Ark. Code Ann. § 23-75-102 — AR Code / Title 23 / Chapter 75 / Section 23-75-102
Applicability of other laws
Status: in_force

The corporations described in § 23-75-101 are subject to the following chapters and provisions of this code, to the extent applicable and not in conflict with the express provisions of this chapter: (1) Sections 23-60-101 - 23-60-108 and 23-60-110 , referring to scope of code; (2) Section 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq., referring to the Insurance Commissioner; (3) Sections 23-63-102 - 23-63-104 , 23-63-201 - 23-63-216 , and 23-63-301 - 23-63-304 , referring to registration of registered agents for service of process; (4) Section 23-63-901 et seq., referring to administration of deposits; (5) Section 23-63-1501 et seq., referring to risk-based capital; (6) Section 23-64-101 et seq., referring to insurance producers, agents, brokers, and adjusters; (7) The Trade Practices Act, § 23-66-201 et seq., §§ 23-66-301 - 23-66-306 , 23-66-308 - 23-66-311 , 23-66-313 , 23-66-314 , and 23-66-501 - 23-66-513 , referring to trade practices and frauds; (8) Section 23-63-601 et seq. and §§ 23-84-101 - 23-84-111 , referring to assets and liabilities; (9) Section 23-68-101 et seq., referring to rehabilitation and liquidation; (10) Section 23-69-142 , referring to mergers and acquisitions; (11) Sections 23-85-101 - 23-85-131 , referring to accident and health insurance policies; (12) Sections 23-86-101 - 23-86-104 , 23-86-106 , 23-86-108 , and 23-86-109 , referring to group and blanket accident and health insurance; (13) Sections 23-79-101 - 23-79-107 , 23-79-109 - 23-79-128 , 23-79-131 - 23-79-134 , and 23-79-202 - 23-79-210 , referring to insurance contracts; (14) Section 23-69-134 , referring to home office and records; penalty for unlawful removal of records; and (15) Section 23-69-156 , referring to extinguishment of unused corporate charters. Amended by Act 2021, No. 367,§ 21, eff. 7/28/2021. Acts 1959, No. 148, § 690; 1971, No. 127, § 2; 1977, No. 789, § 8; 1981, No. 809, §§ 18-20; 1983, No. 522, §§ 37, 38; A.S.A. 1947, § 66-4920; Acts 2001, No. 580, § 21; 2001, No. 1454, § 2; 2001, No. 1604, § 75; 2011, No. 760, § 12.

The corporations described in § 23-75-101 are subject to the following chapters and provisions of this code, to the extent applicable and not in conflict with the express provisions of this chapter:

(1) Sections 23-60-101 - 23-60-108 and 23-60-110 , referring to scope of code;

(2) Section 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq., referring to the Insurance Commissioner;

(3) Sections 23-63-102 - 23-63-104 , 23-63-201 - 23-63-216 , and 23-63-301 - 23-63-304 , referring to registration of registered agents for service of process;

(4) Section 23-63-901 et seq., referring to administration of deposits;

(5) Section 23-63-1501 et seq., referring to risk-based capital;

(6) Section 23-64-101 et seq., referring to insurance producers, agents, brokers, and adjusters;

(7) The Trade Practices Act, § 23-66-201 et seq., §§ 23-66-301 - 23-66-306 , 23-66-308 - 23-66-311 , 23-66-313 , 23-66-314 , and 23-66-501 - 23-66-513 , referring to trade practices and frauds;

(8) Section 23-63-601 et seq. and §§ 23-84-101 - 23-84-111 , referring to assets and liabilities;

(9) Section 23-68-101 et seq., referring to rehabilitation and liquidation;

(10) Section 23-69-142 , referring to mergers and acquisitions;

(11) Sections 23-85-101 - 23-85-131 , referring to accident and health insurance policies;

(12) Sections 23-86-101 - 23-86-104 , 23-86-106 , 23-86-108 , and 23-86-109 , referring to group and blanket accident and health insurance;

(13) Sections 23-79-101 - 23-79-107 , 23-79-109 - 23-79-128 , 23-79-131 - 23-79-134 , and 23-79-202 - 23-79-210 , referring to insurance contracts;

(14) Section 23-69-134 , referring to home office and records; penalty for unlawful removal of records; and

(15) Section 23-69-156 , referring to extinguishment of unused corporate charters.

Amended by Act 2021, No. 367,§ 21, eff. 7/28/2021.

Acts 1959, No. 148, § 690; 1971, No. 127, § 2; 1977, No. 789, § 8; 1981, No. 809, §§ 18-20; 1983, No. 522, §§ 37, 38; A.S.A. 1947, § 66-4920; Acts 2001, No. 580, § 21; 2001, No. 1454, § 2; 2001, No. 1604, § 75; 2011, No. 760, § 12.
Ark. Code Ann. § 23-79-305 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-305
Violations - Order
Status: in_force

(a) Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this subchapter, the commissioner shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by § 23-79-309 . (b) If, after a hearing, the commissioner determines that the person has violated a provision of this subchapter, the commissioner shall issue a written order which, in the commissioner's discretion, may do one (1) or more of the following: (1) Revoke the certificate of authority of the insurer or the license of the rate service organization; (2) Suspend the certificate of authority of the insurer or the license of the rate service organization; and (3) Require the payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation or, if the commissioner has found willful violations, a penalty of not more than ten thousand dollars ($10,000) for each violation. Acts 1987, No. 204, § 6.

(a) Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this subchapter, the commissioner shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by § 23-79-309 .

(b) If, after a hearing, the commissioner determines that the person has violated a provision of this subchapter, the commissioner shall issue a written order which, in the commissioner's discretion, may do one (1) or more of the following: (1) Revoke the certificate of authority of the insurer or the license of the rate service organization; (2) Suspend the certificate of authority of the insurer or the license of the rate service organization; and (3) Require the payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation or, if the commissioner has found willful violations, a penalty of not more than ten thousand dollars ($10,000) for each violation.

(1) Revoke the certificate of authority of the insurer or the license of the rate service organization;

(2) Suspend the certificate of authority of the insurer or the license of the rate service organization; and

(3) Require the payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation or, if the commissioner has found willful violations, a penalty of not more than ten thousand dollars ($10,000) for each violation.

Acts 1987, No. 204, § 6.
Ark. Code Ann. § 23-85-139 — AR Code / Title 23 / Chapter 85 / Section 23-85-139
Written notice for premium payments made
Status: in_force

(a) No insurer issuing or renewing policies pursuant to this chapter or conversion policies issued pursuant to § 23-86-115 shall unilaterally change the premium payment mode for the policyholder or payor unless the insurer provides written notice of the effective date of the premium payment mode change to the policyholder or payor at least sixty (60) days prior to the change. (b) This section shall not apply when an insurer unilaterally changes the premium payment mode solely due to a policyholder's or payor's nonpayment of premium. Acts 2001, No. 1177, § 1.

(a) No insurer issuing or renewing policies pursuant to this chapter or conversion policies issued pursuant to § 23-86-115 shall unilaterally change the premium payment mode for the policyholder or payor unless the insurer provides written notice of the effective date of the premium payment mode change to the policyholder or payor at least sixty (60) days prior to the change.

(b) This section shall not apply when an insurer unilaterally changes the premium payment mode solely due to a policyholder's or payor's nonpayment of premium.

Acts 2001, No. 1177, § 1.
Ark. Code Ann. § 23-80-306 — AR Code / Title 23 / Chapter 80 / Subchapter 3 / Section 23-80-306
Minimum standards
Status: in_force

(a) All policies which, under subsection (b) of this section, must comply with this subsection shall be simplified, taking into consideration the following factors: (1) Use of simple sentence structure and short sentences; (2) Use of commonly understood words; (3) Avoidance of technical legal terms whenever possible; (4) Minimal reference to other sections or provisions of the policy; (5) Organization of text; and (6) Legibility. (b) (1) (A) In addition to any other requirements of law, the Insurance Commissioner shall by rule specify the dates by which personal lines policies shall comply with subsection (a) of this section. (B) The dates established by the commissioner for compliance shall not be less than eighteen (18) months nor more than thirty-six (36) months from the effective date of the rule. (C) "Personal lines policies" are policies: (i) Solely used to provide homeowners insurance, dwelling fire insurance on one (1) to four (4) family units, or individual fire insurance on dwelling contents; or (ii) Principally used to provide primary insurance on private passenger nonfleet automobiles individually owned and used for personal or family needs. (2) In addition to any other requirements of law, the commissioner may by rules specify which policies, other than those described in subdivision (b)(1) of this section, shall comply with subsection (a) of this section. The dates, if any, established by the commissioner for compliance may not be less than forty-eight (48) months from June 17, 1981, or twenty-four (24) months from the effective date of the rule establishing the dates, whichever is later. Amended by Act 2019, No. 315,§ 2725, eff. 7/24/2019. Acts 1981, No. 517, §§ 5, 6; A.S.A. 1947, §§ 66-5805, 66-5806.

(a) All policies which, under subsection (b) of this section, must comply with this subsection shall be simplified, taking into consideration the following factors: (1) Use of simple sentence structure and short sentences; (2) Use of commonly understood words; (3) Avoidance of technical legal terms whenever possible; (4) Minimal reference to other sections or provisions of the policy; (5) Organization of text; and (6) Legibility.

(1) Use of simple sentence structure and short sentences;

(2) Use of commonly understood words;

(3) Avoidance of technical legal terms whenever possible;

(4) Minimal reference to other sections or provisions of the policy;

(5) Organization of text; and

(6) Legibility.

(b) (1) (A) In addition to any other requirements of law, the Insurance Commissioner shall by rule specify the dates by which personal lines policies shall comply with subsection (a) of this section. (B) The dates established by the commissioner for compliance shall not be less than eighteen (18) months nor more than thirty-six (36) months from the effective date of the rule. (C) "Personal lines policies" are policies: (i) Solely used to provide homeowners insurance, dwelling fire insurance on one (1) to four (4) family units, or individual fire insurance on dwelling contents; or (ii) Principally used to provide primary insurance on private passenger nonfleet automobiles individually owned and used for personal or family needs. (2) In addition to any other requirements of law, the commissioner may by rules specify which policies, other than those described in subdivision (b)(1) of this section, shall comply with subsection (a) of this section. The dates, if any, established by the commissioner for compliance may not be less than forty-eight (48) months from June 17, 1981, or twenty-four (24) months from the effective date of the rule establishing the dates, whichever is later.

(1) (A) In addition to any other requirements of law, the Insurance Commissioner shall by rule specify the dates by which personal lines policies shall comply with subsection (a) of this section. (B) The dates established by the commissioner for compliance shall not be less than eighteen (18) months nor more than thirty-six (36) months from the effective date of the rule. (C) "Personal lines policies" are policies: (i) Solely used to provide homeowners insurance, dwelling fire insurance on one (1) to four (4) family units, or individual fire insurance on dwelling contents; or (ii) Principally used to provide primary insurance on private passenger nonfleet automobiles individually owned and used for personal or family needs.

(A) In addition to any other requirements of law, the Insurance Commissioner shall by rule specify the dates by which personal lines policies shall comply with subsection (a) of this section.

(B) The dates established by the commissioner for compliance shall not be less than eighteen (18) months nor more than thirty-six (36) months from the effective date of the rule.

(C) "Personal lines policies" are policies: (i) Solely used to provide homeowners insurance, dwelling fire insurance on one (1) to four (4) family units, or individual fire insurance on dwelling contents; or (ii) Principally used to provide primary insurance on private passenger nonfleet automobiles individually owned and used for personal or family needs.

(i) Solely used to provide homeowners insurance, dwelling fire insurance on one (1) to four (4) family units, or individual fire insurance on dwelling contents; or

(ii) Principally used to provide primary insurance on private passenger nonfleet automobiles individually owned and used for personal or family needs.

(2) In addition to any other requirements of law, the commissioner may by rules specify which policies, other than those described in subdivision (b)(1) of this section, shall comply with subsection (a) of this section. The dates, if any, established by the commissioner for compliance may not be less than forty-eight (48) months from June 17, 1981, or twenty-four (24) months from the effective date of the rule establishing the dates, whichever is later.

Amended by Act 2019, No. 315,§ 2725, eff. 7/24/2019.

Acts 1981, No. 517, §§ 5, 6; A.S.A. 1947, §§ 66-5805, 66-5806.
Ark. Code Ann. § 23-81-403 — AR Code / Title 23 / Chapter 81 / Subchapter 4 / Section 23-81-403
Contract provisions required
Status: in_force

(a) Any contract providing benefits payable in variable amounts delivered or issued for delivery in this state shall contain a statement of the essential features of the procedures to be followed by the insurance company in determining the dollar amount of the variable benefits. (b) Any contract under which the benefits vary to reflect investment experience, including a group contract and any certificate in evidence of variable benefits issued thereunder, shall state that the dollar amount will so vary and shall contain on its first page a statement to the effect that the benefits thereunder are on a variable basis. Acts 1975, No. 728, § 2; A.S.A. 1947, § 66-3338.

(a) Any contract providing benefits payable in variable amounts delivered or issued for delivery in this state shall contain a statement of the essential features of the procedures to be followed by the insurance company in determining the dollar amount of the variable benefits.

(b) Any contract under which the benefits vary to reflect investment experience, including a group contract and any certificate in evidence of variable benefits issued thereunder, shall state that the dollar amount will so vary and shall contain on its first page a statement to the effect that the benefits thereunder are on a variable basis.

Acts 1975, No. 728, § 2; A.S.A. 1947, § 66-3338.
Ark. Code Ann. § 23-1-102 — AR Code / Title 23 / Chapter 1 / Section 23-1-102
Construction of Acts 1935, No. 324 - Interstate commerce excepted
Status: in_force

(a) Nothing in this act shall be construed as repealing § 14-234-201 et seq. or any part thereof. (b) Neither this act nor any of its provisions shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several states of the United States except insofar as such an application or construction of this act may be permitted under the provisions of the United States Constitution and the acts of the United States Congress. Acts 1935, No. 324, §§ 9, 70; Pope's Dig., § 2072; A.S.A. 1947, §§ 73-203, 73-263n.

(a) Nothing in this act shall be construed as repealing § 14-234-201 et seq. or any part thereof.

(b) Neither this act nor any of its provisions shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several states of the United States except insofar as such an application or construction of this act may be permitted under the provisions of the United States Constitution and the acts of the United States Congress.

Acts 1935, No. 324, §§ 9, 70; Pope's Dig., § 2072; A.S.A. 1947, §§ 73-203, 73-263n.
Ark. Code Ann. § 23-91-227 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-227
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 20; A.S.A. 1947, § 66-5420.

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

Acts 1977, No. 368, § 20; A.S.A. 1947, § 66-5420.
Ark. Code Ann. § 23-89-102 — AR Code / Title 23 / Chapter 89 / Subchapter 1 / Section 23-89-102
Insolvency of insured does not release liability insurer
Status: in_force

(a) No policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable or against loss or damage to property caused by horses or by any vehicles drawn, propelled, or operated by any motive power and for which loss or damage the person insured is liable shall be issued or delivered to any person in this state unless the policy contains a provision that the insolvency or bankruptcy of the person insured shall not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of the policy. (b) The policy must also state that in case execution against the insured is returned unsatisfied because of the insolvency or bankruptcy, in an action brought by the injured or his or her personal representative in case death results from the accident, then an action may be maintained by the injured person or his or her personal representative against the insurer under the terms of the policy for the amount of the judgment in the action not exceeding the amount of the policy. Acts 1959, No. 148, § 448; A.S.A. 1947, § 66-4002.

(a) No policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable or against loss or damage to property caused by horses or by any vehicles drawn, propelled, or operated by any motive power and for which loss or damage the person insured is liable shall be issued or delivered to any person in this state unless the policy contains a provision that the insolvency or bankruptcy of the person insured shall not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of the policy.

(b) The policy must also state that in case execution against the insured is returned unsatisfied because of the insolvency or bankruptcy, in an action brought by the injured or his or her personal representative in case death results from the accident, then an action may be maintained by the injured person or his or her personal representative against the insurer under the terms of the policy for the amount of the judgment in the action not exceeding the amount of the policy.

Acts 1959, No. 148, § 448; A.S.A. 1947, § 66-4002.
Ark. Code Ann. § 23-4-1202 — AR Code / Title 23 / Chapter 4 / Subchapter 12 / Section 23-4-1202
Findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Electricity and natural gas services are essential to the public health and safety of citizens of this state; and (2) Affordable electricity and natural gas encourage economic activity within the state and benefit the state's industrial, commercial, and agricultural industries to increase the number of available jobs and to attract new business and industry to the state. (b) The intent of this subchapter is to establish a regulatory framework that implements rate reforms to provide just and reasonable rates to consumers in this state and enables public utilities in this state to provide reliable service while maintaining stable rates. Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.

(a) The General Assembly finds that: (1) Electricity and natural gas services are essential to the public health and safety of citizens of this state; and (2) Affordable electricity and natural gas encourage economic activity within the state and benefit the state's industrial, commercial, and agricultural industries to increase the number of available jobs and to attract new business and industry to the state.

(1) Electricity and natural gas services are essential to the public health and safety of citizens of this state; and

(2) Affordable electricity and natural gas encourage economic activity within the state and benefit the state's industrial, commercial, and agricultural industries to increase the number of available jobs and to attract new business and industry to the state.

(b) The intent of this subchapter is to establish a regulatory framework that implements rate reforms to provide just and reasonable rates to consumers in this state and enables public utilities in this state to provide reliable service while maintaining stable rates.

Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.
Ark. Code Ann. § 23-97-320 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-320
Authority to promulgate rules
Status: in_force

The Insurance Commissioner shall issue rules for long-term care insurance to: (1) Promote premium adequacy; (2) Protect the policyholder in the event of substantial rate increases; and (3) Establish minimum standards for: (A) Marketing practices; (B) Agent compensation; (C) Agent testing; (D) Penalties; and (E) Reporting practices. Amended by Act 2019, No. 315,§ 2792, eff. 7/24/2019. Acts 2005, No. 1697, § 31.

The Insurance Commissioner shall issue rules for long-term care insurance to:

(1) Promote premium adequacy;

(2) Protect the policyholder in the event of substantial rate increases; and

(3) Establish minimum standards for: (A) Marketing practices; (B) Agent compensation; (C) Agent testing; (D) Penalties; and (E) Reporting practices.

(A) Marketing practices;

(B) Agent compensation;

(C) Agent testing;

(D) Penalties; and

(E) Reporting practices.

Amended by Act 2019, No. 315,§ 2792, eff. 7/24/2019.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-99-301 — AR Code / Title 23 / Chapter 99 / Subchapter 3 / Section 23-99-301
Short title
Status: in_force

This subchapter shall be known and may be cited as the "Primary Eye Care Provider Act". Acts 1995, No. 515, § 1; 1995, No. 1092, § 1.

This subchapter shall be known and may be cited as the "Primary Eye Care Provider Act".

Acts 1995, No. 515, § 1; 1995, No. 1092, § 1.
Ark. Code Ann. § 23-74-603 — AR Code / Title 23 / Chapter 74 / Subchapter 6 / Section 23-74-603
Annual license
Status: in_force

Societies which are now authorized to transact business in this state may continue such business until April 1, 1990. The authority of such societies and all societies hereafter licensed may thereafter be renewed annually, but in all cases to terminate on the succeeding April 1. However, a license so issued shall continue in full force and effect until the new license be issued or specifically refused. For each such license or renewal, the society shall pay the Insurance Commissioner one hundred dollars ($100). A duly certified copy or duplicate of the license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter. Acts 1989, No. 881, § 1.

Societies which are now authorized to transact business in this state may continue such business until April 1, 1990. The authority of such societies and all societies hereafter licensed may thereafter be renewed annually, but in all cases to terminate on the succeeding April 1. However, a license so issued shall continue in full force and effect until the new license be issued or specifically refused. For each such license or renewal, the society shall pay the Insurance Commissioner one hundred dollars ($100). A duly certified copy or duplicate of the license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-14-107 — AR Code / Title 23 / Chapter 14 / Section 23-14-107
Duties and powers of department
Status: in_force

(a) Administration and Enforcement. It shall be the duty of the Arkansas Department of Transportation to administer the provisions of this chapter, and to that end the department shall have authority to make and amend such general or special rules and regulations and to issue such orders as may be necessary to carry out the provisions of this chapter. (b) Jurisdiction Over Common Carriers by Aircraft. So far as may be necessary for the purpose of carrying out the provisions of this chapter, the department shall have general supervision and regulation of and jurisdiction and control over common carriers by aircraft. (c) Complaints and Investigation. The department may investigate, either upon complaint or upon its own initiative, as to whether any common carrier by aircraft has failed to comply with any provision of this chapter or with any order, rule, regulation, or requirement issued or established pursuant thereto and after notice and hearing take appropriate action to compel compliance therewith. (d) Joint Hearings and Cooperation. The department is authorized to confer with or to hold joint hearings with any authorities of any state or of the United States Government, having jurisdiction with respect to matters involving common carriers by aircraft, in connection with any matter arising under this chapter. The department is also authorized to avail itself of the cooperation, services, records, and facilities of such authorities as fully as may be practicable in the enforcement or administration of any provision of this chapter. (e) Interstate Rates and Service. When the interstate rates, fares, charges, or classifications of common carriers by aircraft affecting the commerce of this state are, in the opinion of the department, excessive or discriminatory or are levied or laid in violation of the Act of the United States Congress entitled "Civil Aeronautics Act of 1938" [repealed], approved June 23, 1938, and the acts amendatory thereof and supplementary thereto, or are in conflict with the rulings, orders, or regulations of the authorities having jurisdiction thereof, or when those services are, in the opinion of the department, inadequate, unsatisfactory, or discriminatory, the department may apply by petition to the authorities having jurisdiction thereof for relief and may present to those authorities all facts coming to the department's knowledge as to violations of the rulings, orders, or regulations of those authorities, or as to violations of the Civil Aeronautics Act of 1938 [repealed] or acts amendatory thereof or supplementary thereto. (f) Administrative and Judicial Procedure. The procedure of the department in administering this chapter and of the courts in all matters arising under this chapter shall be the same as established by the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq., wherever practicable. Amended by Act 2017, No. 707,§ 237, eff. 8/1/2017. Acts 1945, No. 252, § 4; 1985, No. 257, § 5; A.S.A. 1947, § 74-404.

(a) Administration and Enforcement. It shall be the duty of the Arkansas Department of Transportation to administer the provisions of this chapter, and to that end the department shall have authority to make and amend such general or special rules and regulations and to issue such orders as may be necessary to carry out the provisions of this chapter.

(b) Jurisdiction Over Common Carriers by Aircraft. So far as may be necessary for the purpose of carrying out the provisions of this chapter, the department shall have general supervision and regulation of and jurisdiction and control over common carriers by aircraft.

(c) Complaints and Investigation. The department may investigate, either upon complaint or upon its own initiative, as to whether any common carrier by aircraft has failed to comply with any provision of this chapter or with any order, rule, regulation, or requirement issued or established pursuant thereto and after notice and hearing take appropriate action to compel compliance therewith.

(d) Joint Hearings and Cooperation. The department is authorized to confer with or to hold joint hearings with any authorities of any state or of the United States Government, having jurisdiction with respect to matters involving common carriers by aircraft, in connection with any matter arising under this chapter. The department is also authorized to avail itself of the cooperation, services, records, and facilities of such authorities as fully as may be practicable in the enforcement or administration of any provision of this chapter.

(e) Interstate Rates and Service. When the interstate rates, fares, charges, or classifications of common carriers by aircraft affecting the commerce of this state are, in the opinion of the department, excessive or discriminatory or are levied or laid in violation of the Act of the United States Congress entitled "Civil Aeronautics Act of 1938" [repealed], approved June 23, 1938, and the acts amendatory thereof and supplementary thereto, or are in conflict with the rulings, orders, or regulations of the authorities having jurisdiction thereof, or when those services are, in the opinion of the department, inadequate, unsatisfactory, or discriminatory, the department may apply by petition to the authorities having jurisdiction thereof for relief and may present to those authorities all facts coming to the department's knowledge as to violations of the rulings, orders, or regulations of those authorities, or as to violations of the Civil Aeronautics Act of 1938 [repealed] or acts amendatory thereof or supplementary thereto.

(f) Administrative and Judicial Procedure. The procedure of the department in administering this chapter and of the courts in all matters arising under this chapter shall be the same as established by the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq., wherever practicable.

Amended by Act 2017, No. 707,§ 237, eff. 8/1/2017.

Acts 1945, No. 252, § 4; 1985, No. 257, § 5; A.S.A. 1947, § 74-404.
Ark. Code Ann. § 23-114-408 — AR Code / Title 23 / Chapter 114 / Subchapter 4 / Section 23-114-408
Prizes
Status: in_force

(a) A bingo prize shall not have a value of more than one thousand dollars ($1,000) for a single game. (b) For the total prizes of all games of bingo, a licensed authorized organization shall not offer or award during a single bingo session prizes with an aggregate value of more than seven thousand five hundred dollars ($7,500). (c) (1) A licensed authorized organization shall not award or offer to award a door prize with a value of more than two hundred fifty dollars ($250) per bingo session. (2) The value of the door prize under subdivision (c)(1) of this section shall not accrue against the bingo session prize limitation of seven thousand five hundred dollars ($7,500). (d) (1) A bingo prize, other than cash, may be merchandise with a recognized wholesale cost not to exceed one thousand dollars ($1,000). (2) A copy of the receipt for merchandise under subdivision (d)(1) of this section shall be maintained in the licensed authorized organization's bingo records. (e) (1) Except as otherwise provided in subdivision (e)(2) of this section, the total value of raffle prizes in a calendar year shall not exceed fifty thousand dollars ($50,000). (2) If the prizes were donated to the licensed authorized organization, the total value of raffle prizes in a calendar year shall not exceed one hundred thousand dollars ($100,000), except as applicable to a temporary license to conduct a raffle under § 23-114-302(b)(3) . (f) (1) A raffle prize shall not exceed five thousand dollars ($5,000) in cash. (2) As used in this subsection, "cash" means coins, paper currency, or a negotiable instrument that represents and is readily convertible to coins or paper currency. Acts 2007, No. 388, § 1; 2009, No. 499, § 8.

(a) A bingo prize shall not have a value of more than one thousand dollars ($1,000) for a single game.

(b) For the total prizes of all games of bingo, a licensed authorized organization shall not offer or award during a single bingo session prizes with an aggregate value of more than seven thousand five hundred dollars ($7,500).

(c) (1) A licensed authorized organization shall not award or offer to award a door prize with a value of more than two hundred fifty dollars ($250) per bingo session. (2) The value of the door prize under subdivision (c)(1) of this section shall not accrue against the bingo session prize limitation of seven thousand five hundred dollars ($7,500).

(1) A licensed authorized organization shall not award or offer to award a door prize with a value of more than two hundred fifty dollars ($250) per bingo session.

(2) The value of the door prize under subdivision (c)(1) of this section shall not accrue against the bingo session prize limitation of seven thousand five hundred dollars ($7,500).

(d) (1) A bingo prize, other than cash, may be merchandise with a recognized wholesale cost not to exceed one thousand dollars ($1,000). (2) A copy of the receipt for merchandise under subdivision (d)(1) of this section shall be maintained in the licensed authorized organization's bingo records.

(1) A bingo prize, other than cash, may be merchandise with a recognized wholesale cost not to exceed one thousand dollars ($1,000).

(2) A copy of the receipt for merchandise under subdivision (d)(1) of this section shall be maintained in the licensed authorized organization's bingo records.

(e) (1) Except as otherwise provided in subdivision (e)(2) of this section, the total value of raffle prizes in a calendar year shall not exceed fifty thousand dollars ($50,000). (2) If the prizes were donated to the licensed authorized organization, the total value of raffle prizes in a calendar year shall not exceed one hundred thousand dollars ($100,000), except as applicable to a temporary license to conduct a raffle under § 23-114-302(b)(3) .

(1) Except as otherwise provided in subdivision (e)(2) of this section, the total value of raffle prizes in a calendar year shall not exceed fifty thousand dollars ($50,000).

(2) If the prizes were donated to the licensed authorized organization, the total value of raffle prizes in a calendar year shall not exceed one hundred thousand dollars ($100,000), except as applicable to a temporary license to conduct a raffle under § 23-114-302(b)(3) .

(f) (1) A raffle prize shall not exceed five thousand dollars ($5,000) in cash. (2) As used in this subsection, "cash" means coins, paper currency, or a negotiable instrument that represents and is readily convertible to coins or paper currency.

(1) A raffle prize shall not exceed five thousand dollars ($5,000) in cash.

(2) As used in this subsection, "cash" means coins, paper currency, or a negotiable instrument that represents and is readily convertible to coins or paper currency.

Acts 2007, No. 388, § 1; 2009, No. 499, § 8.
Ark. Code Ann. § 23-15-217 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-217
Jurisdiction of commission over natural gas pipeline inspections
Status: in_force

(a) The Office of Pipeline Safety of the Arkansas Public Service Commission shall continue its administration of and shall continue to conduct safety inspections for any natural gas pipeline facilities which contain one hundred (100) or more parts per million of hydrogen sulfide which by this act or any other act of the General Assembly are transferred to or placed under the jurisdiction of the Oil and Gas Commission until the earlier of such time as: (1) The Oil and Gas Commission receives certification from the United States Department of Transportation to administer and conduct the required safety inspections; (2) The Oil and Gas Commission has obtained the appropriate equipment to conduct the required inspections; and (3) The Oil and Gas Commission has established inspection criteria equal to, but not less stringent than, that currently in force for the facilities in question as set out in the Arkansas Gas Pipeline Code, or one (1) year from April 1, 1999. (b) Prior to the Oil and Gas Commission's assuming exclusive jurisdiction over any natural gas pipeline facility which contains one hundred (100) or more parts per million of hydrogen sulfide transferred to it by this act or any other act of the General Assembly, there shall be a joint inspection by the Office of Pipeline Safety of the Arkansas Public Service Commission and the Oil and Gas Commission of all natural gas pipeline facilities which contain one hundred (100) or more parts per million of hydrogen sulfide, the exclusive jurisdiction over administration and safety inspections which is being transferred from the Office of Pipeline Safety of the Arkansas Public Service Commission to the Oil and Gas Commission to ensure that, at that point in time when transfer occurs, the compliance status of the pipelines is documented and the responsibility for bringing any pipeline code violations into compliance shall rest with the Oil and Gas Commission. Acts 1999, No. 1048, § 3.

(a) The Office of Pipeline Safety of the Arkansas Public Service Commission shall continue its administration of and shall continue to conduct safety inspections for any natural gas pipeline facilities which contain one hundred (100) or more parts per million of hydrogen sulfide which by this act or any other act of the General Assembly are transferred to or placed under the jurisdiction of the Oil and Gas Commission until the earlier of such time as: (1) The Oil and Gas Commission receives certification from the United States Department of Transportation to administer and conduct the required safety inspections; (2) The Oil and Gas Commission has obtained the appropriate equipment to conduct the required inspections; and (3) The Oil and Gas Commission has established inspection criteria equal to, but not less stringent than, that currently in force for the facilities in question as set out in the Arkansas Gas Pipeline Code, or one (1) year from April 1, 1999.

(1) The Oil and Gas Commission receives certification from the United States Department of Transportation to administer and conduct the required safety inspections;

(2) The Oil and Gas Commission has obtained the appropriate equipment to conduct the required inspections; and

(3) The Oil and Gas Commission has established inspection criteria equal to, but not less stringent than, that currently in force for the facilities in question as set out in the Arkansas Gas Pipeline Code, or one (1) year from April 1, 1999.

(b) Prior to the Oil and Gas Commission's assuming exclusive jurisdiction over any natural gas pipeline facility which contains one hundred (100) or more parts per million of hydrogen sulfide transferred to it by this act or any other act of the General Assembly, there shall be a joint inspection by the Office of Pipeline Safety of the Arkansas Public Service Commission and the Oil and Gas Commission of all natural gas pipeline facilities which contain one hundred (100) or more parts per million of hydrogen sulfide, the exclusive jurisdiction over administration and safety inspections which is being transferred from the Office of Pipeline Safety of the Arkansas Public Service Commission to the Oil and Gas Commission to ensure that, at that point in time when transfer occurs, the compliance status of the pipelines is documented and the responsibility for bringing any pipeline code violations into compliance shall rest with the Oil and Gas Commission.

Acts 1999, No. 1048, § 3.
Ark. Code Ann. § 23-64-220 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-220
Place of business - Maintenance of records - Definition
Status: in_force

(a) (1) Every resident agent or resident broker shall have and maintain in this state, or in a city or town in another state through which passes the boundary of this state, a place of business accessible to the public. (2) The place of business shall be that wherein the licensee principally conducts transactions under his or her license. (3) The address of the place shall appear upon the license, and the licensee shall promptly notify the Insurance Commissioner in writing of any change of address within ten (10) days of that change of address. (4) Nothing in this section shall be deemed to prohibit maintenance of the place of business in the licensee's place of residence in this state. (b) The licenses of the licensee shall be conspicuously displayed in the place of business in a part thereof customarily open to the public. (c) (1) (A) The agent or broker shall keep at his or her place of business the usual and customary records pertaining to transactions under his or her license for at least: (i) Five (5) years from the date the record was created; or (ii) One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding: (a) Commenced within five (5) years from the date the record was created; and (b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license. (B) A record required to be kept by this subsection may be maintained: (i) In its original form, electronically, or as a hard copy; and (ii) By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record. (2) As used in this subsection, "usual and customary records" means: (A) Applications; (B) Billing information; (C) Policy information; and (D) Claims files. Amended by Act 2015, No. 1223,§ 28, eff. 7/22/2015. Amended by Act 2015, No. 1223,§ 27, eff. 7/22/2015. Acts 1959, No. 148, § 172; A.S.A. 1947, § 66-2829; Acts 1997, No. 1004, § 1; 2009, No. 726, § 29.

(a) (1) Every resident agent or resident broker shall have and maintain in this state, or in a city or town in another state through which passes the boundary of this state, a place of business accessible to the public. (2) The place of business shall be that wherein the licensee principally conducts transactions under his or her license. (3) The address of the place shall appear upon the license, and the licensee shall promptly notify the Insurance Commissioner in writing of any change of address within ten (10) days of that change of address. (4) Nothing in this section shall be deemed to prohibit maintenance of the place of business in the licensee's place of residence in this state.

(1) Every resident agent or resident broker shall have and maintain in this state, or in a city or town in another state through which passes the boundary of this state, a place of business accessible to the public.

(2) The place of business shall be that wherein the licensee principally conducts transactions under his or her license.

(3) The address of the place shall appear upon the license, and the licensee shall promptly notify the Insurance Commissioner in writing of any change of address within ten (10) days of that change of address.

(4) Nothing in this section shall be deemed to prohibit maintenance of the place of business in the licensee's place of residence in this state.

(b) The licenses of the licensee shall be conspicuously displayed in the place of business in a part thereof customarily open to the public.

(c) (1) (A) The agent or broker shall keep at his or her place of business the usual and customary records pertaining to transactions under his or her license for at least: (i) Five (5) years from the date the record was created; or (ii) One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding: (a) Commenced within five (5) years from the date the record was created; and (b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license. (B) A record required to be kept by this subsection may be maintained: (i) In its original form, electronically, or as a hard copy; and (ii) By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record. (2) As used in this subsection, "usual and customary records" means: (A) Applications; (B) Billing information; (C) Policy information; and (D) Claims files.

(1) (A) The agent or broker shall keep at his or her place of business the usual and customary records pertaining to transactions under his or her license for at least: (i) Five (5) years from the date the record was created; or (ii) One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding: (a) Commenced within five (5) years from the date the record was created; and (b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license. (B) A record required to be kept by this subsection may be maintained: (i) In its original form, electronically, or as a hard copy; and (ii) By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record.

(A) The agent or broker shall keep at his or her place of business the usual and customary records pertaining to transactions under his or her license for at least: (i) Five (5) years from the date the record was created; or (ii) One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding: (a) Commenced within five (5) years from the date the record was created; and (b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license.

(i) Five (5) years from the date the record was created; or

(ii) One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding: (a) Commenced within five (5) years from the date the record was created; and (b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license.

(a) Commenced within five (5) years from the date the record was created; and

(b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license.

(B) A record required to be kept by this subsection may be maintained: (i) In its original form, electronically, or as a hard copy; and (ii) By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record.

(i) In its original form, electronically, or as a hard copy; and

(ii) By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record.

(2) As used in this subsection, "usual and customary records" means: (A) Applications; (B) Billing information; (C) Policy information; and (D) Claims files.

(A) Applications;

(B) Billing information;

(C) Policy information; and

(D) Claims files.

Amended by Act 2015, No. 1223,§ 28, eff. 7/22/2015.

Amended by Act 2015, No. 1223,§ 27, eff. 7/22/2015.

Acts 1959, No. 148, § 172; A.S.A. 1947, § 66-2829; Acts 1997, No. 1004, § 1; 2009, No. 726, § 29.
Ark. Code Ann. § 23-35-101 — AR Code / Title 23 / Chapter 35 / Subchapter 1 / Section 23-35-101
Definition and purpose of credit union or central credit union
Status: in_force

A credit union or central credit union is a cooperative nonprofit association, incorporated in accordance with the provisions of this chapter for the twofold purpose of encouraging thrift among its members and creating a source of credit at fair and reasonable rates of interest. A credit union or central credit union provides an opportunity for its members to use and control their own money in order to improve their economic and social condition. Acts 1971, No. 132, §§ 1, 2; A.S.A. 1947, §§ 67-901, 67-902.

A credit union or central credit union is a cooperative nonprofit association, incorporated in accordance with the provisions of this chapter for the twofold purpose of encouraging thrift among its members and creating a source of credit at fair and reasonable rates of interest. A credit union or central credit union provides an opportunity for its members to use and control their own money in order to improve their economic and social condition.

Acts 1971, No. 132, §§ 1, 2; A.S.A. 1947, §§ 67-901, 67-902.
Ark. Code Ann. § 23-112-309 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-309
Monetary penalty in lieu of suspension or revocation of license
Status: in_force

(a) (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authority to impose a monetary penalty upon the licensee in lieu of suspension or revocation of license. (2) The commission shall have the power and authority to require the licensee to pay the monetary penalty with the sanction that the license may be suspended until the penalty is paid, which time shall not exceed ninety (90) days from entry of the commission's order or final order on appeal. (3) The penalty in lieu of suspension or revocation may be imposed only if the commission formally finds that the public interest would not be impaired thereby and the payment of the penalty will achieve the desired disciplinary results. (b) (1) If the commission finds that there is sufficient cause upon which to base the revocation of a license, the amount of the monetary penalty in lieu of revocation shall not exceed ten thousand dollars ($10,000). (2) If the commission finds that there is sufficient cause upon which to base the suspension of a license, the amount of the monetary penalty in lieu of suspension shall not be less than fifty dollars ($50.00) nor more than five hundred dollars ($500) per day for each day the license would otherwise be suspended. However, the amount of the penalty shall not exceed the aggregate of five thousand dollars ($5,000). (c) No penalty shall be imposed if the license has been revoked by the commission for the violation. (d) Each instance when this chapter or a regulation is violated shall constitute a separate violation. (e) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the commission shall have the power to file suit in Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid. Amended by Act 2019, No. 315,§ 2832, eff. 7/24/2019. Acts 1975, No. 388, § 6; 1985, No. 1032, § 5; 1985, No. 1058, § 5; A.S.A. 1947, § 75-2306; Acts 1999, No. 1042, § 4; 2001, No. 1053, § 10.

(a) (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authority to impose a monetary penalty upon the licensee in lieu of suspension or revocation of license. (2) The commission shall have the power and authority to require the licensee to pay the monetary penalty with the sanction that the license may be suspended until the penalty is paid, which time shall not exceed ninety (90) days from entry of the commission's order or final order on appeal. (3) The penalty in lieu of suspension or revocation may be imposed only if the commission formally finds that the public interest would not be impaired thereby and the payment of the penalty will achieve the desired disciplinary results.

(1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authority to impose a monetary penalty upon the licensee in lieu of suspension or revocation of license.

(2) The commission shall have the power and authority to require the licensee to pay the monetary penalty with the sanction that the license may be suspended until the penalty is paid, which time shall not exceed ninety (90) days from entry of the commission's order or final order on appeal.

(3) The penalty in lieu of suspension or revocation may be imposed only if the commission formally finds that the public interest would not be impaired thereby and the payment of the penalty will achieve the desired disciplinary results.

(b) (1) If the commission finds that there is sufficient cause upon which to base the revocation of a license, the amount of the monetary penalty in lieu of revocation shall not exceed ten thousand dollars ($10,000). (2) If the commission finds that there is sufficient cause upon which to base the suspension of a license, the amount of the monetary penalty in lieu of suspension shall not be less than fifty dollars ($50.00) nor more than five hundred dollars ($500) per day for each day the license would otherwise be suspended. However, the amount of the penalty shall not exceed the aggregate of five thousand dollars ($5,000).

(1) If the commission finds that there is sufficient cause upon which to base the revocation of a license, the amount of the monetary penalty in lieu of revocation shall not exceed ten thousand dollars ($10,000).

(2) If the commission finds that there is sufficient cause upon which to base the suspension of a license, the amount of the monetary penalty in lieu of suspension shall not be less than fifty dollars ($50.00) nor more than five hundred dollars ($500) per day for each day the license would otherwise be suspended. However, the amount of the penalty shall not exceed the aggregate of five thousand dollars ($5,000).

(c) No penalty shall be imposed if the license has been revoked by the commission for the violation.

(d) Each instance when this chapter or a regulation is violated shall constitute a separate violation.

(e) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the commission shall have the power to file suit in Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid.

Amended by Act 2019, No. 315,§ 2832, eff. 7/24/2019.

Acts 1975, No. 388, § 6; 1985, No. 1032, § 5; 1985, No. 1058, § 5; A.S.A. 1947, § 75-2306; Acts 1999, No. 1042, § 4; 2001, No. 1053, § 10.
Ark. Code Ann. § 23-51-193 — AR Code / Title 23 / Chapter 51 / Section 23-51-193
Affiliates
Status: in_force

(a) Any person acting as a trustee or in any other fiduciary capacity under § 23-51-192 may hire and compensate, as a delegate, an affiliate of the person if: (1) Authorized by a trust or fiduciary instrument; (2) Authorized by court order; (3) Authorized in writing by each affected client; or (4) The standards of § 23-51-192 are satisfied. (b) Fees paid to an affiliate shall be competitive with fees charged by nonaffiliates that provide substantially similar services. Acts 1997, No. 940, § 93.

(a) Any person acting as a trustee or in any other fiduciary capacity under § 23-51-192 may hire and compensate, as a delegate, an affiliate of the person if: (1) Authorized by a trust or fiduciary instrument; (2) Authorized by court order; (3) Authorized in writing by each affected client; or (4) The standards of § 23-51-192 are satisfied.

(1) Authorized by a trust or fiduciary instrument;

(2) Authorized by court order;

(3) Authorized in writing by each affected client; or

(4) The standards of § 23-51-192 are satisfied.

(b) Fees paid to an affiliate shall be competitive with fees charged by nonaffiliates that provide substantially similar services.

Acts 1997, No. 940, § 93.
Ark. Code Ann. § 23-81-212 — AR Code / Title 23 / Chapter 81 / Subchapter 2 / Section 23-81-212
Calculation of cash surrender value in event of default
Status: in_force

(a) In addition to all other applicable sections of this subchapter, this section shall apply to all policies issued on or after January 1, 1985. (b) Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an amount which does not differ by more than two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years, from the sum of: (1) The greater of zero (0) and the basic cash value specified in subsection (c) of this section; and (2) The present value of any existing paid-up additions, less the amount of any indebtedness to the company under the policy. (c) (1) The basic cash value shall be equal to the present value, on the anniversary, of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the then-present value of the nonforfeiture factors, as defined in subsection (d) of this section, corresponding to premiums which would have fallen due on and after the anniversary. (2) However, the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in § 23-81-204 , shall be the same as are the effects specified in that section on the cash surrender values defined therein. (d) The nonforfeiture factor for each policy year shall be an amount equal to a percentage of the adjusted premium for the policy year, as defined in § 23-81-209 . Except as is required by subsection (e) of this section, the percentage must be: (1) The same percentage for each policy year between the second policy anniversary and the later of the fifth policy anniversary and the first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years; and (2) Such that no percentage after the later of the two (2) policy anniversaries specified in subdivision (d)(1) of this section, and no percentage may apply to fewer than five (5) consecutive policy years. (e) However, no basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in § 23-81-209 , were substituted for the nonforfeiture factors in the calculation of the basic cash value. (f) (1) All adjusted premiums and present values referred to in this section for a particular policy shall be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other sections of this subchapter. (2) The cash surrender values referred to in this section shall include any endowment benefits provided for by the policy. (g) (1) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in §§ 23-81-203 - 23-81-205 , 23-81-209 , and 23-81-211 . (2) The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed in § 23-81-211(d) shall conform with the principles of this section. Acts 1959, No. 148, § 336; 1961, No. 466, § 6; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.

(a) In addition to all other applicable sections of this subchapter, this section shall apply to all policies issued on or after January 1, 1985.

(b) Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an amount which does not differ by more than two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years, from the sum of: (1) The greater of zero (0) and the basic cash value specified in subsection (c) of this section; and (2) The present value of any existing paid-up additions, less the amount of any indebtedness to the company under the policy.

(1) The greater of zero (0) and the basic cash value specified in subsection (c) of this section; and

(2) The present value of any existing paid-up additions, less the amount of any indebtedness to the company under the policy.

(c) (1) The basic cash value shall be equal to the present value, on the anniversary, of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the then-present value of the nonforfeiture factors, as defined in subsection (d) of this section, corresponding to premiums which would have fallen due on and after the anniversary. (2) However, the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in § 23-81-204 , shall be the same as are the effects specified in that section on the cash surrender values defined therein.

(1) The basic cash value shall be equal to the present value, on the anniversary, of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the then-present value of the nonforfeiture factors, as defined in subsection (d) of this section, corresponding to premiums which would have fallen due on and after the anniversary.

(2) However, the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in § 23-81-204 , shall be the same as are the effects specified in that section on the cash surrender values defined therein.

(d) The nonforfeiture factor for each policy year shall be an amount equal to a percentage of the adjusted premium for the policy year, as defined in § 23-81-209 . Except as is required by subsection (e) of this section, the percentage must be: (1) The same percentage for each policy year between the second policy anniversary and the later of the fifth policy anniversary and the first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years; and (2) Such that no percentage after the later of the two (2) policy anniversaries specified in subdivision (d)(1) of this section, and no percentage may apply to fewer than five (5) consecutive policy years.

(1) The same percentage for each policy year between the second policy anniversary and the later of the fifth policy anniversary and the first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two-tenths of one percent (0.2%) of either the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first ten (10) policy years; and

(2) Such that no percentage after the later of the two (2) policy anniversaries specified in subdivision (d)(1) of this section, and no percentage may apply to fewer than five (5) consecutive policy years.

(e) However, no basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in § 23-81-209 , were substituted for the nonforfeiture factors in the calculation of the basic cash value.

(f) (1) All adjusted premiums and present values referred to in this section for a particular policy shall be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other sections of this subchapter. (2) The cash surrender values referred to in this section shall include any endowment benefits provided for by the policy.

(1) All adjusted premiums and present values referred to in this section for a particular policy shall be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other sections of this subchapter.

(2) The cash surrender values referred to in this section shall include any endowment benefits provided for by the policy.

(g) (1) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in §§ 23-81-203 - 23-81-205 , 23-81-209 , and 23-81-211 . (2) The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed in § 23-81-211(d) shall conform with the principles of this section.

(1) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in §§ 23-81-203 - 23-81-205 , 23-81-209 , and 23-81-211 .

(2) The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed in § 23-81-211(d) shall conform with the principles of this section.

Acts 1959, No. 148, § 336; 1961, No. 466, § 6; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.
Ark. Code Ann. § 23-66-511 — AR Code / Title 23 / Chapter 66 / Subchapter 5 / Section 23-66-511
Rules
Status: in_force

The Insurance Commissioner may promulgate reasonable rules deemed necessary by the commissioner for the administration of this subchapter. Amended by Act 2019, No. 315,§ 2668, eff. 7/24/2019. Acts 1997, No. 217, § 1.

The Insurance Commissioner may promulgate reasonable rules deemed necessary by the commissioner for the administration of this subchapter.

Amended by Act 2019, No. 315,§ 2668, eff. 7/24/2019.

Acts 1997, No. 217, § 1.
Ark. Code Ann. § 23-48-403 — AR Code / Title 23 / Chapter 48 / Subchapter 4 / Section 23-48-403
Penalties
Status: in_force

(a) Any person who willfully violates any provision of this subchapter or order issued by the Bank Commissioner pursuant to this subchapter or any State Bank Department rule is guilty of a Class A misdemeanor. (b) Any person who willfully participates in a violation of any provision of this subchapter is guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 2547, eff. 7/24/2019. Acts 1997, No. 89, § 1; 2005, No. 1994, § 354.

(a) Any person who willfully violates any provision of this subchapter or order issued by the Bank Commissioner pursuant to this subchapter or any State Bank Department rule is guilty of a Class A misdemeanor.

(b) Any person who willfully participates in a violation of any provision of this subchapter is guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 2547, eff. 7/24/2019.

Acts 1997, No. 89, § 1; 2005, No. 1994, § 354.
Ark. Code Ann. § 23-61-907 — AR Code / Title 23 / Chapter 61 / Subchapter 9 / Section 23-61-907
Data release
Status: in_force

(a) Data in the Arkansas Healthcare Transparency Initiative shall: (1) To the extent authorized by the State Insurance Department, be available: (A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and federal laws, as a resource to insurers, employers, purchasers of health care, researchers, state agencies, and healthcare providers to allow for assessment of healthcare utilization, expenditures, and performance in this state, including without limitation as a resource for hospital community health needs assessments; and (B) To state programs regarding healthcare quality and costs for use in improving health care in the state, subject to rules prescribed by the department conforming to state and federal privacy laws or limiting access to limited-use data sets; and (2) Not be used to: (A) Disclose trade secrets of submitting entities; (B) Reidentify or attempt to reidentify an individual who is the subject of any submitted data without obtaining the individual's consent; or (C) Create or augment data contained in a national claims database. (b) Notwithstanding the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or any other provision of law, the Arkansas Healthcare Transparency Initiative shall not publicly disclose any data that contains direct personal identifiers. Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.

(a) Data in the Arkansas Healthcare Transparency Initiative shall: (1) To the extent authorized by the State Insurance Department, be available: (A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and federal laws, as a resource to insurers, employers, purchasers of health care, researchers, state agencies, and healthcare providers to allow for assessment of healthcare utilization, expenditures, and performance in this state, including without limitation as a resource for hospital community health needs assessments; and (B) To state programs regarding healthcare quality and costs for use in improving health care in the state, subject to rules prescribed by the department conforming to state and federal privacy laws or limiting access to limited-use data sets; and (2) Not be used to: (A) Disclose trade secrets of submitting entities; (B) Reidentify or attempt to reidentify an individual who is the subject of any submitted data without obtaining the individual's consent; or (C) Create or augment data contained in a national claims database.

(1) To the extent authorized by the State Insurance Department, be available: (A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and federal laws, as a resource to insurers, employers, purchasers of health care, researchers, state agencies, and healthcare providers to allow for assessment of healthcare utilization, expenditures, and performance in this state, including without limitation as a resource for hospital community health needs assessments; and (B) To state programs regarding healthcare quality and costs for use in improving health care in the state, subject to rules prescribed by the department conforming to state and federal privacy laws or limiting access to limited-use data sets; and

(A) When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and federal laws, as a resource to insurers, employers, purchasers of health care, researchers, state agencies, and healthcare providers to allow for assessment of healthcare utilization, expenditures, and performance in this state, including without limitation as a resource for hospital community health needs assessments; and

(B) To state programs regarding healthcare quality and costs for use in improving health care in the state, subject to rules prescribed by the department conforming to state and federal privacy laws or limiting access to limited-use data sets; and

(2) Not be used to: (A) Disclose trade secrets of submitting entities; (B) Reidentify or attempt to reidentify an individual who is the subject of any submitted data without obtaining the individual's consent; or (C) Create or augment data contained in a national claims database.

(A) Disclose trade secrets of submitting entities;

(B) Reidentify or attempt to reidentify an individual who is the subject of any submitted data without obtaining the individual's consent; or

(C) Create or augment data contained in a national claims database.

(b) Notwithstanding the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or any other provision of law, the Arkansas Healthcare Transparency Initiative shall not publicly disclose any data that contains direct personal identifiers.

Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.
Ark. Code Ann. § 23-10-428 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-428
Refusal of freight - Notice to consignor - Liability for demurrage
Status: in_force

(a) If a consignee refuses to accept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery shall give legal notice to the consignor of the refusal. If the consignor does not, within three (3) days thereafter, give directions for reshipment, unloading, or other disposition of the goods, he or she shall become liable to the carrier for storage on the goods, or demurrage upon the cars in which they are stored, to the same extent and at the same rates as such charges are, under like circumstances, imposed upon consignees who neglect or refuse, after notice of arrival, to remove freight of like character from the depots or cars of the carrier by this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 - 23-10-427 , and 23-10-429 - 23-10-431 . (b) A consignee who has once refused to accept a consignment of goods shall not thereafter be entitled to receive the consignment of goods, except upon payment of all charges for storage or demurrage which have accrued. (c) If the consignee of freight in carloads or less than carloads fails or neglects to remove the freight within three (3) days after the expiration of free time, then the carrier shall, through the agent at point of shipment, so notify the shipper unless the consignee has signified his or her acceptance of the property. The notice may either be served personally or given by mail. Acts 1907, No. 193, § 14, p. 453; C. & M. Dig., § 909; Pope's Dig., § 1113; A.S.A. 1947, § 73-1323.

(a) If a consignee refuses to accept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery shall give legal notice to the consignor of the refusal. If the consignor does not, within three (3) days thereafter, give directions for reshipment, unloading, or other disposition of the goods, he or she shall become liable to the carrier for storage on the goods, or demurrage upon the cars in which they are stored, to the same extent and at the same rates as such charges are, under like circumstances, imposed upon consignees who neglect or refuse, after notice of arrival, to remove freight of like character from the depots or cars of the carrier by this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 - 23-10-427 , and 23-10-429 - 23-10-431 .

(b) A consignee who has once refused to accept a consignment of goods shall not thereafter be entitled to receive the consignment of goods, except upon payment of all charges for storage or demurrage which have accrued.

(c) If the consignee of freight in carloads or less than carloads fails or neglects to remove the freight within three (3) days after the expiration of free time, then the carrier shall, through the agent at point of shipment, so notify the shipper unless the consignee has signified his or her acceptance of the property. The notice may either be served personally or given by mail.

Acts 1907, No. 193, § 14, p. 453; C. & M. Dig., § 909; Pope's Dig., § 1113; A.S.A. 1947, § 73-1323.
Ark. Code Ann. § 23-115-105 — AR Code / Title 23 / Chapter 115 / Subchapter 1 / Section 23-115-105
Data sharing with Department of Human Services
Status: in_force

The Office of the Arkansas Lottery and the Arkansas Racing Commission shall enter into a data matching agreement with the Department of Human Services for purposes under §§ 20-76-215 and 20-77-2104 . Added by Act 2021, No. 780,§ 5, eff. 7/28/2021.

The Office of the Arkansas Lottery and the Arkansas Racing Commission shall enter into a data matching agreement with the Department of Human Services for purposes under §§ 20-76-215 and 20-77-2104 .

Added by Act 2021, No. 780,§ 5, eff. 7/28/2021.
Ark. Code Ann. § 23-18-322 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-322
Executive committee
Status: in_force

(a) Any corporation by its bylaws may provide for an executive committee to be elected from and by its board of directors. (b) The management of the current and ordinary business of the corporation and such other duties as the bylaws may prescribe may be delegated to the committee, but the designation of the committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him or her by this subchapter. Acts 1937, No. 342, § 24; Pope's Dig., § 2338; A.S.A. 1947, § 77-1124.

(a) Any corporation by its bylaws may provide for an executive committee to be elected from and by its board of directors.

(b) The management of the current and ordinary business of the corporation and such other duties as the bylaws may prescribe may be delegated to the committee, but the designation of the committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him or her by this subchapter.

Acts 1937, No. 342, § 24; Pope's Dig., § 2338; A.S.A. 1947, § 77-1124.
Ark. Code Ann. § 23-81-402 — AR Code / Title 23 / Chapter 81 / Subchapter 4 / Section 23-81-402
Provisions for allocation of income
Status: in_force

A domestic life insurance company may establish one (1) or more separate accounts and may allocate thereto amounts including, without limitation, proceeds applied under optional modes of settlement or under dividend options to provide for life insurance or annuities, and benefits incidental thereto, payable in fixed or variable amounts, or subject to a market value adjustment as provided in rules adopted by the Insurance Commissioner, subject to the following: (1) The income, gains, and losses, realized or unrealized, from assets allocated to a separate account shall be credited to or charged against the account without regard to other income, gains, or losses of the company or to any other separate account of the company; (2) Except as may be provided with respect to reserves for guaranteed benefits and funds referred to in subdivision (3) of this section, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations prescribed by the laws of this state governing the investments of life insurance companies. The investments in the separate accounts shall not be considered when applying the investment limitations otherwise applicable to the investments of the company; (3) Except with the approval of the commissioner and under such conditions as to investments and other matters as the commissioner may prescribe which shall recognize the guaranteed nature of the benefits provided, reserves for benefits guaranteed as to dollar amount and duration and funds guaranteed as to principal amount or stated rate of interest shall not be maintained in a separate account; (4) (A) Unless otherwise approved by the commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation, with the exception of separate accounts supporting modified guaranteed annuities which shall be valued as provided in such rules as the commissioner shall adopt, or, if there is no readily available market, then as provided under the terms of the contract or the rules or other written agreement applicable to the separate account. (B) However, unless approved by the commissioner, the portion of any of the assets of the separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subdivision (3) of this section shall be valued in accordance with the rules otherwise applicable to the company's assets; (5) (A) Amounts allocated to a separate account in the exercise of the power granted by this subchapter shall be owned by the company. The company shall not be, nor hold itself out to be, a trustee with respect to the amounts. (B) (i) If and to the extent so provided under the applicable contracts, that portion of the assets of any such separate account equal to the reserves and other contract liabilities with respect to the account shall not be chargeable with liabilities arising out of any other business the company may conduct. (ii) However, in no event shall the assets in a separate account for support of modified guaranteed annuity contracts subject to a market adjustment as provided in this section be immune from liabilities arising out of any other business the company conducts; (6) (A) No sale, exchange, or other transfer of assets may be made by a company between any of its separate accounts or between any other investment account and one (1) or more of its separate accounts unless, in case of a transfer into a separate account, the transfer is made solely to establish the account or to support the operation of the contracts with respect to the separate account to which the transfer is made, and unless such a transfer, whether into or from a separate account, is made by a transfer of cash or by a transfer of securities having a readily determinable market value, provided that the transfer of securities is approved by the commissioner. (B) The commissioner may approve other transfers among accounts if, in the commissioner's opinion, the transfers would not be inequitable; and (7) To the extent the company deems it necessary to comply with any applicable federal or state laws, the company, with respect to any separate account, including, without limitation, any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein appropriate voting and other rights and special procedures for the conduct of the business of the account, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of independent public accountants, and the selection of a committee, the members of which need not be otherwise affiliated with the company, to manage the business of the account. Amended by Act 2019, No. 315,§ 2731, eff. 7/24/2019. Acts 1975, No. 728, § 1; A.S.A. 1947, § 66-3337; Acts 1993, No. 901, § 41.

A domestic life insurance company may establish one (1) or more separate accounts and may allocate thereto amounts including, without limitation, proceeds applied under optional modes of settlement or under dividend options to provide for life insurance or annuities, and benefits incidental thereto, payable in fixed or variable amounts, or subject to a market value adjustment as provided in rules adopted by the Insurance Commissioner, subject to the following:

(1) The income, gains, and losses, realized or unrealized, from assets allocated to a separate account shall be credited to or charged against the account without regard to other income, gains, or losses of the company or to any other separate account of the company;

(2) Except as may be provided with respect to reserves for guaranteed benefits and funds referred to in subdivision (3) of this section, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any requirements or limitations prescribed by the laws of this state governing the investments of life insurance companies. The investments in the separate accounts shall not be considered when applying the investment limitations otherwise applicable to the investments of the company;

(3) Except with the approval of the commissioner and under such conditions as to investments and other matters as the commissioner may prescribe which shall recognize the guaranteed nature of the benefits provided, reserves for benefits guaranteed as to dollar amount and duration and funds guaranteed as to principal amount or stated rate of interest shall not be maintained in a separate account;

(4) (A) Unless otherwise approved by the commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation, with the exception of separate accounts supporting modified guaranteed annuities which shall be valued as provided in such rules as the commissioner shall adopt, or, if there is no readily available market, then as provided under the terms of the contract or the rules or other written agreement applicable to the separate account. (B) However, unless approved by the commissioner, the portion of any of the assets of the separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subdivision (3) of this section shall be valued in accordance with the rules otherwise applicable to the company's assets;

(A) Unless otherwise approved by the commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation, with the exception of separate accounts supporting modified guaranteed annuities which shall be valued as provided in such rules as the commissioner shall adopt, or, if there is no readily available market, then as provided under the terms of the contract or the rules or other written agreement applicable to the separate account.

(B) However, unless approved by the commissioner, the portion of any of the assets of the separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subdivision (3) of this section shall be valued in accordance with the rules otherwise applicable to the company's assets;

(5) (A) Amounts allocated to a separate account in the exercise of the power granted by this subchapter shall be owned by the company. The company shall not be, nor hold itself out to be, a trustee with respect to the amounts. (B) (i) If and to the extent so provided under the applicable contracts, that portion of the assets of any such separate account equal to the reserves and other contract liabilities with respect to the account shall not be chargeable with liabilities arising out of any other business the company may conduct. (ii) However, in no event shall the assets in a separate account for support of modified guaranteed annuity contracts subject to a market adjustment as provided in this section be immune from liabilities arising out of any other business the company conducts;

(A) Amounts allocated to a separate account in the exercise of the power granted by this subchapter shall be owned by the company. The company shall not be, nor hold itself out to be, a trustee with respect to the amounts.

(B) (i) If and to the extent so provided under the applicable contracts, that portion of the assets of any such separate account equal to the reserves and other contract liabilities with respect to the account shall not be chargeable with liabilities arising out of any other business the company may conduct. (ii) However, in no event shall the assets in a separate account for support of modified guaranteed annuity contracts subject to a market adjustment as provided in this section be immune from liabilities arising out of any other business the company conducts;

(i) If and to the extent so provided under the applicable contracts, that portion of the assets of any such separate account equal to the reserves and other contract liabilities with respect to the account shall not be chargeable with liabilities arising out of any other business the company may conduct.

(ii) However, in no event shall the assets in a separate account for support of modified guaranteed annuity contracts subject to a market adjustment as provided in this section be immune from liabilities arising out of any other business the company conducts;

(6) (A) No sale, exchange, or other transfer of assets may be made by a company between any of its separate accounts or between any other investment account and one (1) or more of its separate accounts unless, in case of a transfer into a separate account, the transfer is made solely to establish the account or to support the operation of the contracts with respect to the separate account to which the transfer is made, and unless such a transfer, whether into or from a separate account, is made by a transfer of cash or by a transfer of securities having a readily determinable market value, provided that the transfer of securities is approved by the commissioner. (B) The commissioner may approve other transfers among accounts if, in the commissioner's opinion, the transfers would not be inequitable; and

(A) No sale, exchange, or other transfer of assets may be made by a company between any of its separate accounts or between any other investment account and one (1) or more of its separate accounts unless, in case of a transfer into a separate account, the transfer is made solely to establish the account or to support the operation of the contracts with respect to the separate account to which the transfer is made, and unless such a transfer, whether into or from a separate account, is made by a transfer of cash or by a transfer of securities having a readily determinable market value, provided that the transfer of securities is approved by the commissioner.

(B) The commissioner may approve other transfers among accounts if, in the commissioner's opinion, the transfers would not be inequitable; and

(7) To the extent the company deems it necessary to comply with any applicable federal or state laws, the company, with respect to any separate account, including, without limitation, any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein appropriate voting and other rights and special procedures for the conduct of the business of the account, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of independent public accountants, and the selection of a committee, the members of which need not be otherwise affiliated with the company, to manage the business of the account.

Amended by Act 2019, No. 315,§ 2731, eff. 7/24/2019.

Acts 1975, No. 728, § 1; A.S.A. 1947, § 66-3337; Acts 1993, No. 901, § 41.
Ark. Code Ann. § 23-47-804 — AR Code / Title 23 / Chapter 47 / Subchapter 8 / Section 23-47-804
Removal of accounts from operation of substitution agreement - Denial of substitution
Status: in_force

(a) A fiduciary account may be removed from the operation of the agreement by an amendment to the agreement filed with the Bank Commissioner before the effective date stated in the agreement. (b) The substitution of a subsidiary trust company or national trust company as fiduciary of an account may be denied if the court having jurisdiction, on notice and hearing, determines that the substitution of fiduciary is a material detriment to the account or to the beneficiaries of the account. (c) Subsection (b) of this section is cumulative to any applicable provision for removal of a fiduciary or appointment of a successor fiduciary under Arkansas law or in the instrument creating the fiduciary relationship. (d) In any proceeding under this section, the court may award costs and reasonable and necessary attorney's fees as the court considers equitable and just. Acts 1997, No. 89, § 1.

(a) A fiduciary account may be removed from the operation of the agreement by an amendment to the agreement filed with the Bank Commissioner before the effective date stated in the agreement.

(b) The substitution of a subsidiary trust company or national trust company as fiduciary of an account may be denied if the court having jurisdiction, on notice and hearing, determines that the substitution of fiduciary is a material detriment to the account or to the beneficiaries of the account.

(c) Subsection (b) of this section is cumulative to any applicable provision for removal of a fiduciary or appointment of a successor fiduciary under Arkansas law or in the instrument creating the fiduciary relationship.

(d) In any proceeding under this section, the court may award costs and reasonable and necessary attorney's fees as the court considers equitable and just.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-118-101 — AR Code / Title 23 / Chapter 118 / Section 23-118-101
Legislative findings
Status: in_force

(a) The General Assembly finds that a paid esports tournament conducted in compliance with this chapter does not constitute gambling for any purpose. (b) Paid and nonpaid esports tournaments conducted in compliance with this chapter are exempt from § 5-66-101 et seq. (c) Income earned by esports tournament competitors or esports tournament organizers as a result of a paid esports tournament is taxable under the Income Tax Act of 1929, § 26-51-101 et seq. Added by Act 2023, No. 439,§ 1, eff. 8/1/2023.

(a) The General Assembly finds that a paid esports tournament conducted in compliance with this chapter does not constitute gambling for any purpose.

(b) Paid and nonpaid esports tournaments conducted in compliance with this chapter are exempt from § 5-66-101 et seq.

(c) Income earned by esports tournament competitors or esports tournament organizers as a result of a paid esports tournament is taxable under the Income Tax Act of 1929, § 26-51-101 et seq.

Added by Act 2023, No. 439,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-81-704 — AR Code / Title 23 / Chapter 81 / Subchapter 7 / Section 23-81-704
Approval of transfers of structured settlement payment rights
Status: in_force

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by the court or responsible administrative authority that: (1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents; (2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and (3) The transfer does not contravene any applicable statute or the order of any court or other government authority. Acts 2005, No. 2215, § 1.

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by the court or responsible administrative authority that:

(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and

(3) The transfer does not contravene any applicable statute or the order of any court or other government authority.

Acts 2005, No. 2215, § 1.
Ark. Code Ann. § 23-99-1801 — AR Code / Title 23 / Chapter 99 / Subchapter 18 / Section 23-99-1801
Definitions
Status: in_force

As used in this subchapter: (1) "Enrollee" means an individual who is entitled to receive healthcare services under the terms of a health benefit plan; (2) "Ground ambulance services" means services authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas; (3) "Ground ambulance service provider" means an entity that provides ambulance transportation and emergency medical services to a patient; (4) (A) "Health benefit plan" means a plan, policy, contract, certificate, agreement, or other evidence of coverage for healthcare services offered, issued, renewed, or extended in this state by a healthcare insurer. (B) "Health benefit plan" includes nonfederal governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2023. (C) "Health benefit plan" does not include: (i) A disability income plan; (ii) A credit insurance plan; (iii) Insurance coverage issued as a supplement to liability insurance; (iv) A medical payment under automobile or homeowners insurance plans; (v) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vi) A plan that provides only indemnity for hospital confinement; (vii) An accident-only plan; (viii) A specified disease plan; (ix) A long-term-care-only plan; (x) A dental-only plan; (xi) A vision-only plan; (xii) Medicaid; or (xiii) A state or local governmental employee plan; and (5) (A) "Healthcare insurer" means an entity that is subject to state insurance regulation and provides coverage for health benefits in this state. (B) "Healthcare insurer" includes: (i) An insurance company; (ii) A health maintenance organization; (iii) A hospital and medical service corporation; (iv) A risk-based provider organization; and (v) A sponsor of a nonfederal self-funded governmental plan. Added by Act 2023, No. 597,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Enrollee" means an individual who is entitled to receive healthcare services under the terms of a health benefit plan;

(2) "Ground ambulance services" means services authorized and licensed by the Department of Health to provide care and transportation of patients upon the streets and highways of Arkansas;

(3) "Ground ambulance service provider" means an entity that provides ambulance transportation and emergency medical services to a patient;

(4) (A) "Health benefit plan" means a plan, policy, contract, certificate, agreement, or other evidence of coverage for healthcare services offered, issued, renewed, or extended in this state by a healthcare insurer. (B) "Health benefit plan" includes nonfederal governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2023. (C) "Health benefit plan" does not include: (i) A disability income plan; (ii) A credit insurance plan; (iii) Insurance coverage issued as a supplement to liability insurance; (iv) A medical payment under automobile or homeowners insurance plans; (v) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vi) A plan that provides only indemnity for hospital confinement; (vii) An accident-only plan; (viii) A specified disease plan; (ix) A long-term-care-only plan; (x) A dental-only plan; (xi) A vision-only plan; (xii) Medicaid; or (xiii) A state or local governmental employee plan; and

(A) "Health benefit plan" means a plan, policy, contract, certificate, agreement, or other evidence of coverage for healthcare services offered, issued, renewed, or extended in this state by a healthcare insurer.

(B) "Health benefit plan" includes nonfederal governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2023.

(C) "Health benefit plan" does not include: (i) A disability income plan; (ii) A credit insurance plan; (iii) Insurance coverage issued as a supplement to liability insurance; (iv) A medical payment under automobile or homeowners insurance plans; (v) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vi) A plan that provides only indemnity for hospital confinement; (vii) An accident-only plan; (viii) A specified disease plan; (ix) A long-term-care-only plan; (x) A dental-only plan; (xi) A vision-only plan; (xii) Medicaid; or (xiii) A state or local governmental employee plan; and

(i) A disability income plan;

(ii) A credit insurance plan;

(iii) Insurance coverage issued as a supplement to liability insurance;

(iv) A medical payment under automobile or homeowners insurance plans;

(v) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(vi) A plan that provides only indemnity for hospital confinement;

(vii) An accident-only plan;

(viii) A specified disease plan;

(ix) A long-term-care-only plan;

(x) A dental-only plan;

(xi) A vision-only plan;

(xii) Medicaid; or

(xiii) A state or local governmental employee plan; and

(5) (A) "Healthcare insurer" means an entity that is subject to state insurance regulation and provides coverage for health benefits in this state. (B) "Healthcare insurer" includes: (i) An insurance company; (ii) A health maintenance organization; (iii) A hospital and medical service corporation; (iv) A risk-based provider organization; and (v) A sponsor of a nonfederal self-funded governmental plan.

(A) "Healthcare insurer" means an entity that is subject to state insurance regulation and provides coverage for health benefits in this state.

(B) "Healthcare insurer" includes: (i) An insurance company; (ii) A health maintenance organization; (iii) A hospital and medical service corporation; (iv) A risk-based provider organization; and (v) A sponsor of a nonfederal self-funded governmental plan.

(i) An insurance company;

(ii) A health maintenance organization;

(iii) A hospital and medical service corporation;

(iv) A risk-based provider organization; and

(v) A sponsor of a nonfederal self-funded governmental plan.

Added by Act 2023, No. 597,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-4-617 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-617
Railroads - Passengers without tickets
Status: in_force

All passengers who may fail to procure regular fare tickets shall be transported over all railroads in this state at the same rate and price charged for regular fare tickets for the same service. Acts 1887, No. 129, § 1, p. 227; C. & M. Dig., § 883; Pope's Dig., § 1085; A.S.A. 1947, § 73-1417.

All passengers who may fail to procure regular fare tickets shall be transported over all railroads in this state at the same rate and price charged for regular fare tickets for the same service.

Acts 1887, No. 129, § 1, p. 227; C. & M. Dig., § 883; Pope's Dig., § 1085; A.S.A. 1947, § 73-1417.
Ark. Code Ann. § 23-37-306 — AR Code / Title 23 / Chapter 37 / Subchapter 3 / Section 23-37-306
Mutual associations - Expense fund requirement
Status: in_force

(a) In addition to the savings account subscriptions required by this chapter, the incorporators of a mutual association must show to the satisfaction of the Supervisor of Savings and Loan Associations that an expense fund has been subscribed and paid in to the credit of the proposed association equal to not less than one-third (1/3) of the required savings accounts, from which expense fund the expenses of organizing the association and its operating expenses, in addition to such dividends as may be declared and paid or credited to its savings account holders, may be paid until such time as its earnings are sufficient to pay them. (b) The amount so contributed to the expense fund shall not constitute a liability of the association except as provided in this section. (c) (1) The contributions may be repaid pro rata to the contributors from the net earnings of the association after provision for required loss reserve and payment of dividends declared on savings accounts. (2) In case of a liquidation of an association before contributions to the expense fund have been repaid, any contributions to the expense fund remaining unexpended after payment of all creditors, the expenses of liquidation, and the withdrawal value of all savings accounts shall be paid pro rata to the contributors. (d) Contributors to the expense fund shall be paid dividends, and for such purposes their contributions shall be considered as savings accounts of the association. Acts 1963, No. 227, § 22; A.S.A. 1947, § 67-1822.

(a) In addition to the savings account subscriptions required by this chapter, the incorporators of a mutual association must show to the satisfaction of the Supervisor of Savings and Loan Associations that an expense fund has been subscribed and paid in to the credit of the proposed association equal to not less than one-third (1/3) of the required savings accounts, from which expense fund the expenses of organizing the association and its operating expenses, in addition to such dividends as may be declared and paid or credited to its savings account holders, may be paid until such time as its earnings are sufficient to pay them.

(b) The amount so contributed to the expense fund shall not constitute a liability of the association except as provided in this section.

(c) (1) The contributions may be repaid pro rata to the contributors from the net earnings of the association after provision for required loss reserve and payment of dividends declared on savings accounts. (2) In case of a liquidation of an association before contributions to the expense fund have been repaid, any contributions to the expense fund remaining unexpended after payment of all creditors, the expenses of liquidation, and the withdrawal value of all savings accounts shall be paid pro rata to the contributors.

(1) The contributions may be repaid pro rata to the contributors from the net earnings of the association after provision for required loss reserve and payment of dividends declared on savings accounts.

(2) In case of a liquidation of an association before contributions to the expense fund have been repaid, any contributions to the expense fund remaining unexpended after payment of all creditors, the expenses of liquidation, and the withdrawal value of all savings accounts shall be paid pro rata to the contributors.

(d) Contributors to the expense fund shall be paid dividends, and for such purposes their contributions shall be considered as savings accounts of the association.

Acts 1963, No. 227, § 22; A.S.A. 1947, § 67-1822.
Ark. Code Ann. § 23-55-803 — AR Code / Title 23 / Chapter 55 / Section 23-55-803
Orders to cease and desist
Status: in_force

(a) If the Securities Commissioner determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or any other person is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation or cause insolvency or significant dissipation of assets of the licensee, the commissioner may issue a summary order requiring the licensee, authorized delegate, or any other person to cease and desist from the violation. The order becomes effective upon service of it upon the licensee, authorized delegate, or any other person. (b) The commissioner may issue a summary order against a licensee to cease and desist from providing money services through an authorized delegate that is the subject of a separate order by the commissioner. (c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to § 23-55-901 or § 23-55-902 and the entry of a subsequent order to affirm, modify, or vacate the order by the commissioner. Acts 2007, No. 1595, § 1; 2009, No. 486, § 17.

(a) If the Securities Commissioner determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or any other person is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation or cause insolvency or significant dissipation of assets of the licensee, the commissioner may issue a summary order requiring the licensee, authorized delegate, or any other person to cease and desist from the violation. The order becomes effective upon service of it upon the licensee, authorized delegate, or any other person.

(b) The commissioner may issue a summary order against a licensee to cease and desist from providing money services through an authorized delegate that is the subject of a separate order by the commissioner.

(c) An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to § 23-55-901 or § 23-55-902 and the entry of a subsequent order to affirm, modify, or vacate the order by the commissioner.

Acts 2007, No. 1595, § 1; 2009, No. 486, § 17.
Ark. Code Ann. § 23-63-1509 — AR Code / Title 23 / Chapter 63 / Subchapter 15 / Section 23-63-1509
Supplemental provisions - Rules - Exemption
Status: in_force

(a) The provisions of this subchapter are supplemental to the other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Insurance Commissioner under those laws. (b) The commissioner may adopt reasonable rules necessary for the implementation of this subchapter. (c) The commissioner may exempt from the application of this subchapter: (1) A domestic health organization that: (A) Writes direct business only in this state; (B) Assumes no reinsurance in excess of five percent (5%) of direct premium written; and (C) Writes direct annual premiums for comprehensive medical business of two million dollars ($2,000,000) or less; or (2) A domestic health organization that is a limited benefit health maintenance organization. Acts 1999, No. 580, § 9; 2011, No. 760, § 5.

(a) The provisions of this subchapter are supplemental to the other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Insurance Commissioner under those laws.

(b) The commissioner may adopt reasonable rules necessary for the implementation of this subchapter.

(c) The commissioner may exempt from the application of this subchapter: (1) A domestic health organization that: (A) Writes direct business only in this state; (B) Assumes no reinsurance in excess of five percent (5%) of direct premium written; and (C) Writes direct annual premiums for comprehensive medical business of two million dollars ($2,000,000) or less; or (2) A domestic health organization that is a limited benefit health maintenance organization.

(1) A domestic health organization that: (A) Writes direct business only in this state; (B) Assumes no reinsurance in excess of five percent (5%) of direct premium written; and (C) Writes direct annual premiums for comprehensive medical business of two million dollars ($2,000,000) or less; or

(A) Writes direct business only in this state;

(B) Assumes no reinsurance in excess of five percent (5%) of direct premium written; and

(C) Writes direct annual premiums for comprehensive medical business of two million dollars ($2,000,000) or less; or

(2) A domestic health organization that is a limited benefit health maintenance organization.

Acts 1999, No. 580, § 9; 2011, No. 760, § 5.
Ark. Code Ann. § 23-99-1703 — AR Code / Title 23 / Chapter 99 / Subchapter 17 / Section 23-99-1703
Contracts
Status: in_force

(a) An ambulance provider may contract directly or indirectly with a contracting entity as a network provider of ambulance services. (b) An ambulance provider shall not be required to participate as an in-network provider of a transportation benefit manager. Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.

(a) An ambulance provider may contract directly or indirectly with a contracting entity as a network provider of ambulance services.

(b) An ambulance provider shall not be required to participate as an in-network provider of a transportation benefit manager.

Added by Act 2023, No. 578,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-12-1001 — AR Code / Title 23 / Chapter 12 / Subchapter 10 / Section 23-12-1001
Title
Status: in_force

This subchapter may be referred to as the "Railroad Safety and Regulatory Act of 1993". Acts 1993, No. 726, § 2.

This subchapter may be referred to as the "Railroad Safety and Regulatory Act of 1993".

Acts 1993, No. 726, § 2.
Ark. Code Ann. § 23-36-106 — AR Code / Title 23 / Chapter 36 / Section 23-36-106
Statement on call
Status: in_force

(a) Every industrial loan institution operating under the supervision of the Bank Commissioner shall make to the commissioner, whenever required by him or her, a statement of its assets and liabilities at the close of business on the day designated, which day shall be prior to the call of the commissioner. (b) The commissioner shall give no notice to any person whatever of the date on which he or she will call for the statement. (c) The report shall be verified by the oath of either the president, vice president, cashier, or secretary of the institution, and, in addition thereto, it shall be attested to by not fewer than two (2) directors. Acts 1941, No. 111, § 17; A.S.A. 1947, § 67-1017.

(a) Every industrial loan institution operating under the supervision of the Bank Commissioner shall make to the commissioner, whenever required by him or her, a statement of its assets and liabilities at the close of business on the day designated, which day shall be prior to the call of the commissioner.

(b) The commissioner shall give no notice to any person whatever of the date on which he or she will call for the statement.

(c) The report shall be verified by the oath of either the president, vice president, cashier, or secretary of the institution, and, in addition thereto, it shall be attested to by not fewer than two (2) directors.

Acts 1941, No. 111, § 17; A.S.A. 1947, § 67-1017.
Ark. Code Ann. § 23-3-604 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-604
Rates and tariffs
Status: in_force

(a) (1) Once an extension project that has been granted a certificate is placed into service and is used and useful, the gas utility may collect the excess expenditures through a rate or surcharge approved by the Arkansas Public Service Commission. The tariff and rate filing made at the time of the certificate application shall include estimated excess expenditures upon which the commission may grant the certificate. (2) The commission may subsequently modify the previously approved rates in any reasonable manner if the actual total costs and excess expenditures differ significantly from the estimated total costs and excess expenditures. (3) If the actual total costs and excess expenditures significantly exceed the estimated costs and excess expenditures and the difference is caused by imprudence or other unsatisfactory causes, the commission may disallow recovery of a portion of the actual excess expenditures in the approved rates. (b) The rate or surcharge implemented under this section remains effective until the implementation of new rate schedules in connection with the next general rate filing of the gas utility wherein such extension project investments can be included in the gas utility's base rate schedules. (c) The rate or surcharge for each class of customer shall be determined consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 4.

(a) (1) Once an extension project that has been granted a certificate is placed into service and is used and useful, the gas utility may collect the excess expenditures through a rate or surcharge approved by the Arkansas Public Service Commission. The tariff and rate filing made at the time of the certificate application shall include estimated excess expenditures upon which the commission may grant the certificate. (2) The commission may subsequently modify the previously approved rates in any reasonable manner if the actual total costs and excess expenditures differ significantly from the estimated total costs and excess expenditures. (3) If the actual total costs and excess expenditures significantly exceed the estimated costs and excess expenditures and the difference is caused by imprudence or other unsatisfactory causes, the commission may disallow recovery of a portion of the actual excess expenditures in the approved rates.

(1) Once an extension project that has been granted a certificate is placed into service and is used and useful, the gas utility may collect the excess expenditures through a rate or surcharge approved by the Arkansas Public Service Commission. The tariff and rate filing made at the time of the certificate application shall include estimated excess expenditures upon which the commission may grant the certificate.

(2) The commission may subsequently modify the previously approved rates in any reasonable manner if the actual total costs and excess expenditures differ significantly from the estimated total costs and excess expenditures.

(3) If the actual total costs and excess expenditures significantly exceed the estimated costs and excess expenditures and the difference is caused by imprudence or other unsatisfactory causes, the commission may disallow recovery of a portion of the actual excess expenditures in the approved rates.

(b) The rate or surcharge implemented under this section remains effective until the implementation of new rate schedules in connection with the next general rate filing of the gas utility wherein such extension project investments can be included in the gas utility's base rate schedules.

(c) The rate or surcharge for each class of customer shall be determined consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges.

Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.

Acts 1987, No. 150, § 4.
Ark. Code Ann. § 23-18-325 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-325
Dissolution
Status: in_force

(a) Any corporation may dissolve by majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose. (b) A certificate of dissolution shall be signed by the president or vice president and attested by the secretary certifying to the dissolution and stating that they have been authorized to execute and file the certificate by vote cast in person or by proxy by a majority of the members of the corporation. (c) A certificate of dissolution shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this subchapter. (d) As soon as the Secretary of State has accepted the certificate of dissolution for filing and recording and issued a certificate of dissolution, the corporation shall be deemed to be dissolved. (e) (1) However, the corporation shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations, collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs. The corporation may sue and be sued in its corporate name. (2) Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution. (f) (1) Any corporation which purports to have been incorporated or reincorporated under this subchapter but which has not complied with all of the requirements for legal corporate existence may nevertheless file a certificate of dissolution in the same manner as a validly existing corporation. (2) The certificate of dissolution, in such a case, may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten (10) days' notice mailed to the last known post office address of each incorporator or director and held at the principal office of the corporation named in the articles of incorporation. Acts 1937, No. 342, § 28; Pope's Dig., § 2342; A.S.A. 1947, § 77-1128.

(a) Any corporation may dissolve by majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose.

(b) A certificate of dissolution shall be signed by the president or vice president and attested by the secretary certifying to the dissolution and stating that they have been authorized to execute and file the certificate by vote cast in person or by proxy by a majority of the members of the corporation.

(c) A certificate of dissolution shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this subchapter.

(d) As soon as the Secretary of State has accepted the certificate of dissolution for filing and recording and issued a certificate of dissolution, the corporation shall be deemed to be dissolved.

(e) (1) However, the corporation shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations, collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs. The corporation may sue and be sued in its corporate name. (2) Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution.

(1) However, the corporation shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations, collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs. The corporation may sue and be sued in its corporate name.

(2) Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution.

(f) (1) Any corporation which purports to have been incorporated or reincorporated under this subchapter but which has not complied with all of the requirements for legal corporate existence may nevertheless file a certificate of dissolution in the same manner as a validly existing corporation. (2) The certificate of dissolution, in such a case, may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten (10) days' notice mailed to the last known post office address of each incorporator or director and held at the principal office of the corporation named in the articles of incorporation.

(1) Any corporation which purports to have been incorporated or reincorporated under this subchapter but which has not complied with all of the requirements for legal corporate existence may nevertheless file a certificate of dissolution in the same manner as a validly existing corporation.

(2) The certificate of dissolution, in such a case, may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten (10) days' notice mailed to the last known post office address of each incorporator or director and held at the principal office of the corporation named in the articles of incorporation.

Acts 1937, No. 342, § 28; Pope's Dig., § 2342; A.S.A. 1947, § 77-1128.
Ark. Code Ann. § 23-10-406 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-406
Penalties for violations of sections 23-10-402, 23-10-403, 23-10-405, and 23-10-409 - 23-10-431, or rules of department - Actions to recover
Status: in_force

(a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in § 23-10-402 or its employees or agents violate any of the provisions of §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , or aid or abet therein, or violate the tariff of charges or the rules of the Arkansas Department of Transportation as fixed by the department regarding railroad companies upon furnishing cars upon application of shippers, and regarding transportation, delivery, and storage of freight, forbidden pooling, discrimination, rebate, drawback, or other similar device, either directly or indirectly, or regarding any of the rules made by the department based upon §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , and for which there is no other penalty prescribed in §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , then the person, corporation, receiver, trustee, lessee, or any other person or corporation as defined in § 23-10-402 shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , or of such rules of the department based upon §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 . (b) (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur. (2) (A) The department shall institute an action for the recovery of the penalties prescribed in §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department shall employ some other competent attorney at law to bring the suit who shall be allowed a fee to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere. (3) No such suits shall be dismissed or compromised without the consent of the court and the department. (c) Nothing in this section shall be so construed as to interfere in any manner with the action for damages as provided in § 23-10-431 . Amended by Act 2019, No. 315,§ 2399, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 146, eff. 8/1/2017. Acts 1907, No. 193, § 22, p. 453; C. & M. Dig., § 914; Pope's Dig., § 1118; A.S.A. 1947, § 73-1329.

(a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in § 23-10-402 or its employees or agents violate any of the provisions of §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , or aid or abet therein, or violate the tariff of charges or the rules of the Arkansas Department of Transportation as fixed by the department regarding railroad companies upon furnishing cars upon application of shippers, and regarding transportation, delivery, and storage of freight, forbidden pooling, discrimination, rebate, drawback, or other similar device, either directly or indirectly, or regarding any of the rules made by the department based upon §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , and for which there is no other penalty prescribed in §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , then the person, corporation, receiver, trustee, lessee, or any other person or corporation as defined in § 23-10-402 shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 , or of such rules of the department based upon §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 .

(b) (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur. (2) (A) The department shall institute an action for the recovery of the penalties prescribed in §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department shall employ some other competent attorney at law to bring the suit who shall be allowed a fee to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere. (3) No such suits shall be dismissed or compromised without the consent of the court and the department.

(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur.

(2) (A) The department shall institute an action for the recovery of the penalties prescribed in §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department shall employ some other competent attorney at law to bring the suit who shall be allowed a fee to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.

(A) The department shall institute an action for the recovery of the penalties prescribed in §§ 23-10-402 , 23-10-403 , 23-10-405 , and 23-10-409 - 23-10-431 through the prosecuting attorney of the proper district.

(B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.

(C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department shall employ some other competent attorney at law to bring the suit who shall be allowed a fee to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.

(3) No such suits shall be dismissed or compromised without the consent of the court and the department.

(c) Nothing in this section shall be so construed as to interfere in any manner with the action for damages as provided in § 23-10-431 .

Amended by Act 2019, No. 315,§ 2399, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 146, eff. 8/1/2017.

Acts 1907, No. 193, § 22, p. 453; C. & M. Dig., § 914; Pope's Dig., § 1118; A.S.A. 1947, § 73-1329.
Ark. Code Ann. § 23-99-1117 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1117
Standardized form required for prescription drug benefits
Status: in_force

(a) On and after January 1, 2017, to establish uniformity in the submission of prior authorization forms for prescription drugs, a utilization review entity shall utilize only a single standardized prior authorization form for obtaining approval in written or electronic form for prescription drug benefits. (b) A utilization review entity may make the form required under subsection (a) of this section accessible through multiple computer operating systems. (c) The form required under subsection (a) of this section shall: (1) Not exceed two (2) pages; and (2) Be designed to be submitted electronically from a prescribing provider to a utilization review entity. (d) This section does not prohibit prior authorization by verbal means without a form. (e) If a utilization review entity fails to use or accept the form developed under this section or fails to respond as soon as reasonably possible, but no later than seventy-two (72) hours, after receipt of a completed prior authorization request using the form developed under this section, the prior authorization request is deemed authorized or approved. (f) (1) On and after January 1, 2017, each utilization review entity shall submit its prior authorization form to the State Insurance Department to be kept on file. (2) A copy of a subsequent replacement or modification of a utilization review entity's prior authorization form shall be filed with the department within fifteen (15) days before the form is used or before implementation of the replacement or modification. Added by Act 2017, No. 815,§ 12, eff. 8/1/2017.

(a) On and after January 1, 2017, to establish uniformity in the submission of prior authorization forms for prescription drugs, a utilization review entity shall utilize only a single standardized prior authorization form for obtaining approval in written or electronic form for prescription drug benefits.

(b) A utilization review entity may make the form required under subsection (a) of this section accessible through multiple computer operating systems.

(c) The form required under subsection (a) of this section shall: (1) Not exceed two (2) pages; and (2) Be designed to be submitted electronically from a prescribing provider to a utilization review entity.

(1) Not exceed two (2) pages; and

(2) Be designed to be submitted electronically from a prescribing provider to a utilization review entity.

(d) This section does not prohibit prior authorization by verbal means without a form.

(e) If a utilization review entity fails to use or accept the form developed under this section or fails to respond as soon as reasonably possible, but no later than seventy-two (72) hours, after receipt of a completed prior authorization request using the form developed under this section, the prior authorization request is deemed authorized or approved.

(f) (1) On and after January 1, 2017, each utilization review entity shall submit its prior authorization form to the State Insurance Department to be kept on file. (2) A copy of a subsequent replacement or modification of a utilization review entity's prior authorization form shall be filed with the department within fifteen (15) days before the form is used or before implementation of the replacement or modification.

(1) On and after January 1, 2017, each utilization review entity shall submit its prior authorization form to the State Insurance Department to be kept on file.

(2) A copy of a subsequent replacement or modification of a utilization review entity's prior authorization form shall be filed with the department within fifteen (15) days before the form is used or before implementation of the replacement or modification.

Added by Act 2017, No. 815,§ 12, eff. 8/1/2017.
Ark. Code Ann. § 23-35-602 — AR Code / Title 23 / Chapter 35 / Subchapter 6 / Section 23-35-602
Christmas and other thrift clubs
Status: in_force

Christmas clubs, vacation clubs, and other thrift clubs, if provided for the use of members, shall be operated in accordance with such rules as the board of directors of the credit union may prescribe. Amended by Act 2019, No. 315,§ 2488, eff. 7/24/2019. Acts 1971, No. 132, § 20; A.S.A. 1947, § 67-920.

Christmas clubs, vacation clubs, and other thrift clubs, if provided for the use of members, shall be operated in accordance with such rules as the board of directors of the credit union may prescribe.

Amended by Act 2019, No. 315,§ 2488, eff. 7/24/2019.

Acts 1971, No. 132, § 20; A.S.A. 1947, § 67-920.
Ark. Code Ann. § 23-51-114 — AR Code / Title 23 / Chapter 51 / Section 23-51-114
Amendment of state trust company articles of association
Status: in_force

(a) A state trust company that has been granted a charter under § 23-51-109 or a predecessor statute may amend or restate its articles of association for any lawful purpose, including the creation of authorized but unissued shares in one or more classes or series. (b) An amendment authorizing the issuance of shares in series must contain: (1) The designation of each series and of any variations in the preferences, limitations, and relative rights among series to the extent that the preferences, limitations, and relative rights are to be established in the articles of association; and (2) A statement of any authority to be vested in the board to establish series and determine the preferences, limitations, and relative rights of each series. (c) Amendment or restatement of the articles of association of a state trust company and approval of the board and shareholders must be made or obtained in accordance with provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., for the amendment or restatement of articles of incorporation except as otherwise provided by this chapter or rules adopted under this chapter. The original and one (1) copy of the articles of amendment or restated articles of association must be filed with the Bank Commissioner for approval. Unless the submission presents novel or unusual questions, the commissioner shall approve or reject the amendment or restatement within thirty (30) days after the date the commissioner considers the submission informationally complete and accepted for filing. The commissioner may require the submission of additional information as considered necessary to an informed decision to approve or reject any amendment or restatement or articles of association under this section. (d) If the commissioner finds that the amendment or restatement conforms to law and any conditions imposed by the commissioner, and any required filing fee has been paid, the commissioner shall: (1) Endorse the face of the original and copy with the date of approval and the word "Approved"; (2) File the original in the State Bank Department's records; and (3) Deliver a certified copy to the amendment or restatement to the state trust company. (e) An amendment or restatement, if approved, takes effect on the date of approval, unless the amendment or restatement provides for a different effective date. Amended by Act 2019, No. 315,§ 2570, eff. 7/24/2019. Acts 1997, No. 940, § 14.

(a) A state trust company that has been granted a charter under § 23-51-109 or a predecessor statute may amend or restate its articles of association for any lawful purpose, including the creation of authorized but unissued shares in one or more classes or series.

(b) An amendment authorizing the issuance of shares in series must contain: (1) The designation of each series and of any variations in the preferences, limitations, and relative rights among series to the extent that the preferences, limitations, and relative rights are to be established in the articles of association; and (2) A statement of any authority to be vested in the board to establish series and determine the preferences, limitations, and relative rights of each series.

(1) The designation of each series and of any variations in the preferences, limitations, and relative rights among series to the extent that the preferences, limitations, and relative rights are to be established in the articles of association; and

(2) A statement of any authority to be vested in the board to establish series and determine the preferences, limitations, and relative rights of each series.

(c) Amendment or restatement of the articles of association of a state trust company and approval of the board and shareholders must be made or obtained in accordance with provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., for the amendment or restatement of articles of incorporation except as otherwise provided by this chapter or rules adopted under this chapter. The original and one (1) copy of the articles of amendment or restated articles of association must be filed with the Bank Commissioner for approval. Unless the submission presents novel or unusual questions, the commissioner shall approve or reject the amendment or restatement within thirty (30) days after the date the commissioner considers the submission informationally complete and accepted for filing. The commissioner may require the submission of additional information as considered necessary to an informed decision to approve or reject any amendment or restatement or articles of association under this section.

(d) If the commissioner finds that the amendment or restatement conforms to law and any conditions imposed by the commissioner, and any required filing fee has been paid, the commissioner shall: (1) Endorse the face of the original and copy with the date of approval and the word "Approved"; (2) File the original in the State Bank Department's records; and (3) Deliver a certified copy to the amendment or restatement to the state trust company.

(1) Endorse the face of the original and copy with the date of approval and the word "Approved";

(2) File the original in the State Bank Department's records; and

(3) Deliver a certified copy to the amendment or restatement to the state trust company.

(e) An amendment or restatement, if approved, takes effect on the date of approval, unless the amendment or restatement provides for a different effective date.

Amended by Act 2019, No. 315,§ 2570, eff. 7/24/2019.

Acts 1997, No. 940, § 14.
Ark. Code Ann. § 23-63-1701 — AR Code / Title 23 / Chapter 63 / Subchapter 17 / Section 23-63-1701
Short title
Status: in_force

This subchapter may be cited as the "Protected Cell Company Act". Acts 2001, No. 1428, § 1.

This subchapter may be cited as the "Protected Cell Company Act".

Acts 2001, No. 1428, § 1.
Ark. Code Ann. § 23-111-404 — AR Code / Title 23 / Chapter 111 / Subchapter 4 / Section 23-111-404
Application for franchise
Status: in_force

In addition to the information required by §§ 23-111-101 - 23-111-104 , 23-111-201 - 23-111-205 , 23-111-301 - 23-111-308 , 23-111-501 , and 23-111-506 , and 23-111-508 - 23-111-514 , every application filed with the Arkansas Racing Commission for a franchise to conduct dog racing in any county of this state shall set forth the total number of outstanding shares of stock of the applicant corporation and the number of the shares of stock owned or under the control of each of the stockholders of the applicant corporation. Acts 1968 (2nd Ex. Sess.), No. 8, § 1; A.S.A. 1947, § 84-2823.1.

In addition to the information required by §§ 23-111-101 - 23-111-104 , 23-111-201 - 23-111-205 , 23-111-301 - 23-111-308 , 23-111-501 , and 23-111-506 , and 23-111-508 - 23-111-514 , every application filed with the Arkansas Racing Commission for a franchise to conduct dog racing in any county of this state shall set forth the total number of outstanding shares of stock of the applicant corporation and the number of the shares of stock owned or under the control of each of the stockholders of the applicant corporation.

Acts 1968 (2nd Ex. Sess.), No. 8, § 1; A.S.A. 1947, § 84-2823.1.
Ark. Code Ann. § 23-3-705 — AR Code / Title 23 / Chapter 3 / Subchapter 7 / Section 23-3-705
Lower contract rates permitted
Status: in_force

Nothing in this subchapter shall prohibit an electric utility and a qualifying facility from negotiating a contract rate lower than the avoided cost rate established by the Arkansas Public Service Commission for the electric utility. Acts 1987, No. 796, § 6.

Nothing in this subchapter shall prohibit an electric utility and a qualifying facility from negotiating a contract rate lower than the avoided cost rate established by the Arkansas Public Service Commission for the electric utility.

Acts 1987, No. 796, § 6.
Ark. Code Ann. § 23-38-303 — AR Code / Title 23 / Chapter 38 / Subchapter 3 / Section 23-38-303
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 24; 1931, No. 236, § 11; Pope's Dig., § 1000; Acts 1985, No. 1043, § 1; A.S.A. 1947, § 67-850.

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

Acts 1929, No. 128, § 24; 1931, No. 236, § 11; Pope's Dig., § 1000; Acts 1985, No. 1043, § 1; A.S.A. 1947, § 67-850.
Ark. Code Ann. § 23-63-1309 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1309
Confidentiality - Prohibition on announcements - Prohibition on use in ratemaking
Status: in_force

(a) The RBC reports, to the extent the information in the RBC reports is not needed to be stated in a publicly available annual statement schedule, and RBC plans, including the results or report of an examination or analysis of an insurer performed under a corrective order issued by the Insurance Commissioner under examination or analysis, with respect to a domestic insurer or foreign insurer that are filed with the commissioner, constitute information that may be damaging to the insurer if made available to its competitors and is kept confidential by the commissioner. This information shall not be made public or be subject to subpoena, or both, other than by the commissioner and then only to enforce actions taken by the commissioner under this subchapter or other insurance laws of this state. (b) (1) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to its RBC levels is a regulatory tool that may show the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Except as otherwise required under this subchapter, the making, publishing, disseminating, circulating, or placing before the public or causing directly or indirectly to be made, published, distributed, circulated, or placed before the public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of an insurer or of any component derived in the calculation by an insurer, agent, broker, or other person engaged in any way in the insurance business would be misleading and is prohibited. (2) If a materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or any of them or an inappropriate comparison of any other amount to the insurer's RBC levels is published in a written publication and the insurer may demonstrate to the commissioner with substantial proof the falsity of the statement or the inappropriateness, as the case may be, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement. (c) It is the further judgment of the General Assembly that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans: (1) Are intended solely for use by the commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and (2) Shall not be used by the commissioner: (A) For ratemaking nor considered or introduced as evidence in a rate proceeding; or (B) To compute or derive elements of an appropriate premium level or rate of return for a line of insurance that an insurer or affiliate may write. Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

(a) The RBC reports, to the extent the information in the RBC reports is not needed to be stated in a publicly available annual statement schedule, and RBC plans, including the results or report of an examination or analysis of an insurer performed under a corrective order issued by the Insurance Commissioner under examination or analysis, with respect to a domestic insurer or foreign insurer that are filed with the commissioner, constitute information that may be damaging to the insurer if made available to its competitors and is kept confidential by the commissioner. This information shall not be made public or be subject to subpoena, or both, other than by the commissioner and then only to enforce actions taken by the commissioner under this subchapter or other insurance laws of this state.

(b) (1) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to its RBC levels is a regulatory tool that may show the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Except as otherwise required under this subchapter, the making, publishing, disseminating, circulating, or placing before the public or causing directly or indirectly to be made, published, distributed, circulated, or placed before the public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of an insurer or of any component derived in the calculation by an insurer, agent, broker, or other person engaged in any way in the insurance business would be misleading and is prohibited. (2) If a materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or any of them or an inappropriate comparison of any other amount to the insurer's RBC levels is published in a written publication and the insurer may demonstrate to the commissioner with substantial proof the falsity of the statement or the inappropriateness, as the case may be, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.

(1) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to its RBC levels is a regulatory tool that may show the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Except as otherwise required under this subchapter, the making, publishing, disseminating, circulating, or placing before the public or causing directly or indirectly to be made, published, distributed, circulated, or placed before the public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with regard to the RBC levels of an insurer or of any component derived in the calculation by an insurer, agent, broker, or other person engaged in any way in the insurance business would be misleading and is prohibited.

(2) If a materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or any of them or an inappropriate comparison of any other amount to the insurer's RBC levels is published in a written publication and the insurer may demonstrate to the commissioner with substantial proof the falsity of the statement or the inappropriateness, as the case may be, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.

(c) It is the further judgment of the General Assembly that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans: (1) Are intended solely for use by the commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and (2) Shall not be used by the commissioner: (A) For ratemaking nor considered or introduced as evidence in a rate proceeding; or (B) To compute or derive elements of an appropriate premium level or rate of return for a line of insurance that an insurer or affiliate may write.

(1) Are intended solely for use by the commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers; and

(2) Shall not be used by the commissioner: (A) For ratemaking nor considered or introduced as evidence in a rate proceeding; or (B) To compute or derive elements of an appropriate premium level or rate of return for a line of insurance that an insurer or affiliate may write.

(A) For ratemaking nor considered or introduced as evidence in a rate proceeding; or

(B) To compute or derive elements of an appropriate premium level or rate of return for a line of insurance that an insurer or affiliate may write.

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-13-238 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-238
Common carriers - Rates, fares, rules, etc. - Complaints
Status: in_force

Any person, state board, organization, or body politic may make complaint in writing to the Arkansas Department of Transportation that any rate, fare, charge, classification, rule, or practice in effect or proposed to be put into effect is or will be in violation of this subchapter. Amended by Act 2019, No. 315,§ 2435, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 209, eff. 8/1/2017. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.

Any person, state board, organization, or body politic may make complaint in writing to the Arkansas Department of Transportation that any rate, fare, charge, classification, rule, or practice in effect or proposed to be put into effect is or will be in violation of this subchapter.

Amended by Act 2019, No. 315,§ 2435, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 209, eff. 8/1/2017.

Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Ark. Code Ann. § 23-18-1001 — AR Code / Title 23 / Chapter 18 / Subchapter 10 / Section 23-18-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Regulation of Electric Demand Response Act". Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Regulation of Electric Demand Response Act".

Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-86-101 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-101
Blanket accident and health insurance - Definition
Status: in_force

Blanket accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as enumerated in one (1) of the following subdivisions: (1) Under a policy or contract issued to any common carrier or to any operator, owner, or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group defined as all persons or all persons of a class who may become passengers on the common carrier or such means of transportation; (2) Under a policy or contract issued to an employer, who shall be deemed the policyholder, covering all employees, dependents, or guests, defined by reference to specified hazards incident to the activities or operations of the employer or any class of employees, dependents, or guests similarly defined; (3) Under a policy or contract issued to a school or other institution of learning, camp, or sponsor thereof or to the head or principal thereof, who or which shall be deemed the policyholder, covering students or campers. Supervisors and employees may be included; (4) Under a policy or contract issued in the name of any religious, charitable, recreational, educational, or civic organization, which shall be deemed the policyholder, covering participants in activities sponsored by the organization; (5) Under a policy or contract issued to a sports team or sponsors thereof, which shall be deemed the policyholder, covering members, officials, and supervisors; (6) Under a policy or contract issued in the name of any volunteer fire department, first aid, or other such volunteer group or agency having jurisdiction thereof, which shall be deemed the policyholder, covering all of the members of the fire department or group; or (7) Under a policy or contract issued to cover any other risk or class of risks that, in the discretion of the Insurance Commissioner, may be properly eligible for blanket accident and health insurance. The discretion of the commissioner may be exercised on an individual risk basis or class of risks, or both. Acts 1959, No. 148, § 422; A.S.A. 1947, § 66-3704; Acts 2001, No. 1063, § 2.

Blanket accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as enumerated in one (1) of the following subdivisions:

(1) Under a policy or contract issued to any common carrier or to any operator, owner, or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group defined as all persons or all persons of a class who may become passengers on the common carrier or such means of transportation;

(2) Under a policy or contract issued to an employer, who shall be deemed the policyholder, covering all employees, dependents, or guests, defined by reference to specified hazards incident to the activities or operations of the employer or any class of employees, dependents, or guests similarly defined;

(3) Under a policy or contract issued to a school or other institution of learning, camp, or sponsor thereof or to the head or principal thereof, who or which shall be deemed the policyholder, covering students or campers. Supervisors and employees may be included;

(4) Under a policy or contract issued in the name of any religious, charitable, recreational, educational, or civic organization, which shall be deemed the policyholder, covering participants in activities sponsored by the organization;

(5) Under a policy or contract issued to a sports team or sponsors thereof, which shall be deemed the policyholder, covering members, officials, and supervisors;

(6) Under a policy or contract issued in the name of any volunteer fire department, first aid, or other such volunteer group or agency having jurisdiction thereof, which shall be deemed the policyholder, covering all of the members of the fire department or group; or

(7) Under a policy or contract issued to cover any other risk or class of risks that, in the discretion of the Insurance Commissioner, may be properly eligible for blanket accident and health insurance. The discretion of the commissioner may be exercised on an individual risk basis or class of risks, or both.

Acts 1959, No. 148, § 422; A.S.A. 1947, § 66-3704; Acts 2001, No. 1063, § 2.
Ark. Code Ann. § 23-76-121 — AR Code / Title 23 / Chapter 76 / Section 23-76-121
Powers of insurers and hospital and medical service corporations
Status: in_force

(a) An insurance company licensed in this state, or a hospital or medical service corporation authorized to do business in this state, may either directly, or through a subsidiary or affiliate, organize and operate a health maintenance organization under the provisions of this chapter. (b) (1) Notwithstanding any provision of the Hospital and Medical Service Corporations Act, § 23-75-101 et seq., an insurer or a hospital and medical service corporation may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of the failure of the health maintenance organization to meet its obligations. (2) The enrollees of a health maintenance organization constitute a permissible group under such laws. (3) Among other things, under the contracts, the insurer or hospital or medical service corporation may make benefit payments to health maintenance organizations for healthcare services rendered by providers pursuant to the healthcare plan. Acts 1975, No. 454, § 17; A.S.A. 1947, § 66-5217.

(a) An insurance company licensed in this state, or a hospital or medical service corporation authorized to do business in this state, may either directly, or through a subsidiary or affiliate, organize and operate a health maintenance organization under the provisions of this chapter.

(b) (1) Notwithstanding any provision of the Hospital and Medical Service Corporations Act, § 23-75-101 et seq., an insurer or a hospital and medical service corporation may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of the failure of the health maintenance organization to meet its obligations. (2) The enrollees of a health maintenance organization constitute a permissible group under such laws. (3) Among other things, under the contracts, the insurer or hospital or medical service corporation may make benefit payments to health maintenance organizations for healthcare services rendered by providers pursuant to the healthcare plan.

(1) Notwithstanding any provision of the Hospital and Medical Service Corporations Act, § 23-75-101 et seq., an insurer or a hospital and medical service corporation may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of the failure of the health maintenance organization to meet its obligations.

(2) The enrollees of a health maintenance organization constitute a permissible group under such laws.

(3) Among other things, under the contracts, the insurer or hospital or medical service corporation may make benefit payments to health maintenance organizations for healthcare services rendered by providers pursuant to the healthcare plan.

Acts 1975, No. 454, § 17; A.S.A. 1947, § 66-5217.
Ark. Code Ann. § 23-99-204 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-204
Terms of health benefit plan
Status: in_force

(a) A healthcare insurer shall not, directly or indirectly: (1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (2) Impose upon a beneficiary of healthcare services under a health benefit plan any copayment, fee, or condition that is not equally imposed upon all beneficiaries in the same benefit category, class, or copayment level under that health benefit plan when the beneficiary is receiving services from a participating healthcare provider pursuant to that health benefit plan; or (3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan. (b) Nothing in this subchapter shall prevent a health benefit plan from instituting measures designed to maintain quality and to control costs, including, but not limited to, the utilization of a gatekeeper system, as long as such measures are imposed equally on all providers in the same class. (c) (1) A healthcare insurer may pay a claim for healthcare services by any lawful method, including the alternative payment method by gift card, credit card, or other type of electronic payment or virtual credit card as payment if the healthcare provider is given clear instructions about how to select the alternative payment method. (2) However, a healthcare insurer is prohibited from requiring a healthcare provider to accept a gift card, credit card, or other type of electronic payment or virtual credit card as payment of a claim for healthcare services if the method of payment charges the healthcare provider a service fee to process. Amended by Act 2019, No. 315,§ 2800, eff. 7/24/2019. Amended by Act 2019, No. 300,§ 2, eff. 7/24/2019. Acts 1995, No. 505, § 4; 1995, No. 1193, § 2.

(a) A healthcare insurer shall not, directly or indirectly: (1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods; (2) Impose upon a beneficiary of healthcare services under a health benefit plan any copayment, fee, or condition that is not equally imposed upon all beneficiaries in the same benefit category, class, or copayment level under that health benefit plan when the beneficiary is receiving services from a participating healthcare provider pursuant to that health benefit plan; or (3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan.

(1) (A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered. (B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods;

(A) Impose a monetary advantage or penalty under a health benefit plan that would affect a beneficiary's choice among those healthcare providers who participate in the health benefit plan according to the terms offered.

(B) "Monetary advantage or penalty" includes: (i) A higher copayment; (ii) A reduction in reimbursement for services; or (iii) Promotion of one healthcare provider over another by these methods;

(i) A higher copayment;

(ii) A reduction in reimbursement for services; or

(iii) Promotion of one healthcare provider over another by these methods;

(2) Impose upon a beneficiary of healthcare services under a health benefit plan any copayment, fee, or condition that is not equally imposed upon all beneficiaries in the same benefit category, class, or copayment level under that health benefit plan when the beneficiary is receiving services from a participating healthcare provider pursuant to that health benefit plan; or

(3) Prohibit or limit a healthcare provider that is qualified under § 23-99-203(d) and is willing to accept the health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization rules and quality standards, from the opportunity to participate in that health benefit plan.

(b) Nothing in this subchapter shall prevent a health benefit plan from instituting measures designed to maintain quality and to control costs, including, but not limited to, the utilization of a gatekeeper system, as long as such measures are imposed equally on all providers in the same class.

(c) (1) A healthcare insurer may pay a claim for healthcare services by any lawful method, including the alternative payment method by gift card, credit card, or other type of electronic payment or virtual credit card as payment if the healthcare provider is given clear instructions about how to select the alternative payment method. (2) However, a healthcare insurer is prohibited from requiring a healthcare provider to accept a gift card, credit card, or other type of electronic payment or virtual credit card as payment of a claim for healthcare services if the method of payment charges the healthcare provider a service fee to process.

(1) A healthcare insurer may pay a claim for healthcare services by any lawful method, including the alternative payment method by gift card, credit card, or other type of electronic payment or virtual credit card as payment if the healthcare provider is given clear instructions about how to select the alternative payment method.

(2) However, a healthcare insurer is prohibited from requiring a healthcare provider to accept a gift card, credit card, or other type of electronic payment or virtual credit card as payment of a claim for healthcare services if the method of payment charges the healthcare provider a service fee to process.

Amended by Act 2019, No. 315,§ 2800, eff. 7/24/2019.

Amended by Act 2019, No. 300,§ 2, eff. 7/24/2019.

Acts 1995, No. 505, § 4; 1995, No. 1193, § 2.
Ark. Code Ann. § 23-99-1002 — AR Code / Title 23 / Chapter 99 / Subchapter 10 / Section 23-99-1002
Definitions
Status: in_force

As used in this subchapter: (1) "Covered materials" means materials for which reimbursement from the insurer, vision care plan, or vision care discount plan is provided to a vision care provider by an individual's vision benefit plan or contract and that are reimbursable subject to a deductible, copayment, coinsurance, or other contractual limitations; (2) "Covered services" means services for which reimbursement from the insurer, vision care plan, or vision care discount plan is provided to a vision care provider by an individual's vision benefit plan or contract and that are reimbursable subject to a deductible, copayment, coinsurance, or other contractual limitations; (3) "Insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity; (4) "Materials" means ophthalmic devices, including without limitation: (A) Lenses; (B) Devices containing lenses; (C) Artificial intraocular lenses; (D) Ophthalmic frames; (E) Lens-mounting apparatus; (F) Prisms; (G) Spectacle or contact lens treatments and coatings; and (H) Prosthetic devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa; (5) "Noncovered materials" means materials that are not covered by an insurer, a vision care plan, or a vision care discount plan; (6) "Noncovered services" means services that are not covered by an insurer, a vision care plan, or a vision care discount plan; (7) "Participating provider agreement" means an agreement between a vision care provider and an insurer that obligates a vision care provider to provide for compensation services and materials to an individual who is insured by the insurer; (8) "Services" means benefits or services provided by a vision care provider; (9) "Vision benefit plan or contract" means a plan, contract, or policy of insurance issued by an insurer that provides for vision care benefits or services; (10) "Vision care discount plan" means a separate plan to provide benefits or services under a rider to a health benefit plan or as a stand-alone agreement that is authorized by a vision care provider to provide discounts to individuals under the Primary Eye Care Provider Act, § 23-99-301 et seq.; (11) "Vision care plan" means an entity that provides health benefits and that creates, promotes, sells, provides, advertises, or administers an integrated or stand-alone vision benefit plan or contract; and (12) "Vision care provider" means an individual licensed as an optometrist under § 17-90-301 et seq., or a licensed osteopathic or medical physician licensed under § 17-91-101 et seq. or § 17-95-401 et seq., if the physician has also completed a residency in ophthalmology. Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Covered materials" means materials for which reimbursement from the insurer, vision care plan, or vision care discount plan is provided to a vision care provider by an individual's vision benefit plan or contract and that are reimbursable subject to a deductible, copayment, coinsurance, or other contractual limitations;

(2) "Covered services" means services for which reimbursement from the insurer, vision care plan, or vision care discount plan is provided to a vision care provider by an individual's vision benefit plan or contract and that are reimbursable subject to a deductible, copayment, coinsurance, or other contractual limitations;

(3) "Insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity;

(4) "Materials" means ophthalmic devices, including without limitation: (A) Lenses; (B) Devices containing lenses; (C) Artificial intraocular lenses; (D) Ophthalmic frames; (E) Lens-mounting apparatus; (F) Prisms; (G) Spectacle or contact lens treatments and coatings; and (H) Prosthetic devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa;

(A) Lenses;

(B) Devices containing lenses;

(C) Artificial intraocular lenses;

(D) Ophthalmic frames;

(E) Lens-mounting apparatus;

(F) Prisms;

(G) Spectacle or contact lens treatments and coatings; and

(H) Prosthetic devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa;

(5) "Noncovered materials" means materials that are not covered by an insurer, a vision care plan, or a vision care discount plan;

(6) "Noncovered services" means services that are not covered by an insurer, a vision care plan, or a vision care discount plan;

(7) "Participating provider agreement" means an agreement between a vision care provider and an insurer that obligates a vision care provider to provide for compensation services and materials to an individual who is insured by the insurer;

(8) "Services" means benefits or services provided by a vision care provider;

(9) "Vision benefit plan or contract" means a plan, contract, or policy of insurance issued by an insurer that provides for vision care benefits or services;

(10) "Vision care discount plan" means a separate plan to provide benefits or services under a rider to a health benefit plan or as a stand-alone agreement that is authorized by a vision care provider to provide discounts to individuals under the Primary Eye Care Provider Act, § 23-99-301 et seq.;

(11) "Vision care plan" means an entity that provides health benefits and that creates, promotes, sells, provides, advertises, or administers an integrated or stand-alone vision benefit plan or contract; and

(12) "Vision care provider" means an individual licensed as an optometrist under § 17-90-301 et seq., or a licensed osteopathic or medical physician licensed under § 17-91-101 et seq. or § 17-95-401 et seq., if the physician has also completed a residency in ophthalmology.

Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-113-301 — AR Code / Title 23 / Chapter 113 / Subchapter 3 / Section 23-113-301
Jurisdiction of Arkansas Racing Commission
Status: in_force

Subject to the limitations and conditions in this chapter or other applicable law, the Arkansas Racing Commission shall have full administrative regulatory jurisdiction over the business of electronic games of skill and wagering thereon conducted by franchise holders under this chapter. Acts 2005, No. 1151, § 1.

Subject to the limitations and conditions in this chapter or other applicable law, the Arkansas Racing Commission shall have full administrative regulatory jurisdiction over the business of electronic games of skill and wagering thereon conducted by franchise holders under this chapter.

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-3-507 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-507
Grant of petition - Exceptions
Status: in_force

(a) Upon the hearing, if it appears that the United States Secretary of the Army, or such other federal agency as may have jurisdiction to consent to the construction of erections in navigable waterways, has approved or permissively authorized the proposed navigable water crossings, then the Arkansas Public Service Commission shall grant the prayer of the river crossing proprietor's petition unless the commission enters specific findings, based on a preponderance of the evidence, that: (1) The proposed navigable water crossing, if constructed and operated as proposed, will jeopardize the public safety; or (2) The construction of the proposed navigable water crossing at the point specified in the petition will result in an unlawful interference with some other paramount public or private use of the navigable waterway or its underlying bed at the point of the proposed crossing. (b) In the event the commission finds that the proposed navigable water crossing would jeopardize the public safety if constructed and operated as proposed, it may grant the prayer of the river crossing proprietor's petition subject to such alteration of the proposed plans, specifications, and construction methods as may be in the interest of the public safety. Acts 1961, No. 188, § 7; A.S.A. 1947, § 73-2207.

(a) Upon the hearing, if it appears that the United States Secretary of the Army, or such other federal agency as may have jurisdiction to consent to the construction of erections in navigable waterways, has approved or permissively authorized the proposed navigable water crossings, then the Arkansas Public Service Commission shall grant the prayer of the river crossing proprietor's petition unless the commission enters specific findings, based on a preponderance of the evidence, that: (1) The proposed navigable water crossing, if constructed and operated as proposed, will jeopardize the public safety; or (2) The construction of the proposed navigable water crossing at the point specified in the petition will result in an unlawful interference with some other paramount public or private use of the navigable waterway or its underlying bed at the point of the proposed crossing.

(1) The proposed navigable water crossing, if constructed and operated as proposed, will jeopardize the public safety; or

(2) The construction of the proposed navigable water crossing at the point specified in the petition will result in an unlawful interference with some other paramount public or private use of the navigable waterway or its underlying bed at the point of the proposed crossing.

(b) In the event the commission finds that the proposed navigable water crossing would jeopardize the public safety if constructed and operated as proposed, it may grant the prayer of the river crossing proprietor's petition subject to such alteration of the proposed plans, specifications, and construction methods as may be in the interest of the public safety.

Acts 1961, No. 188, § 7; A.S.A. 1947, § 73-2207.
Ark. Code Ann. § 23-115-203 — AR Code / Title 23 / Chapter 115 / Subchapter 2 / Section 23-115-203
[Repealed]
Status: repealed

Repealed by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-79-1201 — AR Code / Title 23 / Chapter 79 / Subchapter 12 / Section 23-79-1201
Definitions
Status: in_force

As used in this subchapter: (1) "Covered person" means a person who is and continues to remain eligible for coverage under a healthcare policy and is covered under a healthcare policy; (2) "Follow-up colonoscopy" means a colonoscopy that is performed as a follow-up to a colorectal cancer screening test, other than a colonoscopy, the result of which is: (A) Positive; and (B) Assigned either a grade of "A" or a grade of "B" by the United States Preventive Services Task Force; (3) (A) "Healthcare policy" means: (i) An individual or group health insurance policy providing coverage on an expense-incurred basis; (ii) An individual or group service or indemnity type contract issued by a nonprofit corporation; (iii) An individual or group service contract issued by a health maintenance organization; (iv) A group accident and sickness insurance policy issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a group healthcare plan, a health maintenance organization, or any similar entity; and (v) A policy issued by or in connection with: (a) The Arkansas medical assistance program and its contracted insurers, whether providing services on a managed-care or fee-for-service basis; (b) The state employees' and public school teachers' health insurance programs; (c) A self-insured group arrangement to the extent not preempted by federal law; and (d) A managed healthcare delivery entity of any type or description. (B) "Healthcare policy" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy; and (4) "Persons at high risk for colorectal cancer" means: (A) Individuals over forty-five (45) years of age or who face a high risk for colorectal cancer because of: (i) The presence of one (1) or more adenomatous polyps on a previous colonoscopy or flexible sigmoidoscopy; (ii) A family history of colorectal cancer; (iii) Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis; (iv) A personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or (v) The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and (B) Any additional or expanded definition of "persons at high risk for colorectal cancer" as recognized by medical science and determined by the Secretary of the Department of Health in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines issued by the United States Preventive Services Task Force. Amended by Act 2021, No. 779,§ 2, eff. 1/1/2022. Amended by Act 2021, No. 779,§ 1, eff. 1/1/2022. Amended by Act 2019, No. 910,§ 5107, eff. 7/1/2019. Acts 2005, No. 2236, § 2.

As used in this subchapter:

(1) "Covered person" means a person who is and continues to remain eligible for coverage under a healthcare policy and is covered under a healthcare policy;

(2) "Follow-up colonoscopy" means a colonoscopy that is performed as a follow-up to a colorectal cancer screening test, other than a colonoscopy, the result of which is: (A) Positive; and (B) Assigned either a grade of "A" or a grade of "B" by the United States Preventive Services Task Force;

(A) Positive; and

(B) Assigned either a grade of "A" or a grade of "B" by the United States Preventive Services Task Force;

(3) (A) "Healthcare policy" means: (i) An individual or group health insurance policy providing coverage on an expense-incurred basis; (ii) An individual or group service or indemnity type contract issued by a nonprofit corporation; (iii) An individual or group service contract issued by a health maintenance organization; (iv) A group accident and sickness insurance policy issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a group healthcare plan, a health maintenance organization, or any similar entity; and (v) A policy issued by or in connection with: (a) The Arkansas medical assistance program and its contracted insurers, whether providing services on a managed-care or fee-for-service basis; (b) The state employees' and public school teachers' health insurance programs; (c) A self-insured group arrangement to the extent not preempted by federal law; and (d) A managed healthcare delivery entity of any type or description. (B) "Healthcare policy" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy; and

(A) "Healthcare policy" means: (i) An individual or group health insurance policy providing coverage on an expense-incurred basis; (ii) An individual or group service or indemnity type contract issued by a nonprofit corporation; (iii) An individual or group service contract issued by a health maintenance organization; (iv) A group accident and sickness insurance policy issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a group healthcare plan, a health maintenance organization, or any similar entity; and (v) A policy issued by or in connection with: (a) The Arkansas medical assistance program and its contracted insurers, whether providing services on a managed-care or fee-for-service basis; (b) The state employees' and public school teachers' health insurance programs; (c) A self-insured group arrangement to the extent not preempted by federal law; and (d) A managed healthcare delivery entity of any type or description.

(i) An individual or group health insurance policy providing coverage on an expense-incurred basis;

(ii) An individual or group service or indemnity type contract issued by a nonprofit corporation;

(iii) An individual or group service contract issued by a health maintenance organization;

(iv) A group accident and sickness insurance policy issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a group healthcare plan, a health maintenance organization, or any similar entity; and

(v) A policy issued by or in connection with: (a) The Arkansas medical assistance program and its contracted insurers, whether providing services on a managed-care or fee-for-service basis; (b) The state employees' and public school teachers' health insurance programs; (c) A self-insured group arrangement to the extent not preempted by federal law; and (d) A managed healthcare delivery entity of any type or description.

(a) The Arkansas medical assistance program and its contracted insurers, whether providing services on a managed-care or fee-for-service basis;

(b) The state employees' and public school teachers' health insurance programs;

(c) A self-insured group arrangement to the extent not preempted by federal law; and

(d) A managed healthcare delivery entity of any type or description.

(B) "Healthcare policy" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy; and

(4) "Persons at high risk for colorectal cancer" means: (A) Individuals over forty-five (45) years of age or who face a high risk for colorectal cancer because of: (i) The presence of one (1) or more adenomatous polyps on a previous colonoscopy or flexible sigmoidoscopy; (ii) A family history of colorectal cancer; (iii) Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis; (iv) A personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or (v) The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and (B) Any additional or expanded definition of "persons at high risk for colorectal cancer" as recognized by medical science and determined by the Secretary of the Department of Health in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines issued by the United States Preventive Services Task Force.

(A) Individuals over forty-five (45) years of age or who face a high risk for colorectal cancer because of: (i) The presence of one (1) or more adenomatous polyps on a previous colonoscopy or flexible sigmoidoscopy; (ii) A family history of colorectal cancer; (iii) Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis; (iv) A personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or (v) The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and

(i) The presence of one (1) or more adenomatous polyps on a previous colonoscopy or flexible sigmoidoscopy;

(ii) A family history of colorectal cancer;

(iii) Genetic alterations of hereditary nonpolyposis colon cancer or familial adenomatous polyposis;

(iv) A personal history of colorectal cancer, ulcerative colitis, or Crohn's disease; or

(v) The presence of any appropriate recognized gene markers for colorectal cancer or other predisposing factors; and

(B) Any additional or expanded definition of "persons at high risk for colorectal cancer" as recognized by medical science and determined by the Secretary of the Department of Health in consultation with the University of Arkansas for Medical Sciences and consistent with guidelines issued by the United States Preventive Services Task Force.

Amended by Act 2021, No. 779,§ 2, eff. 1/1/2022.

Amended by Act 2021, No. 779,§ 1, eff. 1/1/2022.

Amended by Act 2019, No. 910,§ 5107, eff. 7/1/2019.

Acts 2005, No. 2236, § 2.
Ark. Code Ann. § 23-75-107 — AR Code / Title 23 / Chapter 75 / Section 23-75-107
Certificate of authority - Application
Status: in_force

(a) The corporation may issue contracts to its subscribers only when the Insurance Commissioner has, by certificate of authority, authorized it to do so. (b) Application for the certificate of authority shall be made on forms supplied or approved by the commissioner containing such information as he or she shall deem necessary. (c) Each application for the certificate of authority shall be accompanied by the fee prescribed by § 23-61-401 and copies of the following documents: (1) Articles of incorporation; (2) Bylaws; (3) Proposed contracts between the applicant and participating hospitals and physicians, showing the terms under which service is to be furnished to subscribers; (4) Proposed contracts to be issued to subscribers; (5) A table of rates to be charged to subscribers; (6) Financial statement of the corporation, including the amounts of contributions paid or agreed to be paid to the corporation for working capital and the names of each contributor and the terms of each contribution; and (7) A statement of the area in which the corporation proposes to operate. Acts 1959, No. 148, § 674; A.S.A. 1947, § 66-4904.

(a) The corporation may issue contracts to its subscribers only when the Insurance Commissioner has, by certificate of authority, authorized it to do so.

(b) Application for the certificate of authority shall be made on forms supplied or approved by the commissioner containing such information as he or she shall deem necessary.

(c) Each application for the certificate of authority shall be accompanied by the fee prescribed by § 23-61-401 and copies of the following documents: (1) Articles of incorporation; (2) Bylaws; (3) Proposed contracts between the applicant and participating hospitals and physicians, showing the terms under which service is to be furnished to subscribers; (4) Proposed contracts to be issued to subscribers; (5) A table of rates to be charged to subscribers; (6) Financial statement of the corporation, including the amounts of contributions paid or agreed to be paid to the corporation for working capital and the names of each contributor and the terms of each contribution; and (7) A statement of the area in which the corporation proposes to operate.

(1) Articles of incorporation;

(2) Bylaws;

(3) Proposed contracts between the applicant and participating hospitals and physicians, showing the terms under which service is to be furnished to subscribers;

(4) Proposed contracts to be issued to subscribers;

(5) A table of rates to be charged to subscribers;

(6) Financial statement of the corporation, including the amounts of contributions paid or agreed to be paid to the corporation for working capital and the names of each contributor and the terms of each contribution; and

(7) A statement of the area in which the corporation proposes to operate.

Acts 1959, No. 148, § 674; A.S.A. 1947, § 66-4904.
Ark. Code Ann. § 23-65-319 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-319
Withdrawal of approval
Status: in_force

(a) The Insurance Commissioner may remove an approved surplus lines insurer if the commissioner has reason to believe that the surplus lines insurer: (1) Is in unsound financial condition; (2) Is no longer eligible under § 23-65-310 ; (3) Has willfully violated the laws of this state; (4) Does not make reasonably prompt payment of just losses and claims in this state or elsewhere; or (5) Has failed to file its annual statement when due. (b) The commissioner shall promptly mail notice of removals to each surplus lines broker that is currently licensed. Acts 1959, No. 148, § 207.1, as added by Acts 1983, No. 522, § 24; A.S.A. 1947, § 66-2928; Acts 2011, No. 1055, § 2.

(a) The Insurance Commissioner may remove an approved surplus lines insurer if the commissioner has reason to believe that the surplus lines insurer: (1) Is in unsound financial condition; (2) Is no longer eligible under § 23-65-310 ; (3) Has willfully violated the laws of this state; (4) Does not make reasonably prompt payment of just losses and claims in this state or elsewhere; or (5) Has failed to file its annual statement when due.

(1) Is in unsound financial condition;

(2) Is no longer eligible under § 23-65-310 ;

(3) Has willfully violated the laws of this state;

(4) Does not make reasonably prompt payment of just losses and claims in this state or elsewhere; or

(5) Has failed to file its annual statement when due.

(b) The commissioner shall promptly mail notice of removals to each surplus lines broker that is currently licensed.

Acts 1959, No. 148, § 207.1, as added by Acts 1983, No. 522, § 24; A.S.A. 1947, § 66-2928; Acts 2011, No. 1055, § 2.