Ark. Code Ann. § 23-13-801 — AR Code / Title 23 / Chapter 13 / Subchapter 8 / Section 23-13-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Regulation of Ground Transportation at Municipal Airports and Regional Airports Act". Amended by Act 2023, No. 686,§ 1, eff. 8/1/2023. Added by Act 2021, No. 1042,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Regulation of Ground Transportation at Municipal Airports and Regional Airports Act".

Amended by Act 2023, No. 686,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 1042,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-35-703 — AR Code / Title 23 / Chapter 35 / Subchapter 7 / Section 23-35-703
Voluntary dissolution
Status: in_force

A credit union may elect to dissolve voluntarily and wind up its affairs in the following manner: (1) The board of directors of the credit union shall adopt a resolution recommending that the credit union be dissolved voluntarily and directing that the question of dissolution be submitted to a regular or special meeting of the members; (2) After the adoption of the resolution to voluntarily dissolve, no receipts shall be accepted nor withdrawals permitted from its share or deposit accounts, nor shall any loans be made nor any dividends declared nor paid pending final determination by its membership on the voluntary dissolution; (3) At a meeting called to consider the matter, a majority of the entire membership may vote to dissolve the credit union, provided a notice of the meeting was mailed to the members of the credit union at least ten (10) days prior thereto. Any member not present at the meeting may, within the next twenty (20) days, vote in favor of dissolution by signing a statement in a form approved by the State Credit Union Supervisor, and the vote shall have the same force and effect as if cast at the meeting; (4) The credit union shall thereupon immediately cease to do business, except for the purpose of liquidation; and (5) The president and the secretary of the credit union shall, within five (5) days following the meeting, notify the supervisor of intention to liquidate and shall include a list of the names and addresses of the directors and officers of the credit union. Acts 1971, No. 132, § 38; A.S.A. 1947, § 67-938.

A credit union may elect to dissolve voluntarily and wind up its affairs in the following manner:

(1) The board of directors of the credit union shall adopt a resolution recommending that the credit union be dissolved voluntarily and directing that the question of dissolution be submitted to a regular or special meeting of the members;

(2) After the adoption of the resolution to voluntarily dissolve, no receipts shall be accepted nor withdrawals permitted from its share or deposit accounts, nor shall any loans be made nor any dividends declared nor paid pending final determination by its membership on the voluntary dissolution;

(3) At a meeting called to consider the matter, a majority of the entire membership may vote to dissolve the credit union, provided a notice of the meeting was mailed to the members of the credit union at least ten (10) days prior thereto. Any member not present at the meeting may, within the next twenty (20) days, vote in favor of dissolution by signing a statement in a form approved by the State Credit Union Supervisor, and the vote shall have the same force and effect as if cast at the meeting;

(4) The credit union shall thereupon immediately cease to do business, except for the purpose of liquidation; and

(5) The president and the secretary of the credit union shall, within five (5) days following the meeting, notify the supervisor of intention to liquidate and shall include a list of the names and addresses of the directors and officers of the credit union.

Acts 1971, No. 132, § 38; A.S.A. 1947, § 67-938.
Ark. Code Ann. § 23-99-407 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-407
"Gag clause" prohibition
Status: in_force

No participating provider may be prohibited, restricted, or penalized in any way from disclosing to any covered person any healthcare information that the participating provider deems appropriate regarding the nature of treatment, risks, or alternatives thereto, the availability of alternate therapies, consultations, or tests, the decision of utilization reviewers or similar persons to authorize or deny services, the process that is used to authorize or deny healthcare services or benefits, or information on financial incentives and structures used by the insurer. Acts 1997, No. 1196, § 7.

No participating provider may be prohibited, restricted, or penalized in any way from disclosing to any covered person any healthcare information that the participating provider deems appropriate regarding the nature of treatment, risks, or alternatives thereto, the availability of alternate therapies, consultations, or tests, the decision of utilization reviewers or similar persons to authorize or deny services, the process that is used to authorize or deny healthcare services or benefits, or information on financial incentives and structures used by the insurer.

Acts 1997, No. 1196, § 7.
Ark. Code Ann. § 23-99-1101 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Prior Authorization Transparency Act". Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Prior Authorization Transparency Act".

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-73-120 — AR Code / Title 23 / Chapter 73 / Section 23-73-120
Dissolution
Status: in_force

(a) Voluntary. (1) An association or company may discontinue its operations and settle its affairs at any meeting of its members, due notice of the time, place, and purpose of which shall have been given to its members and the Insurance Commissioner, by a vote of two-thirds (2/3) of the members present or represented by proxy at the meeting. (2) Voting shall be conducted by written ballot which shall be signed by the member, on a ballot form approved by the commissioner, prior to voting. (3) (A) After the members have voted to dissolve, the association or company shall file a plan of dissolution with the commissioner for approval. (B) The dissolution plan must include provisions that: (i) Allow current policyholders to obtain similar coverage with another licensed insurer or farmers' mutual aid association or company; and (ii) Designate a committee of policyholders to liquidate assets and pay debts or expenses. (4) After the commissioner has approved the dissolution plan, the designated committee shall liquidate any assets and pay the debts and expenses of the association or company. (5) Upon final settlement of all the affairs of the association by the committee, it shall make a final report and accounting of the proceedings of the dissolutions which shall be signed by its members and be filed with and approved by the commissioner. (6) If the commissioner approves the final report, the commissioner shall transmit to the committee a certificate of approval and thereupon the association shall be deemed dissolved and shall cease to exist. The commissioner shall certify the dissolution to the Secretary of State. (7) The committee shall have its necessary and reasonable expenses reimbursed in the dissolution of the association or company as approved by the commissioner. (b) Involuntary. An association or company shall be statutorily dissolved in accordance with the provisions of §§ 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 . Acts 1997, No. 774, § 1; 2005, No. 2004, § 4.

(a) Voluntary. (1) An association or company may discontinue its operations and settle its affairs at any meeting of its members, due notice of the time, place, and purpose of which shall have been given to its members and the Insurance Commissioner, by a vote of two-thirds (2/3) of the members present or represented by proxy at the meeting. (2) Voting shall be conducted by written ballot which shall be signed by the member, on a ballot form approved by the commissioner, prior to voting. (3) (A) After the members have voted to dissolve, the association or company shall file a plan of dissolution with the commissioner for approval. (B) The dissolution plan must include provisions that: (i) Allow current policyholders to obtain similar coverage with another licensed insurer or farmers' mutual aid association or company; and (ii) Designate a committee of policyholders to liquidate assets and pay debts or expenses. (4) After the commissioner has approved the dissolution plan, the designated committee shall liquidate any assets and pay the debts and expenses of the association or company. (5) Upon final settlement of all the affairs of the association by the committee, it shall make a final report and accounting of the proceedings of the dissolutions which shall be signed by its members and be filed with and approved by the commissioner. (6) If the commissioner approves the final report, the commissioner shall transmit to the committee a certificate of approval and thereupon the association shall be deemed dissolved and shall cease to exist. The commissioner shall certify the dissolution to the Secretary of State. (7) The committee shall have its necessary and reasonable expenses reimbursed in the dissolution of the association or company as approved by the commissioner.

(1) An association or company may discontinue its operations and settle its affairs at any meeting of its members, due notice of the time, place, and purpose of which shall have been given to its members and the Insurance Commissioner, by a vote of two-thirds (2/3) of the members present or represented by proxy at the meeting.

(2) Voting shall be conducted by written ballot which shall be signed by the member, on a ballot form approved by the commissioner, prior to voting.

(3) (A) After the members have voted to dissolve, the association or company shall file a plan of dissolution with the commissioner for approval. (B) The dissolution plan must include provisions that: (i) Allow current policyholders to obtain similar coverage with another licensed insurer or farmers' mutual aid association or company; and (ii) Designate a committee of policyholders to liquidate assets and pay debts or expenses.

(A) After the members have voted to dissolve, the association or company shall file a plan of dissolution with the commissioner for approval.

(B) The dissolution plan must include provisions that: (i) Allow current policyholders to obtain similar coverage with another licensed insurer or farmers' mutual aid association or company; and (ii) Designate a committee of policyholders to liquidate assets and pay debts or expenses.

(i) Allow current policyholders to obtain similar coverage with another licensed insurer or farmers' mutual aid association or company; and

(ii) Designate a committee of policyholders to liquidate assets and pay debts or expenses.

(4) After the commissioner has approved the dissolution plan, the designated committee shall liquidate any assets and pay the debts and expenses of the association or company.

(5) Upon final settlement of all the affairs of the association by the committee, it shall make a final report and accounting of the proceedings of the dissolutions which shall be signed by its members and be filed with and approved by the commissioner.

(6) If the commissioner approves the final report, the commissioner shall transmit to the committee a certificate of approval and thereupon the association shall be deemed dissolved and shall cease to exist. The commissioner shall certify the dissolution to the Secretary of State.

(7) The committee shall have its necessary and reasonable expenses reimbursed in the dissolution of the association or company as approved by the commissioner.

(b) Involuntary. An association or company shall be statutorily dissolved in accordance with the provisions of §§ 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 .

Acts 1997, No. 774, § 1; 2005, No. 2004, § 4.
Ark. Code Ann. § 23-17-242 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-242
Cooperative acquiring another cooperative
Status: in_force

Any cooperative organized prior to January 1, 1979, under the provisions of this subchapter may enter into an agreement with any other cooperative so organized for one of the cooperatives to acquire the other cooperative, subject to the following provisions: (1) Any agreement between cooperatives for one to acquire another shall be in writing and shall set forth the terms and conditions of the acquisition; (2) Unless otherwise provided in the bylaws of either of the cooperatives who are party to such an agreement, the agreement shall be approved on behalf of the cooperative being acquired upon majority vote of the members of the cooperative being acquired present in person or by proxy at any regular meeting of the members, or at any special meeting of the members called for the purpose of voting on the agreement. The agreement shall only be approved on behalf of the acquiring cooperative upon majority vote of the directors of the acquiring cooperative; (3) The acquiring cooperative may elect to form a wholly owned subsidiary corporation, or utilize an existing wholly owned subsidiary corporation, which subsidiary need not itself be a cooperative, to own and operate the cooperative being acquired. The validity of the acquisition shall not be affected by the fact that legal title to the cooperative being acquired is taken in the name of a wholly owned subsidiary by the acquiring cooperative; and (4) Neither the rights of creditors nor the liens upon the property of either the acquiring cooperative or the cooperative being acquired shall be impaired by the acquisition. Acts 1999, No. 946, § 19.

Any cooperative organized prior to January 1, 1979, under the provisions of this subchapter may enter into an agreement with any other cooperative so organized for one of the cooperatives to acquire the other cooperative, subject to the following provisions:

(1) Any agreement between cooperatives for one to acquire another shall be in writing and shall set forth the terms and conditions of the acquisition;

(2) Unless otherwise provided in the bylaws of either of the cooperatives who are party to such an agreement, the agreement shall be approved on behalf of the cooperative being acquired upon majority vote of the members of the cooperative being acquired present in person or by proxy at any regular meeting of the members, or at any special meeting of the members called for the purpose of voting on the agreement. The agreement shall only be approved on behalf of the acquiring cooperative upon majority vote of the directors of the acquiring cooperative;

(3) The acquiring cooperative may elect to form a wholly owned subsidiary corporation, or utilize an existing wholly owned subsidiary corporation, which subsidiary need not itself be a cooperative, to own and operate the cooperative being acquired. The validity of the acquisition shall not be affected by the fact that legal title to the cooperative being acquired is taken in the name of a wholly owned subsidiary by the acquiring cooperative; and

(4) Neither the rights of creditors nor the liens upon the property of either the acquiring cooperative or the cooperative being acquired shall be impaired by the acquisition.

Acts 1999, No. 946, § 19.
Ark. Code Ann. § 23-38-307 — AR Code / Title 23 / Chapter 38 / Subchapter 3 / Section 23-38-307
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 11c, as added by Acts 1931, No. 236, § 7; Pope's Dig., § 987; A.S.A. 1947, § 67-832.

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

Acts 1929, No. 128, § 11c, as added by Acts 1931, No. 236, § 7; Pope's Dig., § 987; A.S.A. 1947, § 67-832.
Ark. Code Ann. § 23-113-102 — AR Code / Title 23 / Chapter 113 / Subchapter 1 / Section 23-113-102
Title
Status: in_force

This chapter shall be known and may be cited as the "Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act". Acts 2005, No. 1151, § 1.

This chapter shall be known and may be cited as the "Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act".

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-69-406 — AR Code / Title 23 / Chapter 69 / Subchapter 4 / Section 23-69-406
Own risk and solvency assessment summary
Status: in_force

(a) (1) (A) Upon request, an insurer shall submit to the Insurance Commissioner no more than one (1) time a year beginning January 1, 2017, an own risk and solvency assessment summary report, or any combination of filings applicable to the insurer or the insurance group of which the insurer is a member, that together contain the information described in the Own Risk and Solvency Assessment Guidance Manual. (B) An insurer may submit a comparable report that provides the most recent and substantially similar information under subdivision (a)(1)(A) of this section to a commissioner in another state or to the supervisor or regulator of a foreign jurisdiction provided by the insurer or another member of an insurance group of which the insurer is a member. (2) Notwithstanding a request from the Insurance Commissioner, an insurer that is a member of an insurance group shall submit the reports required under subdivision (a)(1) of this section if the Insurance Commissioner is the lead state commissioner of the insurance group as determined by the procedures within the "Financial Analysis Handbook" adopted by the National Association of Insurance Commissioners. (b) A report described in subdivision (a)(1)(A) of this section shall include an attestation of the chief risk officer or other executive of the insurer or insurance group that is responsible for the oversight of the insurer's enterprise risk management process that to the best of his or her belief and knowledge: (1) The insurer applies the enterprise risk management process described in the insurer's own risk and solvency assessment summary report; and (2) A copy of the report has been provided to the insurer's board of directors or other governing body of the insurer. (c) A report under subdivision (a)(1) of this section shall be in English or translated to English before filing with the Insurance Commissioner. Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.

(a) (1) (A) Upon request, an insurer shall submit to the Insurance Commissioner no more than one (1) time a year beginning January 1, 2017, an own risk and solvency assessment summary report, or any combination of filings applicable to the insurer or the insurance group of which the insurer is a member, that together contain the information described in the Own Risk and Solvency Assessment Guidance Manual. (B) An insurer may submit a comparable report that provides the most recent and substantially similar information under subdivision (a)(1)(A) of this section to a commissioner in another state or to the supervisor or regulator of a foreign jurisdiction provided by the insurer or another member of an insurance group of which the insurer is a member. (2) Notwithstanding a request from the Insurance Commissioner, an insurer that is a member of an insurance group shall submit the reports required under subdivision (a)(1) of this section if the Insurance Commissioner is the lead state commissioner of the insurance group as determined by the procedures within the "Financial Analysis Handbook" adopted by the National Association of Insurance Commissioners.

(1) (A) Upon request, an insurer shall submit to the Insurance Commissioner no more than one (1) time a year beginning January 1, 2017, an own risk and solvency assessment summary report, or any combination of filings applicable to the insurer or the insurance group of which the insurer is a member, that together contain the information described in the Own Risk and Solvency Assessment Guidance Manual. (B) An insurer may submit a comparable report that provides the most recent and substantially similar information under subdivision (a)(1)(A) of this section to a commissioner in another state or to the supervisor or regulator of a foreign jurisdiction provided by the insurer or another member of an insurance group of which the insurer is a member.

(A) Upon request, an insurer shall submit to the Insurance Commissioner no more than one (1) time a year beginning January 1, 2017, an own risk and solvency assessment summary report, or any combination of filings applicable to the insurer or the insurance group of which the insurer is a member, that together contain the information described in the Own Risk and Solvency Assessment Guidance Manual.

(B) An insurer may submit a comparable report that provides the most recent and substantially similar information under subdivision (a)(1)(A) of this section to a commissioner in another state or to the supervisor or regulator of a foreign jurisdiction provided by the insurer or another member of an insurance group of which the insurer is a member.

(2) Notwithstanding a request from the Insurance Commissioner, an insurer that is a member of an insurance group shall submit the reports required under subdivision (a)(1) of this section if the Insurance Commissioner is the lead state commissioner of the insurance group as determined by the procedures within the "Financial Analysis Handbook" adopted by the National Association of Insurance Commissioners.

(b) A report described in subdivision (a)(1)(A) of this section shall include an attestation of the chief risk officer or other executive of the insurer or insurance group that is responsible for the oversight of the insurer's enterprise risk management process that to the best of his or her belief and knowledge: (1) The insurer applies the enterprise risk management process described in the insurer's own risk and solvency assessment summary report; and (2) A copy of the report has been provided to the insurer's board of directors or other governing body of the insurer.

(1) The insurer applies the enterprise risk management process described in the insurer's own risk and solvency assessment summary report; and

(2) A copy of the report has been provided to the insurer's board of directors or other governing body of the insurer.

(c) A report under subdivision (a)(1) of this section shall be in English or translated to English before filing with the Insurance Commissioner.

Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.
Ark. Code Ann. § 23-92-206 — AR Code / Title 23 / Chapter 92 / Subchapter 2 / Section 23-92-206
Collection of premiums, etc. - Deposits and withdrawals
Status: in_force

(a) An administrator is a fiduciary in collecting or returning premiums or charges for the party with whom it has a written agreement for administrative services. (b) Funds collected by the administrator shall be immediately remitted to the person entitled to the funds or deposited in a separately identifiable bank account which shall be established and maintained by the administrator. (c) The administrator shall maintain records clearly showing the deposits and withdrawals from the separately identifiable bank account for each party with whom it has a written agreement for administrative services. The administrator shall furnish to the party, upon his or her request, copies of the required records. (d) Subject to the written agreement required by § 23-92-202 , withdrawals from the bank account shall be made only for the following: (1) Remittance to a plan or trust entitled to the funds; (2) Deposit in an account maintained in the name of the party with whom the administrator has a written agreement; (3) Transfer to and deposit in a claims-paying account; (4) Payment to the administrator for its commission, fees, or charges; (5) Remittance of return premiums to the person entitled to the funds; or (6) Payment of funds for premiums of reinsurance or pursuant to the provisions of any other contract entered into by the trust or plan. (e) This section does not apply to a third-party administrator as defined in § 23-92-201 . Amended by Act 2015, No. 689,§ 3, eff. 7/22/2015. Acts 1985, No. 796, § 5; A.S.A. 1947, § 66-6007.

(a) An administrator is a fiduciary in collecting or returning premiums or charges for the party with whom it has a written agreement for administrative services.

(b) Funds collected by the administrator shall be immediately remitted to the person entitled to the funds or deposited in a separately identifiable bank account which shall be established and maintained by the administrator.

(c) The administrator shall maintain records clearly showing the deposits and withdrawals from the separately identifiable bank account for each party with whom it has a written agreement for administrative services. The administrator shall furnish to the party, upon his or her request, copies of the required records.

(d) Subject to the written agreement required by § 23-92-202 , withdrawals from the bank account shall be made only for the following: (1) Remittance to a plan or trust entitled to the funds; (2) Deposit in an account maintained in the name of the party with whom the administrator has a written agreement; (3) Transfer to and deposit in a claims-paying account; (4) Payment to the administrator for its commission, fees, or charges; (5) Remittance of return premiums to the person entitled to the funds; or (6) Payment of funds for premiums of reinsurance or pursuant to the provisions of any other contract entered into by the trust or plan.

(1) Remittance to a plan or trust entitled to the funds;

(2) Deposit in an account maintained in the name of the party with whom the administrator has a written agreement;

(3) Transfer to and deposit in a claims-paying account;

(4) Payment to the administrator for its commission, fees, or charges;

(5) Remittance of return premiums to the person entitled to the funds; or

(6) Payment of funds for premiums of reinsurance or pursuant to the provisions of any other contract entered into by the trust or plan.

(e) This section does not apply to a third-party administrator as defined in § 23-92-201 .

Amended by Act 2015, No. 689,§ 3, eff. 7/22/2015.

Acts 1985, No. 796, § 5; A.S.A. 1947, § 66-6007.
Ark. Code Ann. § 23-79-136 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-136
Agreement for insurer to invest premium prohibited
Status: in_force

(a) It is unlawful for any insurance company authorized to do business in this state to issue or offer for sale or issue in this state any policy of insurance under which the insurer agrees to invest a portion of the policy premium, whether for one (1) or more years, and hold a portion of the policy premium for investment in its own name either directly or indirectly, or as trustee for the benefit of the insured or for the benefit of a certain class of policyholders. (b) Any insurance company issuing or offering to issue any policy in violation of the provisions of subsection (a) of this section upon conviction shall be fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), and in addition, the authority of the insurance company to do business in this state may be revoked. (c) (1) This section shall not be construed to prohibit the offer or sale of a variable annuity contract issued, or variable benefit payable, in compliance with the applicable requirements of the Arkansas Insurance Code, the Securities Act of 1933, the Investment Company Act of 1940, and the Arkansas Securities Act, § 23-42-101 et seq. (2) This section shall not apply to contracts with respect to amounts maintained by insurers in such group pension, profit-sharing, and annuity separate accounts as may be authorized by law. (3) This section shall not apply to policy provisions permitting benefits to be left on deposit with the insurer at a specified rate of interest. Acts 1967, No. 185, §§ 1-3; A.S.A. 1947, §§ 66-3245 -- 66-3247; Acts 2005, No. 1994, § 441.

(a) It is unlawful for any insurance company authorized to do business in this state to issue or offer for sale or issue in this state any policy of insurance under which the insurer agrees to invest a portion of the policy premium, whether for one (1) or more years, and hold a portion of the policy premium for investment in its own name either directly or indirectly, or as trustee for the benefit of the insured or for the benefit of a certain class of policyholders.

(b) Any insurance company issuing or offering to issue any policy in violation of the provisions of subsection (a) of this section upon conviction shall be fined in any sum not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), and in addition, the authority of the insurance company to do business in this state may be revoked.

(c) (1) This section shall not be construed to prohibit the offer or sale of a variable annuity contract issued, or variable benefit payable, in compliance with the applicable requirements of the Arkansas Insurance Code, the Securities Act of 1933, the Investment Company Act of 1940, and the Arkansas Securities Act, § 23-42-101 et seq. (2) This section shall not apply to contracts with respect to amounts maintained by insurers in such group pension, profit-sharing, and annuity separate accounts as may be authorized by law. (3) This section shall not apply to policy provisions permitting benefits to be left on deposit with the insurer at a specified rate of interest.

(1) This section shall not be construed to prohibit the offer or sale of a variable annuity contract issued, or variable benefit payable, in compliance with the applicable requirements of the Arkansas Insurance Code, the Securities Act of 1933, the Investment Company Act of 1940, and the Arkansas Securities Act, § 23-42-101 et seq.

(2) This section shall not apply to contracts with respect to amounts maintained by insurers in such group pension, profit-sharing, and annuity separate accounts as may be authorized by law.

(3) This section shall not apply to policy provisions permitting benefits to be left on deposit with the insurer at a specified rate of interest.

Acts 1967, No. 185, §§ 1-3; A.S.A. 1947, §§ 66-3245 -- 66-3247; Acts 2005, No. 1994, § 441.
Ark. Code Ann. § 23-79-2301 — AR Code / Title 23 / Chapter 79 / Subchapter 23 / Section 23-79-2301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Fairness in Cost Sharing Act". Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Arkansas Fairness in Cost Sharing Act".

Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 23-51-138 — AR Code / Title 23 / Chapter 51 / Section 23-51-138
Objection to other transfer
Status: in_force

This chapter may not be construed to prevent the Bank Commissioner from investigating, commenting on, or seeking to enjoin or set aside a transfer of voting securities that evidence a direct or indirect interest in a state trust company, regardless of whether the transfer is included within this chapter, if the commissioner considers the transfer to be against the public interest. Acts 1997, No. 940, § 38.

This chapter may not be construed to prevent the Bank Commissioner from investigating, commenting on, or seeking to enjoin or set aside a transfer of voting securities that evidence a direct or indirect interest in a state trust company, regardless of whether the transfer is included within this chapter, if the commissioner considers the transfer to be against the public interest.

Acts 1997, No. 940, § 38.
Ark. Code Ann. § 23-79-401 — AR Code / Title 23 / Chapter 79 / Subchapter 4 / Section 23-79-401
Title
Status: in_force

This subchapter shall be known and cited as the "Medicare Supplement Insurance Minimum Standards Act". Acts 1992 (1st Ex. Sess.), No. 72, § 3.

This subchapter shall be known and cited as the "Medicare Supplement Insurance Minimum Standards Act".

Acts 1992 (1st Ex. Sess.), No. 72, § 3.
Ark. Code Ann. § 23-61-116 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-116
Annual report on health insurance fraud
Status: in_force

Annually on or before March 1, the Insurance Commissioner shall submit to the Secretary of the Department of Commerce, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Attorney General a report summarizing the State Insurance Department's activities to investigate and combat health insurance fraud, including without limitation information regarding: (1) Referrals received; (2) Investigations initiated; (3) Investigations completed; and (4) Other material necessary or desirable to evaluate the department's efforts under this section. Amended by Act 2019, No. 910,§ 599, eff. 7/1/2019. Added by Act 2013, No. 1499,§ 3, eff. 7/1/2013.

Annually on or before March 1, the Insurance Commissioner shall submit to the Secretary of the Department of Commerce, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Attorney General a report summarizing the State Insurance Department's activities to investigate and combat health insurance fraud, including without limitation information regarding:

(1) Referrals received;

(2) Investigations initiated;

(3) Investigations completed; and

(4) Other material necessary or desirable to evaluate the department's efforts under this section.

Amended by Act 2019, No. 910,§ 599, eff. 7/1/2019.

Added by Act 2013, No. 1499,§ 3, eff. 7/1/2013.
Ark. Code Ann. § 23-110-411 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-411
Admission tax
Status: in_force

(a) Each franchise holder authorized to conduct a race meet under this chapter shall pay to the Arkansas Racing Commission for the use and benefit of the State of Arkansas either ten percent (10%) of all moneys received each day from admissions paid by persons attending the races at the meeting or the sum of ten cents (10¢) on each and every paid admission, whichever sum is the greater. All payments provided in this section shall be made each day of any and every race meeting. (b) (1) The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of such passes. (2) It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale, for any consideration, any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder. (3) Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall be guilty of a Class B misdemeanor upon conviction for each such offense. Acts 1957, No. 46, § 24; A.S.A. 1947, § 84-2750; Acts 1991, No. 664, § 1; 1991, No. 1020, § 1; 1999, No. 1508, §§ 7, 10; 2005, No. 1994, § 239.

(a) Each franchise holder authorized to conduct a race meet under this chapter shall pay to the Arkansas Racing Commission for the use and benefit of the State of Arkansas either ten percent (10%) of all moneys received each day from admissions paid by persons attending the races at the meeting or the sum of ten cents (10¢) on each and every paid admission, whichever sum is the greater. All payments provided in this section shall be made each day of any and every race meeting.

(b) (1) The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of such passes. (2) It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale, for any consideration, any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder. (3) Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall be guilty of a Class B misdemeanor upon conviction for each such offense.

(1) The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of such passes.

(2) It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale, for any consideration, any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder.

(3) Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall be guilty of a Class B misdemeanor upon conviction for each such offense.

Acts 1957, No. 46, § 24; A.S.A. 1947, § 84-2750; Acts 1991, No. 664, § 1; 1991, No. 1020, § 1; 1999, No. 1508, §§ 7, 10; 2005, No. 1994, § 239.
Ark. Code Ann. § 23-18-505 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-505
Arkansas Water and Air Pollution Control Act unaffected by subchapter
Status: in_force

Nothing contained in this subchapter shall be deemed to amend the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , and 8-4-301 - 8-4-313 . Acts 1973, No. 164, § 19; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.18.

Nothing contained in this subchapter shall be deemed to amend the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , and 8-4-301 - 8-4-313 .

Acts 1973, No. 164, § 19; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.18.
Ark. Code Ann. § 23-80-402 — AR Code / Title 23 / Chapter 80 / Subchapter 4 / Section 23-80-402
Definitions
Status: in_force

As used in this subchapter: (1) "Commissioner" means the Insurance Commissioner; (2) "Covered person" means a person on whose behalf a health benefit plan is obligated to pay benefits pursuant to the health benefit plan; and (3) "Health benefit plan" means any individual, blanket, or group plan, policy, certificate, or contract for healthcare services issued or delivered in this state, including indemnity plans, managed care plans, plans provided or arranged by fraternal benefit societies, plans provided or arranged by health maintenance organizations, health governmental plans as defined in 29 U.S.C. § 1002(32) , as in effect January 1, 2001, plans provided through a multiple employer welfare arrangement, or plans provided through another benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974, as in effect January 1, 2001, or by any waiver of or other exception to that act provided under federal law or regulation, as in effect January 1, 2001. Acts 2001, No. 1409, § 2.

As used in this subchapter:

(1) "Commissioner" means the Insurance Commissioner;

(2) "Covered person" means a person on whose behalf a health benefit plan is obligated to pay benefits pursuant to the health benefit plan; and

(3) "Health benefit plan" means any individual, blanket, or group plan, policy, certificate, or contract for healthcare services issued or delivered in this state, including indemnity plans, managed care plans, plans provided or arranged by fraternal benefit societies, plans provided or arranged by health maintenance organizations, health governmental plans as defined in 29 U.S.C. § 1002(32) , as in effect January 1, 2001, plans provided through a multiple employer welfare arrangement, or plans provided through another benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974, as in effect January 1, 2001, or by any waiver of or other exception to that act provided under federal law or regulation, as in effect January 1, 2001.

Acts 2001, No. 1409, § 2.
Ark. Code Ann. § 23-81-122 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-122
Annuity and pure endowment contracts - Grace period provision
Status: in_force

(a) In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that there shall be a period of grace of one (1) month, but not less than thirty (30) days, within which any stipulated payment to the insurer falling due after the first may be made, subject at the option of the insurer to an interest charge thereon at a rate to be specified in the contract but not exceeding six percent (6%) per annum for the number of days of grace elapsing before the payment, during which period of grace the contract shall continue in full force. (b) However, in case a claim arises under the contract on account of death prior to expiration of the period of grace before the overdue payment to the insurer or the deferred payment of the current contract year, if any, is made, the amount of the payments, with interest on any overdue payments, may be deducted from any amount payable under the contract in settlement. Acts 1959, No. 148, § 325; A.S.A. 1947, § 66-3316.

(a) In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that there shall be a period of grace of one (1) month, but not less than thirty (30) days, within which any stipulated payment to the insurer falling due after the first may be made, subject at the option of the insurer to an interest charge thereon at a rate to be specified in the contract but not exceeding six percent (6%) per annum for the number of days of grace elapsing before the payment, during which period of grace the contract shall continue in full force.

(b) However, in case a claim arises under the contract on account of death prior to expiration of the period of grace before the overdue payment to the insurer or the deferred payment of the current contract year, if any, is made, the amount of the payments, with interest on any overdue payments, may be deducted from any amount payable under the contract in settlement.

Acts 1959, No. 148, § 325; A.S.A. 1947, § 66-3316.
Ark. Code Ann. § 23-12-802 — AR Code / Title 23 / Chapter 12 / Subchapter 8 / Section 23-12-802
Trespassers boarding trains
Status: in_force

Any person who boards any passenger, freight, or other railway train, whether moving or standing still, for any purpose and without good faith intending to become a passenger on the train and with no lawful business on the train and with intent to obtain a free ride on the train, however short the distance, without the consent of the person or persons in charge of the train is guilty of a violation. Upon conviction under this section, that person shall be punished by a fine of not less than one dollar ($1.00) nor more than ten dollars ($10.00). However, no person shall be so arrested except at the request of an agent or employee of the railroad company. Amended by Act 2023, No. 180,§ 6, eff. 8/1/2023. Acts 1905, No. 191, § 1, p. 489; C. & M. Dig., § 8592; Pope's Dig., § 11170; Acts 1939, No. 55, § 1; A.S.A. 1947, § 73-1104.

Any person who boards any passenger, freight, or other railway train, whether moving or standing still, for any purpose and without good faith intending to become a passenger on the train and with no lawful business on the train and with intent to obtain a free ride on the train, however short the distance, without the consent of the person or persons in charge of the train is guilty of a violation. Upon conviction under this section, that person shall be punished by a fine of not less than one dollar ($1.00) nor more than ten dollars ($10.00). However, no person shall be so arrested except at the request of an agent or employee of the railroad company.

Amended by Act 2023, No. 180,§ 6, eff. 8/1/2023.

Acts 1905, No. 191, § 1, p. 489; C. & M. Dig., § 8592; Pope's Dig., § 11170; Acts 1939, No. 55, § 1; A.S.A. 1947, § 73-1104.
Ark. Code Ann. § 23-10-408 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-408
Contracts or rules abridging liability of railroad void
Status: in_force

(a) It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any shipper of any livestock, merchandise, or other freight for the purpose of abridging, modifying, limiting, or abrogating the statutory and common law duties and liabilities of the railroad as a common carrier. All agreements and contracts made for that purpose are declared to be void and shall not be enforced by any of the courts of this state. (b) All rules prescribed by any railroad for the transportation of any merchandise, livestock, or other freight which are inconsistent with the common law and statutory duties and liabilities of railroads as common carriers or that in anywise limit or abridge the statutory and common laws and rights of any shipper are declared to be void and shall not be enforced by any of the courts of this state. Amended by Act 2019, No. 315,§ 2401, eff. 7/24/2019. Acts 1907, No. 239, §§ 1, 2, p. 557; C. & M. Dig., §§ 843, 844; Pope's Dig., §§ 1047, 1048; A.S.A. 1947, §§ 73-1356, 73-1357.

(a) It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any shipper of any livestock, merchandise, or other freight for the purpose of abridging, modifying, limiting, or abrogating the statutory and common law duties and liabilities of the railroad as a common carrier. All agreements and contracts made for that purpose are declared to be void and shall not be enforced by any of the courts of this state.

(b) All rules prescribed by any railroad for the transportation of any merchandise, livestock, or other freight which are inconsistent with the common law and statutory duties and liabilities of railroads as common carriers or that in anywise limit or abridge the statutory and common laws and rights of any shipper are declared to be void and shall not be enforced by any of the courts of this state.

Amended by Act 2019, No. 315,§ 2401, eff. 7/24/2019.

Acts 1907, No. 239, §§ 1, 2, p. 557; C. & M. Dig., §§ 843, 844; Pope's Dig., §§ 1047, 1048; A.S.A. 1947, §§ 73-1356, 73-1357.
Ark. Code Ann. § 23-10-417 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-417
Cars detained for fault of shipper - Demurrage charges
Status: in_force

(a) (1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a day the cars are so detained or held. (2) In case of imperfect or excessive loading, the shipper shall be notified thereof as early as practicable after the cars have been received from him or her, in which case, car service charges shall begin at the time of notification. (b) No demurrage charge provided in this section shall be collected by the railroad company after the car has been removed from the point of shipment. Acts 1907, No. 193, § 7, p. 453; C. & M. Dig., § 902; Pope's Dig., § 1106; A.S.A. 1947, § 73-1316.

(a) (1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a day the cars are so detained or held. (2) In case of imperfect or excessive loading, the shipper shall be notified thereof as early as practicable after the cars have been received from him or her, in which case, car service charges shall begin at the time of notification.

(1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a day the cars are so detained or held.

(2) In case of imperfect or excessive loading, the shipper shall be notified thereof as early as practicable after the cars have been received from him or her, in which case, car service charges shall begin at the time of notification.

(b) No demurrage charge provided in this section shall be collected by the railroad company after the car has been removed from the point of shipment.

Acts 1907, No. 193, § 7, p. 453; C. & M. Dig., § 902; Pope's Dig., § 1106; A.S.A. 1947, § 73-1316.
Ark. Code Ann. § 23-2-109 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-109
Expenses of commission
Status: in_force

All expenses incurred by the Arkansas Public Service Commission pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers, and employees incurred while on business of the commission, shall be paid from the funds provided for the use of the commission after being approved by the commission. Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-106.

All expenses incurred by the Arkansas Public Service Commission pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the commissioners, their officers, and employees incurred while on business of the commission, shall be paid from the funds provided for the use of the commission after being approved by the commission.

Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-106.
Ark. Code Ann. § 23-11-211 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-211
Annual and special meetings of stockholders
Status: in_force

(a) Every railroad corporation incorporated under the laws of this state shall prescribe in its bylaws the time for holding an annual meeting of the stockholders of the corporation for the purpose of electing directors and the transaction of such other business as may be necessary or desirable. (b) The meeting shall be held upon the date fixed by the bylaws at such time and place within or without the State of Arkansas as shall be determined by the board of directors. (c) Notice of the meeting setting forth the time and place of the meeting shall be given to each stockholder at least ten (10) days in advance of the meeting by mailing notice in the United States mail to the stockholder at his or her last address of record on the stock records of the corporation. (d) (1) Special meetings of stockholders may be called at any time during the interval between annual meetings by a majority of the board of directors or by stockholders owning not less than one-third (1/3) of the stock and by giving notice to all stockholders in the manner provided for notice of annual meetings by subsection (c) of this section, at least twenty (20) days in advance of the date fixed for the meeting. (2) When any special meeting is called, the particular object of the call shall be stated. If at any special meeting thus called a majority in value of the stockholders are not present in person or by proxy, then no business shall be transacted. (e) Notice of any annual or special meeting of stockholders may be waived in writing. Acts 1959, No. 30, § 10; A.S.A. 1947, § 73-324.3.

(a) Every railroad corporation incorporated under the laws of this state shall prescribe in its bylaws the time for holding an annual meeting of the stockholders of the corporation for the purpose of electing directors and the transaction of such other business as may be necessary or desirable.

(b) The meeting shall be held upon the date fixed by the bylaws at such time and place within or without the State of Arkansas as shall be determined by the board of directors.

(c) Notice of the meeting setting forth the time and place of the meeting shall be given to each stockholder at least ten (10) days in advance of the meeting by mailing notice in the United States mail to the stockholder at his or her last address of record on the stock records of the corporation.

(d) (1) Special meetings of stockholders may be called at any time during the interval between annual meetings by a majority of the board of directors or by stockholders owning not less than one-third (1/3) of the stock and by giving notice to all stockholders in the manner provided for notice of annual meetings by subsection (c) of this section, at least twenty (20) days in advance of the date fixed for the meeting. (2) When any special meeting is called, the particular object of the call shall be stated. If at any special meeting thus called a majority in value of the stockholders are not present in person or by proxy, then no business shall be transacted.

(1) Special meetings of stockholders may be called at any time during the interval between annual meetings by a majority of the board of directors or by stockholders owning not less than one-third (1/3) of the stock and by giving notice to all stockholders in the manner provided for notice of annual meetings by subsection (c) of this section, at least twenty (20) days in advance of the date fixed for the meeting.

(2) When any special meeting is called, the particular object of the call shall be stated. If at any special meeting thus called a majority in value of the stockholders are not present in person or by proxy, then no business shall be transacted.

(e) Notice of any annual or special meeting of stockholders may be waived in writing.

Acts 1959, No. 30, § 10; A.S.A. 1947, § 73-324.3.
Ark. Code Ann. § 23-38-217 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-217
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 34a, as added by Acts 1931, No. 236, § 15; Pope's Dig., § 1012; A.S.A. 1947, § 67-837.

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

Acts 1929, No. 128, § 34a, as added by Acts 1931, No. 236, § 15; Pope's Dig., § 1012; A.S.A. 1947, § 67-837.
Ark. Code Ann. § 23-18-327 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-327
Nonprofit operation - Use of revenues
Status: in_force

(a) Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation shall be sufficient at all times: (1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business and the principal of and interest on the obligations issued or assumed by the corporation in the performance of the purpose for which it was organized; and (2) For the creation of reserves. (b) The revenues of the corporation shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations. Thereafter, the revenues shall be devoted to such reserves for improvement, new construction, depreciation, and contingencies as the board may from time to time prescribe. (c) Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the members on a pro rata basis according to the amount of business done with each during the period either in cash, in abatement of current charges for electric energy, or otherwise as the board determines, but return may be made by way of general rate reduction to members if the board so elects. (d) If a corporation organized under this subchapter declares a capital credit and any capital credit remains unclaimed after notice thereof was transmitted to the last known address of the beneficiary of the unclaimed capital credit, the unclaimed capital credit shall not be deemed unclaimed or abandoned property under § 18-28-201 et seq. Acts 1937, No. 342, § 25; Pope's Dig., § 2339; A.S.A. 1947, § 77-1125; Acts 2003, No. 334, § 1.

(a) Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation shall be sufficient at all times: (1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business and the principal of and interest on the obligations issued or assumed by the corporation in the performance of the purpose for which it was organized; and (2) For the creation of reserves.

(1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business and the principal of and interest on the obligations issued or assumed by the corporation in the performance of the purpose for which it was organized; and

(2) For the creation of reserves.

(b) The revenues of the corporation shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations. Thereafter, the revenues shall be devoted to such reserves for improvement, new construction, depreciation, and contingencies as the board may from time to time prescribe.

(c) Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the members on a pro rata basis according to the amount of business done with each during the period either in cash, in abatement of current charges for electric energy, or otherwise as the board determines, but return may be made by way of general rate reduction to members if the board so elects.

(d) If a corporation organized under this subchapter declares a capital credit and any capital credit remains unclaimed after notice thereof was transmitted to the last known address of the beneficiary of the unclaimed capital credit, the unclaimed capital credit shall not be deemed unclaimed or abandoned property under § 18-28-201 et seq.

Acts 1937, No. 342, § 25; Pope's Dig., § 2339; A.S.A. 1947, § 77-1125; Acts 2003, No. 334, § 1.
Ark. Code Ann. § 23-103-410 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-410
Title insurance inventory maintenance
Status: in_force

(a) The title insurer and the title insurance agency shall each maintain an inventory of all numbered policy forms or policy numbers assigned to the title insurance agency by the title insurer. (b) If title insurance policies are generated electronically by the title insurer, the title insurer shall maintain the inventory of policy numbers assigned to the title insurance agency. Acts 2007, No. 684, § 6; 2009, No. 1190, § 7.

(a) The title insurer and the title insurance agency shall each maintain an inventory of all numbered policy forms or policy numbers assigned to the title insurance agency by the title insurer.

(b) If title insurance policies are generated electronically by the title insurer, the title insurer shall maintain the inventory of policy numbers assigned to the title insurance agency.

Acts 2007, No. 684, § 6; 2009, No. 1190, § 7.
Ark. Code Ann. § 23-79-2201 — AR Code / Title 23 / Chapter 79 / Subchapter 22 / Section 23-79-2201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Coverage for Early Refills of Prescription Eye Drops Act". Added by Act 2021, No. 357,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Arkansas Coverage for Early Refills of Prescription Eye Drops Act".

Added by Act 2021, No. 357,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-87-101 — AR Code / Title 23 / Chapter 87 / Section 23-87-101
Title
Status: in_force

This chapter may be cited as the "Model Act for the Regulation of Credit Life Insurance and Credit Disability Insurance". Acts 1959, No. 148, § 428; A.S.A. 1947, § 66-3802.

This chapter may be cited as the "Model Act for the Regulation of Credit Life Insurance and Credit Disability Insurance".

Acts 1959, No. 148, § 428; A.S.A. 1947, § 66-3802.
Ark. Code Ann. § 23-14-121 — AR Code / Title 23 / Chapter 14 / Section 23-14-121
Tariffs
Status: in_force

(a) Filing. A common carrier by aircraft shall file with the Arkansas Department of Transportation, print, and make available to the public tariffs showing all rates, fares, and charges for air commerce between points served by it, and between points served by it and points served by any other common carrier by aircraft when through-air commerce service and rates have been established, and all classifications, rules, regulations, practices, and services in connection with such commerce. The tariffs shall be filed in such manner and form as shall be prescribed by the department. (b) Observance. No common carrier by aircraft shall charge, demand, collect, or receive a greater or lesser or different compensation for air commerce, or for any service in connection therewith, than the rates, fares, and charges specified in its currently effective tariffs. Amended by Act 2017, No. 707,§ 249, eff. 8/1/2017. Acts 1945, No. 252, § 14; A.S.A. 1947, § 74-415.

(a) Filing. A common carrier by aircraft shall file with the Arkansas Department of Transportation, print, and make available to the public tariffs showing all rates, fares, and charges for air commerce between points served by it, and between points served by it and points served by any other common carrier by aircraft when through-air commerce service and rates have been established, and all classifications, rules, regulations, practices, and services in connection with such commerce. The tariffs shall be filed in such manner and form as shall be prescribed by the department.

(b) Observance. No common carrier by aircraft shall charge, demand, collect, or receive a greater or lesser or different compensation for air commerce, or for any service in connection therewith, than the rates, fares, and charges specified in its currently effective tariffs.

Amended by Act 2017, No. 707,§ 249, eff. 8/1/2017.

Acts 1945, No. 252, § 14; A.S.A. 1947, § 74-415.
Ark. Code Ann. § 23-114-302 — AR Code / Title 23 / Chapter 114 / Subchapter 3 / Section 23-114-302
License fees - Authorized organizations
Status: in_force

(a) An authorized organization license to conduct games of bingo and raffles may be issued to an authorized organization and is subject to renewal on an annual basis. The annual fee for this license shall be one hundred dollars ($100). (b) In lieu of the annual license issued under subsection (a) of this section, an authorized organization, at its request, may be issued one (1) or more of the following temporary authorized organization licenses: (1) A temporary license to conduct one (1) bingo session. The fee for this temporary license is twenty-five dollars ($25.00); (2) A temporary license, to be known as a "Class I temporary raffle license", to conduct one (1) raffle other than a raffle under subdivision (b)(3) of this section. The fee for this temporary license is twenty-five dollars ($25.00); and (3) A temporary license, to be known as a "Class II temporary raffle license", to conduct one (1) raffle in which the total prize package to be given away has been donated and has a total value of less than five thousand dollars ($5,000). The fee for this temporary license is ten dollars ($10.00). Acts 2007, No. 388, § 1; 2009, No. 499, § 4.

(a) An authorized organization license to conduct games of bingo and raffles may be issued to an authorized organization and is subject to renewal on an annual basis. The annual fee for this license shall be one hundred dollars ($100).

(b) In lieu of the annual license issued under subsection (a) of this section, an authorized organization, at its request, may be issued one (1) or more of the following temporary authorized organization licenses: (1) A temporary license to conduct one (1) bingo session. The fee for this temporary license is twenty-five dollars ($25.00); (2) A temporary license, to be known as a "Class I temporary raffle license", to conduct one (1) raffle other than a raffle under subdivision (b)(3) of this section. The fee for this temporary license is twenty-five dollars ($25.00); and (3) A temporary license, to be known as a "Class II temporary raffle license", to conduct one (1) raffle in which the total prize package to be given away has been donated and has a total value of less than five thousand dollars ($5,000). The fee for this temporary license is ten dollars ($10.00).

(1) A temporary license to conduct one (1) bingo session. The fee for this temporary license is twenty-five dollars ($25.00);

(2) A temporary license, to be known as a "Class I temporary raffle license", to conduct one (1) raffle other than a raffle under subdivision (b)(3) of this section. The fee for this temporary license is twenty-five dollars ($25.00); and

(3) A temporary license, to be known as a "Class II temporary raffle license", to conduct one (1) raffle in which the total prize package to be given away has been donated and has a total value of less than five thousand dollars ($5,000). The fee for this temporary license is ten dollars ($10.00).

Acts 2007, No. 388, § 1; 2009, No. 499, § 4.
Ark. Code Ann. § 23-48-1007 — AR Code / Title 23 / Chapter 48 / Subchapter 10 / Section 23-48-1007
Service on out-of-state banks
Status: in_force

(a) The registered agent of a registered out-of-state bank is the bank's agent for service of process, notice, or demand required or permitted by law to be served on the out-of-state bank. (b) A registered out-of-state bank may be served by registered or certified mail, return receipt requested, addressed to the secretary or cashier of the out-of-state bank at its principal office shown in its application for a certificate of authority or in its most recent annual franchise tax report if the out-of-state bank: (1) Has no registered agent or its registered agent cannot with reasonable diligence be served; (2) Has withdrawn from transacting business in this state under § 23-48-1008 ; or (3) Has had its certificate of authority revoked under § 23-48-1010 . (c) Service is perfected under subsection (b) of this section at the earliest of: (1) The date the out-of-state bank receives the mail; (2) The date shown on the return receipt, if signed on behalf of the out-of-state bank; or (3) Five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed. (d) This section does not prescribe the only means, or necessarily the required means, of serving a registered out-of-state bank. Acts 1997, No. 408, § 20.

(a) The registered agent of a registered out-of-state bank is the bank's agent for service of process, notice, or demand required or permitted by law to be served on the out-of-state bank.

(b) A registered out-of-state bank may be served by registered or certified mail, return receipt requested, addressed to the secretary or cashier of the out-of-state bank at its principal office shown in its application for a certificate of authority or in its most recent annual franchise tax report if the out-of-state bank: (1) Has no registered agent or its registered agent cannot with reasonable diligence be served; (2) Has withdrawn from transacting business in this state under § 23-48-1008 ; or (3) Has had its certificate of authority revoked under § 23-48-1010 .

(1) Has no registered agent or its registered agent cannot with reasonable diligence be served;

(2) Has withdrawn from transacting business in this state under § 23-48-1008 ; or

(3) Has had its certificate of authority revoked under § 23-48-1010 .

(c) Service is perfected under subsection (b) of this section at the earliest of: (1) The date the out-of-state bank receives the mail; (2) The date shown on the return receipt, if signed on behalf of the out-of-state bank; or (3) Five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.

(1) The date the out-of-state bank receives the mail;

(2) The date shown on the return receipt, if signed on behalf of the out-of-state bank; or

(3) Five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.

(d) This section does not prescribe the only means, or necessarily the required means, of serving a registered out-of-state bank.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-67-407 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-407
Initial notification
Status: in_force

(a) (1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose either on the insurance application or at the time the insurance application is taken that it may obtain credit information in connection with the application. (2) The disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. (3) The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy if the insured has previously been provided a disclosure statement. (b) Use of the following example disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based score based on the information contained in that credit report. We may use a third party in connection with the development of your credit score.". Acts 2003, No. 1452, § 2.

(a) (1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose either on the insurance application or at the time the insurance application is taken that it may obtain credit information in connection with the application. (2) The disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. (3) The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy if the insured has previously been provided a disclosure statement.

(1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose either on the insurance application or at the time the insurance application is taken that it may obtain credit information in connection with the application.

(2) The disclosure shall be either written or provided to an applicant in the same medium as the application for insurance.

(3) The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy if the insured has previously been provided a disclosure statement.

(b) Use of the following example disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based score based on the information contained in that credit report. We may use a third party in connection with the development of your credit score.".

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-4-903 — AR Code / Title 23 / Chapter 4 / Subchapter 9 / Section 23-4-903
Notification of proposed rate change
Status: in_force

Each co-op not subject to rate case procedures, at least ninety (90) days before the effective date of any proposed rate change, shall notify the Arkansas Public Service Commission and each of its member-consumers of the proposed rate change. Notice to the commission shall include a verified statement showing the then total number of member-consumers of the co-op. Notice by the co-op to its member-consumers shall: (1) Be in a form prescribed by the commission; (2) Be by regular mail and may be included in regular member-consumer billings or in regularly published co-op newsletters provided to its member-consumers; and (3) Include a schedule of the proposed rate change, the effective date of the proposed rate change, and the procedure necessary for the member-consumers to petition the commission to apply rate case procedures. Acts 1987, No. 821, § 3.

Each co-op not subject to rate case procedures, at least ninety (90) days before the effective date of any proposed rate change, shall notify the Arkansas Public Service Commission and each of its member-consumers of the proposed rate change. Notice to the commission shall include a verified statement showing the then total number of member-consumers of the co-op. Notice by the co-op to its member-consumers shall:

(1) Be in a form prescribed by the commission;

(2) Be by regular mail and may be included in regular member-consumer billings or in regularly published co-op newsletters provided to its member-consumers; and

(3) Include a schedule of the proposed rate change, the effective date of the proposed rate change, and the procedure necessary for the member-consumers to petition the commission to apply rate case procedures.

Acts 1987, No. 821, § 3.
Ark. Code Ann. § 23-89-516 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-516
Records
Status: in_force

(a) The Director of the Division of Labor shall keep records and statistics by year of serious injuries and fatalities resulting from amusement ride accidents. Such records and statistics shall specify the year of the accident, type of injury, type of amusement ride or amusement attraction involved, and cause of the accident. (b) Each owner or operator shall retain on the premises or with a portable amusement ride the following records: (1) Proof of insurance coverage as required by this subchapter; (2) The latest safety inspection report by the Division of Labor and by the owner or operator's insurer; (3) All maintenance and repair records for a period of one (1) year; (4) All accident records for a period of one (1) year on premises, although such records shall be maintained and subject to being made available to the director for a period of three (3) years; (5) A record of employee or operator training for each employee authorized to operate, assemble, disassemble, transport, or conduct maintenance on an amusement ride or amusement attraction; and (6) A copy of any affidavit of nondestructive testing required by this subchapter. Amended by Act 2019, No. 910,§ 5518, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5517, eff. 7/1/2019. Acts 2001, No. 1365, § 12.

(a) The Director of the Division of Labor shall keep records and statistics by year of serious injuries and fatalities resulting from amusement ride accidents. Such records and statistics shall specify the year of the accident, type of injury, type of amusement ride or amusement attraction involved, and cause of the accident.

(b) Each owner or operator shall retain on the premises or with a portable amusement ride the following records: (1) Proof of insurance coverage as required by this subchapter; (2) The latest safety inspection report by the Division of Labor and by the owner or operator's insurer; (3) All maintenance and repair records for a period of one (1) year; (4) All accident records for a period of one (1) year on premises, although such records shall be maintained and subject to being made available to the director for a period of three (3) years; (5) A record of employee or operator training for each employee authorized to operate, assemble, disassemble, transport, or conduct maintenance on an amusement ride or amusement attraction; and (6) A copy of any affidavit of nondestructive testing required by this subchapter.

(1) Proof of insurance coverage as required by this subchapter;

(2) The latest safety inspection report by the Division of Labor and by the owner or operator's insurer;

(3) All maintenance and repair records for a period of one (1) year;

(4) All accident records for a period of one (1) year on premises, although such records shall be maintained and subject to being made available to the director for a period of three (3) years;

(5) A record of employee or operator training for each employee authorized to operate, assemble, disassemble, transport, or conduct maintenance on an amusement ride or amusement attraction; and

(6) A copy of any affidavit of nondestructive testing required by this subchapter.

Amended by Act 2019, No. 910,§ 5518, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5517, eff. 7/1/2019.

Acts 2001, No. 1365, § 12.
Ark. Code Ann. § 23-70-102 — AR Code / Title 23 / Chapter 70 / Section 23-70-102
Scope
Status: in_force

(a) All authorized reciprocal insurers shall be governed by those sections of this chapter not expressly made applicable to domestic reciprocals. (b) Existing authorized reciprocal insurers shall comply with the provisions of this chapter after January 1, 1960. Acts 1959, No. 148, § 512; A.S.A. 1947, § 66-4303.

(a) All authorized reciprocal insurers shall be governed by those sections of this chapter not expressly made applicable to domestic reciprocals.

(b) Existing authorized reciprocal insurers shall comply with the provisions of this chapter after January 1, 1960.

Acts 1959, No. 148, § 512; A.S.A. 1947, § 66-4303.
Ark. Code Ann. § 23-37-803 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-803
Penalties and remedies
Status: in_force

(a) In the event any association or savings and loan holding company consummates an acquisition that is prohibited by this subchapter, the Savings and Loan Association Board [abolished] shall require the association or savings and loan holding company to divest itself within two (2) years of its direct or indirect ownership or control of all Arkansas associations or Arkansas savings and loan holding companies. (b) The board shall have the power to enforce the prohibitions contained in these sections through the imposition of fines and penalties, the issuance of cease and desist orders, and such other remedies as are provided by law. Acts 1987, No. 45, § 11.

(a) In the event any association or savings and loan holding company consummates an acquisition that is prohibited by this subchapter, the Savings and Loan Association Board [abolished] shall require the association or savings and loan holding company to divest itself within two (2) years of its direct or indirect ownership or control of all Arkansas associations or Arkansas savings and loan holding companies.

(b) The board shall have the power to enforce the prohibitions contained in these sections through the imposition of fines and penalties, the issuance of cease and desist orders, and such other remedies as are provided by law.

Acts 1987, No. 45, § 11.
Ark. Code Ann. § 23-91-213 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-213
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 6; A.S.A. 1947, § 66-5406.

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

Acts 1977, No. 368, § 6; A.S.A. 1947, § 66-5406.
Ark. Code Ann. § 23-48-102 — AR Code / Title 23 / Chapter 48 / Subchapter 1 / Section 23-48-102
Trust companies no longer subject to banking laws
Status: in_force

(a) All trust companies, other than national trust companies and subsidiary trust companies, in existence on May 30, 1997, must cease operations as a trust company. (b) Trust companies, other than subsidiary trust companies and national trust companies, which have not become banks by May 31, 1997, by complying with the provisions of law for the formation of a bank, shall no longer act as or be authorized to act as a fiduciary, nor shall they be subject to laws governing banks or trust companies, or exercise or be authorized to exercise any powers granted banks or trust companies by those laws, but instead will automatically become business corporations and be subject to the Arkansas Business Corporation Act, § 4-27-101 et seq., and the Bank Commissioner shall deliver certified copies of the articles of incorporation, all amendments thereto, and all other corporate filings of those trust companies to the Secretary of State for inclusion in his or her official records of filings of business corporations. Acts 1997, No. 89, § 1.

(a) All trust companies, other than national trust companies and subsidiary trust companies, in existence on May 30, 1997, must cease operations as a trust company.

(b) Trust companies, other than subsidiary trust companies and national trust companies, which have not become banks by May 31, 1997, by complying with the provisions of law for the formation of a bank, shall no longer act as or be authorized to act as a fiduciary, nor shall they be subject to laws governing banks or trust companies, or exercise or be authorized to exercise any powers granted banks or trust companies by those laws, but instead will automatically become business corporations and be subject to the Arkansas Business Corporation Act, § 4-27-101 et seq., and the Bank Commissioner shall deliver certified copies of the articles of incorporation, all amendments thereto, and all other corporate filings of those trust companies to the Secretary of State for inclusion in his or her official records of filings of business corporations.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-99-804 — AR Code / Title 23 / Chapter 99 / Subchapter 8 / Section 23-99-804
Health insurer - Healthcare provider contracts
Status: in_force

(a) A healthcare provider, including without limitation a physician, nurse, pharmacist, dentist, physical therapist, physician assistant, or any other healthcare provider licensed and in good standing with the state licensing board responsible for the licensing of the healthcare provider, shall not be excluded from contracting with a health insurer, third-party administrator, pharmacy benefits manager, or other entity that is subject to § 23-99-802 , if the healthcare provider is permitted to participate in Medicare, Medicaid, or any other federal health benefit plan. (b) This section does not preempt § 23-99-204 regarding the requirement that a healthcare provider accept a health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization regulations and quality standards to participate in that health benefit plan. Added by Act 2019, No. 589,§ 1, eff. 3/29/2019.

(a) A healthcare provider, including without limitation a physician, nurse, pharmacist, dentist, physical therapist, physician assistant, or any other healthcare provider licensed and in good standing with the state licensing board responsible for the licensing of the healthcare provider, shall not be excluded from contracting with a health insurer, third-party administrator, pharmacy benefits manager, or other entity that is subject to § 23-99-802 , if the healthcare provider is permitted to participate in Medicare, Medicaid, or any other federal health benefit plan.

(b) This section does not preempt § 23-99-204 regarding the requirement that a healthcare provider accept a health benefit plan's operating terms and conditions, schedule of fees, covered expenses, and utilization regulations and quality standards to participate in that health benefit plan.

Added by Act 2019, No. 589,§ 1, eff. 3/29/2019.
Ark. Code Ann. § 23-63-1903 — AR Code / Title 23 / Chapter 63 / Subchapter 19 / Section 23-63-1903
Annual statement of actuarial opinion, actuarial opinion summary, and supporting documentation required
Status: in_force

(a) (1) Unless exempted by the Insurance Commissioner, a property and casualty insurance company doing business in this state shall annually file with the commissioner a statement of actuarial opinion and an actuarial opinion summary. (2) A property and casualty insurance company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request. (b) (1) An actuarial report and underlying work papers as required by the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions shall be prepared to support each statement of actuarial opinion. (2) If a property and casualty insurance company fails to provide a supporting actuarial report or underlying work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company are not acceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the property and casualty insurance company to: (A) Review the statement of actuarial opinion and the basis for the statement of actuarial opinion; and (B) Prepare the supporting actuarial report or work papers. Acts 2009, No. 726, § 24.

(a) (1) Unless exempted by the Insurance Commissioner, a property and casualty insurance company doing business in this state shall annually file with the commissioner a statement of actuarial opinion and an actuarial opinion summary. (2) A property and casualty insurance company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.

(1) Unless exempted by the Insurance Commissioner, a property and casualty insurance company doing business in this state shall annually file with the commissioner a statement of actuarial opinion and an actuarial opinion summary.

(2) A property and casualty insurance company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.

(b) (1) An actuarial report and underlying work papers as required by the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions shall be prepared to support each statement of actuarial opinion. (2) If a property and casualty insurance company fails to provide a supporting actuarial report or underlying work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company are not acceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the property and casualty insurance company to: (A) Review the statement of actuarial opinion and the basis for the statement of actuarial opinion; and (B) Prepare the supporting actuarial report or work papers.

(1) An actuarial report and underlying work papers as required by the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions shall be prepared to support each statement of actuarial opinion.

(2) If a property and casualty insurance company fails to provide a supporting actuarial report or underlying work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company are not acceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the property and casualty insurance company to: (A) Review the statement of actuarial opinion and the basis for the statement of actuarial opinion; and (B) Prepare the supporting actuarial report or work papers.

(A) Review the statement of actuarial opinion and the basis for the statement of actuarial opinion; and

(B) Prepare the supporting actuarial report or work papers.

Acts 2009, No. 726, § 24.
Ark. Code Ann. § 23-61-906 — AR Code / Title 23 / Chapter 61 / Subchapter 9 / Section 23-61-906
Data submission
Status: in_force

(a) Except as provided in subsection (d) of this section, no later than January 1, 2016, and every quarter thereafter, a submitting entity shall submit health and dental claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter, and provider files to the Arkansas Healthcare Transparency Initiative in accordance with standards and procedures adopted by the State Insurance Department. (b) Data submitted under this subchapter shall be treated as confidential and are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., and are not subject to subpoena, except to the extent provided in § 23-61-205 . (c) The collection, storage, and release of data and other information under this section is subject to applicable state and federal data privacy and security law. (d) No later than July 1, 2015, a submitting entity shall submit health and dental claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter to the Arkansas Healthcare Transparency Initiative to support deliberations of the Arkansas Health Reform Legislative Task Force. Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.

(a) Except as provided in subsection (d) of this section, no later than January 1, 2016, and every quarter thereafter, a submitting entity shall submit health and dental claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter, and provider files to the Arkansas Healthcare Transparency Initiative in accordance with standards and procedures adopted by the State Insurance Department.

(b) Data submitted under this subchapter shall be treated as confidential and are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., and are not subject to subpoena, except to the extent provided in § 23-61-205 .

(c) The collection, storage, and release of data and other information under this section is subject to applicable state and federal data privacy and security law.

(d) No later than July 1, 2015, a submitting entity shall submit health and dental claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter to the Arkansas Healthcare Transparency Initiative to support deliberations of the Arkansas Health Reform Legislative Task Force.

Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.
Ark. Code Ann. § 23-83-125 — AR Code / Title 23 / Chapter 83 / Section 23-83-125
Assignment of rights or incidents of ownership
Status: in_force

Nothing in §§ 23-83-101 - 23-83-124 shall prohibit a person who is insured under any group policy from making an assignment or otherwise disposing of all or any part of his or her rights or incidents of ownership under the policy. Acts 1981, No. 898, § 25; A.S.A. 1947, § 66-3525; Acts 2001, No. 1382, § 15.

Nothing in §§ 23-83-101 - 23-83-124 shall prohibit a person who is insured under any group policy from making an assignment or otherwise disposing of all or any part of his or her rights or incidents of ownership under the policy.

Acts 1981, No. 898, § 25; A.S.A. 1947, § 66-3525; Acts 2001, No. 1382, § 15.
Ark. Code Ann. § 23-2-405 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-405
Service of process, notices, complaints, etc
Status: in_force

(a) All process issued by the commission shall extend to all parts of the state, and any such process, together with the service of all notices issued by the commission, as well as copies of complaints, rules, and orders of the commission, may be served by any person authorized to serve process issued out of courts of law, or by mail, as the commission may direct. (b) In instances in which service is had by mail, a duplicate of the instrument served shall be enclosed, upon which duplicate the person served shall endorse the date of his or her receipt of the original and promptly return the duplicate to the commission. (c) Any person who fails, neglects, or refuses to promptly return the receipt and duplicate shall be guilty of a Class A misdemeanor. Amended by Act 2019, No. 315,§ 2376, eff. 7/24/2019. Acts 1935, No. 324, § 29; Pope's Dig., § 2092; A.S.A. 1947, § 73-228; Acts 2005, No. 1994, § 203.

(a) All process issued by the commission shall extend to all parts of the state, and any such process, together with the service of all notices issued by the commission, as well as copies of complaints, rules, and orders of the commission, may be served by any person authorized to serve process issued out of courts of law, or by mail, as the commission may direct.

(b) In instances in which service is had by mail, a duplicate of the instrument served shall be enclosed, upon which duplicate the person served shall endorse the date of his or her receipt of the original and promptly return the duplicate to the commission.

(c) Any person who fails, neglects, or refuses to promptly return the receipt and duplicate shall be guilty of a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 2376, eff. 7/24/2019.

Acts 1935, No. 324, § 29; Pope's Dig., § 2092; A.S.A. 1947, § 73-228; Acts 2005, No. 1994, § 203.
Ark. Code Ann. § 23-99-603 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-603
Definitions
Status: in_force

As used in this subchapter: (1) "Commissioner" means the Insurance Commissioner; (2) "Covered person" means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered by any other health plan; (3) "Dentist" means a person licensed under the Arkansas Dental Practice Act, § 17-82-101 et seq.; (4) "Healthcare service" means that service offered or provided by the healthcare providers within the scope of their practice and relating to the prevention, cure, or treatment of illness or disease; (5) "Health carrier" means any insurance company, health maintenance organization, or hospital and medical service corporation as defined in § 23-75-101 , subject to the following laws: (A) The Arkansas Insurance Code; (B) Provisions pertaining to health maintenance organizations, § 23-76-101 et seq.; and (C) Any successor laws of the foregoing; and (6) "Health plan" means any policy, contract, or agreement offered by a health carrier to provide, reimburse, or pay for healthcare services except the following: (A) Workers' compensation coverage; (B) Self-funded or self-insured health plans, unless the plan is established or maintained for employees of a governmental entity; and (C) A policy, contract, or agreement that limits coverage for dental services in connection with the treatment of a covered accidental injury or the treatment of a nondental physiological condition. Acts 1999, No. 1232, § 3.

As used in this subchapter:

(1) "Commissioner" means the Insurance Commissioner;

(2) "Covered person" means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered by any other health plan;

(3) "Dentist" means a person licensed under the Arkansas Dental Practice Act, § 17-82-101 et seq.;

(4) "Healthcare service" means that service offered or provided by the healthcare providers within the scope of their practice and relating to the prevention, cure, or treatment of illness or disease;

(5) "Health carrier" means any insurance company, health maintenance organization, or hospital and medical service corporation as defined in § 23-75-101 , subject to the following laws: (A) The Arkansas Insurance Code; (B) Provisions pertaining to health maintenance organizations, § 23-76-101 et seq.; and (C) Any successor laws of the foregoing; and

(A) The Arkansas Insurance Code;

(B) Provisions pertaining to health maintenance organizations, § 23-76-101 et seq.; and

(C) Any successor laws of the foregoing; and

(6) "Health plan" means any policy, contract, or agreement offered by a health carrier to provide, reimburse, or pay for healthcare services except the following: (A) Workers' compensation coverage; (B) Self-funded or self-insured health plans, unless the plan is established or maintained for employees of a governmental entity; and (C) A policy, contract, or agreement that limits coverage for dental services in connection with the treatment of a covered accidental injury or the treatment of a nondental physiological condition.

(A) Workers' compensation coverage;

(B) Self-funded or self-insured health plans, unless the plan is established or maintained for employees of a governmental entity; and

(C) A policy, contract, or agreement that limits coverage for dental services in connection with the treatment of a covered accidental injury or the treatment of a nondental physiological condition.

Acts 1999, No. 1232, § 3.
Ark. Code Ann. § 23-103-403 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-403
Requirement for license
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section and § 23-103-404 , only an appointed title insurance agency licensed under § 23-64-101 et seq. shall issue title insurance policies, reports, or otherwise transact title insurance business. (2) An appointed title insurance agency licensed under § 23-64-101 et seq. shall not issue closing protection or issue as an insurer a title insurance policy. (b) All title insurance policies and reports covering an insurable interest in title to real property located in this state shall be signed by a title insurance agent: (1) Properly appointed by a title insurer; (2) Affiliated with a title insurance agency; and (3) Licensed in this state under this subchapter. Acts 2007, No. 684, § 6; 2009, No. 1190, § 2; 2011, No. 515, § 2.

(a) (1) Except as provided in subdivision (a)(2) of this section and § 23-103-404 , only an appointed title insurance agency licensed under § 23-64-101 et seq. shall issue title insurance policies, reports, or otherwise transact title insurance business. (2) An appointed title insurance agency licensed under § 23-64-101 et seq. shall not issue closing protection or issue as an insurer a title insurance policy.

(1) Except as provided in subdivision (a)(2) of this section and § 23-103-404 , only an appointed title insurance agency licensed under § 23-64-101 et seq. shall issue title insurance policies, reports, or otherwise transact title insurance business.

(2) An appointed title insurance agency licensed under § 23-64-101 et seq. shall not issue closing protection or issue as an insurer a title insurance policy.

(b) All title insurance policies and reports covering an insurable interest in title to real property located in this state shall be signed by a title insurance agent: (1) Properly appointed by a title insurer; (2) Affiliated with a title insurance agency; and (3) Licensed in this state under this subchapter.

(1) Properly appointed by a title insurer;

(2) Affiliated with a title insurance agency; and

(3) Licensed in this state under this subchapter.

Acts 2007, No. 684, § 6; 2009, No. 1190, § 2; 2011, No. 515, § 2.
Ark. Code Ann. § 23-99-803 — AR Code / Title 23 / Chapter 99 / Subchapter 8 / Section 23-99-803
Agency enforcement
Status: in_force

The Insurance Commissioner shall: (1) Enforce the state's any willing provider laws using powers granted to the commissioner in the Arkansas Insurance Code; and (2) Be entitled to seek an injunction against a health insurer in a court of competent jurisdiction. Acts 2005, No. 491, § 3.

The Insurance Commissioner shall:

(1) Enforce the state's any willing provider laws using powers granted to the commissioner in the Arkansas Insurance Code; and

(2) Be entitled to seek an injunction against a health insurer in a court of competent jurisdiction.

Acts 2005, No. 491, § 3.
Ark. Code Ann. § 23-73-102 — AR Code / Title 23 / Chapter 73 / Section 23-73-102
Scope
Status: in_force

(a) This chapter applies only to domestic farmers' mutual aid companies and associations. (b) Nothing in the insurance laws of this state shall be deemed to apply to or govern either directly or indirectly farmers' mutual aid companies or associations except as contained in or referred to in this chapter. Acts 1959, No. 148, § 579; A.S.A. 1947, § 66-4601; Acts 1997, No. 774, § 1.

(a) This chapter applies only to domestic farmers' mutual aid companies and associations.

(b) Nothing in the insurance laws of this state shall be deemed to apply to or govern either directly or indirectly farmers' mutual aid companies or associations except as contained in or referred to in this chapter.

Acts 1959, No. 148, § 579; A.S.A. 1947, § 66-4601; Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-46-403 — AR Code / Title 23 / Chapter 46 / Subchapter 4 / Section 23-46-403
Applications
Status: in_force

When any of the following applications are filed with the Bank Commissioner, the sponsors of the applications shall give notice of filing in accordance with State Bank Department rules: (1) An application for the issuance of a new state bank charter; (2) An application for the merger or consolidation of one (1) or more banks into a state bank; (3) An application for the merger or consolidation of one (1) or more savings and loan associations into a state bank; (4) An application for the purchase by one (1) state bank of greater than fifty percent (50%) of the assets of another depository institution or an application for the assumption by one (1) state bank of greater than fifty percent (50%) of the liabilities of another depository institution; or (5) An application for the change of a state bank's place of business from one municipality to another. Amended by Act 2019, No. 315,§ 2528, eff. 7/24/2019. Acts 1997, No. 89, § 1; 1999, No. 113, § 2; 2001, No. 63, § 1.

When any of the following applications are filed with the Bank Commissioner, the sponsors of the applications shall give notice of filing in accordance with State Bank Department rules:

(1) An application for the issuance of a new state bank charter;

(2) An application for the merger or consolidation of one (1) or more banks into a state bank;

(3) An application for the merger or consolidation of one (1) or more savings and loan associations into a state bank;

(4) An application for the purchase by one (1) state bank of greater than fifty percent (50%) of the assets of another depository institution or an application for the assumption by one (1) state bank of greater than fifty percent (50%) of the liabilities of another depository institution; or

(5) An application for the change of a state bank's place of business from one municipality to another.

Amended by Act 2019, No. 315,§ 2528, eff. 7/24/2019.

Acts 1997, No. 89, § 1; 1999, No. 113, § 2; 2001, No. 63, § 1.
Ark. Code Ann. § 23-89-515 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-515
Nondestructive testing
Status: in_force

(a) An owner may not operate an amusement ride for which the manufacturer recommends nondestructive testing, unless the owner complies with the manufacturer's standards for the testing and the ride meets the manufacturer's acceptance criteria. (b) (1) If a manufacturer's nondestructive testing standards are unavailable for an amusement ride and the Division of Labor deems it necessary, the owner shall provide the standards through a professional engineer as defined in § 17-30-101 , an engineering agency, or an individual qualified by training and experience to compile standards based on the ride's specifications and history and using accepted engineering practices. (2) The professional engineer or other qualified individual shall be approved by the Director of the Division of Labor. (3) The amusement ride shall meet the criteria established under this subsection. Amended by Act 2019, No. 910,§ 5516, eff. 7/1/2019. Acts 2001, No. 1365, § 11; Acts 2011, No. 897, § 17.

(a) An owner may not operate an amusement ride for which the manufacturer recommends nondestructive testing, unless the owner complies with the manufacturer's standards for the testing and the ride meets the manufacturer's acceptance criteria.

(b) (1) If a manufacturer's nondestructive testing standards are unavailable for an amusement ride and the Division of Labor deems it necessary, the owner shall provide the standards through a professional engineer as defined in § 17-30-101 , an engineering agency, or an individual qualified by training and experience to compile standards based on the ride's specifications and history and using accepted engineering practices. (2) The professional engineer or other qualified individual shall be approved by the Director of the Division of Labor. (3) The amusement ride shall meet the criteria established under this subsection.

(1) If a manufacturer's nondestructive testing standards are unavailable for an amusement ride and the Division of Labor deems it necessary, the owner shall provide the standards through a professional engineer as defined in § 17-30-101 , an engineering agency, or an individual qualified by training and experience to compile standards based on the ride's specifications and history and using accepted engineering practices.

(2) The professional engineer or other qualified individual shall be approved by the Director of the Division of Labor.

(3) The amusement ride shall meet the criteria established under this subsection.

Amended by Act 2019, No. 910,§ 5516, eff. 7/1/2019.

Acts 2001, No. 1365, § 11; Acts 2011, No. 897, § 17.
Ark. Code Ann. § 23-55-502 — AR Code / Title 23 / Chapter 55 / Section 23-55-502
Unauthorized activities
Status: in_force

A person may not provide money services on behalf of a person not licensed under this chapter. A person that engages in that activity provides money services to the same extent as if the person were a licensee. Acts 2007, No. 1595, § 1.

A person may not provide money services on behalf of a person not licensed under this chapter. A person that engages in that activity provides money services to the same extent as if the person were a licensee.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-79-1904 — AR Code / Title 23 / Chapter 79 / Subchapter 19 / Section 23-79-1904
[Repealed]
Status: repealed

Repealed by Act 2023, No. 876,§ 2, eff. 4/13/2023. Added by Act 2021, No. 430,§ 1, eff. 3/24/2021.

Repealed by Act 2023, No. 876,§ 2, eff. 4/13/2023.

Added by Act 2021, No. 430,§ 1, eff. 3/24/2021.
Ark. Code Ann. § 23-115-411 — AR Code / Title 23 / Chapter 115 / Subchapter 4 / Section 23-115-411
Multidraw screen-based lottery game prohibited
Status: in_force

(a) (1) A multidraw screen-based lottery game shall not be used as part of a lottery under this chapter except as provided under subdivision (a)(2) of this section. (2) All lottery games operated by the Office of the Arkansas Lottery on or before June 29, 2014, are permitted and may continue as a part of the Arkansas Scholarship Lottery. (b) The prohibition of multidraw screen-based lottery games shall expire on March 13, 2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Added by Act 2014EX2, No. 8,§ 2, eff. 7/3/2014. Added by Act 2014EX2, No. 4,§ 2, eff. 7/3/2014.

(a) (1) A multidraw screen-based lottery game shall not be used as part of a lottery under this chapter except as provided under subdivision (a)(2) of this section. (2) All lottery games operated by the Office of the Arkansas Lottery on or before June 29, 2014, are permitted and may continue as a part of the Arkansas Scholarship Lottery.

(1) A multidraw screen-based lottery game shall not be used as part of a lottery under this chapter except as provided under subdivision (a)(2) of this section.

(2) All lottery games operated by the Office of the Arkansas Lottery on or before June 29, 2014, are permitted and may continue as a part of the Arkansas Scholarship Lottery.

(b) The prohibition of multidraw screen-based lottery games shall expire on March 13, 2015.

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

Added by Act 2014EX2, No. 8,§ 2, eff. 7/3/2014.

Added by Act 2014EX2, No. 4,§ 2, eff. 7/3/2014.
Ark. Code Ann. § 23-4-610 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-610
Railroads - Through-freight rates and regulations
Status: in_force

(a) The Arkansas Department of Transportation shall have power, and it is its duty, to investigate all through-freight rates and regulations on railroads in Arkansas. (b) (1) When the through-freight rates and regulations are, in the opinion of the department, excessive or levied in violation of the interstate commerce law or the rules and regulations of the Interstate Commerce Commission [abolished], the officials of the railroads are to be notified of the facts and requested to reduce the rates or make the proper correction, as the case may be. (2) When the rates are not changed or the proper corrections are not made according to the request of the department, the department is to notify the Interstate Commerce Commission [abolished] and to apply to it for relief. Amended by Act 2017, No. 707,§ 116, eff. 8/1/2017. Acts 1907, No. 422, § 2, p. 1137; C. & M. Dig., § 1630; Pope's Dig., § 1952; A.S.A. 1947, § 73-1412.

(a) The Arkansas Department of Transportation shall have power, and it is its duty, to investigate all through-freight rates and regulations on railroads in Arkansas.

(b) (1) When the through-freight rates and regulations are, in the opinion of the department, excessive or levied in violation of the interstate commerce law or the rules and regulations of the Interstate Commerce Commission [abolished], the officials of the railroads are to be notified of the facts and requested to reduce the rates or make the proper correction, as the case may be. (2) When the rates are not changed or the proper corrections are not made according to the request of the department, the department is to notify the Interstate Commerce Commission [abolished] and to apply to it for relief.

(1) When the through-freight rates and regulations are, in the opinion of the department, excessive or levied in violation of the interstate commerce law or the rules and regulations of the Interstate Commerce Commission [abolished], the officials of the railroads are to be notified of the facts and requested to reduce the rates or make the proper correction, as the case may be.

(2) When the rates are not changed or the proper corrections are not made according to the request of the department, the department is to notify the Interstate Commerce Commission [abolished] and to apply to it for relief.

Amended by Act 2017, No. 707,§ 116, eff. 8/1/2017.

Acts 1907, No. 422, § 2, p. 1137; C. & M. Dig., § 1630; Pope's Dig., § 1952; A.S.A. 1947, § 73-1412.
Ark. Code Ann. § 23-115-1003 — AR Code / Title 23 / Chapter 115 / Subchapter 10 / Section 23-115-1003
Collection remedy not exclusive
Status: in_force

The collection remedy authorized by this subchapter is in addition to and not in substitution for any other remedy available by law. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

The collection remedy authorized by this subchapter is in addition to and not in substitution for any other remedy available by law.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-4-418 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-418
Suit to compel refunds - Proceeds
Status: in_force

(a) If the public utility fails to make refunds within thirty (30) days after the effective date of the order requiring such refunds, the Arkansas Public Service Commission shall bring suit in the name of the State of Arkansas for the use and benefit of all those entitled to a refund in any court of competent jurisdiction and shall recover the amount of all refunds due, together with interest thereon at a rate not to exceed the maximum rate otherwise allowed by law, and all court costs. (b) No suit to recover the refunds shall be maintained unless instituted within two (2) years after the final determination. (c) The amount recovered shall be paid to the clerk of the court where the suit was pending, and it shall be the clerk's duty to distribute the amount recovered to the persons entitled thereto as directed by the order of judgment of the court. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

(a) If the public utility fails to make refunds within thirty (30) days after the effective date of the order requiring such refunds, the Arkansas Public Service Commission shall bring suit in the name of the State of Arkansas for the use and benefit of all those entitled to a refund in any court of competent jurisdiction and shall recover the amount of all refunds due, together with interest thereon at a rate not to exceed the maximum rate otherwise allowed by law, and all court costs.

(b) No suit to recover the refunds shall be maintained unless instituted within two (2) years after the final determination.

(c) The amount recovered shall be paid to the clerk of the court where the suit was pending, and it shall be the clerk's duty to distribute the amount recovered to the persons entitled thereto as directed by the order of judgment of the court.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-90-101 — AR Code / Title 23 / Chapter 90 / Section 23-90-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Property and Casualty Insurance Guaranty Act". Acts 1977, No. 871, § 1; A.S.A. 1947, § 66-5501.

This chapter shall be known and may be cited as the "Arkansas Property and Casualty Insurance Guaranty Act".

Acts 1977, No. 871, § 1; A.S.A. 1947, § 66-5501.
Ark. Code Ann. § 23-2-107 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-107
Commissioners and employees - Activities restricted
Status: in_force

(a) No person while serving as a member or employee of the Arkansas Public Service Commission shall practice or represent clients before any other agency of this state which is engaged in the regulation of any business, profession, or trade. (b) Nor shall any person while serving as a member or employee of the commission represent any person, firm, corporation, or enterprise subject to the regulatory jurisdiction of the commission in any proceeding before any court or administrative body. Acts 1975, No. 997, § 7; A.S.A. 1947, § 73-105.2.

(a) No person while serving as a member or employee of the Arkansas Public Service Commission shall practice or represent clients before any other agency of this state which is engaged in the regulation of any business, profession, or trade.

(b) Nor shall any person while serving as a member or employee of the commission represent any person, firm, corporation, or enterprise subject to the regulatory jurisdiction of the commission in any proceeding before any court or administrative body.

Acts 1975, No. 997, § 7; A.S.A. 1947, § 73-105.2.
Ark. Code Ann. § 23-79-122 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-122
Negotiability of premium notes
Status: in_force

(a) (1) No note given for premiums on insurance in this state shall be negotiated until the policy for which the note was given has been issued and delivered to the maker of the note, and all notes so given shall state the purpose for which the note was given. (2) However, this subsection shall not be applicable in cases in which the policy is issued or approved in the form and at the rate applied for and the coverage is effective prior to the issuance or approval. (b) Nothing in this section shall be construed in any way to invalidate these notes between the payee and payor, and notes when they become negotiable shall in all respects be as other negotiable paper. Acts 1959, No. 148, § 288; A.S.A. 1947, § 66-3221.

(a) (1) No note given for premiums on insurance in this state shall be negotiated until the policy for which the note was given has been issued and delivered to the maker of the note, and all notes so given shall state the purpose for which the note was given. (2) However, this subsection shall not be applicable in cases in which the policy is issued or approved in the form and at the rate applied for and the coverage is effective prior to the issuance or approval.

(1) No note given for premiums on insurance in this state shall be negotiated until the policy for which the note was given has been issued and delivered to the maker of the note, and all notes so given shall state the purpose for which the note was given.

(2) However, this subsection shall not be applicable in cases in which the policy is issued or approved in the form and at the rate applied for and the coverage is effective prior to the issuance or approval.

(b) Nothing in this section shall be construed in any way to invalidate these notes between the payee and payor, and notes when they become negotiable shall in all respects be as other negotiable paper.

Acts 1959, No. 148, § 288; A.S.A. 1947, § 66-3221.
Ark. Code Ann. § 23-4-705 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-705
Violations - Double damages for violations - Actions to recover damages - Joinder of actions
Status: in_force

(a) Each and every act, matter, or thing in this act declared to be unlawful is prohibited. (b) In case any person or corporation as defined in this act who, while engaged in the transportation of persons or property, shall do, or permit to be done, any act, matter, or thing in this act required to be done, or shall be guilty of any of the violations of any of the provisions of this act, then that person or corporation shall be held to pay to the person, firm, or corporation injured an amount which is double the amount of damages so sustained, plus all costs. The amount shall be recovered by the person, firm, or corporation so damaged in any court having jurisdiction of the amount, where the person or corporation causing the damage can be found or has an agent or place of business. (c) No action for damages shall be sustained unless brought within one (1) year after the cause of action or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. (d) As many causes of action as may have accrued within the year to any one (1) person, firm, or company may be joined in the same suit or complaint. Acts 1899, No. 53, § 14, p. 82; C. & M. Dig., § 1007; Pope's Dig., § 1216; A.S.A. 1947, § 73-1517.

(a) Each and every act, matter, or thing in this act declared to be unlawful is prohibited.

(b) In case any person or corporation as defined in this act who, while engaged in the transportation of persons or property, shall do, or permit to be done, any act, matter, or thing in this act required to be done, or shall be guilty of any of the violations of any of the provisions of this act, then that person or corporation shall be held to pay to the person, firm, or corporation injured an amount which is double the amount of damages so sustained, plus all costs. The amount shall be recovered by the person, firm, or corporation so damaged in any court having jurisdiction of the amount, where the person or corporation causing the damage can be found or has an agent or place of business.

(c) No action for damages shall be sustained unless brought within one (1) year after the cause of action or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action.

(d) As many causes of action as may have accrued within the year to any one (1) person, firm, or company may be joined in the same suit or complaint.

Acts 1899, No. 53, § 14, p. 82; C. & M. Dig., § 1007; Pope's Dig., § 1216; A.S.A. 1947, § 73-1517.
Ark. Code Ann. § 23-47-302 — AR Code / Title 23 / Chapter 47 / Subchapter 3 / Section 23-47-302
Scope of subchapter
Status: in_force

(a) This subchapter applies to accounts in this state. (b) This subchapter does not apply to: (1) An account established for a partnership, joint venture, or other organization for a business purpose; (2) An account controlled by one (1) or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or (3) A fiduciary or trust account in which the relationship is established other than by the terms of the account. Acts 1997, No. 89, § 1.

(a) This subchapter applies to accounts in this state.

(b) This subchapter does not apply to: (1) An account established for a partnership, joint venture, or other organization for a business purpose; (2) An account controlled by one (1) or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or (3) A fiduciary or trust account in which the relationship is established other than by the terms of the account.

(1) An account established for a partnership, joint venture, or other organization for a business purpose;

(2) An account controlled by one (1) or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or

(3) A fiduciary or trust account in which the relationship is established other than by the terms of the account.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-51-158 — AR Code / Title 23 / Chapter 51 / Section 23-51-158
Authority to liquidate - Publication
Status: in_force

If the Bank Commissioner shall approve the liquidation, the commissioner shall issue to the state trust company under the commissioner's seal, a permit for that purpose. No such permit shall be issued by the commissioner until the commissioner shall be satisfied that provision has been made by the state trust company to satisfy and pay off all creditors. If not so satisfied, the commissioner shall refuse to issue a permit, and shall be authorized to take possession of the state trust company and its assets and business, and hold the same and liquidate the state trust company in the manner provided in this chapter. When the commissioner shall approve the voluntary liquidation of a state trust company, the directors of said state trust company shall cause to be published in a newspaper with a substantially statewide circulation published in the City of Little Rock a notice that the state trust company is closing down its affairs and going into liquidation, and notify its creditors to present their claims for payment. The notice shall be published once a week for four consecutive weeks. Acts 1997, No. 940, § 58.

If the Bank Commissioner shall approve the liquidation, the commissioner shall issue to the state trust company under the commissioner's seal, a permit for that purpose. No such permit shall be issued by the commissioner until the commissioner shall be satisfied that provision has been made by the state trust company to satisfy and pay off all creditors. If not so satisfied, the commissioner shall refuse to issue a permit, and shall be authorized to take possession of the state trust company and its assets and business, and hold the same and liquidate the state trust company in the manner provided in this chapter. When the commissioner shall approve the voluntary liquidation of a state trust company, the directors of said state trust company shall cause to be published in a newspaper with a substantially statewide circulation published in the City of Little Rock a notice that the state trust company is closing down its affairs and going into liquidation, and notify its creditors to present their claims for payment. The notice shall be published once a week for four consecutive weeks.

Acts 1997, No. 940, § 58.
Ark. Code Ann. § 23-62-202 — AR Code / Title 23 / Chapter 62 / Subchapter 2 / Section 23-62-202
Limits of risk
Status: in_force

Any authorized insurer may accept reinsurance only of such risks, in this state, and retain risk thereon within such limits, as it is authorized to insure. Acts 1959, No. 148, § 81; 1985, No. 804, § 8; A.S.A. 1947, § 66-2410.

Any authorized insurer may accept reinsurance only of such risks, in this state, and retain risk thereon within such limits, as it is authorized to insure.

Acts 1959, No. 148, § 81; 1985, No. 804, § 8; A.S.A. 1947, § 66-2410.
Ark. Code Ann. § 23-69-202 — AR Code / Title 23 / Chapter 69 / Subchapter 2 / Section 23-69-202
Application of sections 23-69-204 - 23-69-206 to registered equity securities
Status: in_force

The provisions of §§ 23-69-204 - 23-69-206 shall not apply to equity securities of a domestic stock insurance company if: (1) The securities shall be registered, or shall be required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended; or (2) The domestic stock insurance company shall not have any class of its equity securities held of record by one hundred (100) or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to the provisions of §§ 23-69-204 - 23-69-206 except for the provisions of this subdivision (2). Acts 1965, No. 107, § 7; A.S.A. 1947, § 66-4264.

The provisions of §§ 23-69-204 - 23-69-206 shall not apply to equity securities of a domestic stock insurance company if:

(1) The securities shall be registered, or shall be required to be registered, pursuant to section 12 of the Securities Exchange Act of 1934, as amended; or

(2) The domestic stock insurance company shall not have any class of its equity securities held of record by one hundred (100) or more persons on the last business day of the year next preceding the year in which equity securities of the company would be subject to the provisions of §§ 23-69-204 - 23-69-206 except for the provisions of this subdivision (2).

Acts 1965, No. 107, § 7; A.S.A. 1947, § 66-4264.
Ark. Code Ann. § 23-48-807 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-807
Persons attending terminals - Verification of transactions
Status: in_force

(a) (1) Except for customer-bank communication terminals located on the premises of the main office or a branch of a bank, a customer-bank communication terminal shall be unattended or attended by persons not employed by the bank utilizing the customer-bank communication terminal. (2) However, employees or agents of the bank or its agents may install, maintain, repair, and service the terminal and, for a reasonable period of time after the opening of the terminal, may provide an employee to instruct and assist customers in the operation of the terminal. (b) All transactions initiated through a customer-bank communication terminal shall be subject to verification by the bank, either by direct wire transmission or otherwise. Acts 1997, No. 89, § 1.

(a) (1) Except for customer-bank communication terminals located on the premises of the main office or a branch of a bank, a customer-bank communication terminal shall be unattended or attended by persons not employed by the bank utilizing the customer-bank communication terminal. (2) However, employees or agents of the bank or its agents may install, maintain, repair, and service the terminal and, for a reasonable period of time after the opening of the terminal, may provide an employee to instruct and assist customers in the operation of the terminal.

(1) Except for customer-bank communication terminals located on the premises of the main office or a branch of a bank, a customer-bank communication terminal shall be unattended or attended by persons not employed by the bank utilizing the customer-bank communication terminal.

(2) However, employees or agents of the bank or its agents may install, maintain, repair, and service the terminal and, for a reasonable period of time after the opening of the terminal, may provide an employee to instruct and assist customers in the operation of the terminal.

(b) All transactions initiated through a customer-bank communication terminal shall be subject to verification by the bank, either by direct wire transmission or otherwise.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-18-407 — AR Code / Title 23 / Chapter 18 / Subchapter 4 / Section 23-18-407
Eminent domain - Railroad in connection with use or construction of dam
Status: in_force

(a) Where it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, every company authorized to construct hydroelectric dams in the State of Arkansas shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations. (b) The method or manner of making its survey, laying out its right-of-way, and acquiring its right-of-way, either by contract or condemnation, shall be the same as now provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies. (c) It shall be subject to the same duties and liabilities and shall have the same rights as prescribed by law with reference to railroads. (d) This section shall not be so construed as to authorize the condemnation of public streets or highways. Acts 1929, No. 246, § 1; Pope's Dig., § 5060; A.S.A. 1947, § 73-2017.

(a) Where it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, every company authorized to construct hydroelectric dams in the State of Arkansas shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations.

(b) The method or manner of making its survey, laying out its right-of-way, and acquiring its right-of-way, either by contract or condemnation, shall be the same as now provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies.

(c) It shall be subject to the same duties and liabilities and shall have the same rights as prescribed by law with reference to railroads.

(d) This section shall not be so construed as to authorize the condemnation of public streets or highways.

Acts 1929, No. 246, § 1; Pope's Dig., § 5060; A.S.A. 1947, § 73-2017.
Ark. Code Ann. § 23-4-401 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-401
Notice of intention to file application
Status: in_force

(a) Every public utility shall notify the secretary of the Arkansas Public Service Commission in writing of its intention to file an application for a general change or modification in its rates and charges at least sixty (60) days but no earlier than ninety (90) days before the application is filed. (b) Failure to provide such notice or failure to comply with its terms shall be grounds for denial of the application. Such grounds may be waived by the Arkansas Public Service Commission when the public interest permits. Acts 1981 (Ex. Sess.), No. 30, § 3; A.S.A. 1947, § 73-217.4.

(a) Every public utility shall notify the secretary of the Arkansas Public Service Commission in writing of its intention to file an application for a general change or modification in its rates and charges at least sixty (60) days but no earlier than ninety (90) days before the application is filed.

(b) Failure to provide such notice or failure to comply with its terms shall be grounds for denial of the application. Such grounds may be waived by the Arkansas Public Service Commission when the public interest permits.

Acts 1981 (Ex. Sess.), No. 30, § 3; A.S.A. 1947, § 73-217.4.
Ark. Code Ann. § 23-47-607 — AR Code / Title 23 / Chapter 47 / Subchapter 6 / Section 23-47-607
Investment in stock of certain banks authorized to do foreign banking
Status: in_force

(a) Any state bank may purchase up to one hundred percent (100%) of the capital stock of any corporation organized and existing under the Edge Act, and any amendments thereto. (b) However, in no event may any state bank acquire shares of any such corporation if, upon the making of that acquisition, the aggregate amount of shares of all corporations organized and existing under the Edge Act then held by the bank would exceed ten percent (10%) of the bank's capital base. Acts 1997, No. 89, § 1.

(a) Any state bank may purchase up to one hundred percent (100%) of the capital stock of any corporation organized and existing under the Edge Act, and any amendments thereto.

(b) However, in no event may any state bank acquire shares of any such corporation if, upon the making of that acquisition, the aggregate amount of shares of all corporations organized and existing under the Edge Act then held by the bank would exceed ten percent (10%) of the bank's capital base.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-61-508 — AR Code / Title 23 / Chapter 61 / Subchapter 5 / Section 23-61-508
Rules
Status: in_force

The Insurance Commissioner is authorized to promulgate rules which may be necessary for the implementation and enforcement of this subchapter. Amended by Act 2019, No. 315,§ 2617, eff. 7/24/2019. Acts 1983, No. 728, § 7; A.S.A. 1947, § 66-2025.

The Insurance Commissioner is authorized to promulgate rules which may be necessary for the implementation and enforcement of this subchapter.

Amended by Act 2019, No. 315,§ 2617, eff. 7/24/2019.

Acts 1983, No. 728, § 7; A.S.A. 1947, § 66-2025.
Ark. Code Ann. § 23-13-237 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-237
Common carriers - Rates, fares, and charges to be just and reasonable - Unreasonable preferences or advantages prohibited
Status: in_force

(a) All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in the transportation of passengers or property as provided in § 23-13-236 , or in connection therewith, shall be just and reasonable. Every unjust and unreasonable charge for such a service or any part thereof is prohibited and declared to be unlawful. (b) It shall be unlawful for any common carrier by motor vehicle to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, region, district, territory, or description of traffic, in any respect whatsoever or to subject any particular person, gateway, locality, region, district, territory, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever. (c) This shall not be construed to apply to discrimination, prejudices, or disadvantages to the traffic of any other carrier of whatever description. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.

(a) All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in the transportation of passengers or property as provided in § 23-13-236 , or in connection therewith, shall be just and reasonable. Every unjust and unreasonable charge for such a service or any part thereof is prohibited and declared to be unlawful.

(b) It shall be unlawful for any common carrier by motor vehicle to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, region, district, territory, or description of traffic, in any respect whatsoever or to subject any particular person, gateway, locality, region, district, territory, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

(c) This shall not be construed to apply to discrimination, prejudices, or disadvantages to the traffic of any other carrier of whatever description.

Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Ark. Code Ann. § 23-11-314 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-314
Forfeiture of lease - Ouster
Status: in_force

(a) The franchise and all charter rights whatsoever of any railroad company in and to all railroad, roadbed, bridge, depot, or other railroad property, as well as the possession of, and right to operate, which may have been acquired by the railroad under and by virtue of any lease, shall be forfeited and the railroad company ousted of its right thereunder to operate, possess, or control the railroad, if: (1) The lease has not been made in conformity with the statute governing the making of such leases; or (2) The lessee fails to maintain the property in good repair so as to afford safe and reasonably prompt facilities of travel to the public or fails to furnish reasonable shipping accommodations for freight to its patrons. (b) This section may be enforced at the instance of the state by its Attorney General, by information in the nature of quo warranto or other proper suit in any court having jurisdiction. (c) Whenever any railroad company, by the judgment of any court rendered in any suit instituted by the state, shall be ousted of the possession of or right to operate any railroad, bridge, depot, or other property leased to the company by any other railroad company, then the lessor shall immediately succeed to all the rights in and to the leased property had and enjoyed by it at the time of the execution of the lease, if the lessor has been in no way responsible for the acts upon which the judgment was based except in the making of the lease. Acts 1901, No. 203, §§ 1-3, p. 368; C. & M. Dig., §§ 8550-8552; Pope's Dig., § 11126-11128; A.S.A. 1947, §§ 73-433 -- 73-435.

(a) The franchise and all charter rights whatsoever of any railroad company in and to all railroad, roadbed, bridge, depot, or other railroad property, as well as the possession of, and right to operate, which may have been acquired by the railroad under and by virtue of any lease, shall be forfeited and the railroad company ousted of its right thereunder to operate, possess, or control the railroad, if: (1) The lease has not been made in conformity with the statute governing the making of such leases; or (2) The lessee fails to maintain the property in good repair so as to afford safe and reasonably prompt facilities of travel to the public or fails to furnish reasonable shipping accommodations for freight to its patrons.

(1) The lease has not been made in conformity with the statute governing the making of such leases; or

(2) The lessee fails to maintain the property in good repair so as to afford safe and reasonably prompt facilities of travel to the public or fails to furnish reasonable shipping accommodations for freight to its patrons.

(b) This section may be enforced at the instance of the state by its Attorney General, by information in the nature of quo warranto or other proper suit in any court having jurisdiction.

(c) Whenever any railroad company, by the judgment of any court rendered in any suit instituted by the state, shall be ousted of the possession of or right to operate any railroad, bridge, depot, or other property leased to the company by any other railroad company, then the lessor shall immediately succeed to all the rights in and to the leased property had and enjoyed by it at the time of the execution of the lease, if the lessor has been in no way responsible for the acts upon which the judgment was based except in the making of the lease.

Acts 1901, No. 203, §§ 1-3, p. 368; C. & M. Dig., §§ 8550-8552; Pope's Dig., § 11126-11128; A.S.A. 1947, §§ 73-433 -- 73-435.
Ark. Code Ann. § 23-68-107 — AR Code / Title 23 / Chapter 68 / Section 23-68-107
Grounds for liquidation
Status: in_force

The Insurance Commissioner may apply to the court for an order appointing him or her as receiver, if his or her appointment as receiver shall not be then in effect, and directing him or her to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this state, regardless of whether or not there has been a prior order directing him or her to rehabilitate such insurer, upon any of the grounds specified in § 23-68-106 , or if the insurer: (1) Has ceased transacting business for a period of one (1) year; or (2) Is an insolvent insurer and has commenced voluntary liquidation or dissolution or attempts to commence or prosecute any action or proceeding to liquidate its business or affairs or to dissolve its corporate charter or to procure the appointment of a receiver, trustee, custodian, or sequestrator under any law except the Arkansas Insurance Code. Acts 1959, No. 148, § 643; A.S.A. 1947, § 66-4806.

The Insurance Commissioner may apply to the court for an order appointing him or her as receiver, if his or her appointment as receiver shall not be then in effect, and directing him or her to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this state, regardless of whether or not there has been a prior order directing him or her to rehabilitate such insurer, upon any of the grounds specified in § 23-68-106 , or if the insurer:

(1) Has ceased transacting business for a period of one (1) year; or

(2) Is an insolvent insurer and has commenced voluntary liquidation or dissolution or attempts to commence or prosecute any action or proceeding to liquidate its business or affairs or to dissolve its corporate charter or to procure the appointment of a receiver, trustee, custodian, or sequestrator under any law except the Arkansas Insurance Code.

Acts 1959, No. 148, § 643; A.S.A. 1947, § 66-4806.
Ark. Code Ann. § 23-17-211 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-211
Articles of incorporation - Amendment
Status: in_force

(a) Any cooperative organized under this subchapter, from time to time and as desired, may amend its articles of incorporation in any respect. However, only such provisions shall be inserted by amendment that could be lawfully and properly inserted in original articles of incorporation at the time of making the amendment. (b) Every amendment shall be made and effected in the manner following: (1) The board of directors of the cooperative shall adopt a resolution setting forth the amendment proposed, declaring its advisability, and calling a meeting of the members entitled to vote for the consideration thereof at the meeting, of which notice shall be given in the manner provided in § 23-17-217 ; (2) If it appears that a majority of the members voting have voted at an annual meeting in favor of the amendment, the cooperative shall make under its corporate seal and the hand of its president or vice president and secretary or assistant secretary a verified certificate setting forth the amendment in full; (3) Duplicate originals of the certificate, so verified, shall be filed in the office of the Secretary of State, and one (1) of the duplicate originals bearing the filing by the Secretary of State shall be recorded in the office of the county clerk in the same manner as required in § 23-17-210 in regard to certified copies of original articles of incorporation; and (4) Upon the filing of the certificate with the Secretary of State, the charter of the cooperative shall be deemed to be amended accordingly. Acts 1951, No. 51, § 9; A.S.A. 1947, § 77-1609; Acts 1997, No. 316, § 5.

(a) Any cooperative organized under this subchapter, from time to time and as desired, may amend its articles of incorporation in any respect. However, only such provisions shall be inserted by amendment that could be lawfully and properly inserted in original articles of incorporation at the time of making the amendment.

(b) Every amendment shall be made and effected in the manner following: (1) The board of directors of the cooperative shall adopt a resolution setting forth the amendment proposed, declaring its advisability, and calling a meeting of the members entitled to vote for the consideration thereof at the meeting, of which notice shall be given in the manner provided in § 23-17-217 ; (2) If it appears that a majority of the members voting have voted at an annual meeting in favor of the amendment, the cooperative shall make under its corporate seal and the hand of its president or vice president and secretary or assistant secretary a verified certificate setting forth the amendment in full; (3) Duplicate originals of the certificate, so verified, shall be filed in the office of the Secretary of State, and one (1) of the duplicate originals bearing the filing by the Secretary of State shall be recorded in the office of the county clerk in the same manner as required in § 23-17-210 in regard to certified copies of original articles of incorporation; and (4) Upon the filing of the certificate with the Secretary of State, the charter of the cooperative shall be deemed to be amended accordingly.

(1) The board of directors of the cooperative shall adopt a resolution setting forth the amendment proposed, declaring its advisability, and calling a meeting of the members entitled to vote for the consideration thereof at the meeting, of which notice shall be given in the manner provided in § 23-17-217 ;

(2) If it appears that a majority of the members voting have voted at an annual meeting in favor of the amendment, the cooperative shall make under its corporate seal and the hand of its president or vice president and secretary or assistant secretary a verified certificate setting forth the amendment in full;

(3) Duplicate originals of the certificate, so verified, shall be filed in the office of the Secretary of State, and one (1) of the duplicate originals bearing the filing by the Secretary of State shall be recorded in the office of the county clerk in the same manner as required in § 23-17-210 in regard to certified copies of original articles of incorporation; and

(4) Upon the filing of the certificate with the Secretary of State, the charter of the cooperative shall be deemed to be amended accordingly.

Acts 1951, No. 51, § 9; A.S.A. 1947, § 77-1609; Acts 1997, No. 316, § 5.
Ark. Code Ann. § 23-92-510 — AR Code / Title 23 / Chapter 92 / Subchapter 5 / Section 23-92-510
Applicability
Status: in_force

(a) This subchapter is applicable to a contract or health benefit plan issued, renewed, recredentialed, amended, or extended on and after September 1, 2018. (b) A contract existing on the date of licensure of the pharmacy benefits manager shall comply with the requirements of this subchapter as a condition of licensure for the pharmacy benefits manager. (c) Without limiting its application to any other plan or program, this section applies to an organization or entity directly or indirectly providing services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state. (d) This subchapter applies to a health benefit plan that is issued outside this state if that health benefit plan provides benefits for healthcare services to residents of this state. Amended by Act 2023, No. 302,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 994,§ 12, eff. 7/24/2019. Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018. Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.

(a) This subchapter is applicable to a contract or health benefit plan issued, renewed, recredentialed, amended, or extended on and after September 1, 2018.

(b) A contract existing on the date of licensure of the pharmacy benefits manager shall comply with the requirements of this subchapter as a condition of licensure for the pharmacy benefits manager.

(c) Without limiting its application to any other plan or program, this section applies to an organization or entity directly or indirectly providing services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state.

(d) This subchapter applies to a health benefit plan that is issued outside this state if that health benefit plan provides benefits for healthcare services to residents of this state.

Amended by Act 2023, No. 302,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 994,§ 12, eff. 7/24/2019.

Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018.

Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.
Ark. Code Ann. § 23-12-605 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-605
Union passengers or freight depots
Status: in_force

(a) The Arkansas Department of Transportation shall have power to require the building and maintaining of union passenger or freight depots, by two (2) or more railroads in any city of the first class or city of the second class in this state, when the business and conditions in the city justify or require such facilities. (b) The making of any order for the erection and maintaining of any such union passenger or freight depots, or both, shall be prima facie evidence of the need for the facility and reasonableness of the requirement. Amended by Act 2017, No. 707,§ 176, eff. 8/1/2017. Acts 1909, No. 277, § 5, p. 814; C. & M. Dig., § 1648; Pope's Dig., § 1969; A.S.A. 1947, § 73-808.

(a) The Arkansas Department of Transportation shall have power to require the building and maintaining of union passenger or freight depots, by two (2) or more railroads in any city of the first class or city of the second class in this state, when the business and conditions in the city justify or require such facilities.

(b) The making of any order for the erection and maintaining of any such union passenger or freight depots, or both, shall be prima facie evidence of the need for the facility and reasonableness of the requirement.

Amended by Act 2017, No. 707,§ 176, eff. 8/1/2017.

Acts 1909, No. 277, § 5, p. 814; C. & M. Dig., § 1648; Pope's Dig., § 1969; A.S.A. 1947, § 73-808.
Ark. Code Ann. § 23-98-103 — AR Code / Title 23 / Chapter 98 / Section 23-98-103
Notices and hearings before adopting rules
Status: in_force

The Insurance Commissioner shall provide notice and conduct hearings in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., before adopting any rules of general applicability to minimum basic benefit policies to be issued pursuant to this chapter. Amended by Act 2019, No. 315,§ 2794, eff. 7/24/2019. Acts 1991, No. 238, § 10.

The Insurance Commissioner shall provide notice and conduct hearings in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., before adopting any rules of general applicability to minimum basic benefit policies to be issued pursuant to this chapter.

Amended by Act 2019, No. 315,§ 2794, eff. 7/24/2019.

Acts 1991, No. 238, § 10.
Ark. Code Ann. § 23-115-1002 — AR Code / Title 23 / Chapter 115 / Subchapter 10 / Section 23-115-1002
Definitions
Status: in_force

As used in this subchapter: (1) "Claimant agency" means a state agency, department, board, bureau, commission, or authority: (A) To which a person owes a debt; or (B) That acts on behalf of a person to collect a debt; (2) "Debt" means a: (A) Liquidated sum due and owing any claimant agency when the sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum; or (B) Sum that is due and owing any person and is enforceable by the state; (3) "Debtor" means an individual owing money to or having a delinquent account with a claimant agency when the obligation has not been: (A) Adjudicated as satisfied by court order; (B) Set aside by court order; or (C) Discharged in bankruptcy; and (4) "Prize" means the proceeds of any lottery prize awarded under this chapter. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

As used in this subchapter:

(1) "Claimant agency" means a state agency, department, board, bureau, commission, or authority: (A) To which a person owes a debt; or (B) That acts on behalf of a person to collect a debt;

(A) To which a person owes a debt; or

(B) That acts on behalf of a person to collect a debt;

(2) "Debt" means a: (A) Liquidated sum due and owing any claimant agency when the sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum; or (B) Sum that is due and owing any person and is enforceable by the state;

(A) Liquidated sum due and owing any claimant agency when the sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum; or

(B) Sum that is due and owing any person and is enforceable by the state;

(3) "Debtor" means an individual owing money to or having a delinquent account with a claimant agency when the obligation has not been: (A) Adjudicated as satisfied by court order; (B) Set aside by court order; or (C) Discharged in bankruptcy; and

(A) Adjudicated as satisfied by court order;

(B) Set aside by court order; or

(C) Discharged in bankruptcy; and

(4) "Prize" means the proceeds of any lottery prize awarded under this chapter.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-4-405 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-405
Investigation of proposed rates
Status: in_force

Whenever there is filed with the Arkansas Public Service Commission by any public utility a schedule stating a new rate, the commission, upon reasonable notice, may enter upon any investigation, either upon complaint or upon its own motion, concerning the lawfulness of the rate. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

Whenever there is filed with the Arkansas Public Service Commission by any public utility a schedule stating a new rate, the commission, upon reasonable notice, may enter upon any investigation, either upon complaint or upon its own motion, concerning the lawfulness of the rate.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-80-403 — AR Code / Title 23 / Chapter 80 / Subchapter 4 / Section 23-80-403
Exemptions
Status: in_force

This subchapter shall not apply to: (1) Accidental injury insurance plans; (2) Dental insurance plans; (3) Vision insurance plans; (4) Specified disease insurance plans; (5) Disability income plans; (6) Credit insurance plans; (7) Insurance coverage issued as a supplement to liability insurance; (8) Medical payments under automobile or homeowners insurance plans; (9) Health benefit plans provided pursuant to Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (10) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (11) Plans that provide only indemnity for hospital confinement. Acts 2001, No. 1409, § 3.

This subchapter shall not apply to:

(1) Accidental injury insurance plans;

(2) Dental insurance plans;

(3) Vision insurance plans;

(4) Specified disease insurance plans;

(5) Disability income plans;

(6) Credit insurance plans;

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

(8) Medical payments under automobile or homeowners insurance plans;

(9) Health benefit plans provided pursuant to Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(10) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and

(11) Plans that provide only indemnity for hospital confinement.

Acts 2001, No. 1409, § 3.
Ark. Code Ann. § 23-88-501 — AR Code / Title 23 / Chapter 88 / Subchapter 5 / Section 23-88-501
Definitions
Status: in_force

As used in this subchapter: (1) "Customer" means a person who purchases portable electronics or services; (2) "Enrolled customer" means a customer who elects to have coverage under a portable electronics insurance policy issued by a vendor; (3) "Location" means, as directed to residents of the State of Arkansas: (A) A physical location in this state; (B) A website; or (C) A call center site or similar location; (4) "Portable electronics" means electronic devices that are portable in nature, including the accessories and services related to the use of the electronic device; (5) (A) "Portable electronics insurance" means insurance for the repair or replacement of portable electronics that includes the following causes of loss: (i) Loss; (ii) Theft; and (iii) Inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. (B) "Portable electronics insurance" does not include a service contract governed by the Service Contracts Act, § 4-114-101 et seq.; (6) "Portable electronics transaction" means: (A) The sale or lease to a customer of portable electronics by a vendor; or (B) The sale of a service related to the use of portable electronics to a customer by a vendor; (7) "Supervising entity" means a business entity that is an insurer or insurance producer licensed under the insurance laws of this state; and (8) "Vendor" means a person that engages in the business of portable electronics transactions. Acts 2011, No. 1018, § 1.

As used in this subchapter:

(1) "Customer" means a person who purchases portable electronics or services;

(2) "Enrolled customer" means a customer who elects to have coverage under a portable electronics insurance policy issued by a vendor;

(3) "Location" means, as directed to residents of the State of Arkansas: (A) A physical location in this state; (B) A website; or (C) A call center site or similar location;

(A) A physical location in this state;

(B) A website; or

(C) A call center site or similar location;

(4) "Portable electronics" means electronic devices that are portable in nature, including the accessories and services related to the use of the electronic device;

(5) (A) "Portable electronics insurance" means insurance for the repair or replacement of portable electronics that includes the following causes of loss: (i) Loss; (ii) Theft; and (iii) Inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. (B) "Portable electronics insurance" does not include a service contract governed by the Service Contracts Act, § 4-114-101 et seq.;

(A) "Portable electronics insurance" means insurance for the repair or replacement of portable electronics that includes the following causes of loss: (i) Loss; (ii) Theft; and (iii) Inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss.

(i) Loss;

(ii) Theft; and

(iii) Inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss.

(B) "Portable electronics insurance" does not include a service contract governed by the Service Contracts Act, § 4-114-101 et seq.;

(6) "Portable electronics transaction" means: (A) The sale or lease to a customer of portable electronics by a vendor; or (B) The sale of a service related to the use of portable electronics to a customer by a vendor;

(A) The sale or lease to a customer of portable electronics by a vendor; or

(B) The sale of a service related to the use of portable electronics to a customer by a vendor;

(7) "Supervising entity" means a business entity that is an insurer or insurance producer licensed under the insurance laws of this state; and

(8) "Vendor" means a person that engages in the business of portable electronics transactions.

Acts 2011, No. 1018, § 1.
Ark. Code Ann. § 23-99-1130 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1130
HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis - Definitions
Status: in_force

(a) As used in this section: (1) "AIDS" means acquired immunodeficiency syndrome; and (2) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome. (b) Except as provided in subsection (c) of this section, a health benefit plan or healthcare insurer shall not require prior authorization or step therapy for antiretroviral drugs that are medically necessary for the prevention of HIV or AIDS, including HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis. (c) If the United States Food and Drug Administration approves one (1) or more therapeutic equivalents of a drug, device, or product for the prevention of HIV or AIDS, a health benefit plan or healthcare insurer is not required to cover all therapeutically equivalent versions without prior authorization or step therapy if at least one (1) therapeutically equivalent version is covered without prior authorization or step therapy. Added by Act 2023, No. 314,§ 5, eff. 8/1/2023.

(a) As used in this section: (1) "AIDS" means acquired immunodeficiency syndrome; and (2) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.

(1) "AIDS" means acquired immunodeficiency syndrome; and

(2) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.

(b) Except as provided in subsection (c) of this section, a health benefit plan or healthcare insurer shall not require prior authorization or step therapy for antiretroviral drugs that are medically necessary for the prevention of HIV or AIDS, including HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis.

(c) If the United States Food and Drug Administration approves one (1) or more therapeutic equivalents of a drug, device, or product for the prevention of HIV or AIDS, a health benefit plan or healthcare insurer is not required to cover all therapeutically equivalent versions without prior authorization or step therapy if at least one (1) therapeutically equivalent version is covered without prior authorization or step therapy.

Added by Act 2023, No. 314,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 23-10-445 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-445
Shipments of coal - Duty to weigh loaded cars prior to shipment and issue certificate of weight - Penalty
Status: in_force

(a) At all stations at which scales are required to be maintained for the weighing of coal, it shall be the duty of the railroad company to properly weigh each car of coal after the car has been loaded and to furnish to each shipper by written certificate of the weighman, within one (1) day after the car has been received by the company, correct weights of each car and of the contents of each car delivered to them by the shipper. (b) The certificate of weight to be given to shippers as provided in subsection (a) of this section shall contain, in addition to the correct weight of the car and its contents, the date of delivery and the number of the car. (c) Any railroad in this state failing or refusing to comply with any of the provisions of this section shall be subject to a penalty of one hundred dollars ($100) to be paid to the county for every failure or refusal. Each day upon which it may refuse or fail to comply with this section shall constitute a separate offense. Acts 1903, No. 24, §§ 2, 3, 4, p. 36; 1903, No. 157, §§ 2-4, p. 275; C. & M. Dig., §§ 929, 930; Pope's Dig., §§ 1133, 1134; A.S.A. 1947, §§ 73-1344 -- 73-1346.

(a) At all stations at which scales are required to be maintained for the weighing of coal, it shall be the duty of the railroad company to properly weigh each car of coal after the car has been loaded and to furnish to each shipper by written certificate of the weighman, within one (1) day after the car has been received by the company, correct weights of each car and of the contents of each car delivered to them by the shipper.

(b) The certificate of weight to be given to shippers as provided in subsection (a) of this section shall contain, in addition to the correct weight of the car and its contents, the date of delivery and the number of the car.

(c) Any railroad in this state failing or refusing to comply with any of the provisions of this section shall be subject to a penalty of one hundred dollars ($100) to be paid to the county for every failure or refusal. Each day upon which it may refuse or fail to comply with this section shall constitute a separate offense.

Acts 1903, No. 24, §§ 2, 3, 4, p. 36; 1903, No. 157, §§ 2-4, p. 275; C. & M. Dig., §§ 929, 930; Pope's Dig., §§ 1133, 1134; A.S.A. 1947, §§ 73-1344 -- 73-1346.
Ark. Code Ann. § 23-64-226 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-226
Termination rights of agents
Status: in_force

Following termination of any agency appointment as to property, casualty, or surety insurance, subject to consent of the insurer and to the terms of the insurer's contract with the agent, the agent may continue to service, and receive from the insurer commissions or other compensation relative to, business written by him or her for the insurer during the existence of the appointment. Acts 1959, No. 148, § 161; A.S.A. 1947, § 66-2818; Acts 1997, No. 1004, § 1.

Following termination of any agency appointment as to property, casualty, or surety insurance, subject to consent of the insurer and to the terms of the insurer's contract with the agent, the agent may continue to service, and receive from the insurer commissions or other compensation relative to, business written by him or her for the insurer during the existence of the appointment.

Acts 1959, No. 148, § 161; A.S.A. 1947, § 66-2818; Acts 1997, No. 1004, § 1.
Ark. Code Ann. § 23-13-211 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-211
Appeals - Entitlement
Status: in_force

Any final order made under this subchapter is subject to the same right of appeal by any party to the proceedings as is provided by § 23-2-425 , in respect to appeals from the order of the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 188, eff. 8/1/2017. Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.

Any final order made under this subchapter is subject to the same right of appeal by any party to the proceedings as is provided by § 23-2-425 , in respect to appeals from the order of the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 188, eff. 8/1/2017.

Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
Ark. Code Ann. § 23-86-307 — AR Code / Title 23 / Chapter 86 / Subchapter 3 / Section 23-86-307
Guaranteed renewability in multiemployer plans and multiple employer welfare arrangements
Status: in_force

A group health plan which is a multiemployer plan or which is a multiple employer welfare arrangement may not deny an employer whose employees are covered under such a plan continued access to the same or different coverage under the terms of such a plan, other than: (1) For nonpayment of contributions; (2) For fraud or other intentional misrepresentation of material fact by the employer; (3) For noncompliance with material plan provisions; (4) Because the plan is ceasing to offer any coverage in a geographic area; (5) In the case of a plan that offers benefits through a network plan, there is no longer any individual enrolled through the employer who lives, resides, or works in the service area of the network plan and the plan applies this subdivision (5) uniformly without regard to the claims experience of employers or any health status-related factor in relation to the individuals or their dependents; and (6) For failure to meet the terms of an applicable collective bargaining agreement, to renew a collective bargaining or other agreement requiring or authorizing contributions to the plan, or to employ employees covered by such an agreement. Acts 1997, No. 997, § 1.

A group health plan which is a multiemployer plan or which is a multiple employer welfare arrangement may not deny an employer whose employees are covered under such a plan continued access to the same or different coverage under the terms of such a plan, other than:

(1) For nonpayment of contributions;

(2) For fraud or other intentional misrepresentation of material fact by the employer;

(3) For noncompliance with material plan provisions;

(4) Because the plan is ceasing to offer any coverage in a geographic area;

(5) In the case of a plan that offers benefits through a network plan, there is no longer any individual enrolled through the employer who lives, resides, or works in the service area of the network plan and the plan applies this subdivision (5) uniformly without regard to the claims experience of employers or any health status-related factor in relation to the individuals or their dependents; and

(6) For failure to meet the terms of an applicable collective bargaining agreement, to renew a collective bargaining or other agreement requiring or authorizing contributions to the plan, or to employ employees covered by such an agreement.

Acts 1997, No. 997, § 1.
Ark. Code Ann. § 23-63-801 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-801
Applicability
Status: in_force

Except as to § 23-63-835 , the provisions of this subchapter shall apply to domestic insurers only. Acts 1959, No. 148, § 97; A.S.A. 1947, § 66-2601; Acts 1993, No. 527, § 4.

Except as to § 23-63-835 , the provisions of this subchapter shall apply to domestic insurers only.

Acts 1959, No. 148, § 97; A.S.A. 1947, § 66-2601; Acts 1993, No. 527, § 4.
Ark. Code Ann. § 23-72-108 — AR Code / Title 23 / Chapter 72 / Section 23-72-108
Insuring powers
Status: in_force

(a) Mutual assessment insurers are prohibited from transacting any insurance except the granting of indemnity against or providing benefits upon death, disability, or accident. (b) No mutual assessment insurer shall transact property, casualty, surety, or industrial insurance. (c) For the purposes of this chapter, an "industrial insurer" is an insurer which issues policies granting life, health, and accident indemnities, basing the benefits promised on the payment by the policyholder of a stipulated weekly premium. Acts 1959, No. 148, § 563; A.S.A. 1947, § 66-4508.

(a) Mutual assessment insurers are prohibited from transacting any insurance except the granting of indemnity against or providing benefits upon death, disability, or accident.

(b) No mutual assessment insurer shall transact property, casualty, surety, or industrial insurance.

(c) For the purposes of this chapter, an "industrial insurer" is an insurer which issues policies granting life, health, and accident indemnities, basing the benefits promised on the payment by the policyholder of a stipulated weekly premium.

Acts 1959, No. 148, § 563; A.S.A. 1947, § 66-4508.
Ark. Code Ann. § 23-65-315 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-315
Tax on surplus lines brokers
Status: in_force

(a) No later than sixty (60) days following the end of the calendar quarter in which surplus lines insurance was procured, the surplus lines broker shall remit to the Treasurer of State through the Insurance Commissioner a tax of four percent (4%) on the direct premiums written, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus lines insurance subject to tax transacted by the surplus lines broker during the preceding calendar quarter for the privilege of transacting business as a surplus lines broker in this state. (b) The commissioner may participate in a multistate agreement or enter into a compact for the purpose of reporting, collecting, and apportioning surplus lines insurance premium taxes. (c) If a surplus lines insurance policy covers risks or exposures only partially in this state and the commissioner has entered into an agreement with other states for the apportionment of premium taxes for multistate risks, the tax payable by the surplus lines broker shall be computed and paid on the proportion of the premium that is properly allocable to the risks or exposures located in this state according to the terms of the agreement. Amended by Act 2019, No. 521,§ 19, eff. 7/24/2019. Acts 1959, No. 148, § 201; A.S.A. 1947, § 66-2921; Acts 1987, No. 456, § 12; 2001, No. 1555, § 8; 2011, No. 1055, § 2.

(a) No later than sixty (60) days following the end of the calendar quarter in which surplus lines insurance was procured, the surplus lines broker shall remit to the Treasurer of State through the Insurance Commissioner a tax of four percent (4%) on the direct premiums written, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus lines insurance subject to tax transacted by the surplus lines broker during the preceding calendar quarter for the privilege of transacting business as a surplus lines broker in this state.

(b) The commissioner may participate in a multistate agreement or enter into a compact for the purpose of reporting, collecting, and apportioning surplus lines insurance premium taxes.

(c) If a surplus lines insurance policy covers risks or exposures only partially in this state and the commissioner has entered into an agreement with other states for the apportionment of premium taxes for multistate risks, the tax payable by the surplus lines broker shall be computed and paid on the proportion of the premium that is properly allocable to the risks or exposures located in this state according to the terms of the agreement.

Amended by Act 2019, No. 521,§ 19, eff. 7/24/2019.

Acts 1959, No. 148, § 201; A.S.A. 1947, § 66-2921; Acts 1987, No. 456, § 12; 2001, No. 1555, § 8; 2011, No. 1055, § 2.
Ark. Code Ann. § 23-51-103 — AR Code / Title 23 / Chapter 51 / Section 23-51-103
Rules
Status: in_force

The Bank Commissioner may promulgate such rules as he or she determines to be necessary or appropriate in order to implement the provisions of this chapter. Amended by Act 2019, No. 315,§ 2564, eff. 7/24/2019. Acts 1997, No. 940, § 3.

The Bank Commissioner may promulgate such rules as he or she determines to be necessary or appropriate in order to implement the provisions of this chapter.

Amended by Act 2019, No. 315,§ 2564, eff. 7/24/2019.

Acts 1997, No. 940, § 3.
Ark. Code Ann. § 23-63-520 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-520
Voting of securities
Status: in_force

(a) When Prohibited. (1) No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this subchapter or of any rule or order issued by the Insurance Commissioner pursuant to this subchapter may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though the securities were not issued and outstanding. (2) However, no action taken at any meeting shall be invalidated by the voting of the securities unless the action would materially affect control of the insurer or unless the courts of this state have so ordered. (3) If an insurer or the commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this subchapter or of any rule or order issued by the commissioner pursuant to it, the insurer or the commissioner may apply to the Pulaski County Circuit Court to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of §§ 23-63-506 - 23-63-513 or any rule or order issued by the commissioner pursuant to it to enjoin the voting of any security so acquired, to void any vote of a security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders, or the public may require. (b) Sequestration of Voting Securities. In any case in which a person has acquired or is proposing to acquire any voting securities in violation of this subchapter or any rule, regulation, or order issued by the commissioner pursuant to it, the Pulaski County Circuit Court may, on such notice as the court deems appropriate and upon the application of the insurer or the commissioner, seize or sequester any voting securities of the insurer owned directly or indirectly by the person and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this subchapter. Notwithstanding any other provisions of law, for the purposes of this subchapter, the situs of the ownership of the securities of domestic insurers shall be deemed to be in this state. Amended by Act 2019, No. 315,§ 2632, eff. 7/24/2019. Acts 1971, No. 288, § 12; A.S.A. 1947, § 66-5012.

(a) When Prohibited. (1) No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this subchapter or of any rule or order issued by the Insurance Commissioner pursuant to this subchapter may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though the securities were not issued and outstanding. (2) However, no action taken at any meeting shall be invalidated by the voting of the securities unless the action would materially affect control of the insurer or unless the courts of this state have so ordered. (3) If an insurer or the commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this subchapter or of any rule or order issued by the commissioner pursuant to it, the insurer or the commissioner may apply to the Pulaski County Circuit Court to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of §§ 23-63-506 - 23-63-513 or any rule or order issued by the commissioner pursuant to it to enjoin the voting of any security so acquired, to void any vote of a security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders, or the public may require.

(1) No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this subchapter or of any rule or order issued by the Insurance Commissioner pursuant to this subchapter may be voted at any shareholders' meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though the securities were not issued and outstanding.

(2) However, no action taken at any meeting shall be invalidated by the voting of the securities unless the action would materially affect control of the insurer or unless the courts of this state have so ordered.

(3) If an insurer or the commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this subchapter or of any rule or order issued by the commissioner pursuant to it, the insurer or the commissioner may apply to the Pulaski County Circuit Court to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of §§ 23-63-506 - 23-63-513 or any rule or order issued by the commissioner pursuant to it to enjoin the voting of any security so acquired, to void any vote of a security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer's policyholders, creditors, and shareholders, or the public may require.

(b) Sequestration of Voting Securities. In any case in which a person has acquired or is proposing to acquire any voting securities in violation of this subchapter or any rule, regulation, or order issued by the commissioner pursuant to it, the Pulaski County Circuit Court may, on such notice as the court deems appropriate and upon the application of the insurer or the commissioner, seize or sequester any voting securities of the insurer owned directly or indirectly by the person and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this subchapter. Notwithstanding any other provisions of law, for the purposes of this subchapter, the situs of the ownership of the securities of domestic insurers shall be deemed to be in this state.

Amended by Act 2019, No. 315,§ 2632, eff. 7/24/2019.

Acts 1971, No. 288, § 12; A.S.A. 1947, § 66-5012.
Ark. Code Ann. § 23-101-114 — AR Code / Title 23 / Chapter 101 / Section 23-101-114
Rules
Status: in_force

After notice and hearing, the Insurance Commissioner may promulgate reasonable rules to carry out and effectuate the provisions of this chapter. Amended by Act 2019, No. 315,§ 2811, eff. 7/24/2019. Acts 1997, No. 930, § 14.

After notice and hearing, the Insurance Commissioner may promulgate reasonable rules to carry out and effectuate the provisions of this chapter.

Amended by Act 2019, No. 315,§ 2811, eff. 7/24/2019.

Acts 1997, No. 930, § 14.
Ark. Code Ann. § 23-17-235 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-235
Liabilities of connecting companies or cooperatives
Status: in_force

No cooperative shall be liable for damage resulting from loss, interruption, or diminished quality of service due to earthquake, flood, storm, infestation, pestilence, civil insurrection, act of war, act of terrorism, software or hardware failure, malfunction, or error, or any cause beyond the control of the cooperative. Acts 1951, No. 51, § 38; A.S.A. 1947, § 77-1638; Acts 1989, No. 437, § 21; 1999, No. 946, § 12.

No cooperative shall be liable for damage resulting from loss, interruption, or diminished quality of service due to earthquake, flood, storm, infestation, pestilence, civil insurrection, act of war, act of terrorism, software or hardware failure, malfunction, or error, or any cause beyond the control of the cooperative.

Acts 1951, No. 51, § 38; A.S.A. 1947, § 77-1638; Acts 1989, No. 437, § 21; 1999, No. 946, § 12.
Ark. Code Ann. § 23-69-116 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-116
Failure to complete organization - Mutual insurers
Status: in_force

If the proposed domestic mutual insurer fails to complete its organization and to secure its original certificate of authority within one (1) year from and after the date of its certificate of incorporation, the corporation shall be dissolved by the Insurance Commissioner. The commissioner shall then return or cause to be returned to the persons entitled thereto all advance deposits or payments of premiums held in trust under § 23-69-115 . Acts 1959, No. 148, § 466; A.S.A. 1947, § 66-4214.

If the proposed domestic mutual insurer fails to complete its organization and to secure its original certificate of authority within one (1) year from and after the date of its certificate of incorporation, the corporation shall be dissolved by the Insurance Commissioner. The commissioner shall then return or cause to be returned to the persons entitled thereto all advance deposits or payments of premiums held in trust under § 23-69-115 .

Acts 1959, No. 148, § 466; A.S.A. 1947, § 66-4214.
Ark. Code Ann. § 23-39-501 — AR Code / Title 23 / Chapter 39 / Subchapter 5 / Section 23-39-501
Title
Status: in_force

This subchapter may be referred to as the "Fair Mortgage Lending Act". Acts 2003, No. 554, § 1.

This subchapter may be referred to as the "Fair Mortgage Lending Act".

Acts 2003, No. 554, § 1.
Ark. Code Ann. § 23-91-207 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-207
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 24; A.S.A. 1947, § 66-5424.

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

Acts 1977, No. 368, § 24; A.S.A. 1947, § 66-5424.
Ark. Code Ann. § 23-51-177 — AR Code / Title 23 / Chapter 51 / Section 23-51-177
Acquiring an interstate trust office
Status: in_force

(a) An out-of-state trust institution that does not operate a trust office in this state and that meets the requirements of this chapter may acquire and maintain a trust office in this state. (b) No out-of-state trust institution may maintain a trust office in this state unless a similar institution chartered under the laws of this state to act as a fiduciary is permitted to acquire and maintain a trust office through an acquisition of a trust office in the state where the out-of-state trust institution has its principal office and may engage in activities substantially similar to those permitted to trust offices of out-of-state trust institutions under § 23-51-175 , in the state where the out-of-state trust institution has its principal office. Acts 1997, No. 940, § 77.

(a) An out-of-state trust institution that does not operate a trust office in this state and that meets the requirements of this chapter may acquire and maintain a trust office in this state.

(b) No out-of-state trust institution may maintain a trust office in this state unless a similar institution chartered under the laws of this state to act as a fiduciary is permitted to acquire and maintain a trust office through an acquisition of a trust office in the state where the out-of-state trust institution has its principal office and may engage in activities substantially similar to those permitted to trust offices of out-of-state trust institutions under § 23-51-175 , in the state where the out-of-state trust institution has its principal office.

Acts 1997, No. 940, § 77.
Ark. Code Ann. § 23-35-805 — AR Code / Title 23 / Chapter 35 / Subchapter 8 / Section 23-35-805
[Repealed]
Status: repealed

Repealed by Act 2019, No. 252,§ 1, eff. 7/24/2019. Acts 1971, No. 132, § 34; A.S.A. 1947, § 67-934.

Repealed by Act 2019, No. 252,§ 1, eff. 7/24/2019.

Acts 1971, No. 132, § 34; A.S.A. 1947, § 67-934.
Ark. Code Ann. § 23-110-102 — AR Code / Title 23 / Chapter 110 / Subchapter 1 / Section 23-110-102
Inconsistent statutes inapplicable
Status: in_force

Section 5-66-116 and all other acts and parts of acts inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person, partnership, group, association, trust, or corporation engaged or participating in racing, or making or contributing to the pari-mutuel or certificate method of wagering, in manner and form as provided for by this chapter, at any race meeting held or conducted by any franchise holder having a license for the holding or conducting of race meetings as provided by this chapter. Acts 1957, No. 46, § 29; A.S.A. 1947, § 84-2755.

Section 5-66-116 and all other acts and parts of acts inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person, partnership, group, association, trust, or corporation engaged or participating in racing, or making or contributing to the pari-mutuel or certificate method of wagering, in manner and form as provided for by this chapter, at any race meeting held or conducted by any franchise holder having a license for the holding or conducting of race meetings as provided by this chapter.

Acts 1957, No. 46, § 29; A.S.A. 1947, § 84-2755.
Ark. Code Ann. § 23-2-428 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-428
Costs of actions
Status: in_force

(a) The commission shall not be required in any suits brought by it under the terms of this act to advance or make deposits to cover costs of such suits, nor shall it be required to give bond for such costs, or indemnity, stay, injunction, or other mesne process. (b) In all cases of contest before the commission, the unsuccessful party shall be taxed with the costs unless otherwise ordered by the board of commissioners. Acts 1899, No. 119, § 5, p. 194; C. & M. Dig., § 1697; Acts 1935, No. 324, § 38; Pope's Dig., §§ 1999, 2101; A.S.A. 1947, §§ 73-132, 73-237.

(a) The commission shall not be required in any suits brought by it under the terms of this act to advance or make deposits to cover costs of such suits, nor shall it be required to give bond for such costs, or indemnity, stay, injunction, or other mesne process.

(b) In all cases of contest before the commission, the unsuccessful party shall be taxed with the costs unless otherwise ordered by the board of commissioners.

Acts 1899, No. 119, § 5, p. 194; C. & M. Dig., § 1697; Acts 1935, No. 324, § 38; Pope's Dig., §§ 1999, 2101; A.S.A. 1947, §§ 73-132, 73-237.
Ark. Code Ann. § 23-67-412 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-412
Fair Credit Reporting Act
Status: in_force

The provisions of this subchapter shall be subject to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Acts 2003, No. 1452, § 2.

The provisions of this subchapter shall be subject to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-115-102 — AR Code / Title 23 / Chapter 115 / Subchapter 1 / Section 23-115-102
Legislative intent
Status: in_force

It is found and declared by the General Assembly that: (1) Net proceeds of lotteries conducted under this chapter shall be used to: (A) Fund and provide for scholarships and grants to citizens of the State of Arkansas enrolled in public and private nonprofit two-year and four-year colleges and universities located within the state; and (B) Supplement, not supplant, nonlottery educational resources; (2) Lotteries shall be operated and managed in a manner that: (A) Provides continuing entertainment to the public; (B) Maximizes revenues for scholarships; and (C) Ensures that the lotteries are operated with integrity, dignity, and adequate internal controls and free of political influence; and (3) The Office of the Arkansas Lottery shall be accountable to the General Assembly and to the public through a system of audits and reports. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

It is found and declared by the General Assembly that:

(1) Net proceeds of lotteries conducted under this chapter shall be used to: (A) Fund and provide for scholarships and grants to citizens of the State of Arkansas enrolled in public and private nonprofit two-year and four-year colleges and universities located within the state; and (B) Supplement, not supplant, nonlottery educational resources;

(A) Fund and provide for scholarships and grants to citizens of the State of Arkansas enrolled in public and private nonprofit two-year and four-year colleges and universities located within the state; and

(B) Supplement, not supplant, nonlottery educational resources;

(2) Lotteries shall be operated and managed in a manner that: (A) Provides continuing entertainment to the public; (B) Maximizes revenues for scholarships; and (C) Ensures that the lotteries are operated with integrity, dignity, and adequate internal controls and free of political influence; and

(A) Provides continuing entertainment to the public;

(B) Maximizes revenues for scholarships; and

(C) Ensures that the lotteries are operated with integrity, dignity, and adequate internal controls and free of political influence; and

(3) The Office of the Arkansas Lottery shall be accountable to the General Assembly and to the public through a system of audits and reports.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-48-704 — AR Code / Title 23 / Chapter 48 / Subchapter 7 / Section 23-48-704
Preexisting facilities
Status: in_force

Any bank may, at its option, operate any branch office, teller's window, or other banking facility which is separate from the main office of the bank and in operation on June 30, 1988, as a full-service branch or a customer-bank communications terminal. Acts 1997, No. 89, § 1.

Any bank may, at its option, operate any branch office, teller's window, or other banking facility which is separate from the main office of the bank and in operation on June 30, 1988, as a full-service branch or a customer-bank communications terminal.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-67-223 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-223
[Repealed]
Status: repealed

Repealed by Act 2017, No. 283,§ 15, eff. 8/1/2017. Acts 2005, No. 1697, § 18.

Repealed by Act 2017, No. 283,§ 15, eff. 8/1/2017.

Acts 2005, No. 1697, § 18.
Ark. Code Ann. § 23-50-108 — AR Code / Title 23 / Chapter 50 / Section 23-50-108
False reports by commissioner or examiner - Acceptance of bribe
Status: in_force

Any commissioner or examiner who shall knowingly make a false or fraudulent report of the condition of any financial institution with the purpose to aid or abet its officers, owners, or agents in continuing to operate an insolvent institution or to injure the financial institution, or any examiner who shall receive or accept any bribe or gratuity given for the purpose of inducing him or her not to file a true and correct report of the condition thereof or who shall neglect to make an examination thereof because of having received a bribe or gratuity, is guilty of a Class D felony. Acts 1997, No. 89, § 1; 2005, No. 1994, § 449.

Any commissioner or examiner who shall knowingly make a false or fraudulent report of the condition of any financial institution with the purpose to aid or abet its officers, owners, or agents in continuing to operate an insolvent institution or to injure the financial institution, or any examiner who shall receive or accept any bribe or gratuity given for the purpose of inducing him or her not to file a true and correct report of the condition thereof or who shall neglect to make an examination thereof because of having received a bribe or gratuity, is guilty of a Class D felony.

Acts 1997, No. 89, § 1; 2005, No. 1994, § 449.
Ark. Code Ann. § 23-38-206 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 14; Pope's Dig., § 990; A.S.A. 1947, § 67-817.

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

Acts 1929, No. 128, § 14; Pope's Dig., § 990; A.S.A. 1947, § 67-817.
Ark. Code Ann. § 23-64-519 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-519
Centralized producer licensing registry
Status: in_force

(a) The Insurance Commissioner may participate, in whole or in part, with the National Association of Insurance Commissioners, or any of its affiliates or subsidiaries, in a centralized producer license registry where insurance producer licenses and appointments may be centrally or simultaneously effected for all states that require an insurance producer license and participate in such a centralized producer license registry. (b) If the commissioner finds that participation in such a centralized producer license registry is in the public interest, the commissioner may adopt by rule any uniform standards and procedures as are necessary to participate in the registry. This includes the central collection of all fees for licenses or appointments that are processed through the registry. Acts 2001, No. 580, § 1.

(a) The Insurance Commissioner may participate, in whole or in part, with the National Association of Insurance Commissioners, or any of its affiliates or subsidiaries, in a centralized producer license registry where insurance producer licenses and appointments may be centrally or simultaneously effected for all states that require an insurance producer license and participate in such a centralized producer license registry.

(b) If the commissioner finds that participation in such a centralized producer license registry is in the public interest, the commissioner may adopt by rule any uniform standards and procedures as are necessary to participate in the registry. This includes the central collection of all fees for licenses or appointments that are processed through the registry.

Acts 2001, No. 580, § 1.