Ark. Code Ann. § 23-18-507 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-507
Authority of commission - Legislative intent
Status: in_force

(a) Nothing in this subchapter shall be deemed to confer upon the Arkansas Public Service Commission power or jurisdiction to regulate or supervise the rates, service, or securities of any person not otherwise subject to the Arkansas Public Service Commission's jurisdiction. (b) The Arkansas Public Service Commission, in the discharge of its duties under this subchapter or any other act, is authorized to make joint investigations, hold joint hearings in or outside the state, and to issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state or of the United States, whether in the holding of such investigations or hearings or in the making of such orders the Arkansas Public Service Commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise. (c) In the discharge of its duties under this subchapter, the Arkansas Public Service Commission is further authorized to negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the United States Congress, for cooperative efforts in certification, construction, financing, operation, and maintenance of major utility facilities in accord with the purposes of this subchapter and for the enforcement of the respective state laws regarding them. (d) The Arkansas Public Service Commission is deemed to be the agency of the State of Arkansas that shall be the member of any regional hearing authority or commission created by the terms of any compact between Arkansas and other states or between Arkansas and the United States otherwise concerning the implementation of this subchapter, except as may be provided by §§ 23-18-505 and 23-18-506 . (e) It is the intent of the General Assembly to confer upon the Arkansas Public Service Commission, under this subchapter, broad rulemaking authority adequate to enable it to comply with any requirements imposed by state or federal legislation dealing with the subject matter of this subchapter upon state-administered certification programs and to enable it to comply with any state or federal requirements for facilitating the issuance of tax-exempt bonds should their issuance be authorized. (f) (1) Under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder, the Arkansas Public Service Commission may determine the need for additional energy supply and transmission resources by public utilities in an energy resource declaration-of-need proceeding. (2) A determination of need under subdivision (f)(1) of this section shall be deemed the basis for the need for the construction of a major utility facility to be sited and constructed under this subchapter. Amended by Act 2019, No. 315,§ 2476, eff. 7/24/2019. Acts 1973, No. 164, §§ 14, 18; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.13, 73-276.17; Acts 2011, No. 910, § 5.

(a) Nothing in this subchapter shall be deemed to confer upon the Arkansas Public Service Commission power or jurisdiction to regulate or supervise the rates, service, or securities of any person not otherwise subject to the Arkansas Public Service Commission's jurisdiction.

(b) The Arkansas Public Service Commission, in the discharge of its duties under this subchapter or any other act, is authorized to make joint investigations, hold joint hearings in or outside the state, and to issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state or of the United States, whether in the holding of such investigations or hearings or in the making of such orders the Arkansas Public Service Commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise.

(c) In the discharge of its duties under this subchapter, the Arkansas Public Service Commission is further authorized to negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the United States Congress, for cooperative efforts in certification, construction, financing, operation, and maintenance of major utility facilities in accord with the purposes of this subchapter and for the enforcement of the respective state laws regarding them.

(d) The Arkansas Public Service Commission is deemed to be the agency of the State of Arkansas that shall be the member of any regional hearing authority or commission created by the terms of any compact between Arkansas and other states or between Arkansas and the United States otherwise concerning the implementation of this subchapter, except as may be provided by §§ 23-18-505 and 23-18-506 .

(e) It is the intent of the General Assembly to confer upon the Arkansas Public Service Commission, under this subchapter, broad rulemaking authority adequate to enable it to comply with any requirements imposed by state or federal legislation dealing with the subject matter of this subchapter upon state-administered certification programs and to enable it to comply with any state or federal requirements for facilitating the issuance of tax-exempt bonds should their issuance be authorized.

(f) (1) Under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder, the Arkansas Public Service Commission may determine the need for additional energy supply and transmission resources by public utilities in an energy resource declaration-of-need proceeding. (2) A determination of need under subdivision (f)(1) of this section shall be deemed the basis for the need for the construction of a major utility facility to be sited and constructed under this subchapter.

(1) Under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder, the Arkansas Public Service Commission may determine the need for additional energy supply and transmission resources by public utilities in an energy resource declaration-of-need proceeding.

(2) A determination of need under subdivision (f)(1) of this section shall be deemed the basis for the need for the construction of a major utility facility to be sited and constructed under this subchapter.

Amended by Act 2019, No. 315,§ 2476, eff. 7/24/2019.

Acts 1973, No. 164, §§ 14, 18; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.13, 73-276.17; Acts 2011, No. 910, § 5.
Ark. Code Ann. § 23-86-308 — AR Code / Title 23 / Chapter 86 / Subchapter 3 / Section 23-86-308
Rules of construction
Status: in_force

Nothing in this subchapter shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such a group health plan or health insurance coverage. Acts 1997, No. 997, § 1.

Nothing in this subchapter shall be construed as requiring a group health plan or health insurance coverage to provide specific benefits under the terms of such a group health plan or health insurance coverage.

Acts 1997, No. 997, § 1.
Ark. Code Ann. § 23-13-716 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-716
Cash trips prohibited
Status: in_force

(a) A transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify transportation network company drivers of the policy. (b) Transportation network company drivers shall not solicit or accept cash payments from passengers. (c) A payment for transportation network company services shall be made only electronically using the transportation network company's digital network or software application. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) A transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify transportation network company drivers of the policy.

(b) Transportation network company drivers shall not solicit or accept cash payments from passengers.

(c) A payment for transportation network company services shall be made only electronically using the transportation network company's digital network or software application.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-81-902 — AR Code / Title 23 / Chapter 81 / Subchapter 9 / Section 23-81-902
Legislative intent
Status: in_force

The General Assembly intends for this subchapter to: (1) Recognize the escheat or unclaimed property statutes under the Unclaimed Property Act, § 18-28-201 et seq.; and (2) Require the complete and proper disclosure, transparency, and accountability for any method of payment of death benefits under a life insurance policy that is subject to regulation by the State Insurance Department. Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.

The General Assembly intends for this subchapter to:

(1) Recognize the escheat or unclaimed property statutes under the Unclaimed Property Act, § 18-28-201 et seq.; and

(2) Require the complete and proper disclosure, transparency, and accountability for any method of payment of death benefits under a life insurance policy that is subject to regulation by the State Insurance Department.

Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.
Ark. Code Ann. § 23-74-606 — AR Code / Title 23 / Chapter 74 / Subchapter 6 / Section 23-74-606
Injunction, liquidation, or receivership of domestic society
Status: in_force

(a) When the Insurance Commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers; (2) Has failed to comply with any provision of this chapter; (3) Is not fulfilling its contracts in good faith; (4) Has a membership of less than four hundred (400) after an existence of one (1) year or more; or (5) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business, the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of such findings of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society. (b) If on such a date the society does not present good and sufficient reasons why it should not be so enjoined or why such an action should not be commenced, the commissioner may present the facts relating thereto to the Attorney General who shall, if he or she deems the circumstances warrant, commence an action to enjoin the society from transacting business or in quo warranto. (c) The court shall thereupon notify the officers of the society of a hearing. If after a full hearing it appears that the society should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order. No society so enjoined shall have the authority to do business until: (1) The commissioner finds that the violation complained of has been corrected; (2) The costs of such an action shall have been paid by the society if the court finds that the society was in default as charged; (3) The court has dissolved its injunction; and (4) The commissioner has reinstated the certificate of authority. (d) If the court orders the society liquidated, it shall be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed at once to take possession of the books, papers, money, and other assets of the society, and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto. (e) (1) No action under this section shall be recognized in any court of this state unless brought by the Attorney General upon request of the commissioner. (2) Whenever a receiver is to be appointed for a domestic society, the court shall appoint the commissioner as the receiver. (f) The provisions of this section relating to hearing by the commissioner, action by the Attorney General at the request of the commissioner, hearing by the court, injunction, and receivership shall be applicable to a society which shall voluntarily determine to discontinue business. Acts 1989, No. 881, § 1.

(a) When the Insurance Commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers; (2) Has failed to comply with any provision of this chapter; (3) Is not fulfilling its contracts in good faith; (4) Has a membership of less than four hundred (400) after an existence of one (1) year or more; or (5) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business, the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of such findings of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society.

(1) Has exceeded its powers;

(2) Has failed to comply with any provision of this chapter;

(3) Is not fulfilling its contracts in good faith;

(4) Has a membership of less than four hundred (400) after an existence of one (1) year or more; or

(5) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business, the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of such findings of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society.

the commissioner shall notify the society of the deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. The commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After the notice, the society shall have a thirty-day period in which to comply with the commissioner's request for correction, and if the society fails to comply, the commissioner shall notify the society of such findings of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society.

(b) If on such a date the society does not present good and sufficient reasons why it should not be so enjoined or why such an action should not be commenced, the commissioner may present the facts relating thereto to the Attorney General who shall, if he or she deems the circumstances warrant, commence an action to enjoin the society from transacting business or in quo warranto.

(c) The court shall thereupon notify the officers of the society of a hearing. If after a full hearing it appears that the society should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order. No society so enjoined shall have the authority to do business until: (1) The commissioner finds that the violation complained of has been corrected; (2) The costs of such an action shall have been paid by the society if the court finds that the society was in default as charged; (3) The court has dissolved its injunction; and (4) The commissioner has reinstated the certificate of authority.

(1) The commissioner finds that the violation complained of has been corrected;

(2) The costs of such an action shall have been paid by the society if the court finds that the society was in default as charged;

(3) The court has dissolved its injunction; and

(4) The commissioner has reinstated the certificate of authority.

(d) If the court orders the society liquidated, it shall be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed at once to take possession of the books, papers, money, and other assets of the society, and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto.

(e) (1) No action under this section shall be recognized in any court of this state unless brought by the Attorney General upon request of the commissioner. (2) Whenever a receiver is to be appointed for a domestic society, the court shall appoint the commissioner as the receiver.

(1) No action under this section shall be recognized in any court of this state unless brought by the Attorney General upon request of the commissioner.

(2) Whenever a receiver is to be appointed for a domestic society, the court shall appoint the commissioner as the receiver.

(f) The provisions of this section relating to hearing by the commissioner, action by the Attorney General at the request of the commissioner, hearing by the court, injunction, and receivership shall be applicable to a society which shall voluntarily determine to discontinue business.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-99-402 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-402
Legislative findings and intent
Status: in_force

As the state's insurance sector becomes increasingly dominated by managed care features that include decisions regarding coverage and appropriateness of health care, there is a vital need to protect patients in this environment. Acts 1997, No. 1196, § 2.

As the state's insurance sector becomes increasingly dominated by managed care features that include decisions regarding coverage and appropriateness of health care, there is a vital need to protect patients in this environment.

Acts 1997, No. 1196, § 2.
Ark. Code Ann. § 23-51-106 — AR Code / Title 23 / Chapter 51 / Section 23-51-106
Application for state trust company charter
Status: in_force

(a) An application for a state trust company charter must be made under oath and in the form required by the Bank Commissioner and must be supported by information, data, records, and opinions of counsel that the commissioner requires. The application must be accompanied by a non-refundable filing fee of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) as set by rule of the commissioner and proof of escrow of deposit for the required capital. (b) The commissioner shall grant a state trust company charter only on proof that one or more viable markets exist within or outside of this state that may be served in a profitable manner by the establishment of the proposed state trust company. In making such a determination, the commissioner shall examine the business plan which shall be submitted as part of the application for a state trust company charter and consider: (1) The market or markets to be served; (2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location; (3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served; (4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable; (5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and (6) Whether the organizers are acting in good faith. (c) The failure of an applicant to furnish required information, data, opinions of counsel, other material or the required fee is considered an abandonment of the application. Amended by Act 2019, No. 315,§ 2565, eff. 7/24/2019. Acts 1997, No. 940, § 6.

(a) An application for a state trust company charter must be made under oath and in the form required by the Bank Commissioner and must be supported by information, data, records, and opinions of counsel that the commissioner requires. The application must be accompanied by a non-refundable filing fee of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) as set by rule of the commissioner and proof of escrow of deposit for the required capital.

(b) The commissioner shall grant a state trust company charter only on proof that one or more viable markets exist within or outside of this state that may be served in a profitable manner by the establishment of the proposed state trust company. In making such a determination, the commissioner shall examine the business plan which shall be submitted as part of the application for a state trust company charter and consider: (1) The market or markets to be served; (2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location; (3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served; (4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable; (5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and (6) Whether the organizers are acting in good faith.

(1) The market or markets to be served;

(2) Whether the proposed organizational and capital structure and amount of initial capitalization is adequate for the proposed business and location;

(3) Whether the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served;

(4) Whether the proposed officers and directors, as a group, have sufficient fiduciary experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will operate in compliance with law and that success of the proposed state trust company is probable;

(5) Whether each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the proposed state trust company will be free from improper or unlawful influence or interference with respect to the state trust company's operation in compliance with law; and

(6) Whether the organizers are acting in good faith.

(c) The failure of an applicant to furnish required information, data, opinions of counsel, other material or the required fee is considered an abandonment of the application.

Amended by Act 2019, No. 315,§ 2565, eff. 7/24/2019.

Acts 1997, No. 940, § 6.
Ark. Code Ann. § 23-17-507 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-507
Damage and repair - Replacements - Abandonment - Removal
Status: in_force

(a) (1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority. (2) If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs. (b) (1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes. (2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced. (c) (1) A wireless provider shall notify the authority at least thirty (30) days before the wireless provider's abandonment of a small wireless facility. (2) If the wireless provider fails to remove the abandoned small wireless facility within ninety (90) days after the notice, the authority may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns. (d) (1) An authority may order the removal of a small wireless facility or associated pole in the right-of-way that violates § 23-17-505 , § 23-17-506 , or applicable codes. (2) The authority shall provide written notice of the violation to the owner of the small wireless facility at least thirty (30) days before removal to afford the owner the opportunity to conduct repairs or removal or otherwise remedy the violation. (3) (A) If the authority determines that a wireless provider's activity in a right-of-way under this subchapter creates an imminent risk to public safety, the authority may provide written notice to the wireless provider and demand that the wireless provider address the risk. (B) If the wireless provider fails to reasonably address the risk within twenty-four hours of the written notice, the authority may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions. (e) (1) A wireless provider shall not collocate a small wireless facility or install, modify, or replace a pole in the right-of-way that: (A) Materially interferes with the safe operation of traffic control equipment; (B) Materially interferes with sight lines or clear zones for transportation or pedestrians; (C) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or (D) Fails to comply with applicable codes. (2) (A) For an authority that requires permits under § 23-17-510 , compliance with these criteria will be determined during the permitting process. (B) An authority that does not require a permit under § 23-17-510 shall provide at least thirty (30) days' notice of and a reasonable opportunity to cure a violation of subdivision (e)(1) of this section. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) (1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority. (2) If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.

(1) A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the authority.

(2) If the wireless provider fails to make the repairs required by the authority within a reasonable time after written notice, the authority may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.

(b) (1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes. (2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.

(1) A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes.

(2) A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.

(c) (1) A wireless provider shall notify the authority at least thirty (30) days before the wireless provider's abandonment of a small wireless facility. (2) If the wireless provider fails to remove the abandoned small wireless facility within ninety (90) days after the notice, the authority may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.

(1) A wireless provider shall notify the authority at least thirty (30) days before the wireless provider's abandonment of a small wireless facility.

(2) If the wireless provider fails to remove the abandoned small wireless facility within ninety (90) days after the notice, the authority may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.

(d) (1) An authority may order the removal of a small wireless facility or associated pole in the right-of-way that violates § 23-17-505 , § 23-17-506 , or applicable codes. (2) The authority shall provide written notice of the violation to the owner of the small wireless facility at least thirty (30) days before removal to afford the owner the opportunity to conduct repairs or removal or otherwise remedy the violation. (3) (A) If the authority determines that a wireless provider's activity in a right-of-way under this subchapter creates an imminent risk to public safety, the authority may provide written notice to the wireless provider and demand that the wireless provider address the risk. (B) If the wireless provider fails to reasonably address the risk within twenty-four hours of the written notice, the authority may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions.

(1) An authority may order the removal of a small wireless facility or associated pole in the right-of-way that violates § 23-17-505 , § 23-17-506 , or applicable codes.

(2) The authority shall provide written notice of the violation to the owner of the small wireless facility at least thirty (30) days before removal to afford the owner the opportunity to conduct repairs or removal or otherwise remedy the violation.

(3) (A) If the authority determines that a wireless provider's activity in a right-of-way under this subchapter creates an imminent risk to public safety, the authority may provide written notice to the wireless provider and demand that the wireless provider address the risk. (B) If the wireless provider fails to reasonably address the risk within twenty-four hours of the written notice, the authority may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions.

(A) If the authority determines that a wireless provider's activity in a right-of-way under this subchapter creates an imminent risk to public safety, the authority may provide written notice to the wireless provider and demand that the wireless provider address the risk.

(B) If the wireless provider fails to reasonably address the risk within twenty-four hours of the written notice, the authority may take or cause to be taken action to reasonably address the risk and charge the wireless provider the reasonable documented cost of the actions.

(e) (1) A wireless provider shall not collocate a small wireless facility or install, modify, or replace a pole in the right-of-way that: (A) Materially interferes with the safe operation of traffic control equipment; (B) Materially interferes with sight lines or clear zones for transportation or pedestrians; (C) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or (D) Fails to comply with applicable codes. (2) (A) For an authority that requires permits under § 23-17-510 , compliance with these criteria will be determined during the permitting process. (B) An authority that does not require a permit under § 23-17-510 shall provide at least thirty (30) days' notice of and a reasonable opportunity to cure a violation of subdivision (e)(1) of this section.

(1) A wireless provider shall not collocate a small wireless facility or install, modify, or replace a pole in the right-of-way that: (A) Materially interferes with the safe operation of traffic control equipment; (B) Materially interferes with sight lines or clear zones for transportation or pedestrians; (C) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or (D) Fails to comply with applicable codes.

(A) Materially interferes with the safe operation of traffic control equipment;

(B) Materially interferes with sight lines or clear zones for transportation or pedestrians;

(C) Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or

(D) Fails to comply with applicable codes.

(2) (A) For an authority that requires permits under § 23-17-510 , compliance with these criteria will be determined during the permitting process. (B) An authority that does not require a permit under § 23-17-510 shall provide at least thirty (30) days' notice of and a reasonable opportunity to cure a violation of subdivision (e)(1) of this section.

(A) For an authority that requires permits under § 23-17-510 , compliance with these criteria will be determined during the permitting process.

(B) An authority that does not require a permit under § 23-17-510 shall provide at least thirty (30) days' notice of and a reasonable opportunity to cure a violation of subdivision (e)(1) of this section.

Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-4-801 — AR Code / Title 23 / Chapter 4 / Subchapter 8 / Section 23-4-801
Definitions
Status: in_force

As used in this section and § 23-4-802 , unless the context otherwise requires: (1) "Officers of this state, legislative, executive, or judicial" includes all officers elective, appointive, commissioned, or qualified; and (2) "Railroad" or "transportation company" shall be deemed and taken to mean all corporations, companies, or individuals owning or operating any railroad or transportation line in this state for the public transportation or conveyance as common carriers of persons or property therein. Acts 1887, No. 22, §§ 3, 5, p. 27; C. & M. Dig., §§ 890, 892; Pope's Dig., §§ 1092, 1094; A.S.A. 1947, §§ 73-1529, 73-1531.

As used in this section and § 23-4-802 , unless the context otherwise requires:

(1) "Officers of this state, legislative, executive, or judicial" includes all officers elective, appointive, commissioned, or qualified; and

(2) "Railroad" or "transportation company" shall be deemed and taken to mean all corporations, companies, or individuals owning or operating any railroad or transportation line in this state for the public transportation or conveyance as common carriers of persons or property therein.

Acts 1887, No. 22, §§ 3, 5, p. 27; C. & M. Dig., §§ 890, 892; Pope's Dig., §§ 1092, 1094; A.S.A. 1947, §§ 73-1529, 73-1531.
Ark. Code Ann. § 23-4-1204 — AR Code / Title 23 / Chapter 4 / Subchapter 12 / Section 23-4-1204
Formula rate review - Authorized
Status: in_force

(a) A formula rate review is authorized to provide an annual streamlined review of a public utility's rates to determine if adjustments are needed to comply with this subchapter. (b) An electric cooperative corporation established under the Electric Cooperative Corporation Act, § 23-18-301 et seq., shall not be regulated by a formula rate review. Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.

(a) A formula rate review is authorized to provide an annual streamlined review of a public utility's rates to determine if adjustments are needed to comply with this subchapter.

(b) An electric cooperative corporation established under the Electric Cooperative Corporation Act, § 23-18-301 et seq., shall not be regulated by a formula rate review.

Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.
Ark. Code Ann. § 23-18-1201 — AR Code / Title 23 / Chapter 18 / Subchapter 12 / Section 23-18-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Rural Broadband I.D. Expenses Trust Fund Grant Program". Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.

This subchapter shall be known and may be cited as the "Rural Broadband I.D. Expenses Trust Fund Grant Program".

Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Ark. Code Ann. § 23-66-608 — AR Code / Title 23 / Chapter 66 / Subchapter 6 / Section 23-66-608
Authorization to promulgate rules
Status: in_force

The Insurance Commissioner may promulgate rules to effectuate the purposes of this subchapter. Amended by Act 2019, No. 315,§ 2669, eff. 7/24/2019. Acts 1997, No. 900, § 8; 2001, No. 1728, § 3.

The Insurance Commissioner may promulgate rules to effectuate the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 2669, eff. 7/24/2019.

Acts 1997, No. 900, § 8; 2001, No. 1728, § 3.
Ark. Code Ann. § 23-40-109 — AR Code / Title 23 / Chapter 40 / Section 23-40-109
Permit required
Status: in_force

(a) Any individual, firm, partnership, corporation, society, association, or other entity, hereinafter called an "organization", desiring to sell prearranged or prepaid funeral services or funeral merchandise, including caskets, grave vaults, and all other articles of merchandise incidental to funeral services, in this state under a sales contract providing for prepaid disposition or funeral benefits or merchandise to be delivered at an undetermined future date depending upon the death of a contracting party, hereinafter called "prepaid funeral benefits", or any organization desiring to purchase an interest in, or assume the liability of, any contract for prepaid funeral benefits, shall obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into any such agreement or contract and prior to accepting money, property, or any other direct or indirect consideration and shall first apply for and obtain a prepaid funeral benefits permit or license pursuant to the provisions of this chapter. (b) An organization desiring to sell prepaid funeral benefits or otherwise own any interest in any contract for prepaid funeral benefits shall file proof of ownership of an establishment which is in the business of providing the funeral goods or services to be contracted for and proof that the establishment is duly authorized and licensed to do such business in the State of Arkansas. (c) It shall be unlawful to sell prepaid funeral benefits unless the seller holds a valid, current permit at the time the contract is made. Acts 1985, No. 156, § 2; A.S.A. 1947, § 67-1714; Acts 1995, No. 852, § 3.

(a) Any individual, firm, partnership, corporation, society, association, or other entity, hereinafter called an "organization", desiring to sell prearranged or prepaid funeral services or funeral merchandise, including caskets, grave vaults, and all other articles of merchandise incidental to funeral services, in this state under a sales contract providing for prepaid disposition or funeral benefits or merchandise to be delivered at an undetermined future date depending upon the death of a contracting party, hereinafter called "prepaid funeral benefits", or any organization desiring to purchase an interest in, or assume the liability of, any contract for prepaid funeral benefits, shall obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into any such agreement or contract and prior to accepting money, property, or any other direct or indirect consideration and shall first apply for and obtain a prepaid funeral benefits permit or license pursuant to the provisions of this chapter.

(b) An organization desiring to sell prepaid funeral benefits or otherwise own any interest in any contract for prepaid funeral benefits shall file proof of ownership of an establishment which is in the business of providing the funeral goods or services to be contracted for and proof that the establishment is duly authorized and licensed to do such business in the State of Arkansas.

(c) It shall be unlawful to sell prepaid funeral benefits unless the seller holds a valid, current permit at the time the contract is made.

Acts 1985, No. 156, § 2; A.S.A. 1947, § 67-1714; Acts 1995, No. 852, § 3.
Ark. Code Ann. § 23-114-706 — AR Code / Title 23 / Chapter 114 / Subchapter 7 / Section 23-114-706
Complaints
Status: in_force

If a person suspects a violation of this chapter, he or she may file a complaint concerning a licensed authorized organization with the Department of Finance and Administration. Acts 2009, No. 499, § 12.

If a person suspects a violation of this chapter, he or she may file a complaint concerning a licensed authorized organization with the Department of Finance and Administration.

Acts 2009, No. 499, § 12.
Ark. Code Ann. § 23-38-207 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-207
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 27a, as added by Acts 1931, No. 236, § 12; Pope's Dig., § 1004; A.S.A. 1947, § 67-814.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 27a, as added by Acts 1931, No. 236, § 12; Pope's Dig., § 1004; A.S.A. 1947, § 67-814.
Ark. Code Ann. § 23-83-118 — AR Code / Title 23 / Chapter 83 / Section 23-83-118
Conversion on termination of policy provision
Status: in_force

(a) Excluding an annuity policy, a group policy shall contain a provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured thereunder at the date of the termination whose insurance terminates, including the insured dependent of a covered person, and who has been an insured for at least five (5) years prior to the termination date shall be entitled to have issued to him or her by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by § 23-83-117 . (b) However, the group policy may provide that the amount of the individual policy shall not exceed the smaller of: (1) The amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he or she is or becomes eligible under a group policy issued or reinstated by the same or another insurer within thirty-one (31) days after the termination; or (2) Ten thousand dollars ($10,000). Acts 1981, No. 898, § 18; A.S.A. 1947, § 66-3518.

(a) Excluding an annuity policy, a group policy shall contain a provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured thereunder at the date of the termination whose insurance terminates, including the insured dependent of a covered person, and who has been an insured for at least five (5) years prior to the termination date shall be entitled to have issued to him or her by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by § 23-83-117 .

(b) However, the group policy may provide that the amount of the individual policy shall not exceed the smaller of: (1) The amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he or she is or becomes eligible under a group policy issued or reinstated by the same or another insurer within thirty-one (31) days after the termination; or (2) Ten thousand dollars ($10,000).

(1) The amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he or she is or becomes eligible under a group policy issued or reinstated by the same or another insurer within thirty-one (31) days after the termination; or

(2) Ten thousand dollars ($10,000).

Acts 1981, No. 898, § 18; A.S.A. 1947, § 66-3518.
Ark. Code Ann. § 23-18-331 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-331
Service in incorporated areas
Status: in_force

(a) (1) The inclusion by incorporation, annexation, or otherwise of any portion of a rural area assigned to corporations within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the rights of the corporations under their certificates of convenience and necessity to continue and extend electric service in the included areas. (2) Notwithstanding any other provisions of law, the corporations shall be entitled to continue and extend service therein under the same terms and conditions as those contained in the franchise or indeterminate permit of any other supplier of electric service in the city, town, or village the same as though it were a party to the franchise or indeterminate permit. (b) (1) A corporation which serves an area within the limits of any municipality under the terms of this subchapter shall as to that area be subject in all respects to the jurisdiction of the Arkansas Public Service Commission to the same extent and in the same manner as it is subject to such jurisdiction in areas outside the limits of municipalities. (2) Any such city, town, or village shall have the same authority to impose taxes, charges, or fees in respect to the business of a corporation conducted within the corporate limits of such city, town, or village as it has in respect to business conducted by other suppliers of electric service. (c) Nothing in this section shall in any manner restrict or impair the right of any municipality to acquire, construct, expand, maintain, or operate any electric generation, transmission, or distribution facilities within the corporate limits of the city, town, or village in Arkansas as such limits may now exist or as such limits may exist upon the extension or expansion of the city limits of the city, town, or village. Acts 1937, No. 342, § 31; Pope's Dig., § 2345; Acts 1955, No. 85, §§ 2, 3; 1957, No. 103, § 2; 1967, No. 234, § 6; A.S.A. 1947, § 77-1131; Acts 1999, No. 1556, § 18.

(a) (1) The inclusion by incorporation, annexation, or otherwise of any portion of a rural area assigned to corporations within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the rights of the corporations under their certificates of convenience and necessity to continue and extend electric service in the included areas. (2) Notwithstanding any other provisions of law, the corporations shall be entitled to continue and extend service therein under the same terms and conditions as those contained in the franchise or indeterminate permit of any other supplier of electric service in the city, town, or village the same as though it were a party to the franchise or indeterminate permit.

(1) The inclusion by incorporation, annexation, or otherwise of any portion of a rural area assigned to corporations within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the rights of the corporations under their certificates of convenience and necessity to continue and extend electric service in the included areas.

(2) Notwithstanding any other provisions of law, the corporations shall be entitled to continue and extend service therein under the same terms and conditions as those contained in the franchise or indeterminate permit of any other supplier of electric service in the city, town, or village the same as though it were a party to the franchise or indeterminate permit.

(b) (1) A corporation which serves an area within the limits of any municipality under the terms of this subchapter shall as to that area be subject in all respects to the jurisdiction of the Arkansas Public Service Commission to the same extent and in the same manner as it is subject to such jurisdiction in areas outside the limits of municipalities. (2) Any such city, town, or village shall have the same authority to impose taxes, charges, or fees in respect to the business of a corporation conducted within the corporate limits of such city, town, or village as it has in respect to business conducted by other suppliers of electric service.

(1) A corporation which serves an area within the limits of any municipality under the terms of this subchapter shall as to that area be subject in all respects to the jurisdiction of the Arkansas Public Service Commission to the same extent and in the same manner as it is subject to such jurisdiction in areas outside the limits of municipalities.

(2) Any such city, town, or village shall have the same authority to impose taxes, charges, or fees in respect to the business of a corporation conducted within the corporate limits of such city, town, or village as it has in respect to business conducted by other suppliers of electric service.

(c) Nothing in this section shall in any manner restrict or impair the right of any municipality to acquire, construct, expand, maintain, or operate any electric generation, transmission, or distribution facilities within the corporate limits of the city, town, or village in Arkansas as such limits may now exist or as such limits may exist upon the extension or expansion of the city limits of the city, town, or village.

Acts 1937, No. 342, § 31; Pope's Dig., § 2345; Acts 1955, No. 85, §§ 2, 3; 1957, No. 103, § 2; 1967, No. 234, § 6; A.S.A. 1947, § 77-1131; Acts 1999, No. 1556, § 18.
Ark. Code Ann. § 23-3-206 — AR Code / Title 23 / Chapter 3 / Subchapter 2 / Section 23-3-206
Unauthorized construction or operation
Status: in_force

(a) Whenever any new construction or operation is undertaken or about to be begun without having secured a certificate of public convenience and necessity as required by the provisions of this act, any interested person may file a complaint with the commission. (b) The commission, with or without notice, may make its order requiring the party complained of to cease and desist from the construction or operation until the commission makes and files its decision on the complaint, or until the further order of the commission. (c) The commission, after hearing and after reasonable notice, may make the order and prescribe such terms and conditions in harmony with this act as are just and reasonable. Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.

(a) Whenever any new construction or operation is undertaken or about to be begun without having secured a certificate of public convenience and necessity as required by the provisions of this act, any interested person may file a complaint with the commission.

(b) The commission, with or without notice, may make its order requiring the party complained of to cease and desist from the construction or operation until the commission makes and files its decision on the complaint, or until the further order of the commission.

(c) The commission, after hearing and after reasonable notice, may make the order and prescribe such terms and conditions in harmony with this act as are just and reasonable.

Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.
Ark. Code Ann. § 23-63-1708 — AR Code / Title 23 / Chapter 63 / Subchapter 17 / Section 23-63-1708
No transaction of an insurance business
Status: in_force

(a) A protected cell company insurance securitization shall not be deemed to be an insurance or reinsurance contract. (b) An investor in a protected cell company insurance securitization shall not be deemed, by sole means of this investment, to be transacting insurance business in this state. (c) The underwriters or selling agents and their partners, directors, officers, members, managers, employees, agents, representatives, and advisors involved in a protected cell company insurance securitization shall not be deemed to be conducting an insurance or reinsurance agency, brokerage, intermediary, advisory, or consulting business by virtue of their activities in connection with the protected cell company insurance securitization. Acts 2001, No. 1428, § 8.

(a) A protected cell company insurance securitization shall not be deemed to be an insurance or reinsurance contract.

(b) An investor in a protected cell company insurance securitization shall not be deemed, by sole means of this investment, to be transacting insurance business in this state.

(c) The underwriters or selling agents and their partners, directors, officers, members, managers, employees, agents, representatives, and advisors involved in a protected cell company insurance securitization shall not be deemed to be conducting an insurance or reinsurance agency, brokerage, intermediary, advisory, or consulting business by virtue of their activities in connection with the protected cell company insurance securitization.

Acts 2001, No. 1428, § 8.
Ark. Code Ann. § 23-112-706 — AR Code / Title 23 / Chapter 112 / Subchapter 7 / Section 23-112-706
Damage after delivery to dealer - Disclosure to consumer - Certification
Status: in_force

(a) Whenever a motor vehicle is damaged after delivery to the dealer by the manufacturer or distributor but before sale by the dealer to the consumer, and the occurrence and extent of such damage is in excess of six percent (6%) of the sticker price of the vehicle, it must be disclosed by the dealer to the consumer prior to the sale, and upon repair of the damage sustained, or replacement of parts or accessories damaged, the dealer must certify to the consumer that this motor vehicle has been repaired or remanufactured according to the manufacturer's standards. (b) Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the dealer. Acts 1991, No. 952, § 6.

(a) Whenever a motor vehicle is damaged after delivery to the dealer by the manufacturer or distributor but before sale by the dealer to the consumer, and the occurrence and extent of such damage is in excess of six percent (6%) of the sticker price of the vehicle, it must be disclosed by the dealer to the consumer prior to the sale, and upon repair of the damage sustained, or replacement of parts or accessories damaged, the dealer must certify to the consumer that this motor vehicle has been repaired or remanufactured according to the manufacturer's standards.

(b) Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the dealer.

Acts 1991, No. 952, § 6.
Ark. Code Ann. § 23-13-719 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-719
Status of transportation network company drivers - Workers' compensation coverage not applicable
Status: in_force

(a) Notwithstanding any provision of law to the contrary, a transportation network company driver is an independent contractor and not the employee of the transportation network company if: (1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company's website, digital platform, or software application; (2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies; (3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided; (4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and (5) The transportation network company and transportation network company driver agree in writing that the transportation network company driver is an independent contractor of the transportation network company. (b) A transportation network company that complies with subsection (a) of this section is not required to provide workers' compensation coverage for a transportation network company driver that is classified as an independent contractor under this section. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) Notwithstanding any provision of law to the contrary, a transportation network company driver is an independent contractor and not the employee of the transportation network company if: (1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company's website, digital platform, or software application; (2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies; (3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided; (4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and (5) The transportation network company and transportation network company driver agree in writing that the transportation network company driver is an independent contractor of the transportation network company.

(1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company's website, digital platform, or software application;

(2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies;

(3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided;

(4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and

(5) The transportation network company and transportation network company driver agree in writing that the transportation network company driver is an independent contractor of the transportation network company.

(b) A transportation network company that complies with subsection (a) of this section is not required to provide workers' compensation coverage for a transportation network company driver that is classified as an independent contractor under this section.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-87-118 — AR Code / Title 23 / Chapter 87 / Section 23-87-118
Enforcement
Status: in_force

(a) After notice and hearing, the Insurance Commissioner may issue such rules as the commissioner deems appropriate for the supervision of this chapter. (b) (1) Whenever the commissioner finds that there has been a violation of this chapter or any rules issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person licensed by the commissioner, the commissioner shall set forth the details of his or her findings together with an order for compliance by a specified date. (2) The order shall be binding on the insurer and other person licensed by the commissioner on the date specified unless sooner withdrawn by the commissioner or a stay thereof has been ordered by a court of competent jurisdiction. Amended by Act 2019, No. 315,§ 2759, eff. 7/24/2019. Acts 1959, No. 148, § 442; A.S.A. 1947, § 66-3816.

(a) After notice and hearing, the Insurance Commissioner may issue such rules as the commissioner deems appropriate for the supervision of this chapter.

(b) (1) Whenever the commissioner finds that there has been a violation of this chapter or any rules issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person licensed by the commissioner, the commissioner shall set forth the details of his or her findings together with an order for compliance by a specified date. (2) The order shall be binding on the insurer and other person licensed by the commissioner on the date specified unless sooner withdrawn by the commissioner or a stay thereof has been ordered by a court of competent jurisdiction.

(1) Whenever the commissioner finds that there has been a violation of this chapter or any rules issued pursuant thereto, and after written notice thereof and hearing given to the insurer or other person licensed by the commissioner, the commissioner shall set forth the details of his or her findings together with an order for compliance by a specified date.

(2) The order shall be binding on the insurer and other person licensed by the commissioner on the date specified unless sooner withdrawn by the commissioner or a stay thereof has been ordered by a court of competent jurisdiction.

Amended by Act 2019, No. 315,§ 2759, eff. 7/24/2019.

Acts 1959, No. 148, § 442; A.S.A. 1947, § 66-3816.
Ark. Code Ann. § 23-17-410 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-410
Competing local exchange carriers in service areas of rural telephone companies
Status: in_force

(a) A rural telephone company shall not have any duty to negotiate terms and conditions of or to enter into any agreement for the provision to any other telecommunications provider of interconnection with the rural telephone company's network as provided by 47 U.S.C. §§ 251(c) and 252 , including access to its network elements on an unbundled basis, resale of any telecommunications service that the rural telephone company provides at retail to subscribers, or physical collocation, unless and until a telecommunications provider has made a bona fide request to the rural telephone company for the services and the Arkansas Public Service Commission has determined, in accordance with the federal act, that the rural telephone company must fulfill the request. (b) With regard to a rural telephone company that is not also a tier one company, the commission may only determine that the rural telephone company must fulfill such a request if after reasonable notice and hearing it is established by clear and convincing evidence that: (1) The request is not unduly economically burdensome; (2) The request is technically feasible; and (3) The request is consistent with the protection of universal service and the public interest, convenience, and necessity. (c) The commission shall not conclude that clear and convincing evidence exists, as required in subsection (b) of this section, unless the commission has, among other relevant matters, concluded that granting the requested relief will not result in significant adverse impact on any of the following: (1) The customers of the incumbent local exchange carrier serving the area; (2) The incumbent local exchange carrier's continuing ability to provide its customers adequate service at reasonable rates; (3) The incumbent local exchange carrier's ability to continue to meet eligible carrier obligations; (4) Statewide average toll rates; (5) Customers' cost of telephone service; (6) The goals of universal service; (7) The quality of service provided to customers; (8) The incumbent local exchange carrier's ability to attract capital and incur debt at reasonable rates and the ability to sustain a sufficient revenue stream to pay existing debt; (9) The ability of the exchange to support more than one (1) local exchange carrier; and (10) The interest of all ratepayers. (d) If no order granting the request is entered by the commission within one hundred twenty (120) days after notice of the request has been filed, the request is denied. Acts 1997, No. 77, § 10.

(a) A rural telephone company shall not have any duty to negotiate terms and conditions of or to enter into any agreement for the provision to any other telecommunications provider of interconnection with the rural telephone company's network as provided by 47 U.S.C. §§ 251(c) and 252 , including access to its network elements on an unbundled basis, resale of any telecommunications service that the rural telephone company provides at retail to subscribers, or physical collocation, unless and until a telecommunications provider has made a bona fide request to the rural telephone company for the services and the Arkansas Public Service Commission has determined, in accordance with the federal act, that the rural telephone company must fulfill the request.

(b) With regard to a rural telephone company that is not also a tier one company, the commission may only determine that the rural telephone company must fulfill such a request if after reasonable notice and hearing it is established by clear and convincing evidence that: (1) The request is not unduly economically burdensome; (2) The request is technically feasible; and (3) The request is consistent with the protection of universal service and the public interest, convenience, and necessity.

(1) The request is not unduly economically burdensome;

(2) The request is technically feasible; and

(3) The request is consistent with the protection of universal service and the public interest, convenience, and necessity.

(c) The commission shall not conclude that clear and convincing evidence exists, as required in subsection (b) of this section, unless the commission has, among other relevant matters, concluded that granting the requested relief will not result in significant adverse impact on any of the following: (1) The customers of the incumbent local exchange carrier serving the area; (2) The incumbent local exchange carrier's continuing ability to provide its customers adequate service at reasonable rates; (3) The incumbent local exchange carrier's ability to continue to meet eligible carrier obligations; (4) Statewide average toll rates; (5) Customers' cost of telephone service; (6) The goals of universal service; (7) The quality of service provided to customers; (8) The incumbent local exchange carrier's ability to attract capital and incur debt at reasonable rates and the ability to sustain a sufficient revenue stream to pay existing debt; (9) The ability of the exchange to support more than one (1) local exchange carrier; and (10) The interest of all ratepayers.

(1) The customers of the incumbent local exchange carrier serving the area;

(2) The incumbent local exchange carrier's continuing ability to provide its customers adequate service at reasonable rates;

(3) The incumbent local exchange carrier's ability to continue to meet eligible carrier obligations;

(4) Statewide average toll rates;

(5) Customers' cost of telephone service;

(6) The goals of universal service;

(7) The quality of service provided to customers;

(8) The incumbent local exchange carrier's ability to attract capital and incur debt at reasonable rates and the ability to sustain a sufficient revenue stream to pay existing debt;

(9) The ability of the exchange to support more than one (1) local exchange carrier; and

(10) The interest of all ratepayers.

(d) If no order granting the request is entered by the commission within one hundred twenty (120) days after notice of the request has been filed, the request is denied.

Acts 1997, No. 77, § 10.
Ark. Code Ann. § 23-89-210 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-210
Premium reduction for college graduates
Status: in_force

(a) Any schedule of rates or rating plan for automobile liability and physical damage insurance submitted to or filed with the Insurance Commissioner shall provide for an appropriate reduction in premium charges for those insured under twenty-five (25) years of age who have graduated from a college or university, and whose cumulative scholastic records show that the insured attained one (1) of the following: (1) If letter grades are used, a grade average of "B" or higher; or (2) At least a 3-point average on a 4-point scale (or equivalent). (b) All insurance companies writing automobile liability and physical damage insurance in Arkansas shall allow an appropriate reduction in premium charges to all eligible persons subject to this section. (c) This reduction in premium charges shall not apply to those insureds who qualify for a premium reduction due to marriage. Acts 1997, No. 1184, § 1.

(a) Any schedule of rates or rating plan for automobile liability and physical damage insurance submitted to or filed with the Insurance Commissioner shall provide for an appropriate reduction in premium charges for those insured under twenty-five (25) years of age who have graduated from a college or university, and whose cumulative scholastic records show that the insured attained one (1) of the following: (1) If letter grades are used, a grade average of "B" or higher; or (2) At least a 3-point average on a 4-point scale (or equivalent).

(1) If letter grades are used, a grade average of "B" or higher; or

(2) At least a 3-point average on a 4-point scale (or equivalent).

(b) All insurance companies writing automobile liability and physical damage insurance in Arkansas shall allow an appropriate reduction in premium charges to all eligible persons subject to this section.

(c) This reduction in premium charges shall not apply to those insureds who qualify for a premium reduction due to marriage.

Acts 1997, No. 1184, § 1.
Ark. Code Ann. § 23-98-104 — AR Code / Title 23 / Chapter 98 / Section 23-98-104
Formation of trusts of qualified individuals
Status: in_force

Solely for purposes of obtaining minimum basic benefit policies pursuant to the authority granted by this chapter, trusts may be formed composed of qualified individuals, qualified families, or qualified groups. Each trust may serve as a master policyholder. Members of qualified groups and members of such trusts may join together solely for the purpose of obtaining health insurance coverage under the provisions of this chapter. The Insurance Commissioner shall adopt rules governing the formation and operation of the trust to assure the protection of persons purchasing policies pursuant to this chapter. Amended by Act 2019, No. 315,§ 2795, eff. 7/24/2019. Acts 1991, No. 238, § 4.

Solely for purposes of obtaining minimum basic benefit policies pursuant to the authority granted by this chapter, trusts may be formed composed of qualified individuals, qualified families, or qualified groups. Each trust may serve as a master policyholder. Members of qualified groups and members of such trusts may join together solely for the purpose of obtaining health insurance coverage under the provisions of this chapter. The Insurance Commissioner shall adopt rules governing the formation and operation of the trust to assure the protection of persons purchasing policies pursuant to this chapter.

Amended by Act 2019, No. 315,§ 2795, eff. 7/24/2019.

Acts 1991, No. 238, § 4.
Ark. Code Ann. § 23-85-117 — AR Code / Title 23 / Chapter 85 / Section 23-85-117
Change of beneficiary provision
Status: in_force

(a) There shall be a provision as follows: "Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy." (b) The first clause of the provision set forth in subsection (a) of this section, relating to the irrevocable designation of beneficiary, may be omitted at the insurer's option. Acts 1959, No. 148, § 400; A.S.A. 1947, § 66-3615.

(a) There shall be a provision as follows: "Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy."

"Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy."

(b) The first clause of the provision set forth in subsection (a) of this section, relating to the irrevocable designation of beneficiary, may be omitted at the insurer's option.

Acts 1959, No. 148, § 400; A.S.A. 1947, § 66-3615.
Ark. Code Ann. § 23-110-101 — AR Code / Title 23 / Chapter 110 / Subchapter 1 / Section 23-110-101
Title
Status: in_force

This chapter shall be referred to and may be cited as the "Arkansas Horse Racing Law". Acts 1957, No. 46, § 1; A.S.A. 1947, § 84-2727.

This chapter shall be referred to and may be cited as the "Arkansas Horse Racing Law".

Acts 1957, No. 46, § 1; A.S.A. 1947, § 84-2727.
Ark. Code Ann. § 23-18-305 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-305
Extension of subchapter to other corporations
Status: in_force

Any cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of engaging in rural electrification and existing prior to the passage of this act may amend its articles of incorporation so as to comply with this subchapter by a majority vote of the members present in person or by proxy at a meeting called for that purpose. Acts 1937, No. 342, § 34; Pope's Dig., § 2348; A.S.A. 1947, § 77-1134.

Any cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of engaging in rural electrification and existing prior to the passage of this act may amend its articles of incorporation so as to comply with this subchapter by a majority vote of the members present in person or by proxy at a meeting called for that purpose.

Acts 1937, No. 342, § 34; Pope's Dig., § 2348; A.S.A. 1947, § 77-1134.
Ark. Code Ann. § 23-81-127 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-127
Annuity and pure endowment contracts - Reinstatement provision
Status: in_force

In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that the contract may be reinstated at any time within one (1) year from the default in making stipulated payments to the insurer, unless the cash surrender value has been paid, but all overdue stipulated payments and any indebtedness to the insurer on the contract shall be paid or reinstated with interest thereon at a rate to be specified in the contract but not exceeding six percent (6%) per annum payable annually. In cases when applicable, the insurer may also include a requirement of evidence of insurability satisfactory to the insurer. Acts 1959, No. 148, § 330; A.S.A. 1947, § 66-3321.

In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that the contract may be reinstated at any time within one (1) year from the default in making stipulated payments to the insurer, unless the cash surrender value has been paid, but all overdue stipulated payments and any indebtedness to the insurer on the contract shall be paid or reinstated with interest thereon at a rate to be specified in the contract but not exceeding six percent (6%) per annum payable annually. In cases when applicable, the insurer may also include a requirement of evidence of insurability satisfactory to the insurer.

Acts 1959, No. 148, § 330; A.S.A. 1947, § 66-3321.
Ark. Code Ann. § 23-74-202 — AR Code / Title 23 / Chapter 74 / Subchapter 2 / Section 23-74-202
Location of office, meetings, communications to members, grievance procedures
Status: in_force

(a) (1) The principal office of any domestic society shall be located in this state. (2) (A) The meetings of its supreme governing body may be held in any state, district, province, or territory wherein the society has at least five (5) subordinate lodges. (B) All business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. (C) The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language. (b) (1) (A) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. The required reports, notices, and statements shall be printed conspicuously in the publication. (B) If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society's official publication. (c) A society may provide in its laws or rules for grievance or complaint procedures for members. Acts 1989, No. 881, § 1.

(a) (1) The principal office of any domestic society shall be located in this state. (2) (A) The meetings of its supreme governing body may be held in any state, district, province, or territory wherein the society has at least five (5) subordinate lodges. (B) All business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. (C) The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.

(1) The principal office of any domestic society shall be located in this state.

(2) (A) The meetings of its supreme governing body may be held in any state, district, province, or territory wherein the society has at least five (5) subordinate lodges. (B) All business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. (C) The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.

(A) The meetings of its supreme governing body may be held in any state, district, province, or territory wherein the society has at least five (5) subordinate lodges.

(B) All business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state.

(C) The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.

(b) (1) (A) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. The required reports, notices, and statements shall be printed conspicuously in the publication. (B) If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society's official publication.

(1) (A) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. The required reports, notices, and statements shall be printed conspicuously in the publication. (B) If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the address unless a member requests a separate copy.

(A) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. The required reports, notices, and statements shall be printed conspicuously in the publication.

(B) If the records of a society show that two (2) or more members have the same mailing address, an official publication mailed to one (1) member is deemed to be mailed to all members at the address unless a member requests a separate copy.

(2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society's official publication.

(c) A society may provide in its laws or rules for grievance or complaint procedures for members.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-89-401 — AR Code / Title 23 / Chapter 89 / Subchapter 4 / Section 23-89-401
Definition
Status: in_force

For the purposes of automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle registered or principally garaged in this state, unless the context otherwise requires, "uninsured motor vehicle" shall be deemed to include, subject to the terms and conditions of the coverage, an insured motor vehicle when the liability insurer thereof is unable to make payment with respect to the legal liability of its insured with the limits specified therein because of insolvency. Acts 1965, No. 464, § 2; A.S.A. 1947, § 66-4004.

For the purposes of automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle registered or principally garaged in this state, unless the context otherwise requires, "uninsured motor vehicle" shall be deemed to include, subject to the terms and conditions of the coverage, an insured motor vehicle when the liability insurer thereof is unable to make payment with respect to the legal liability of its insured with the limits specified therein because of insolvency.

Acts 1965, No. 464, § 2; A.S.A. 1947, § 66-4004.
Ark. Code Ann. § 23-69-129 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-129
Dividends to stockholders
Status: in_force

(a) A domestic stock insurer shall not pay any dividend to stockholders except out of that part of its available surplus funds which is derived from net profits on its business. (b) A stock dividend may be paid out of any available surplus funds in excess of the aggregate amount of surplus loaned to the insurer under § 23-69-132 . (c) A dividend otherwise proper may be payable out of the insurer's earned surplus even though its total surplus is then less than the aggregate of its past contributed surplus resulting from issuance of its capital stock at a price in excess of the par value thereof. Acts 1959, No. 148, § 482; A.S.A. 1947, § 66-4230; Acts 2005, No. 506, § 35.

(a) A domestic stock insurer shall not pay any dividend to stockholders except out of that part of its available surplus funds which is derived from net profits on its business.

(b) A stock dividend may be paid out of any available surplus funds in excess of the aggregate amount of surplus loaned to the insurer under § 23-69-132 .

(c) A dividend otherwise proper may be payable out of the insurer's earned surplus even though its total surplus is then less than the aggregate of its past contributed surplus resulting from issuance of its capital stock at a price in excess of the par value thereof.

Acts 1959, No. 148, § 482; A.S.A. 1947, § 66-4230; Acts 2005, No. 506, § 35.
Ark. Code Ann. § 23-14-117 — AR Code / Title 23 / Chapter 14 / Section 23-14-117
Certificates - Modification, suspension, or revocation
Status: in_force

The Arkansas Department of Transportation after due notice and hearing may alter, amend, modify, suspend, or revoke any certificate previously granted where the public interest so demands. Amended by Act 2017, No. 707,§ 245, eff. 8/1/2017. Acts 1945, No. 252, § 9; A.S.A. 1947, § 74-410.

The Arkansas Department of Transportation after due notice and hearing may alter, amend, modify, suspend, or revoke any certificate previously granted where the public interest so demands.

Amended by Act 2017, No. 707,§ 245, eff. 8/1/2017.

Acts 1945, No. 252, § 9; A.S.A. 1947, § 74-410.
Ark. Code Ann. § 23-68-114 — AR Code / Title 23 / Chapter 68 / Section 23-68-114
Disposition of funds held pursuant to section 23-68-113
Status: in_force

(a) (1) The Liquidation Division of the State Insurance Department is authorized to deposit funds now held pursuant to the provisions of § 23-68-113 , and the Pulaski County Circuit Court, into one (1) or more accounts, in one (1) or more state or national banks, savings banks, savings and loan associations, or trust companies. (2) These funds may be combined to yield the highest rate of return on the deposits, or in any other way to facilitate the efficient operation of the division and the respective receiverships under the jurisdiction of the division. (3) These funds may be used for the purpose of operating the division and the respective receiverships that may, from time to time, fall under its jurisdiction, and for no other purpose. (b) The funds referred to in subsection (a) of this section shall come from the accounts now held by the division, composed of assets sequestered from domestic insurers, and shall in no way be commingled or combined with funds of the State of Arkansas. Acts 1983, No. 750, §§ 1, 2; A.S.A. 1947, §§ 66-4814.1, 66-4814.2.

(a) (1) The Liquidation Division of the State Insurance Department is authorized to deposit funds now held pursuant to the provisions of § 23-68-113 , and the Pulaski County Circuit Court, into one (1) or more accounts, in one (1) or more state or national banks, savings banks, savings and loan associations, or trust companies. (2) These funds may be combined to yield the highest rate of return on the deposits, or in any other way to facilitate the efficient operation of the division and the respective receiverships under the jurisdiction of the division. (3) These funds may be used for the purpose of operating the division and the respective receiverships that may, from time to time, fall under its jurisdiction, and for no other purpose.

(1) The Liquidation Division of the State Insurance Department is authorized to deposit funds now held pursuant to the provisions of § 23-68-113 , and the Pulaski County Circuit Court, into one (1) or more accounts, in one (1) or more state or national banks, savings banks, savings and loan associations, or trust companies.

(2) These funds may be combined to yield the highest rate of return on the deposits, or in any other way to facilitate the efficient operation of the division and the respective receiverships under the jurisdiction of the division.

(3) These funds may be used for the purpose of operating the division and the respective receiverships that may, from time to time, fall under its jurisdiction, and for no other purpose.

(b) The funds referred to in subsection (a) of this section shall come from the accounts now held by the division, composed of assets sequestered from domestic insurers, and shall in no way be commingled or combined with funds of the State of Arkansas.

Acts 1983, No. 750, §§ 1, 2; A.S.A. 1947, §§ 66-4814.1, 66-4814.2.
Ark. Code Ann. § 23-81-131 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-131
Registered life insurance policies and annuity contracts - Certificate
Status: in_force

(a) (1) After making the deposit mentioned in § 23-81-130 , the insurer shall not thereafter issue a registered policy life insurance or of endowment, or annuity bond or contract, unless the policy, bond, or contract shall have upon its face a certificate substantially in the following words: "This policy is registered, and approved securities equal in value to the legal reserve hereon are held in trust by the Commissioner of Insurance of the State of Arkansas." (2) The certificate shall be signed by the Insurance Commissioner and sealed with the seal of the commissioner's office. (b) Every insurer making a deposit under § 23-81-130 shall pay the commissioner for each certificate placed on registered policies, annuity bonds, or contracts issued by the insurer after the original or first deposit is made thereunder, a fee of twenty-five cents (25¢), and this fee so received shall be disposed of by the commissioner as follows: (1) For payment of the annual rent or hire of the safe deposit box or custodial expense as provided for under § 23-63-904 ; (2) Payment for the services of a competent and reliable representative of the commissioner, to be appointed by the commissioner, who shall have direct charge of the securities and safety box containing them, and through whom and under whose supervision the insurer may have access to its securities for the purposes provided in this section and §§ 23-81-130 and 23-81-132 - 23-81-136 . The sum paid the representative shall not exceed the amount received from registration of policies by the insurer during any one (1) year; and (3) The balance of the fees shall be paid to or deposited with the Treasurer of State to the credit of the General Revenue Fund Account of the State Apportionment Fund. Acts 1959, No. 148, §§ 338, 344; A.S.A. 1947, §§ 66-3329, 66-3335.

(a) (1) After making the deposit mentioned in § 23-81-130 , the insurer shall not thereafter issue a registered policy life insurance or of endowment, or annuity bond or contract, unless the policy, bond, or contract shall have upon its face a certificate substantially in the following words: "This policy is registered, and approved securities equal in value to the legal reserve hereon are held in trust by the Commissioner of Insurance of the State of Arkansas." (2) The certificate shall be signed by the Insurance Commissioner and sealed with the seal of the commissioner's office.

(1) After making the deposit mentioned in § 23-81-130 , the insurer shall not thereafter issue a registered policy life insurance or of endowment, or annuity bond or contract, unless the policy, bond, or contract shall have upon its face a certificate substantially in the following words: "This policy is registered, and approved securities equal in value to the legal reserve hereon are held in trust by the Commissioner of Insurance of the State of Arkansas."

(2) The certificate shall be signed by the Insurance Commissioner and sealed with the seal of the commissioner's office.

(b) Every insurer making a deposit under § 23-81-130 shall pay the commissioner for each certificate placed on registered policies, annuity bonds, or contracts issued by the insurer after the original or first deposit is made thereunder, a fee of twenty-five cents (25¢), and this fee so received shall be disposed of by the commissioner as follows: (1) For payment of the annual rent or hire of the safe deposit box or custodial expense as provided for under § 23-63-904 ; (2) Payment for the services of a competent and reliable representative of the commissioner, to be appointed by the commissioner, who shall have direct charge of the securities and safety box containing them, and through whom and under whose supervision the insurer may have access to its securities for the purposes provided in this section and §§ 23-81-130 and 23-81-132 - 23-81-136 . The sum paid the representative shall not exceed the amount received from registration of policies by the insurer during any one (1) year; and (3) The balance of the fees shall be paid to or deposited with the Treasurer of State to the credit of the General Revenue Fund Account of the State Apportionment Fund.

(1) For payment of the annual rent or hire of the safe deposit box or custodial expense as provided for under § 23-63-904 ;

(2) Payment for the services of a competent and reliable representative of the commissioner, to be appointed by the commissioner, who shall have direct charge of the securities and safety box containing them, and through whom and under whose supervision the insurer may have access to its securities for the purposes provided in this section and §§ 23-81-130 and 23-81-132 - 23-81-136 . The sum paid the representative shall not exceed the amount received from registration of policies by the insurer during any one (1) year; and

(3) The balance of the fees shall be paid to or deposited with the Treasurer of State to the credit of the General Revenue Fund Account of the State Apportionment Fund.

Acts 1959, No. 148, §§ 338, 344; A.S.A. 1947, §§ 66-3329, 66-3335.
Ark. Code Ann. § 23-99-1207 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1207
Enforcement
Status: in_force

(a) A contracting entity is subject to the Trade Practices Act, § 23-66-201 et seq. (b) The State Insurance Department shall enforce this subchapter. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) A contracting entity is subject to the Trade Practices Act, § 23-66-201 et seq.

(b) The State Insurance Department shall enforce this subchapter.

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-48-601 — AR Code / Title 23 / Chapter 48 / Subchapter 6 / Section 23-48-601
Authority to adopt plan of exchange - Approval by Bank Commissioner required
Status: in_force

(a) (1) A state bank may adopt a plan of exchange for shares of the outstanding capital stock held by its stockholders, for the consideration designated in this section to be paid or provided by a bank holding company which acquires the stock, in the manner provided in this subchapter, by complying with the provisions of this subchapter, subject to subsections (b) and (c) of this section. (2) The plan of exchange may provide that the bank holding company, as the acquiring person, as consideration for the stock of the state bank may: (A) Transfer shares of its capital stock; (B) Transfer other securities issued by it; (C) Pay cash; (D) Pay or provide other consideration; or (E) Pay or provide any combination of the foregoing types of consideration. (b) No such plan of exchange shall be effectuated unless, in advance thereof, the plan has been filed with the Bank Commissioner and approved in writing by him or her after notice and a hearing thereon. The commissioner shall give approval within a reasonable time after the hearing if he or she finds that the plan: (1) Complies with the law; (2) Is fair and equitable to the stockholders of the state bank involved; (3) Provides a satisfactory means for disposing of shares of the state bank resulting from dissenting stockholders; or (4) Would not substantially reduce the security of or service to be rendered to depositors or other customers of the state bank or any affiliate bank of the state bank or the bank holding company. (c) No director, officer, agent, or employee of any party to an exchange of stock shall receive any fee, commission, compensation, or other valuable consideration whatsoever for in any manner aiding, promoting, or assisting therein except as set forth in the plan of exchange. (d) If the commissioner does not approve the plan of exchange, the commissioner shall notify the state bank in writing specifying the reasons therefor. (e) (1) For every plan of exchange filed with the commissioner under subsection (b) of this section, there shall be paid to the State Bank Department by the state bank involved a filing fee equal to one-tenth percent (0.1%) of the paid-up capital stock of the state bank. (2) However, the fee shall in no case be less than five hundred dollars ($500) or more than one thousand dollars ($1,000). (3) In addition, the state bank shall pay all expenses and costs of the department incurred in connection with the plan of exchange and the hearing thereon including, but not limited to, travel expenses, mail and delivery charges, copying costs, and court reporters' fees. (4) The commissioner may by order reduce or waive the filing fee, but not the payment of the expenses and costs of the department, if the commissioner determines that the fee is excessive under the circumstances. Acts 1997, No. 89, § 1; 1999, No. 117, § 1; 2001, No. 65, § 1.

(a) (1) A state bank may adopt a plan of exchange for shares of the outstanding capital stock held by its stockholders, for the consideration designated in this section to be paid or provided by a bank holding company which acquires the stock, in the manner provided in this subchapter, by complying with the provisions of this subchapter, subject to subsections (b) and (c) of this section. (2) The plan of exchange may provide that the bank holding company, as the acquiring person, as consideration for the stock of the state bank may: (A) Transfer shares of its capital stock; (B) Transfer other securities issued by it; (C) Pay cash; (D) Pay or provide other consideration; or (E) Pay or provide any combination of the foregoing types of consideration.

(1) A state bank may adopt a plan of exchange for shares of the outstanding capital stock held by its stockholders, for the consideration designated in this section to be paid or provided by a bank holding company which acquires the stock, in the manner provided in this subchapter, by complying with the provisions of this subchapter, subject to subsections (b) and (c) of this section.

(2) The plan of exchange may provide that the bank holding company, as the acquiring person, as consideration for the stock of the state bank may: (A) Transfer shares of its capital stock; (B) Transfer other securities issued by it; (C) Pay cash; (D) Pay or provide other consideration; or (E) Pay or provide any combination of the foregoing types of consideration.

(A) Transfer shares of its capital stock;

(B) Transfer other securities issued by it;

(C) Pay cash;

(D) Pay or provide other consideration; or

(E) Pay or provide any combination of the foregoing types of consideration.

(b) No such plan of exchange shall be effectuated unless, in advance thereof, the plan has been filed with the Bank Commissioner and approved in writing by him or her after notice and a hearing thereon. The commissioner shall give approval within a reasonable time after the hearing if he or she finds that the plan: (1) Complies with the law; (2) Is fair and equitable to the stockholders of the state bank involved; (3) Provides a satisfactory means for disposing of shares of the state bank resulting from dissenting stockholders; or (4) Would not substantially reduce the security of or service to be rendered to depositors or other customers of the state bank or any affiliate bank of the state bank or the bank holding company.

(1) Complies with the law;

(2) Is fair and equitable to the stockholders of the state bank involved;

(3) Provides a satisfactory means for disposing of shares of the state bank resulting from dissenting stockholders; or

(4) Would not substantially reduce the security of or service to be rendered to depositors or other customers of the state bank or any affiliate bank of the state bank or the bank holding company.

(c) No director, officer, agent, or employee of any party to an exchange of stock shall receive any fee, commission, compensation, or other valuable consideration whatsoever for in any manner aiding, promoting, or assisting therein except as set forth in the plan of exchange.

(d) If the commissioner does not approve the plan of exchange, the commissioner shall notify the state bank in writing specifying the reasons therefor.

(e) (1) For every plan of exchange filed with the commissioner under subsection (b) of this section, there shall be paid to the State Bank Department by the state bank involved a filing fee equal to one-tenth percent (0.1%) of the paid-up capital stock of the state bank. (2) However, the fee shall in no case be less than five hundred dollars ($500) or more than one thousand dollars ($1,000). (3) In addition, the state bank shall pay all expenses and costs of the department incurred in connection with the plan of exchange and the hearing thereon including, but not limited to, travel expenses, mail and delivery charges, copying costs, and court reporters' fees. (4) The commissioner may by order reduce or waive the filing fee, but not the payment of the expenses and costs of the department, if the commissioner determines that the fee is excessive under the circumstances.

(1) For every plan of exchange filed with the commissioner under subsection (b) of this section, there shall be paid to the State Bank Department by the state bank involved a filing fee equal to one-tenth percent (0.1%) of the paid-up capital stock of the state bank.

(2) However, the fee shall in no case be less than five hundred dollars ($500) or more than one thousand dollars ($1,000).

(3) In addition, the state bank shall pay all expenses and costs of the department incurred in connection with the plan of exchange and the hearing thereon including, but not limited to, travel expenses, mail and delivery charges, copying costs, and court reporters' fees.

(4) The commissioner may by order reduce or waive the filing fee, but not the payment of the expenses and costs of the department, if the commissioner determines that the fee is excessive under the circumstances.

Acts 1997, No. 89, § 1; 1999, No. 117, § 1; 2001, No. 65, § 1.
Ark. Code Ann. § 23-112-306 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-306
[Repealed]
Status: repealed

Repealed by Act 2021, No. 504,§ 8, eff. 7/28/2021. Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 9; 2001, No. 1053, § 7.

Repealed by Act 2021, No. 504,§ 8, eff. 7/28/2021.

Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 9; 2001, No. 1053, § 7.
Ark. Code Ann. § 23-86-401 — AR Code / Title 23 / Chapter 86 / Subchapter 4 / Section 23-86-401
Title
Status: in_force

This subchapter may be cited as the "Freedom of Choice Among Health Benefit Plans Act of 1999". Acts 1999, No. 1469, § 1.

This subchapter may be cited as the "Freedom of Choice Among Health Benefit Plans Act of 1999".

Acts 1999, No. 1469, § 1.
Ark. Code Ann. § 23-37-509 — AR Code / Title 23 / Chapter 37 / Subchapter 5 / Section 23-37-509
Lien on account of borrower - Pledge of third party's account as security on loan
Status: in_force

(a) Every association operating under this chapter or any federal association shall have a lien, without further agreement or pledge, upon all savings accounts owned by any borrower, or savings accounts subject to withdrawal by any borrower, to secure the payment of any indebtedness of the borrower to the association. Upon default on any loan, the association may, without notice to or consent of the borrower, cancel on its books all or any part of those savings accounts and apply the withdrawal value of the accounts in payment of any indebtedness of the borrower to the association. (b) An association may, by written instrument, waive its lien, in whole or in part, on any savings accounts. (c) An association may take the pledge of savings accounts of the association owned by a person other than the borrower as security or additional security for any loan made or purchased by the association. Acts 1963, No. 227, § 36; A.S.A. 1947, § 67-1836.

(a) Every association operating under this chapter or any federal association shall have a lien, without further agreement or pledge, upon all savings accounts owned by any borrower, or savings accounts subject to withdrawal by any borrower, to secure the payment of any indebtedness of the borrower to the association. Upon default on any loan, the association may, without notice to or consent of the borrower, cancel on its books all or any part of those savings accounts and apply the withdrawal value of the accounts in payment of any indebtedness of the borrower to the association.

(b) An association may, by written instrument, waive its lien, in whole or in part, on any savings accounts.

(c) An association may take the pledge of savings accounts of the association owned by a person other than the borrower as security or additional security for any loan made or purchased by the association.

Acts 1963, No. 227, § 36; A.S.A. 1947, § 67-1836.
Ark. Code Ann. § 23-37-312 — AR Code / Title 23 / Chapter 37 / Subchapter 3 / Section 23-37-312
Amendment of charter and bylaws
Status: in_force

By resolution adopted by a majority vote of its members if a mutual association, or by its stockholders if a permanent stock association, at any annual meeting or special meeting called for that purpose, any association may amend its articles of incorporation or bylaws in any manner not inconsistent with the provisions of this chapter. However, before the amendments become effective, they must be filed with, and approved by, the Supervisor of Savings and Loan Associations. Acts 1963, No. 227, § 27; A.S.A. 1947, § 67-1827.

By resolution adopted by a majority vote of its members if a mutual association, or by its stockholders if a permanent stock association, at any annual meeting or special meeting called for that purpose, any association may amend its articles of incorporation or bylaws in any manner not inconsistent with the provisions of this chapter. However, before the amendments become effective, they must be filed with, and approved by, the Supervisor of Savings and Loan Associations.

Acts 1963, No. 227, § 27; A.S.A. 1947, § 67-1827.
Ark. Code Ann. § 23-115-306 — AR Code / Title 23 / Chapter 115 / Subchapter 3 / Section 23-115-306
Special salary allowances
Status: in_force

(a) With the approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the Governor may establish the salary of the Director of the Office of the Arkansas Lottery, the salary of the office's gaming director, and the salary of the office's internal auditor, that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the title. (b) With the approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the Director of the Office of the Arkansas Lottery may establish salaries that exceed the maximum pay level for the grade assigned to the title by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in § 23-115-305 . (c) Salaries established under this section above the maximum pay level for the grade assigned to the title shall be approved by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (d) (1) The requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, before granting a special salary allowance under this section is not a severable part of this section. (2) If the requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is ruled unconstitutional by a court of competent jurisdiction, this section is void. Amended by Act 2017, No. 693,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1258,§ 28, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 33; 2010, No. 265, § 27; 2010, No. 294, § 27.

(a) With the approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the Governor may establish the salary of the Director of the Office of the Arkansas Lottery, the salary of the office's gaming director, and the salary of the office's internal auditor, that is up to fifty percent (50%) above the maximum pay level for the grade assigned to the title.

(b) With the approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the Director of the Office of the Arkansas Lottery may establish salaries that exceed the maximum pay level for the grade assigned to the title by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in § 23-115-305 .

(c) Salaries established under this section above the maximum pay level for the grade assigned to the title shall be approved by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(d) (1) The requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, before granting a special salary allowance under this section is not a severable part of this section. (2) If the requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is ruled unconstitutional by a court of competent jurisdiction, this section is void.

(1) The requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, before granting a special salary allowance under this section is not a severable part of this section.

(2) If the requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is ruled unconstitutional by a court of competent jurisdiction, this section is void.

Amended by Act 2017, No. 693,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1258,§ 28, eff. 7/22/2015.

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 33; 2010, No. 265, § 27; 2010, No. 294, § 27.
Ark. Code Ann. § 23-13-105 — AR Code / Title 23 / Chapter 13 / Subchapter 1 / Section 23-13-105
Certain indemnity provisions void - Definitions
Status: in_force

(a) As used in this section: (1) "Gas" means all natural gas, including casing-head gas and all other hydrocarbons not defined as oil in this section; (2) "Motor carrier" means: (A) An individual or entity that is engaged in the transportation of property for compensation by motor vehicle; and (B) An agent, employee, servant, or independent contractor of the individual or entity described in subdivision (a)(2)(A) of this section; (3) "Motor carrier transportation contract" means an express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 20, 2015, that covers: (A) Transportation of property for compensation or hire by a motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, delivering, or transporting property for compensation or hire; or (C) Services that are incidental to an activity described in subdivision (a)(3)(A) or subdivision (a)(3)(B) of this section, including without limitation brokerage services or the storage of property; (4) "Oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir; (5) "Operator" means the person who has the right as an owner or by agreement with an owner to enter upon the lands of another for the purposes of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons; (6) "Person" means an individual, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, federal agency, or representative of any kind; and (7) "Promisee" means the promisee specified in the motor carrier transportation contract and each agent, employee, servant, and independent contractor directly responsible to the specified promisee. (b) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract to be performed all or in part in Arkansas that purports to indemnify, defend, or hold harmless, or that has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligent, reckless, intentional, malicious, willful, or wanton acts or omissions of the promisee is against the public policy of the State of Arkansas and is void and unenforceable. (c) This section does not apply to: (1) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment; (2) A contract of insurance between a motor carrier and its insurance carrier; (3) An indemnity clause entered into as part of a settlement agreement in which a motor carrier and any of its agents, employees, contractors, affiliates, assigns, and insurers are to be indemnified, defended, or otherwise held harmless as to any pending or future claim of: (A) Another party to or a third-party beneficiary of the settlement agreement; or (B) A lienholder, alleged tortfeasor, or other allegedly responsible party; or (4) (A) Except as provided in subdivision (c)(4)(B) of this section, the provision of work or services of any kind to an operator or other person directly related to activities or operations stemming from the exploration, production, processing, gathering, or movement of oil or gas, including without limitation the hauling, movement, or transportation of people, oil, gas, goods, supplies, equipment, facilities, structures, water, fluids, chemicals, waste, or other materials on or off one (1) or more sites where any exploration or production operations have been, are, or will be occurring. (B) The activities and operations described in subdivision (c)(4)(A) of this section shall not include the transportation by motor carrier of refined petroleum products for purposes unrelated to the exploration, drilling, or production of oil or gas. (d) Notwithstanding any choice-of-law provision to the contrary, the law of Arkansas relating to indemnity as embodied in this section shall apply to and govern every motor carrier transportation contract to be performed all or in part within the State of Arkansas. Added by Act 2015, No. 572,§ 1, eff. 3/20/2015.

(a) As used in this section: (1) "Gas" means all natural gas, including casing-head gas and all other hydrocarbons not defined as oil in this section; (2) "Motor carrier" means: (A) An individual or entity that is engaged in the transportation of property for compensation by motor vehicle; and (B) An agent, employee, servant, or independent contractor of the individual or entity described in subdivision (a)(2)(A) of this section; (3) "Motor carrier transportation contract" means an express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 20, 2015, that covers: (A) Transportation of property for compensation or hire by a motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, delivering, or transporting property for compensation or hire; or (C) Services that are incidental to an activity described in subdivision (a)(3)(A) or subdivision (a)(3)(B) of this section, including without limitation brokerage services or the storage of property; (4) "Oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir; (5) "Operator" means the person who has the right as an owner or by agreement with an owner to enter upon the lands of another for the purposes of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons; (6) "Person" means an individual, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, federal agency, or representative of any kind; and (7) "Promisee" means the promisee specified in the motor carrier transportation contract and each agent, employee, servant, and independent contractor directly responsible to the specified promisee.

(1) "Gas" means all natural gas, including casing-head gas and all other hydrocarbons not defined as oil in this section;

(2) "Motor carrier" means: (A) An individual or entity that is engaged in the transportation of property for compensation by motor vehicle; and (B) An agent, employee, servant, or independent contractor of the individual or entity described in subdivision (a)(2)(A) of this section;

(A) An individual or entity that is engaged in the transportation of property for compensation by motor vehicle; and

(B) An agent, employee, servant, or independent contractor of the individual or entity described in subdivision (a)(2)(A) of this section;

(3) "Motor carrier transportation contract" means an express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 20, 2015, that covers: (A) Transportation of property for compensation or hire by a motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, delivering, or transporting property for compensation or hire; or (C) Services that are incidental to an activity described in subdivision (a)(3)(A) or subdivision (a)(3)(B) of this section, including without limitation brokerage services or the storage of property;

(A) Transportation of property for compensation or hire by a motor carrier;

(B) Entrance on property by the motor carrier for the purpose of loading, unloading, delivering, or transporting property for compensation or hire; or

(C) Services that are incidental to an activity described in subdivision (a)(3)(A) or subdivision (a)(3)(B) of this section, including without limitation brokerage services or the storage of property;

(4) "Oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir;

(5) "Operator" means the person who has the right as an owner or by agreement with an owner to enter upon the lands of another for the purposes of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons;

(6) "Person" means an individual, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, federal agency, or representative of any kind; and

(7) "Promisee" means the promisee specified in the motor carrier transportation contract and each agent, employee, servant, and independent contractor directly responsible to the specified promisee.

(b) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract to be performed all or in part in Arkansas that purports to indemnify, defend, or hold harmless, or that has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligent, reckless, intentional, malicious, willful, or wanton acts or omissions of the promisee is against the public policy of the State of Arkansas and is void and unenforceable.

(c) This section does not apply to: (1) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment; (2) A contract of insurance between a motor carrier and its insurance carrier; (3) An indemnity clause entered into as part of a settlement agreement in which a motor carrier and any of its agents, employees, contractors, affiliates, assigns, and insurers are to be indemnified, defended, or otherwise held harmless as to any pending or future claim of: (A) Another party to or a third-party beneficiary of the settlement agreement; or (B) A lienholder, alleged tortfeasor, or other allegedly responsible party; or (4) (A) Except as provided in subdivision (c)(4)(B) of this section, the provision of work or services of any kind to an operator or other person directly related to activities or operations stemming from the exploration, production, processing, gathering, or movement of oil or gas, including without limitation the hauling, movement, or transportation of people, oil, gas, goods, supplies, equipment, facilities, structures, water, fluids, chemicals, waste, or other materials on or off one (1) or more sites where any exploration or production operations have been, are, or will be occurring. (B) The activities and operations described in subdivision (c)(4)(A) of this section shall not include the transportation by motor carrier of refined petroleum products for purposes unrelated to the exploration, drilling, or production of oil or gas.

(1) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment;

(2) A contract of insurance between a motor carrier and its insurance carrier;

(3) An indemnity clause entered into as part of a settlement agreement in which a motor carrier and any of its agents, employees, contractors, affiliates, assigns, and insurers are to be indemnified, defended, or otherwise held harmless as to any pending or future claim of: (A) Another party to or a third-party beneficiary of the settlement agreement; or (B) A lienholder, alleged tortfeasor, or other allegedly responsible party; or

(A) Another party to or a third-party beneficiary of the settlement agreement; or

(B) A lienholder, alleged tortfeasor, or other allegedly responsible party; or

(4) (A) Except as provided in subdivision (c)(4)(B) of this section, the provision of work or services of any kind to an operator or other person directly related to activities or operations stemming from the exploration, production, processing, gathering, or movement of oil or gas, including without limitation the hauling, movement, or transportation of people, oil, gas, goods, supplies, equipment, facilities, structures, water, fluids, chemicals, waste, or other materials on or off one (1) or more sites where any exploration or production operations have been, are, or will be occurring. (B) The activities and operations described in subdivision (c)(4)(A) of this section shall not include the transportation by motor carrier of refined petroleum products for purposes unrelated to the exploration, drilling, or production of oil or gas.

(A) Except as provided in subdivision (c)(4)(B) of this section, the provision of work or services of any kind to an operator or other person directly related to activities or operations stemming from the exploration, production, processing, gathering, or movement of oil or gas, including without limitation the hauling, movement, or transportation of people, oil, gas, goods, supplies, equipment, facilities, structures, water, fluids, chemicals, waste, or other materials on or off one (1) or more sites where any exploration or production operations have been, are, or will be occurring.

(B) The activities and operations described in subdivision (c)(4)(A) of this section shall not include the transportation by motor carrier of refined petroleum products for purposes unrelated to the exploration, drilling, or production of oil or gas.

(d) Notwithstanding any choice-of-law provision to the contrary, the law of Arkansas relating to indemnity as embodied in this section shall apply to and govern every motor carrier transportation contract to be performed all or in part within the State of Arkansas.

Added by Act 2015, No. 572,§ 1, eff. 3/20/2015.
Ark. Code Ann. § 23-60-107 — AR Code / Title 23 / Chapter 60 / Section 23-60-107
Captions and headings not to affect meaning
Status: in_force

The scope and meaning of any provision shall not be limited or otherwise affected by the caption or heading of any chapter, section, or provision. Acts 1959, No. 148, § 14; A.S.A. 1947, § 66-2014.

The scope and meaning of any provision shall not be limited or otherwise affected by the caption or heading of any chapter, section, or provision.

Acts 1959, No. 148, § 14; A.S.A. 1947, § 66-2014.
Ark. Code Ann. § 23-97-301 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-301
Short title
Status: in_force

This subchapter shall be known and may be cited as the "Long-Term Care Insurance Act of 2005". Acts 2005, No. 1697, § 31.

This subchapter shall be known and may be cited as the "Long-Term Care Insurance Act of 2005".

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-112-205 — AR Code / Title 23 / Chapter 112 / Subchapter 2 / Section 23-112-205
Disposition of funds
Status: in_force

(a) All funds received by the Arkansas Motor Vehicle Commission shall be deposited into the State Treasury as special revenues to the credit of a special fund to be known as the "Motor Vehicle Commission Fund". (b) All expenses incurred in the organization, maintenance, operation, and motor vehicle education and training of the commission shall be paid from the special fund, and the expenditure of all funds shall be subject to the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., the Arkansas Procurement Law, § 19-11-201 et seq., and other applicable fiscal laws. (c) The receipts and disbursements of the commission shall be audited annually by the Legislative Auditor. Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 2007, No. 530, § 6.

(a) All funds received by the Arkansas Motor Vehicle Commission shall be deposited into the State Treasury as special revenues to the credit of a special fund to be known as the "Motor Vehicle Commission Fund".

(b) All expenses incurred in the organization, maintenance, operation, and motor vehicle education and training of the commission shall be paid from the special fund, and the expenditure of all funds shall be subject to the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., the Arkansas Procurement Law, § 19-11-201 et seq., and other applicable fiscal laws.

(c) The receipts and disbursements of the commission shall be audited annually by the Legislative Auditor.

Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 2007, No. 530, § 6.
Ark. Code Ann. § 23-47-605 — AR Code / Title 23 / Chapter 47 / Subchapter 6 / Section 23-47-605
Community development corporations
Status: in_force

(a) As used in this section, the term "public welfare" means developing housing, fostering economic growth and revitalization, creating small businesses, including minority-owned businesses, and supporting other community development initiatives approved by the Bank Commissioner. (b) A state bank may make investments designed primarily to promote the public welfare, either directly or by purchasing interests in an entity primarily engaged in making the investments. (c) A state bank shall not make any investment if the investment would expose the bank to unlimited liability. (d) The commissioner may limit a state bank's investments in any one (1) project and a bank's aggregate investments under this section. (e) In no case shall a state bank's aggregate investments under this section exceed ten percent (10%) of the bank's capital base. Acts 1997, No. 89, § 1.

(a) As used in this section, the term "public welfare" means developing housing, fostering economic growth and revitalization, creating small businesses, including minority-owned businesses, and supporting other community development initiatives approved by the Bank Commissioner.

(b) A state bank may make investments designed primarily to promote the public welfare, either directly or by purchasing interests in an entity primarily engaged in making the investments.

(c) A state bank shall not make any investment if the investment would expose the bank to unlimited liability.

(d) The commissioner may limit a state bank's investments in any one (1) project and a bank's aggregate investments under this section.

(e) In no case shall a state bank's aggregate investments under this section exceed ten percent (10%) of the bank's capital base.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-51-151 — AR Code / Title 23 / Chapter 51 / Section 23-51-151
Merger application
Status: in_force

(a) The original articles of merger, a number of copies of the articles of merger equal to the number of surviving, new, and acquiring entities, and an application in the form required by the Bank Commissioner must be filed with the commissioner. The commissioner shall investigate the condition of the merging parties. The commissioner may require the submission of additional information as considered necessary to an informed decision. (b) The commissioner may approve the merger if: (1) Each resulting state trust company will be solvent and have adequate capitalization for its business and location; (2) Each resulting state trust company has in all respects complied with the statutes and rules relative to the organization of a state trust company; (3) All fiduciary obligations and liabilities of each state trust company that is a party to the merger have been properly discharged or otherwise lawfully assumed or retained by a state trust company or other fiduciary; (4) Each surviving, new, or acquiring person that is not authorized to engage in the trust business will not engage in the trust business and has in all respects complied with the laws of this state; and (5) All conditions imposed by the commissioner have been satisfied or otherwise resolved. Amended by Act 2019, No. 315,§ 2596, eff. 7/24/2019. Acts 1997, No. 940, § 51.

(a) The original articles of merger, a number of copies of the articles of merger equal to the number of surviving, new, and acquiring entities, and an application in the form required by the Bank Commissioner must be filed with the commissioner. The commissioner shall investigate the condition of the merging parties. The commissioner may require the submission of additional information as considered necessary to an informed decision.

(b) The commissioner may approve the merger if: (1) Each resulting state trust company will be solvent and have adequate capitalization for its business and location; (2) Each resulting state trust company has in all respects complied with the statutes and rules relative to the organization of a state trust company; (3) All fiduciary obligations and liabilities of each state trust company that is a party to the merger have been properly discharged or otherwise lawfully assumed or retained by a state trust company or other fiduciary; (4) Each surviving, new, or acquiring person that is not authorized to engage in the trust business will not engage in the trust business and has in all respects complied with the laws of this state; and (5) All conditions imposed by the commissioner have been satisfied or otherwise resolved.

(1) Each resulting state trust company will be solvent and have adequate capitalization for its business and location;

(2) Each resulting state trust company has in all respects complied with the statutes and rules relative to the organization of a state trust company;

(3) All fiduciary obligations and liabilities of each state trust company that is a party to the merger have been properly discharged or otherwise lawfully assumed or retained by a state trust company or other fiduciary;

(4) Each surviving, new, or acquiring person that is not authorized to engage in the trust business will not engage in the trust business and has in all respects complied with the laws of this state; and

(5) All conditions imposed by the commissioner have been satisfied or otherwise resolved.

Amended by Act 2019, No. 315,§ 2596, eff. 7/24/2019.

Acts 1997, No. 940, § 51.
Ark. Code Ann. § 23-51-196 — AR Code / Title 23 / Chapter 51 / Section 23-51-196
Interests in trust institutions prohibited
Status: in_force

(a) Neither the Bank Commissioner nor any employee or officer of the State Bank Department who participates in the examination of a trust institution, or who may be called upon to make an official decision or determination affecting the operation of a trust institution, shall be an officer, director, attorney, owner, or holder of stock in any state trust company, or any company which owns or controls a state trust company, or receive, directly or indirectly, any payment or gratuity from any such organizations. A person subject to this section may not borrow money from a state trust company. (b) A person subject to this section may: (1) Be a depositor in any trust institution that the department regulates; and (2) Purchase trust or fiduciary services, other than credit services, under rates and terms generally available to other customers of the trust institution. Acts 1997, No. 940, § 96.

(a) Neither the Bank Commissioner nor any employee or officer of the State Bank Department who participates in the examination of a trust institution, or who may be called upon to make an official decision or determination affecting the operation of a trust institution, shall be an officer, director, attorney, owner, or holder of stock in any state trust company, or any company which owns or controls a state trust company, or receive, directly or indirectly, any payment or gratuity from any such organizations. A person subject to this section may not borrow money from a state trust company.

(b) A person subject to this section may: (1) Be a depositor in any trust institution that the department regulates; and (2) Purchase trust or fiduciary services, other than credit services, under rates and terms generally available to other customers of the trust institution.

(1) Be a depositor in any trust institution that the department regulates; and

(2) Purchase trust or fiduciary services, other than credit services, under rates and terms generally available to other customers of the trust institution.

Acts 1997, No. 940, § 96.
Ark. Code Ann. § 23-14-125 — AR Code / Title 23 / Chapter 14 / Section 23-14-125
Accounts, records, and reports
Status: in_force

(a) The Arkansas Department of Transportation is empowered to require annual and other periodic reports from any common carrier by aircraft covering any or all operations or business. (b) The department may also require any common carrier by aircraft to file with it a true copy of each or any contract, agreement, understanding, or arrangement between the carrier and any other carrier or person in relation to any traffic affected by the provisions of this chapter. (c) The department shall prescribe the forms of any and all accounts, records, and memoranda to be kept by common carriers by aircraft, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of money. Amended by Act 2017, No. 707,§ 253, eff. 8/1/2017. Acts 1945, No. 252, § 16; A.S.A. 1947, § 74-417.

(a) The Arkansas Department of Transportation is empowered to require annual and other periodic reports from any common carrier by aircraft covering any or all operations or business.

(b) The department may also require any common carrier by aircraft to file with it a true copy of each or any contract, agreement, understanding, or arrangement between the carrier and any other carrier or person in relation to any traffic affected by the provisions of this chapter.

(c) The department shall prescribe the forms of any and all accounts, records, and memoranda to be kept by common carriers by aircraft, including the accounts, records, and memoranda of the movement of traffic, as well as of the receipts and expenditures of money.

Amended by Act 2017, No. 707,§ 253, eff. 8/1/2017.

Acts 1945, No. 252, § 16; A.S.A. 1947, § 74-417.
Ark. Code Ann. § 23-63-1306 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1306
Authorized control level event
Status: in_force

(a) As used in this subchapter, "authorized control level event" means any of the following events: (1) The filing of an RBC report by the insurer that shows the insurer's total adjusted capital is more than or equal to its mandatory control level RBC but less than its authorized control level RBC; (2) The notification by the Insurance Commissioner to the insurer of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section if the insurer does not challenge the adjusted RBC report under § 23-63-1308 ; (3) If under § 23-63-1308 the insurer challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; (4) The failure of the insurer to respond in a way satisfactory to the commissioner to a corrective order if the insurer has not challenged the corrective order under § 23-63-1308 ; or (5) If the insurer has challenged a corrective order under § 23-63-1308 and the commissioner, after a hearing, has rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a way satisfactory to the commissioner, to the corrective order after rejection or modification by the commissioner. (b) In the event of an authorized control level event with respect to an insurer, the commissioner shall: (1) Take the actions required under § 23-63-1305 regarding an insurer with respect to which a regulatory action level event has occurred; or (2) If the commissioner considers it to be in the best interests of the policyholders and creditors of the insurer and of the public, take the actions necessary to cause the insurer to be placed under regulatory control under § 23-68-101 et seq. In the event the commissioner takes the actions, the authorized control level event is sufficient grounds for the commissioner to take action under § 23-68-101 et seq., and the commissioner shall have the rights, powers, and duties with respect to the insurer as stated in § 23-68-101 et seq. If the commissioner takes action under this section under an adjusted RBC report, the insurer is entitled to the protections provided to insurers under § 23-68-101 et seq. pertaining to summary proceedings. Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

(a) As used in this subchapter, "authorized control level event" means any of the following events: (1) The filing of an RBC report by the insurer that shows the insurer's total adjusted capital is more than or equal to its mandatory control level RBC but less than its authorized control level RBC; (2) The notification by the Insurance Commissioner to the insurer of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section if the insurer does not challenge the adjusted RBC report under § 23-63-1308 ; (3) If under § 23-63-1308 the insurer challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; (4) The failure of the insurer to respond in a way satisfactory to the commissioner to a corrective order if the insurer has not challenged the corrective order under § 23-63-1308 ; or (5) If the insurer has challenged a corrective order under § 23-63-1308 and the commissioner, after a hearing, has rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a way satisfactory to the commissioner, to the corrective order after rejection or modification by the commissioner.

(1) The filing of an RBC report by the insurer that shows the insurer's total adjusted capital is more than or equal to its mandatory control level RBC but less than its authorized control level RBC;

(2) The notification by the Insurance Commissioner to the insurer of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section if the insurer does not challenge the adjusted RBC report under § 23-63-1308 ;

(3) If under § 23-63-1308 the insurer challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge;

(4) The failure of the insurer to respond in a way satisfactory to the commissioner to a corrective order if the insurer has not challenged the corrective order under § 23-63-1308 ; or

(5) If the insurer has challenged a corrective order under § 23-63-1308 and the commissioner, after a hearing, has rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a way satisfactory to the commissioner, to the corrective order after rejection or modification by the commissioner.

(b) In the event of an authorized control level event with respect to an insurer, the commissioner shall: (1) Take the actions required under § 23-63-1305 regarding an insurer with respect to which a regulatory action level event has occurred; or (2) If the commissioner considers it to be in the best interests of the policyholders and creditors of the insurer and of the public, take the actions necessary to cause the insurer to be placed under regulatory control under § 23-68-101 et seq. In the event the commissioner takes the actions, the authorized control level event is sufficient grounds for the commissioner to take action under § 23-68-101 et seq., and the commissioner shall have the rights, powers, and duties with respect to the insurer as stated in § 23-68-101 et seq. If the commissioner takes action under this section under an adjusted RBC report, the insurer is entitled to the protections provided to insurers under § 23-68-101 et seq. pertaining to summary proceedings.

(1) Take the actions required under § 23-63-1305 regarding an insurer with respect to which a regulatory action level event has occurred; or

(2) If the commissioner considers it to be in the best interests of the policyholders and creditors of the insurer and of the public, take the actions necessary to cause the insurer to be placed under regulatory control under § 23-68-101 et seq. In the event the commissioner takes the actions, the authorized control level event is sufficient grounds for the commissioner to take action under § 23-68-101 et seq., and the commissioner shall have the rights, powers, and duties with respect to the insurer as stated in § 23-68-101 et seq. If the commissioner takes action under this section under an adjusted RBC report, the insurer is entitled to the protections provided to insurers under § 23-68-101 et seq. pertaining to summary proceedings.

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-89-214 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-214
Motor vehicle liability insurance - Prohibition regarding step-downs
Status: in_force

No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by a driver other than the insured. Acts 2001, No. 1438, § 2.

No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by a driver other than the insured.

Acts 2001, No. 1438, § 2.
Ark. Code Ann. § 23-4-632 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-632
Surcharge to collect excessive refunds
Status: in_force

In the event that the amount of refunds ordered by the Arkansas Department of Transportation in its final order is subsequently determined to have been excessive, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to the order shall be entitled to impose an additional surcharge on the affected customers to recover that portion of the refunds to which it was entitled, together with interest as determined by the department at a rate not to exceed the maximum interest rate otherwise allowed by law. The surcharge shall be assessed over a period equal to the period between the date the rates were implemented under bond and the date of the department's final order. The surcharge shall be distributed among the affected customers in proportion to the amount of refunds those customers received. Amended by Act 2017, No. 707,§ 129, eff. 8/1/2017. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

In the event that the amount of refunds ordered by the Arkansas Department of Transportation in its final order is subsequently determined to have been excessive, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to the order shall be entitled to impose an additional surcharge on the affected customers to recover that portion of the refunds to which it was entitled, together with interest as determined by the department at a rate not to exceed the maximum interest rate otherwise allowed by law. The surcharge shall be assessed over a period equal to the period between the date the rates were implemented under bond and the date of the department's final order. The surcharge shall be distributed among the affected customers in proportion to the amount of refunds those customers received.

Amended by Act 2017, No. 707,§ 129, eff. 8/1/2017.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-17-401 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Telecommunications Regulatory Reform Act of 2013". Amended by Act 2013, No. 442,§ 1, eff. 3/19/2013. Acts 1997, No. 77, § 1.

This subchapter shall be known and may be cited as the "Telecommunications Regulatory Reform Act of 2013".

Amended by Act 2013, No. 442,§ 1, eff. 3/19/2013.

Acts 1997, No. 77, § 1.
Ark. Code Ann. § 23-3-310 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-310
Grounds for disapproval
Status: in_force

The Arkansas Public Service Commission shall approve any merger or other acquisition of control referred to in § 23-3-306 unless, after a public hearing thereon, it finds that one (1) or more of the following conditions will exist if the merger or other acquisition of control is consummated, in which event it shall disapprove the merger or acquisition of control and the merger or acquisition of control shall not be consummated: (1) The acquisition of control would adversely affect the contractual obligations of the domestic public utility or of any person controlling the domestic public utility or the ability or commitment to continue to render the same level of service to its customers that the domestic public utility is currently rendering; (2) The effect of the merger or other acquisition of control would be substantially to lessen competition in the furnishing of public utility service in this state; (3) The financial condition of any acquiring party is such as might jeopardize the financial stability of the domestic public utility or any person controlling the domestic public utility or would otherwise prejudice the interest of the domestic public utility's customers; (4) The plans or proposals which an acquiring party has to liquidate the public utility or any such controlling person, to sell its assets or a substantial part thereof, or to consolidate or merge it with any person, or to make any other material change in its investment policy, business or corporate structure, or management would be detrimental to the customers of the domestic public utility and not in the public interest; or (5) The competence, experience, and integrity of those persons who would control the operation of the domestic public utility are such that it would not be in the interest of its customers and the public to permit the merger or other acquisition of control. Acts 1985, No. 343, § 5; A.S.A. 1947, § 73-142.5.

The Arkansas Public Service Commission shall approve any merger or other acquisition of control referred to in § 23-3-306 unless, after a public hearing thereon, it finds that one (1) or more of the following conditions will exist if the merger or other acquisition of control is consummated, in which event it shall disapprove the merger or acquisition of control and the merger or acquisition of control shall not be consummated:

(1) The acquisition of control would adversely affect the contractual obligations of the domestic public utility or of any person controlling the domestic public utility or the ability or commitment to continue to render the same level of service to its customers that the domestic public utility is currently rendering;

(2) The effect of the merger or other acquisition of control would be substantially to lessen competition in the furnishing of public utility service in this state;

(3) The financial condition of any acquiring party is such as might jeopardize the financial stability of the domestic public utility or any person controlling the domestic public utility or would otherwise prejudice the interest of the domestic public utility's customers;

(4) The plans or proposals which an acquiring party has to liquidate the public utility or any such controlling person, to sell its assets or a substantial part thereof, or to consolidate or merge it with any person, or to make any other material change in its investment policy, business or corporate structure, or management would be detrimental to the customers of the domestic public utility and not in the public interest; or

(5) The competence, experience, and integrity of those persons who would control the operation of the domestic public utility are such that it would not be in the interest of its customers and the public to permit the merger or other acquisition of control.

Acts 1985, No. 343, § 5; A.S.A. 1947, § 73-142.5.
Ark. Code Ann. § 23-12-603 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-603
Department may require passenger trains to stop at all stations - Exception
Status: in_force

(a) The Arkansas Department of Transportation is empowered to require every company or person operating a railroad in Arkansas which runs and operates passenger trains to stop one (1) of its passenger trains each way every day at all regular stations where tickets are sold whether the station is a flag station or not. (b) However, if the department after a hearing finds that adequate service for the carriage of passengers, mail, baggage, express, and newspapers between stations is or will be furnished and rendered daily by motor-propelled vehicles on highways, it shall have the power to authorize the railroad company to discontinue stopping the trains at stations. Amended by Act 2017, No. 707,§ 175, eff. 8/1/2017. Acts 1941, No. 297, § 1; A.S.A. 1947, § 73-807.

(a) The Arkansas Department of Transportation is empowered to require every company or person operating a railroad in Arkansas which runs and operates passenger trains to stop one (1) of its passenger trains each way every day at all regular stations where tickets are sold whether the station is a flag station or not.

(b) However, if the department after a hearing finds that adequate service for the carriage of passengers, mail, baggage, express, and newspapers between stations is or will be furnished and rendered daily by motor-propelled vehicles on highways, it shall have the power to authorize the railroad company to discontinue stopping the trains at stations.

Amended by Act 2017, No. 707,§ 175, eff. 8/1/2017.

Acts 1941, No. 297, § 1; A.S.A. 1947, § 73-807.
Ark. Code Ann. § 23-89-503 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-503
Exemptions
Status: in_force

The following amusement rides or amusement attractions are exempt from the provisions of this subchapter: (1) Nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, swinging gates, and physical fitness devices except when an admission fee is charged for usage or an admission fee is charged to immediate areas where the equipment is located; (2) An amusement ride or amusement attraction which is owned and operated by a nonprofit religious, educational, or charitable institution or association, or a fair if the ride or attraction is subject to inspection by the State Fire Marshal or by any political subdivision of the state under its building, fire, electrical, and related public safety ordinances; (3) Coin-operated amusement rides or amusement attractions located on the premises of retail business establishments; and (4) An amusement ride or amusement attraction which is owned and operated by the State of Arkansas or any political subdivision thereof. Acts 1983, No. 837, § 5; A.S.A. 1947, § 66-5905.

The following amusement rides or amusement attractions are exempt from the provisions of this subchapter:

(1) Nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, swinging gates, and physical fitness devices except when an admission fee is charged for usage or an admission fee is charged to immediate areas where the equipment is located;

(2) An amusement ride or amusement attraction which is owned and operated by a nonprofit religious, educational, or charitable institution or association, or a fair if the ride or attraction is subject to inspection by the State Fire Marshal or by any political subdivision of the state under its building, fire, electrical, and related public safety ordinances;

(3) Coin-operated amusement rides or amusement attractions located on the premises of retail business establishments; and

(4) An amusement ride or amusement attraction which is owned and operated by the State of Arkansas or any political subdivision thereof.

Acts 1983, No. 837, § 5; A.S.A. 1947, § 66-5905.
Ark. Code Ann. § 23-32-210 — AR Code / Title 23 / Chapter 32 / Subchapter 2 / Section 23-32-210
Request for stop payment on electronic funds transfer
Status: in_force

(a) Any financial institution doing business in this state shall stop payment of any electronic funds transfer from a customer's account upon receipt, at least three (3) business days prior to the scheduled transfer, of a written stop-payment order from the customer or any person authorized to draw upon the account describing the transfer with reasonable certainty. (b) If the written stop-payment order purports to stop all future electronic funds transfers to a particular payee, then the financial institution may require the customer to provide written confirmation that the payee has been informed of the revocation of authority within fourteen (14) days of the delivery of the stop-payment order. In the event the customer fails to provide the confirmation, if required by the financial institution, then the stop-payment order shall cease to be effective at the end of the fourteen-day confirmation period. (c) (1) For the purposes of this section, "electronic funds transfer" means any transaction in which funds are transferred from a customer's account to a third-party payee primarily for personal, family, or household purposes. (2) "Electronic funds transfers" may include automated clearing house debits, wire transfers through the Federal Reserve System or any private network, or other paperless, electronic methods of funds transfer, regardless of whether the transaction is initiated by the customer or the payee. Acts 2001, No. 1723, § 1.

(a) Any financial institution doing business in this state shall stop payment of any electronic funds transfer from a customer's account upon receipt, at least three (3) business days prior to the scheduled transfer, of a written stop-payment order from the customer or any person authorized to draw upon the account describing the transfer with reasonable certainty.

(b) If the written stop-payment order purports to stop all future electronic funds transfers to a particular payee, then the financial institution may require the customer to provide written confirmation that the payee has been informed of the revocation of authority within fourteen (14) days of the delivery of the stop-payment order. In the event the customer fails to provide the confirmation, if required by the financial institution, then the stop-payment order shall cease to be effective at the end of the fourteen-day confirmation period.

(c) (1) For the purposes of this section, "electronic funds transfer" means any transaction in which funds are transferred from a customer's account to a third-party payee primarily for personal, family, or household purposes. (2) "Electronic funds transfers" may include automated clearing house debits, wire transfers through the Federal Reserve System or any private network, or other paperless, electronic methods of funds transfer, regardless of whether the transaction is initiated by the customer or the payee.

(1) For the purposes of this section, "electronic funds transfer" means any transaction in which funds are transferred from a customer's account to a third-party payee primarily for personal, family, or household purposes.

(2) "Electronic funds transfers" may include automated clearing house debits, wire transfers through the Federal Reserve System or any private network, or other paperless, electronic methods of funds transfer, regardless of whether the transaction is initiated by the customer or the payee.

Acts 2001, No. 1723, § 1.
Ark. Code Ann. § 23-48-1008 — AR Code / Title 23 / Chapter 48 / Subchapter 10 / Section 23-48-1008
Withdrawal of out-of-state bank
Status: in_force

(a) A registered out-of-state bank may not withdraw from this state until it obtains a certificate of withdrawal from the Bank Commissioner. (b) A registered out-of-state bank may apply for a certificate of withdrawal by delivering an application to the commissioner for filing. The application must set forth: (1) The name of the out-of-state bank and the name of the state or country under whose law it is chartered; (2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state; (3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the commissioner as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state; (4) A mailing address to which the commissioner may mail a copy of any process served on him or her under subdivision (b)(3) of this section; and (5) A commitment to notify the commissioner in the future of any change in its mailing address for a period of time to be determined by the commissioner. (c) After the withdrawal of the bank is effective, service of process on the commissioner under this section is service on the out-of-state bank. Upon receipt of process, the commissioner shall mail a copy of the process to the out-of-state bank at the mailing address set forth under subsection (b) of this section. Acts 1997, No. 408, § 20.

(a) A registered out-of-state bank may not withdraw from this state until it obtains a certificate of withdrawal from the Bank Commissioner.

(b) A registered out-of-state bank may apply for a certificate of withdrawal by delivering an application to the commissioner for filing. The application must set forth: (1) The name of the out-of-state bank and the name of the state or country under whose law it is chartered; (2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state; (3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the commissioner as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state; (4) A mailing address to which the commissioner may mail a copy of any process served on him or her under subdivision (b)(3) of this section; and (5) A commitment to notify the commissioner in the future of any change in its mailing address for a period of time to be determined by the commissioner.

(1) The name of the out-of-state bank and the name of the state or country under whose law it is chartered;

(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;

(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the commissioner as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;

(4) A mailing address to which the commissioner may mail a copy of any process served on him or her under subdivision (b)(3) of this section; and

(5) A commitment to notify the commissioner in the future of any change in its mailing address for a period of time to be determined by the commissioner.

(c) After the withdrawal of the bank is effective, service of process on the commissioner under this section is service on the out-of-state bank. Upon receipt of process, the commissioner shall mail a copy of the process to the out-of-state bank at the mailing address set forth under subsection (b) of this section.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-70-119 — AR Code / Title 23 / Chapter 70 / Section 23-70-119
Aggregate liability
Status: in_force

No one (1) policy or subscriber as to the policy shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one (1) calendar year in excess of the amount provided for in the power of attorney or in the subscribers' agreement, computed solely upon premium earned on the policy during that year. Acts 1959, No. 148, § 534; A.S.A. 1947, § 66-4325.

No one (1) policy or subscriber as to the policy shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one (1) calendar year in excess of the amount provided for in the power of attorney or in the subscribers' agreement, computed solely upon premium earned on the policy during that year.

Acts 1959, No. 148, § 534; A.S.A. 1947, § 66-4325.
Ark. Code Ann. § 23-78-119 — AR Code / Title 23 / Chapter 78 / Section 23-78-119
Records - Failure to maintain
Status: in_force

(a) A burial association secretary or secretary-treasurer who fails to maintain records to the minimum standards required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall be removed by the board from office and another elected by the association in his or her stead. (b) The election shall be immediately upon notice of the removal. Amended by Act 2017, No. 788,§ 82, eff. 7/1/2018. Acts 1953, No. 91, § 20; A.S.A. 1947, § 66-1820.

(a) A burial association secretary or secretary-treasurer who fails to maintain records to the minimum standards required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall be removed by the board from office and another elected by the association in his or her stead.

(b) The election shall be immediately upon notice of the removal.

Amended by Act 2017, No. 788,§ 82, eff. 7/1/2018.

Acts 1953, No. 91, § 20; A.S.A. 1947, § 66-1820.
Ark. Code Ann. § 23-91-211 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-211
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 5; A.S.A. 1947, § 66-5405.

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023.

Acts 1977, No. 368, § 5; A.S.A. 1947, § 66-5405.
Ark. Code Ann. § 23-11-208 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-208
Characteristics and powers generally of corporation
Status: in_force

When the charter and articles of incorporation shall have been filed as provided in §§ 23-11-205 and 23-11-207 , the persons who shall have signed and acknowledged the articles of incorporation and their successors shall be a body politic and corporate by the name stated in the articles, and the corporation: (1) Shall be capable of suing and being sued; (2) May have a seal; (3) Shall be capable in law of purchasing, holding, and conveying any real estate and personal property whatever which may be necessary or desirable for the business of the corporation, for the construction, maintenance, or acquisition of a railroad, and for the erection of all necessary buildings, yards, and appurtenances for the use of the railroad; and (4) May receive, hold, enjoy, and convey any lands or interest in lands that may be given, granted, or donated to it. Acts 1959, No. 30, § 6; A.S.A. 1947, § 73-308.3.

When the charter and articles of incorporation shall have been filed as provided in §§ 23-11-205 and 23-11-207 , the persons who shall have signed and acknowledged the articles of incorporation and their successors shall be a body politic and corporate by the name stated in the articles, and the corporation:

(1) Shall be capable of suing and being sued;

(2) May have a seal;

(3) Shall be capable in law of purchasing, holding, and conveying any real estate and personal property whatever which may be necessary or desirable for the business of the corporation, for the construction, maintenance, or acquisition of a railroad, and for the erection of all necessary buildings, yards, and appurtenances for the use of the railroad; and

(4) May receive, hold, enjoy, and convey any lands or interest in lands that may be given, granted, or donated to it.

Acts 1959, No. 30, § 6; A.S.A. 1947, § 73-308.3.
Ark. Code Ann. § 23-78-115 — AR Code / Title 23 / Chapter 78 / Section 23-78-115
Rules and bylaws
Status: in_force

All burial associations shall have and maintain rules and bylaws in such form and with such contents as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. Amended by Act 2017, No. 788,§ 78, eff. 7/1/2018. Acts 1953, No. 91, § 9; A.S.A. 1947, § 66-1809.

All burial associations shall have and maintain rules and bylaws in such form and with such contents as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

Amended by Act 2017, No. 788,§ 78, eff. 7/1/2018.

Acts 1953, No. 91, § 9; A.S.A. 1947, § 66-1809.
Ark. Code Ann. § 23-51-172 — AR Code / Title 23 / Chapter 51 / Section 23-51-172
State trust company principal office
Status: in_force

(a) Each state trust company must have and continuously maintain a principal office in this state. (b) Each executive officer at the principal office is an agent of the state trust company for service of process. (c) A state trust company may change its principal office to any location within this state by filing a written notice with the Bank Commissioner setting forth the name of the state trust company, the street address of its principal office before the change, the street address to which the principal office is to be changed, and a copy of the resolution adopted by the board authorizing the change. (d) The change of principal office shall take effect thirty (30) days after the date the commissioner receives the notice pursuant to subsection (c) of this section, unless the commissioner establishes another date or unless prior to that day the commissioner notifies the state trust company that it must establish to the satisfaction of the commissioner that the relocation is consistent with the original determination made under § 23-51-106(b) for the establishment of a state trust company at that location, in which event the change of principal office shall take effect when approved by the commissioner. Acts 1997, No. 940, § 72.

(a) Each state trust company must have and continuously maintain a principal office in this state.

(b) Each executive officer at the principal office is an agent of the state trust company for service of process.

(c) A state trust company may change its principal office to any location within this state by filing a written notice with the Bank Commissioner setting forth the name of the state trust company, the street address of its principal office before the change, the street address to which the principal office is to be changed, and a copy of the resolution adopted by the board authorizing the change.

(d) The change of principal office shall take effect thirty (30) days after the date the commissioner receives the notice pursuant to subsection (c) of this section, unless the commissioner establishes another date or unless prior to that day the commissioner notifies the state trust company that it must establish to the satisfaction of the commissioner that the relocation is consistent with the original determination made under § 23-51-106(b) for the establishment of a state trust company at that location, in which event the change of principal office shall take effect when approved by the commissioner.

Acts 1997, No. 940, § 72.
Ark. Code Ann. § 23-69-208 — AR Code / Title 23 / Chapter 69 / Subchapter 2 / Section 23-69-208
Rules
Status: in_force

(a) The Insurance Commissioner shall have the power to make such rules as may be necessary for the execution of the functions vested in him or her by this subchapter and for such purpose may classify domestic stock insurance companies, securities, and other persons or matters within his or her jurisdiction. (b) No provision of this subchapter imposing any liability shall apply to any act done or omitted, in good faith, in conformity with any rule of the commissioner, notwithstanding that the rule, after the act or omission, may be amended or rescinded or determined by judicial or other authority to be invalid for any reason. Amended by Act 2019, No. 315,§ 2690, eff. 7/24/2019. Acts 1965, No. 107, § 8; A.S.A. 1947, § 66-4265.

(a) The Insurance Commissioner shall have the power to make such rules as may be necessary for the execution of the functions vested in him or her by this subchapter and for such purpose may classify domestic stock insurance companies, securities, and other persons or matters within his or her jurisdiction.

(b) No provision of this subchapter imposing any liability shall apply to any act done or omitted, in good faith, in conformity with any rule of the commissioner, notwithstanding that the rule, after the act or omission, may be amended or rescinded or determined by judicial or other authority to be invalid for any reason.

Amended by Act 2019, No. 315,§ 2690, eff. 7/24/2019.

Acts 1965, No. 107, § 8; A.S.A. 1947, § 66-4265.
Ark. Code Ann. § 23-63-828 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-828
Real estate
Status: in_force

An insurer may invest in real estate only if used for the purposes or acquired in the manner and within the limits as follows: (1) The land and the buildings thereon in which it has its principal office and such other real estate as shall be requisite for its convenient accommodation in the transaction of its business. Except with the consent of the Insurance Commissioner, all the investments shall not aggregate more than ten percent (10%) of the insurer's assets; (2) Real estate acquired in satisfaction of loans, mortgages, liens, judgments, decrees, or debts previously owing to the insurer in the course of business; (3) Real estate acquired in part payment of the consideration on the sale of other real estate owned by it, if the transaction shall have effected a net reduction in the insurer's investment in real estate; (4) Real estate acquired by gift or devise, or through merger, consolidation, or bulk reinsurance of another insurer under this code; (5) The seller's interest in real property subject to an agreement of purchase or sale, but the sum invested in any parcel of real estate shall not exceed two-thirds (2/3) of the market value of the parcel; (6) Real estate, or any interest therein acquired or held by purchase, lease, or otherwise, as an investment for the production of income, or acquired to be improved or developed for investment purposes pursuant to an existing program therefor. The insurer may hold, improve, develop, maintain, manage, lease, sell, and convey real estate acquired by it under this provision. An insurer shall not have invested at any one (1) time an amount exceeding ten percent (10%) of its assets in real estate under this subdivision (6), except with the commissioner's consent; (7) Additional real estate, and equipment incidental to real estate, if necessary or convenient for the purpose of enhancing the sale or other value of real estate previously acquired or held by the insurer under subdivision (2), subdivision (3), subdivision (4), or subdivision (6) of this section. The real estate and equipment shall be included, together with the real estate for the enhancement of which it was acquired, for the purpose of applicable investment limits, and shall be subject to disposal at the same time and under the same conditions as apply to enhanced real estate under § 23-63-819 ; (8) Investments made under this section may be effected by acquisition or by agreement to acquire, in the form of a guaranty, credit draw arrangement, or other like form; and (9) Except with the commissioner's consent, all real estate owned by the insurer under this section, except as to the seller's interest specified in subdivision (5) of this section, shall not at any one (1) time exceed twenty percent (20%) of the insurer's assets. Acts 1959, No. 148, § 124; 1983, No. 800, § 2; A.S.A. 1947, § 66-2628.

An insurer may invest in real estate only if used for the purposes or acquired in the manner and within the limits as follows:

(1) The land and the buildings thereon in which it has its principal office and such other real estate as shall be requisite for its convenient accommodation in the transaction of its business. Except with the consent of the Insurance Commissioner, all the investments shall not aggregate more than ten percent (10%) of the insurer's assets;

(2) Real estate acquired in satisfaction of loans, mortgages, liens, judgments, decrees, or debts previously owing to the insurer in the course of business;

(3) Real estate acquired in part payment of the consideration on the sale of other real estate owned by it, if the transaction shall have effected a net reduction in the insurer's investment in real estate;

(4) Real estate acquired by gift or devise, or through merger, consolidation, or bulk reinsurance of another insurer under this code;

(5) The seller's interest in real property subject to an agreement of purchase or sale, but the sum invested in any parcel of real estate shall not exceed two-thirds (2/3) of the market value of the parcel;

(6) Real estate, or any interest therein acquired or held by purchase, lease, or otherwise, as an investment for the production of income, or acquired to be improved or developed for investment purposes pursuant to an existing program therefor. The insurer may hold, improve, develop, maintain, manage, lease, sell, and convey real estate acquired by it under this provision. An insurer shall not have invested at any one (1) time an amount exceeding ten percent (10%) of its assets in real estate under this subdivision (6), except with the commissioner's consent;

(7) Additional real estate, and equipment incidental to real estate, if necessary or convenient for the purpose of enhancing the sale or other value of real estate previously acquired or held by the insurer under subdivision (2), subdivision (3), subdivision (4), or subdivision (6) of this section. The real estate and equipment shall be included, together with the real estate for the enhancement of which it was acquired, for the purpose of applicable investment limits, and shall be subject to disposal at the same time and under the same conditions as apply to enhanced real estate under § 23-63-819 ;

(8) Investments made under this section may be effected by acquisition or by agreement to acquire, in the form of a guaranty, credit draw arrangement, or other like form; and

(9) Except with the commissioner's consent, all real estate owned by the insurer under this section, except as to the seller's interest specified in subdivision (5) of this section, shall not at any one (1) time exceed twenty percent (20%) of the insurer's assets.

Acts 1959, No. 148, § 124; 1983, No. 800, § 2; A.S.A. 1947, § 66-2628.
Ark. Code Ann. § 23-79-2003 — AR Code / Title 23 / Chapter 79 / Subchapter 20 / Section 23-79-2003
Identification cards
Status: in_force

A healthcare payor shall issue an identification card to a member that provides an indication of whether the health benefit plan is insured, self-funded, or short-term, limited duration insurance. Amended by Act 2023, No. 500,§ 3, eff. 8/1/2023. Added by Act 2019, No. 706,§ 1, eff. 4/4/2019.

A healthcare payor shall issue an identification card to a member that provides an indication of whether the health benefit plan is insured, self-funded, or short-term, limited duration insurance.

Amended by Act 2023, No. 500,§ 3, eff. 8/1/2023.

Added by Act 2019, No. 706,§ 1, eff. 4/4/2019.
Ark. Code Ann. § 23-83-117 — AR Code / Title 23 / Chapter 83 / Section 23-83-117
Conversion on termination of eligibility provision
Status: in_force

Excluding an annuity policy, a group policy shall contain a provision that if the insurance or any portion of it on a person covered under the policy or on the dependent of a person covered ceases because of termination of employment or of membership in the classes eligible for coverage under the policy, the persons shall be entitled to have issued to them by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits. However, an application for the individual policy shall be made by the person covered under the policy or the dependent of the covered person and the first premium paid to the insurer within thirty-one (31) days after the termination, and in addition: (1) At the option of the persons, the individual policy shall be on any one (1) of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance; (2) (A) The individual policy shall be in an amount not in excess of the amount of life insurance that ceases because of the termination, less the amount of any life insurance for which the person becomes eligible under the same or any other group policy within thirty-one (31) days after the termination. (B) However, any amount of insurance that shall have matured on or before the date of the termination as an endowment payable to the person insured, whether in one (1) sum or in installments or in the form of an annuity, shall not be included, for the purposes of this provision, in the amount that is considered to cease because of the termination; (3) The premium on the individual policy shall be at the insurer's then-customary rate applicable to the form and amount of the individual policy, to the class of risk to which the person then belongs, and to his or her age attained on the effective date of the individual policy; and (4) Subject to the same conditions set forth above, the conversion privilege shall be available: (A) To a surviving covered dependent, if any, at the death of the covered person, with respect to the coverage under the group policy that terminates by reason of the death; and (B) To the covered dependent of the person upon termination of coverage of the dependent, while the covered person remains insured under the group policy, by reason of the dependent's ceasing to be a qualified family member under the group policy. Acts 1981, No. 898, § 17; A.S.A. 1947, § 66-3517; Acts 2001, No. 1382, § 12.

Excluding an annuity policy, a group policy shall contain a provision that if the insurance or any portion of it on a person covered under the policy or on the dependent of a person covered ceases because of termination of employment or of membership in the classes eligible for coverage under the policy, the persons shall be entitled to have issued to them by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits. However, an application for the individual policy shall be made by the person covered under the policy or the dependent of the covered person and the first premium paid to the insurer within thirty-one (31) days after the termination, and in addition:

(1) At the option of the persons, the individual policy shall be on any one (1) of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance;

(2) (A) The individual policy shall be in an amount not in excess of the amount of life insurance that ceases because of the termination, less the amount of any life insurance for which the person becomes eligible under the same or any other group policy within thirty-one (31) days after the termination. (B) However, any amount of insurance that shall have matured on or before the date of the termination as an endowment payable to the person insured, whether in one (1) sum or in installments or in the form of an annuity, shall not be included, for the purposes of this provision, in the amount that is considered to cease because of the termination;

(A) The individual policy shall be in an amount not in excess of the amount of life insurance that ceases because of the termination, less the amount of any life insurance for which the person becomes eligible under the same or any other group policy within thirty-one (31) days after the termination.

(B) However, any amount of insurance that shall have matured on or before the date of the termination as an endowment payable to the person insured, whether in one (1) sum or in installments or in the form of an annuity, shall not be included, for the purposes of this provision, in the amount that is considered to cease because of the termination;

(3) The premium on the individual policy shall be at the insurer's then-customary rate applicable to the form and amount of the individual policy, to the class of risk to which the person then belongs, and to his or her age attained on the effective date of the individual policy; and

(4) Subject to the same conditions set forth above, the conversion privilege shall be available: (A) To a surviving covered dependent, if any, at the death of the covered person, with respect to the coverage under the group policy that terminates by reason of the death; and (B) To the covered dependent of the person upon termination of coverage of the dependent, while the covered person remains insured under the group policy, by reason of the dependent's ceasing to be a qualified family member under the group policy.

(A) To a surviving covered dependent, if any, at the death of the covered person, with respect to the coverage under the group policy that terminates by reason of the death; and

(B) To the covered dependent of the person upon termination of coverage of the dependent, while the covered person remains insured under the group policy, by reason of the dependent's ceasing to be a qualified family member under the group policy.

Acts 1981, No. 898, § 17; A.S.A. 1947, § 66-3517; Acts 2001, No. 1382, § 12.
Ark. Code Ann. § 23-51-153 — AR Code / Title 23 / Chapter 51 / Section 23-51-153
Rights of dissenters to mergers
Status: in_force

A shareholder may dissent from the merger to the extent and by following the procedure provided by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., or rules adopted under this chapter. Amended by Act 2019, No. 315,§ 2597, eff. 7/24/2019. Acts 1997, No. 940, § 53.

A shareholder may dissent from the merger to the extent and by following the procedure provided by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., or rules adopted under this chapter.

Amended by Act 2019, No. 315,§ 2597, eff. 7/24/2019.

Acts 1997, No. 940, § 53.
Ark. Code Ann. § 23-99-202 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-202
Legislative findings and intent
Status: in_force

The General Assembly finds that patients should be given the opportunity to see the healthcare provider of their choice. In order to assure the citizens of the State of Arkansas the right to choose the provider of their choice, it is the intent of the General Assembly to provide the opportunity of providers to participate in health benefit plans. Acts 1995, No. 505, § 2.

The General Assembly finds that patients should be given the opportunity to see the healthcare provider of their choice. In order to assure the citizens of the State of Arkansas the right to choose the provider of their choice, it is the intent of the General Assembly to provide the opportunity of providers to participate in health benefit plans.

Acts 1995, No. 505, § 2.
Ark. Code Ann. § 23-67-510 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-510
Effective date
Status: in_force

This subchapter applies to all malpractice policies issued or renewed on or after January 1, 2006. Acts 2005, No. 1697, § 19.

This subchapter applies to all malpractice policies issued or renewed on or after January 1, 2006.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-63-521 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-521
Injunctions
Status: in_force

Whenever it appears to the Insurance Commissioner that any insurer or any director, officer, employee, or agent of an insurer has committed or is about to commit a violation of this subchapter or of any rule or order issued by the commissioner pursuant to it, the commissioner may apply to the Pulaski County Circuit Court for an order enjoining the insurer or the director, officer, employee, or agent of the insurer from violating or continuing to violate this subchapter or any rule or order, and for such other relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders or the public may require. Amended by Act 2019, No. 315,§ 2633, eff. 7/24/2019. Acts 1971, No. 288, § 12; A.S.A. 1947, § 66-5012.

Whenever it appears to the Insurance Commissioner that any insurer or any director, officer, employee, or agent of an insurer has committed or is about to commit a violation of this subchapter or of any rule or order issued by the commissioner pursuant to it, the commissioner may apply to the Pulaski County Circuit Court for an order enjoining the insurer or the director, officer, employee, or agent of the insurer from violating or continuing to violate this subchapter or any rule or order, and for such other relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders or the public may require.

Amended by Act 2019, No. 315,§ 2633, eff. 7/24/2019.

Acts 1971, No. 288, § 12; A.S.A. 1947, § 66-5012.
Ark. Code Ann. § 23-11-101 — AR Code / Title 23 / Chapter 11 / Subchapter 1 / Section 23-11-101
Enforcement of laws or orders on complaint
Status: in_force

It is made the duty of the Arkansas Department of Transportation, on complaint, to enforce by necessary order any or all laws of this state pertaining to railroads and express companies. Amended by Act 2017, No. 707,§ 153, eff. 8/1/2017. Acts 1907, No. 422, § 6, p. 1137; C. & M. Dig., § 1693; Pope's Dig., § 1996; A.S.A. 1947, § 73-126.

It is made the duty of the Arkansas Department of Transportation, on complaint, to enforce by necessary order any or all laws of this state pertaining to railroads and express companies.

Amended by Act 2017, No. 707,§ 153, eff. 8/1/2017.

Acts 1907, No. 422, § 6, p. 1137; C. & M. Dig., § 1693; Pope's Dig., § 1996; A.S.A. 1947, § 73-126.
Ark. Code Ann. § 23-64-505 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-505
Application for examination
Status: in_force

(a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 23-64-205 . The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws of this state. Examinations required by this section shall be developed and conducted under rules prescribed by the Insurance Commissioner. (b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in § 23-61-401 and any existing or future rule and regulation. (c) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner as set forth in § 23-61-401 and any existing or future rule and regulation. (d) An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination. Amended by Act 2019, No. 315,§ 2654, eff. 7/24/2019. Acts 2001, No. 580, § 1.

(a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 23-64-205 . The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws of this state. Examinations required by this section shall be developed and conducted under rules prescribed by the Insurance Commissioner.

(b) The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in § 23-61-401 and any existing or future rule and regulation.

(c) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner as set forth in § 23-61-401 and any existing or future rule and regulation.

(d) An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.

Amended by Act 2019, No. 315,§ 2654, eff. 7/24/2019.

Acts 2001, No. 580, § 1.
Ark. Code Ann. § 23-17-505 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-505
Use of rights-of-way by wireless provider
Status: in_force

(a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way. (b) Small wireless facilities and associated poles shall be installed and maintained as to not obstruct or hinder the usual travel or public safety of the right-of-way or the usage of the right-of-way by utilities. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) Subject to this subchapter, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.

(b) Small wireless facilities and associated poles shall be installed and maintained as to not obstruct or hinder the usual travel or public safety of the right-of-way or the usage of the right-of-way by utilities.

Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-32-405 — AR Code / Title 23 / Chapter 32 / Subchapter 4 / Section 23-32-405
Authority to sue and be sued
Status: in_force

The investor companies may sue or be sued in this state in relation to the mortgage notes, mortgages, or deeds of trust, and service may be had on the Secretary of State when an investor company is a defendant. The venue of the actions shall be in the county of the residence of any party to the suit, unless otherwise provided by law, except that when land is involved, the venue shall be in the county where the land or any part of it is located. Acts 1997, No. 88, § 5.

The investor companies may sue or be sued in this state in relation to the mortgage notes, mortgages, or deeds of trust, and service may be had on the Secretary of State when an investor company is a defendant. The venue of the actions shall be in the county of the residence of any party to the suit, unless otherwise provided by law, except that when land is involved, the venue shall be in the county where the land or any part of it is located.

Acts 1997, No. 88, § 5.
Ark. Code Ann. § 23-62-110 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-110
Mortgage guaranty insurance
Status: in_force

As used in the Arkansas Insurance Code, "mortgage guaranty insurance" means insurance that insures lenders against financial loss by reason of nonpayment of principal, interest, or other sums agreed to be paid under the terms of any note, bond, or other evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on improved real estate. Acts 2005, No. 506, § 10.

As used in the Arkansas Insurance Code, "mortgage guaranty insurance" means insurance that insures lenders against financial loss by reason of nonpayment of principal, interest, or other sums agreed to be paid under the terms of any note, bond, or other evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on improved real estate.

Acts 2005, No. 506, § 10.