Ark. Code Ann. § 23-112-1022 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1022
Civil action and mediation
Status: in_force

(a) (1) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this subchapter may bring a civil action in circuit court to recover actual damages. (2) The court shall award attorney's fees and costs to the prevailing party in such an action. (b) (1) Venue for a civil action under this section is in the county in which the dealer's business is located. (2) In an action involving more than one (1) dealer, venue may be in any county in which any dealer that is party to the action is located. (c) (1) Before bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party. (2) The demand for mediation shall: (A) Be served upon the other party via certified mail at the address stated within the dealer agreement between the parties; and (B) Contain a brief statement of the dispute and the relief sought by the party filing the demand. (3) (A) Within twenty (20) days after the date on which a demand for mediation is served, the parties shall: (i) Mutually select an independent certified mediator; and (ii) Meet with the mediator to attempt to resolve the dispute. (B) The meeting place shall be in this state in a location selected by the mediator. (C) The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties. (4) (A) The service of a demand for mediation under this section tolls the time for the filing of a complaint, petition, protest, or other action under this subchapter until representatives of both parties have met with a mutually selected mediator to attempt to resolve the dispute. (B) If a complaint, petition, protest, or other action is filed before that meeting, the court: (i) Shall enter an order suspending the proceeding or action until the mediation meeting has occurred; and (ii) Upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, may enter an order suspending the proceeding or action for as long as the court considers appropriate. (5) The parties to the mediation shall: (A) Bear their own costs for attorney's fees; and (B) Divide equally the cost of the mediator. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) (1) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this subchapter may bring a civil action in circuit court to recover actual damages. (2) The court shall award attorney's fees and costs to the prevailing party in such an action.

(1) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this subchapter may bring a civil action in circuit court to recover actual damages.

(2) The court shall award attorney's fees and costs to the prevailing party in such an action.

(b) (1) Venue for a civil action under this section is in the county in which the dealer's business is located. (2) In an action involving more than one (1) dealer, venue may be in any county in which any dealer that is party to the action is located.

(1) Venue for a civil action under this section is in the county in which the dealer's business is located.

(2) In an action involving more than one (1) dealer, venue may be in any county in which any dealer that is party to the action is located.

(c) (1) Before bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party. (2) The demand for mediation shall: (A) Be served upon the other party via certified mail at the address stated within the dealer agreement between the parties; and (B) Contain a brief statement of the dispute and the relief sought by the party filing the demand. (3) (A) Within twenty (20) days after the date on which a demand for mediation is served, the parties shall: (i) Mutually select an independent certified mediator; and (ii) Meet with the mediator to attempt to resolve the dispute. (B) The meeting place shall be in this state in a location selected by the mediator. (C) The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties. (4) (A) The service of a demand for mediation under this section tolls the time for the filing of a complaint, petition, protest, or other action under this subchapter until representatives of both parties have met with a mutually selected mediator to attempt to resolve the dispute. (B) If a complaint, petition, protest, or other action is filed before that meeting, the court: (i) Shall enter an order suspending the proceeding or action until the mediation meeting has occurred; and (ii) Upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, may enter an order suspending the proceeding or action for as long as the court considers appropriate. (5) The parties to the mediation shall: (A) Bear their own costs for attorney's fees; and (B) Divide equally the cost of the mediator.

(1) Before bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party.

(2) The demand for mediation shall: (A) Be served upon the other party via certified mail at the address stated within the dealer agreement between the parties; and (B) Contain a brief statement of the dispute and the relief sought by the party filing the demand.

(A) Be served upon the other party via certified mail at the address stated within the dealer agreement between the parties; and

(B) Contain a brief statement of the dispute and the relief sought by the party filing the demand.

(3) (A) Within twenty (20) days after the date on which a demand for mediation is served, the parties shall: (i) Mutually select an independent certified mediator; and (ii) Meet with the mediator to attempt to resolve the dispute. (B) The meeting place shall be in this state in a location selected by the mediator. (C) The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.

(A) Within twenty (20) days after the date on which a demand for mediation is served, the parties shall: (i) Mutually select an independent certified mediator; and (ii) Meet with the mediator to attempt to resolve the dispute.

(i) Mutually select an independent certified mediator; and

(ii) Meet with the mediator to attempt to resolve the dispute.

(B) The meeting place shall be in this state in a location selected by the mediator.

(C) The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.

(4) (A) The service of a demand for mediation under this section tolls the time for the filing of a complaint, petition, protest, or other action under this subchapter until representatives of both parties have met with a mutually selected mediator to attempt to resolve the dispute. (B) If a complaint, petition, protest, or other action is filed before that meeting, the court: (i) Shall enter an order suspending the proceeding or action until the mediation meeting has occurred; and (ii) Upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, may enter an order suspending the proceeding or action for as long as the court considers appropriate.

(A) The service of a demand for mediation under this section tolls the time for the filing of a complaint, petition, protest, or other action under this subchapter until representatives of both parties have met with a mutually selected mediator to attempt to resolve the dispute.

(B) If a complaint, petition, protest, or other action is filed before that meeting, the court: (i) Shall enter an order suspending the proceeding or action until the mediation meeting has occurred; and (ii) Upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, may enter an order suspending the proceeding or action for as long as the court considers appropriate.

(i) Shall enter an order suspending the proceeding or action until the mediation meeting has occurred; and

(ii) Upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, may enter an order suspending the proceeding or action for as long as the court considers appropriate.

(5) The parties to the mediation shall: (A) Bear their own costs for attorney's fees; and (B) Divide equally the cost of the mediator.

(A) Bear their own costs for attorney's fees; and

(B) Divide equally the cost of the mediator.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-51-123 — AR Code / Title 23 / Chapter 51 / Section 23-51-123
Securities
Status: in_force

(a) A state trust company may invest its corporate funds in any type or character of equity or investment securities subject to the limitations provided by this section. (b) Unless the Bank Commissioner approves maintenance of a lesser amount in writing, a state trust company must invest and maintain an amount equal to not less than forty percent (40%) of the state trust company's capital under § 23-51-110 in unencumbered cash, cash equivalents, and readily marketable securities. (c) Subject to subsection (d) of this section, the total investment in equity and investment securities of any one issuer, obligor, or maker, held by the state trust company for its own account, may not exceed an amount equal to twenty percent (20%) of the state trust company's capital base. The commissioner may authorize investments in excess of this limitation on written application if the commissioner concludes that: (1) The excess investment is not prohibited by other applicable law; and (2) The safety and soundness of the requesting state trust company is not adversely affected. (d) Notwithstanding subsection (c) of this section, a state trust company may purchase for its own account, without limitation and subject only to the exercise of prudent judgment: (1) Direct obligations of the United States Government; (2) Obligations of agencies and instrumentalities created by act of the United States Congress and authorized thereby to issue securities or evidences of indebtedness, regardless of guarantee of repayment by the United States Government; (3) Obligations the principal and interest of which are fully guaranteed by the United States Government or an agency or an instrumentality created by an act of the United States Congress and authorized thereby to issue such a guarantee; (4) Obligations the principal and interest of which are fully secured, insured, or covered by commitments or agreements to purchase by the United States Government or an agency or instrumentality created by an act of the United States Congress and authorized thereby to issue such commitments or agreements; (5) General obligations of the states of the United States and of the political subdivisions, municipalities, commonwealths, territories or insular possessions thereof; (6) Obligations issued by the State Board of Education under authority of the Arkansas Constitution or applicable statutes; (7) Warrants of political subdivisions of the State of Arkansas and municipalities thereof having maturities not exceeding one (1) year; (8) Prerefunded municipal bonds, the principal and interest of which are fully secured by the principal and interest of a direct obligation of the United States Government; (9) The sale of federal funds with a maturity of not more than one (1) business day; (10) Demand, savings, or time deposits or accounts of any depository institution chartered by the United States, any state of the United States, or the District of Columbia, provided funds invested in such demand, savings, or time deposits or accounts are fully insured by a federal deposit insurance agency; (11) Repurchase agreements that are fully collateralized by direct obligations of the United States Government, and general obligations of any state of the United States or any political subdivision thereof, provided that any such repurchase agreement shall provide for the taking of delivery of the collateral, either directly or through an authorized custodian; (12) Securities of, or other interest in, any open-end type investment company or investment trust registered under the Investment Company Act of 1940, and which is defined as a "money market fund" under 17 C.F.R. § 270.2a-7 , provided that the portfolio of such investment company or investment trust is limited principally to United States Government obligations and to repurchase agreements fully collateralized by United States Government obligations, and provided further that any such investment company or investment trust shall take delivery of the collateral either directly or through an authorized custodian. (e) The commissioner may adopt rules to establish limits, requirements, or exemptions other than those specified by this section for particular classes or categories of investment, or limit or expand investment authority for state trust companies for particular classes or categories of securities or other property. Amended by Act 2019, No. 315,§ 2581, eff. 7/24/2019. Acts 1997, No. 940, § 23.

(a) A state trust company may invest its corporate funds in any type or character of equity or investment securities subject to the limitations provided by this section.

(b) Unless the Bank Commissioner approves maintenance of a lesser amount in writing, a state trust company must invest and maintain an amount equal to not less than forty percent (40%) of the state trust company's capital under § 23-51-110 in unencumbered cash, cash equivalents, and readily marketable securities.

(c) Subject to subsection (d) of this section, the total investment in equity and investment securities of any one issuer, obligor, or maker, held by the state trust company for its own account, may not exceed an amount equal to twenty percent (20%) of the state trust company's capital base. The commissioner may authorize investments in excess of this limitation on written application if the commissioner concludes that: (1) The excess investment is not prohibited by other applicable law; and (2) The safety and soundness of the requesting state trust company is not adversely affected.

(1) The excess investment is not prohibited by other applicable law; and

(2) The safety and soundness of the requesting state trust company is not adversely affected.

(d) Notwithstanding subsection (c) of this section, a state trust company may purchase for its own account, without limitation and subject only to the exercise of prudent judgment: (1) Direct obligations of the United States Government; (2) Obligations of agencies and instrumentalities created by act of the United States Congress and authorized thereby to issue securities or evidences of indebtedness, regardless of guarantee of repayment by the United States Government; (3) Obligations the principal and interest of which are fully guaranteed by the United States Government or an agency or an instrumentality created by an act of the United States Congress and authorized thereby to issue such a guarantee; (4) Obligations the principal and interest of which are fully secured, insured, or covered by commitments or agreements to purchase by the United States Government or an agency or instrumentality created by an act of the United States Congress and authorized thereby to issue such commitments or agreements; (5) General obligations of the states of the United States and of the political subdivisions, municipalities, commonwealths, territories or insular possessions thereof; (6) Obligations issued by the State Board of Education under authority of the Arkansas Constitution or applicable statutes; (7) Warrants of political subdivisions of the State of Arkansas and municipalities thereof having maturities not exceeding one (1) year; (8) Prerefunded municipal bonds, the principal and interest of which are fully secured by the principal and interest of a direct obligation of the United States Government; (9) The sale of federal funds with a maturity of not more than one (1) business day; (10) Demand, savings, or time deposits or accounts of any depository institution chartered by the United States, any state of the United States, or the District of Columbia, provided funds invested in such demand, savings, or time deposits or accounts are fully insured by a federal deposit insurance agency; (11) Repurchase agreements that are fully collateralized by direct obligations of the United States Government, and general obligations of any state of the United States or any political subdivision thereof, provided that any such repurchase agreement shall provide for the taking of delivery of the collateral, either directly or through an authorized custodian; (12) Securities of, or other interest in, any open-end type investment company or investment trust registered under the Investment Company Act of 1940, and which is defined as a "money market fund" under 17 C.F.R. § 270.2a-7 , provided that the portfolio of such investment company or investment trust is limited principally to United States Government obligations and to repurchase agreements fully collateralized by United States Government obligations, and provided further that any such investment company or investment trust shall take delivery of the collateral either directly or through an authorized custodian.

(1) Direct obligations of the United States Government;

(2) Obligations of agencies and instrumentalities created by act of the United States Congress and authorized thereby to issue securities or evidences of indebtedness, regardless of guarantee of repayment by the United States Government;

(3) Obligations the principal and interest of which are fully guaranteed by the United States Government or an agency or an instrumentality created by an act of the United States Congress and authorized thereby to issue such a guarantee;

(4) Obligations the principal and interest of which are fully secured, insured, or covered by commitments or agreements to purchase by the United States Government or an agency or instrumentality created by an act of the United States Congress and authorized thereby to issue such commitments or agreements;

(5) General obligations of the states of the United States and of the political subdivisions, municipalities, commonwealths, territories or insular possessions thereof;

(6) Obligations issued by the State Board of Education under authority of the Arkansas Constitution or applicable statutes;

(7) Warrants of political subdivisions of the State of Arkansas and municipalities thereof having maturities not exceeding one (1) year;

(8) Prerefunded municipal bonds, the principal and interest of which are fully secured by the principal and interest of a direct obligation of the United States Government;

(9) The sale of federal funds with a maturity of not more than one (1) business day;

(10) Demand, savings, or time deposits or accounts of any depository institution chartered by the United States, any state of the United States, or the District of Columbia, provided funds invested in such demand, savings, or time deposits or accounts are fully insured by a federal deposit insurance agency;

(11) Repurchase agreements that are fully collateralized by direct obligations of the United States Government, and general obligations of any state of the United States or any political subdivision thereof, provided that any such repurchase agreement shall provide for the taking of delivery of the collateral, either directly or through an authorized custodian;

(12) Securities of, or other interest in, any open-end type investment company or investment trust registered under the Investment Company Act of 1940, and which is defined as a "money market fund" under 17 C.F.R. § 270.2a-7 , provided that the portfolio of such investment company or investment trust is limited principally to United States Government obligations and to repurchase agreements fully collateralized by United States Government obligations, and provided further that any such investment company or investment trust shall take delivery of the collateral either directly or through an authorized custodian.

(e) The commissioner may adopt rules to establish limits, requirements, or exemptions other than those specified by this section for particular classes or categories of investment, or limit or expand investment authority for state trust companies for particular classes or categories of securities or other property.

Amended by Act 2019, No. 315,§ 2581, eff. 7/24/2019.

Acts 1997, No. 940, § 23.
Ark. Code Ann. § 23-55-612 — AR Code / Title 23 / Chapter 55 / Section 23-55-612
Receipts
Status: in_force

(a) This section does not apply to: (1) money received for transmission subject to the federal remittance transfer definitions, 12 C.F.R. Part 1005.30, as it existed on January 1, 2023; (2) money received for transmission that is not primarily for personal, family, or household purposes; (3) money received for transmission under a written agreement between the licensee and payee to process payments for goods or services provided by the payee; or (4) payroll processing services. (b) In this section, "receipt" means a paper receipt, electronic record, or other written confirmation. (c) (1) For a transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt. (2) For a transaction conducted electronically or by phone, a receipt may be provided electronically. (3) All electronic receipts shall be provided in a retainable form. (d) (1) Every licensee or its authorized delegate shall provide the sender a receipt for money received for transmission. (2) The receipt shall contain the following information, as applicable: (A) the name of the sender, to the extent the licensee or its authorized delegate is required to capture this information before transmission; (B) the name of the designated recipient, unless the licensee can determine the name of the recipient by the unique transaction or identification number described in subdivision (d)(2)(D), in which case the name of the recipient is not required; (C) the date of the transaction; (D) the unique transaction or identification number; (E) the name of the licensee, Nationwide Multistate Licensing System and Registry Unique ID, the licensee's business address, and the licensee's customer service telephone number; (F) the amount of the transaction in United States dollars; (G) any fee charged by the licensee to the sender for the transaction; and (H) any taxes collected by the licensee from the sender for the transaction. (e) The receipt required by this section shall be in English and in the language principally used by the licensee or authorized delegate to advertise, solicit, or negotiate, either orally or in writing, for a transaction conducted in person, electronically, or by phone, if other than English. Added by Act 2023, No. 442,§ 9, eff. 8/1/2023.

(a) This section does not apply to: (1) money received for transmission subject to the federal remittance transfer definitions, 12 C.F.R. Part 1005.30, as it existed on January 1, 2023; (2) money received for transmission that is not primarily for personal, family, or household purposes; (3) money received for transmission under a written agreement between the licensee and payee to process payments for goods or services provided by the payee; or (4) payroll processing services.

(1) money received for transmission subject to the federal remittance transfer definitions, 12 C.F.R. Part 1005.30, as it existed on January 1, 2023;

(2) money received for transmission that is not primarily for personal, family, or household purposes;

(3) money received for transmission under a written agreement between the licensee and payee to process payments for goods or services provided by the payee; or

(4) payroll processing services.

(b) In this section, "receipt" means a paper receipt, electronic record, or other written confirmation.

(c) (1) For a transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt. (2) For a transaction conducted electronically or by phone, a receipt may be provided electronically. (3) All electronic receipts shall be provided in a retainable form.

(1) For a transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt.

(2) For a transaction conducted electronically or by phone, a receipt may be provided electronically.

(3) All electronic receipts shall be provided in a retainable form.

(d) (1) Every licensee or its authorized delegate shall provide the sender a receipt for money received for transmission. (2) The receipt shall contain the following information, as applicable: (A) the name of the sender, to the extent the licensee or its authorized delegate is required to capture this information before transmission; (B) the name of the designated recipient, unless the licensee can determine the name of the recipient by the unique transaction or identification number described in subdivision (d)(2)(D), in which case the name of the recipient is not required; (C) the date of the transaction; (D) the unique transaction or identification number; (E) the name of the licensee, Nationwide Multistate Licensing System and Registry Unique ID, the licensee's business address, and the licensee's customer service telephone number; (F) the amount of the transaction in United States dollars; (G) any fee charged by the licensee to the sender for the transaction; and (H) any taxes collected by the licensee from the sender for the transaction.

(1) Every licensee or its authorized delegate shall provide the sender a receipt for money received for transmission.

(2) The receipt shall contain the following information, as applicable: (A) the name of the sender, to the extent the licensee or its authorized delegate is required to capture this information before transmission; (B) the name of the designated recipient, unless the licensee can determine the name of the recipient by the unique transaction or identification number described in subdivision (d)(2)(D), in which case the name of the recipient is not required; (C) the date of the transaction; (D) the unique transaction or identification number; (E) the name of the licensee, Nationwide Multistate Licensing System and Registry Unique ID, the licensee's business address, and the licensee's customer service telephone number; (F) the amount of the transaction in United States dollars; (G) any fee charged by the licensee to the sender for the transaction; and (H) any taxes collected by the licensee from the sender for the transaction.

(A) the name of the sender, to the extent the licensee or its authorized delegate is required to capture this information before transmission;

(B) the name of the designated recipient, unless the licensee can determine the name of the recipient by the unique transaction or identification number described in subdivision (d)(2)(D), in which case the name of the recipient is not required;

(C) the date of the transaction;

(D) the unique transaction or identification number;

(E) the name of the licensee, Nationwide Multistate Licensing System and Registry Unique ID, the licensee's business address, and the licensee's customer service telephone number;

(F) the amount of the transaction in United States dollars;

(G) any fee charged by the licensee to the sender for the transaction; and

(H) any taxes collected by the licensee from the sender for the transaction.

(e) The receipt required by this section shall be in English and in the language principally used by the licensee or authorized delegate to advertise, solicit, or negotiate, either orally or in writing, for a transaction conducted in person, electronically, or by phone, if other than English.

Added by Act 2023, No. 442,§ 9, eff. 8/1/2023.
Ark. Code Ann. § 23-18-101 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-101
Areas of service
Status: in_force

(a) Notwithstanding any provisions of law or the terms of any certificate of convenience and necessity, franchise, permit, license, or other authority granted to a public utility or electric cooperative corporation by the state or a municipality, no public utility or electric cooperative corporation shall furnish or offer to furnish electric service at retail and not for resale in any area allocated by the Arkansas Public Service Commission to another electric cooperative corporation or public utility. (b) No later than ninety (90) days after February 21, 2003, the commission shall commence a rulemaking proceeding to identify and to repeal or amend all rules adopted by the commission to facilitate, or in anticipation of, retail electric competition that are inconsistent with, have been rendered unnecessary by, or have been superseded by this act. Amended by Act 2019, No. 315,§ 2470, eff. 7/24/2019. Acts 1935, No. 324, § 41; Pope's Dig., § 2104; Acts 1957, No. 103, § 3; 1967, No. 234, § 5; A.S.A. 1947, § 73-240; 2003, No. 204, § 10.

(a) Notwithstanding any provisions of law or the terms of any certificate of convenience and necessity, franchise, permit, license, or other authority granted to a public utility or electric cooperative corporation by the state or a municipality, no public utility or electric cooperative corporation shall furnish or offer to furnish electric service at retail and not for resale in any area allocated by the Arkansas Public Service Commission to another electric cooperative corporation or public utility.

(b) No later than ninety (90) days after February 21, 2003, the commission shall commence a rulemaking proceeding to identify and to repeal or amend all rules adopted by the commission to facilitate, or in anticipation of, retail electric competition that are inconsistent with, have been rendered unnecessary by, or have been superseded by this act.

Amended by Act 2019, No. 315,§ 2470, eff. 7/24/2019.

Acts 1935, No. 324, § 41; Pope's Dig., § 2104; Acts 1957, No. 103, § 3; 1967, No. 234, § 5; A.S.A. 1947, § 73-240; 2003, No. 204, § 10.
Ark. Code Ann. § 23-10-432 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-432
Duty to furnish cars - Reasonable time for requesting cars
Status: in_force

It shall be deemed, prima facie, a reasonable time within which to order cars that any shipper shall give notice thereof to the station agent at the place of shipment, or in his or her absence to the nearest station agent of the railroad company to which the application is made, three (3) days before a shipment of five (5) cars or fewer, and five (5) days for fewer than ten (10) but more than five (5) cars, and eight (8) days for ten (10) cars or more. It shall be the duty of the railroad companies to furnish their station agents with printed blanks upon which shippers may make application for their cars. However, nothing in this section and §§ 23-10-401 , 23-10-433 - 23-10-437 , and 23-12-605 shall be construed to exempt any railroad company from the obligation to furnish cars for shipment without the written notice, but it shall only be subject to the penalties of §§ 23-10-434 - 23-10-437 for failure to furnish cars to shippers where notice thereof shall be given in writing or, in case of shipment of freight wholly between points in this state, then in accordance with the rules of the Arkansas Department of Transportation. Amended by Act 2019, No. 315,§ 2403, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 148, eff. 8/1/2017. Acts 1909, No. 277, § 4, p. 814; C. & M. Dig., § 1637; Pope's Dig., § 1958; A.S.A. 1947, § 73-1308.

It shall be deemed, prima facie, a reasonable time within which to order cars that any shipper shall give notice thereof to the station agent at the place of shipment, or in his or her absence to the nearest station agent of the railroad company to which the application is made, three (3) days before a shipment of five (5) cars or fewer, and five (5) days for fewer than ten (10) but more than five (5) cars, and eight (8) days for ten (10) cars or more. It shall be the duty of the railroad companies to furnish their station agents with printed blanks upon which shippers may make application for their cars. However, nothing in this section and §§ 23-10-401 , 23-10-433 - 23-10-437 , and 23-12-605 shall be construed to exempt any railroad company from the obligation to furnish cars for shipment without the written notice, but it shall only be subject to the penalties of §§ 23-10-434 - 23-10-437 for failure to furnish cars to shippers where notice thereof shall be given in writing or, in case of shipment of freight wholly between points in this state, then in accordance with the rules of the Arkansas Department of Transportation.

Amended by Act 2019, No. 315,§ 2403, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 148, eff. 8/1/2017.

Acts 1909, No. 277, § 4, p. 814; C. & M. Dig., § 1637; Pope's Dig., § 1958; A.S.A. 1947, § 73-1308.
Ark. Code Ann. § 23-47-602 — AR Code / Title 23 / Chapter 47 / Subchapter 6 / Section 23-47-602
Real estate subsidiaries
Status: in_force

(a) A state bank acting through an operating subsidiary or a bank holding company acting, directly or through a subsidiary, may, with the prior approval of the Bank Commissioner, engage in real estate investment and development, including without limitation: (1) Development of subdivisions or additions; (2) Construction of improvements; (3) Acquisition of stock or equity interests in any entity created primarily for the purpose of owning and developing real estate, including those activities authorized for community development corporations pursuant to § 23-47-605 ; and (4) Any other activities necessary and proper in connection with real estate investment and development. (b) A state bank's investment in real estate and in real estate subsidiaries, excluding its bank premises, shall not exceed one hundred fifty percent (150%) of its capital base. (c) A state bank acting through an operating subsidiary or a bank holding company acting directly or through a subsidiary may carry out any one (1) or more of the purposes, activities, and objectives set forth in this section as principal, factor, agent, or otherwise, either alone, through, or in conjunction with any person, including the performance and carrying out of the purposes and objects herein enumerated as a member of a partnership or joint venture. (d) Loans to an operating subsidiary engaged in real estate investment and development that are fully secured by securities that the state bank could invest in without limitation pursuant to § 23-47-401 shall not be subject to the limitations of this section. Acts 1997, No. 89, § 1; 1999, No. 112, § 3.

(a) A state bank acting through an operating subsidiary or a bank holding company acting, directly or through a subsidiary, may, with the prior approval of the Bank Commissioner, engage in real estate investment and development, including without limitation: (1) Development of subdivisions or additions; (2) Construction of improvements; (3) Acquisition of stock or equity interests in any entity created primarily for the purpose of owning and developing real estate, including those activities authorized for community development corporations pursuant to § 23-47-605 ; and (4) Any other activities necessary and proper in connection with real estate investment and development.

(1) Development of subdivisions or additions;

(2) Construction of improvements;

(3) Acquisition of stock or equity interests in any entity created primarily for the purpose of owning and developing real estate, including those activities authorized for community development corporations pursuant to § 23-47-605 ; and

(4) Any other activities necessary and proper in connection with real estate investment and development.

(b) A state bank's investment in real estate and in real estate subsidiaries, excluding its bank premises, shall not exceed one hundred fifty percent (150%) of its capital base.

(c) A state bank acting through an operating subsidiary or a bank holding company acting directly or through a subsidiary may carry out any one (1) or more of the purposes, activities, and objectives set forth in this section as principal, factor, agent, or otherwise, either alone, through, or in conjunction with any person, including the performance and carrying out of the purposes and objects herein enumerated as a member of a partnership or joint venture.

(d) Loans to an operating subsidiary engaged in real estate investment and development that are fully secured by securities that the state bank could invest in without limitation pursuant to § 23-47-401 shall not be subject to the limitations of this section.

Acts 1997, No. 89, § 1; 1999, No. 112, § 3.
Ark. Code Ann. § 23-64-225 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-225
Excess or rejected business
Status: in_force

A licensed agent authorized to sell life or accident and health insurance may place, from time to time, excess or rejected risks in any other life or accident and health insurer authorized to transact insurance in this state with the knowledge and approval of the insurers as to which the agent is so appointed and may receive a commission thereon without being required to have an appointment as to the other insurer. Acts 1959, No. 148, § 175; A.S.A. 1947, § 66-2832; Acts 1997, No. 1004, § 1; 2001, No. 1603, § 19.

A licensed agent authorized to sell life or accident and health insurance may place, from time to time, excess or rejected risks in any other life or accident and health insurer authorized to transact insurance in this state with the knowledge and approval of the insurers as to which the agent is so appointed and may receive a commission thereon without being required to have an appointment as to the other insurer.

Acts 1959, No. 148, § 175; A.S.A. 1947, § 66-2832; Acts 1997, No. 1004, § 1; 2001, No. 1603, § 19.
Ark. Code Ann. § 23-92-405 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-405
Controlling person
Status: in_force

(a) Each controlling person shall provide information and certifications necessary for the Insurance Commissioner to determine that the controlling person is of good moral character and: (1) Is at least eighteen (18) years of age; and (2) Has the education, managerial, or business experience to successfully act as the controlling person of a professional employer organization. (b) (1) As used in this subchapter, "good moral character" means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealings, and respect for the rights of others and for state and federal laws. (2) The commissioner may conduct a thorough background investigation of the individual's good moral character, as the commissioner may deem necessary. (c) The commissioner may prohibit a person found to qualify as a controlling person under subsection (a) of this section from exercising control over the professional employer organization if the commissioner subsequently finds that the person no longer qualifies under subsection (a) of this section. (d) A controlling person may be removed or suspended from control for a definite period if he or she: (1) Is indicted as the subject of a criminal investigation or is found guilty of, or pleads guilty or nolo contendere to: (A) Bribery, fraud, or willful misrepresentation in obtaining, attempting to obtain, or renewing a license; (B) A crime in any jurisdiction that relates to the operation of a professional employer organization business or the ability to engage in business as a professional employer organization; or (C) Fraud, deceit, or misconduct in the: (i) Classification of employees for purposes of determining workers' compensation rates; (ii) Establishment or maintenance of self-insurance, whether health insurance or workers' compensation insurance; or (iii) Operation of a professional employer organization; (2) Is confined in any county jail, post adjudication, or confined in any state or federal prison or mental institution; (3) Can no longer safely be entrusted to deal with the public or in a confidential capacity, due to mental disease or deterioration; (4) Has been previously suspended and is found guilty for a second time of any misconduct that warrants suspension; (5) Has been previously suspended and is found guilty of a course of conduct or practice that shows the licensee is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors or those with whom the licensee may sustain a confidential relationship may not safely be entrusted to the licensee; (6) Fails to inform the commissioner in writing within thirty (30) days after being found guilty of, or entering a plea of guilty or nolo contendere to, any felony; (7) Is determined liable for civil fraud by a court in any jurisdiction; or (8) By bribery, misrepresentation, or fraud, obtains or attempts to obtain a new license or renews or attempts to renew a license to provide professional employer organization services. Acts 2003, No. 1750, § 1.

(a) Each controlling person shall provide information and certifications necessary for the Insurance Commissioner to determine that the controlling person is of good moral character and: (1) Is at least eighteen (18) years of age; and (2) Has the education, managerial, or business experience to successfully act as the controlling person of a professional employer organization.

(1) Is at least eighteen (18) years of age; and

(2) Has the education, managerial, or business experience to successfully act as the controlling person of a professional employer organization.

(b) (1) As used in this subchapter, "good moral character" means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealings, and respect for the rights of others and for state and federal laws. (2) The commissioner may conduct a thorough background investigation of the individual's good moral character, as the commissioner may deem necessary.

(1) As used in this subchapter, "good moral character" means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealings, and respect for the rights of others and for state and federal laws.

(2) The commissioner may conduct a thorough background investigation of the individual's good moral character, as the commissioner may deem necessary.

(c) The commissioner may prohibit a person found to qualify as a controlling person under subsection (a) of this section from exercising control over the professional employer organization if the commissioner subsequently finds that the person no longer qualifies under subsection (a) of this section.

(d) A controlling person may be removed or suspended from control for a definite period if he or she: (1) Is indicted as the subject of a criminal investigation or is found guilty of, or pleads guilty or nolo contendere to: (A) Bribery, fraud, or willful misrepresentation in obtaining, attempting to obtain, or renewing a license; (B) A crime in any jurisdiction that relates to the operation of a professional employer organization business or the ability to engage in business as a professional employer organization; or (C) Fraud, deceit, or misconduct in the: (i) Classification of employees for purposes of determining workers' compensation rates; (ii) Establishment or maintenance of self-insurance, whether health insurance or workers' compensation insurance; or (iii) Operation of a professional employer organization; (2) Is confined in any county jail, post adjudication, or confined in any state or federal prison or mental institution; (3) Can no longer safely be entrusted to deal with the public or in a confidential capacity, due to mental disease or deterioration; (4) Has been previously suspended and is found guilty for a second time of any misconduct that warrants suspension; (5) Has been previously suspended and is found guilty of a course of conduct or practice that shows the licensee is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors or those with whom the licensee may sustain a confidential relationship may not safely be entrusted to the licensee; (6) Fails to inform the commissioner in writing within thirty (30) days after being found guilty of, or entering a plea of guilty or nolo contendere to, any felony; (7) Is determined liable for civil fraud by a court in any jurisdiction; or (8) By bribery, misrepresentation, or fraud, obtains or attempts to obtain a new license or renews or attempts to renew a license to provide professional employer organization services.

(1) Is indicted as the subject of a criminal investigation or is found guilty of, or pleads guilty or nolo contendere to: (A) Bribery, fraud, or willful misrepresentation in obtaining, attempting to obtain, or renewing a license; (B) A crime in any jurisdiction that relates to the operation of a professional employer organization business or the ability to engage in business as a professional employer organization; or (C) Fraud, deceit, or misconduct in the: (i) Classification of employees for purposes of determining workers' compensation rates; (ii) Establishment or maintenance of self-insurance, whether health insurance or workers' compensation insurance; or (iii) Operation of a professional employer organization;

(A) Bribery, fraud, or willful misrepresentation in obtaining, attempting to obtain, or renewing a license;

(B) A crime in any jurisdiction that relates to the operation of a professional employer organization business or the ability to engage in business as a professional employer organization; or

(C) Fraud, deceit, or misconduct in the: (i) Classification of employees for purposes of determining workers' compensation rates; (ii) Establishment or maintenance of self-insurance, whether health insurance or workers' compensation insurance; or (iii) Operation of a professional employer organization;

(i) Classification of employees for purposes of determining workers' compensation rates;

(ii) Establishment or maintenance of self-insurance, whether health insurance or workers' compensation insurance; or

(iii) Operation of a professional employer organization;

(2) Is confined in any county jail, post adjudication, or confined in any state or federal prison or mental institution;

(3) Can no longer safely be entrusted to deal with the public or in a confidential capacity, due to mental disease or deterioration;

(4) Has been previously suspended and is found guilty for a second time of any misconduct that warrants suspension;

(5) Has been previously suspended and is found guilty of a course of conduct or practice that shows the licensee is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors or those with whom the licensee may sustain a confidential relationship may not safely be entrusted to the licensee;

(6) Fails to inform the commissioner in writing within thirty (30) days after being found guilty of, or entering a plea of guilty or nolo contendere to, any felony;

(7) Is determined liable for civil fraud by a court in any jurisdiction; or

(8) By bribery, misrepresentation, or fraud, obtains or attempts to obtain a new license or renews or attempts to renew a license to provide professional employer organization services.

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-99-1209 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1209
Effective date
Status: in_force

(a) This subchapter applies to the activities of risk-based provider organizations on and after January 1, 2021. (b) Except as provided in subsection (a) of this section, this subchapter is effective on and after September 1, 2019. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) This subchapter applies to the activities of risk-based provider organizations on and after January 1, 2021.

(b) Except as provided in subsection (a) of this section, this subchapter is effective on and after September 1, 2019.

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-61-1005 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1005
Requirements for eligible individuals
Status: in_force

(a) An eligible individual is responsible for all applicable cost-sharing and premium payment requirements as determined by the Department of Human Services. (b) An eligible individual may participate in a health improvement initiative, as developed and implemented by either the eligible individual's individual qualified health insurance plan or the department. (c) (1) (A) An eligible individual who is determined by the department to meet the eligibility criteria for a risk-based provider organization due to serious mental illness or substance use disorder shall be enrolled in a risk-based provider organization under criteria established by the department. (B) An eligible individual who is enrolled in a risk-based provider organization is exempt from the requirements of subsections (a) and (b) of this section. (2) (A) An eligible individual who is determined by the department to be medically frail shall receive healthcare coverage through the fee-for-service Arkansas Medicaid Program. (B) An eligible individual who is enrolled in the fee-for-service Arkansas Medicaid Program is exempt from the requirements of subsection (a) of this section. (d) An eligible individual shall receive notice that: (1) The Arkansas Health and Opportunity for Me Program is not a perpetual federal or state right or a guaranteed entitlement; (2) The Arkansas Health and Opportunity for Me Program is subject to cancellation upon appropriate notice; (3) Enrollment in an individual qualified health insurance plan is not a right; and (4) If the individual chooses not to participate or fails to meet participation goals in the economic independence initiative, the individual may lose incentives provided through enrollment in an individual qualified health insurance plan or be unenrolled from the individual qualified health insurance plan after notification by the department. Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Amended by Act 2019, No. 910,§ 603, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 602, eff. 7/1/2019. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

(a) An eligible individual is responsible for all applicable cost-sharing and premium payment requirements as determined by the Department of Human Services.

(b) An eligible individual may participate in a health improvement initiative, as developed and implemented by either the eligible individual's individual qualified health insurance plan or the department.

(c) (1) (A) An eligible individual who is determined by the department to meet the eligibility criteria for a risk-based provider organization due to serious mental illness or substance use disorder shall be enrolled in a risk-based provider organization under criteria established by the department. (B) An eligible individual who is enrolled in a risk-based provider organization is exempt from the requirements of subsections (a) and (b) of this section. (2) (A) An eligible individual who is determined by the department to be medically frail shall receive healthcare coverage through the fee-for-service Arkansas Medicaid Program. (B) An eligible individual who is enrolled in the fee-for-service Arkansas Medicaid Program is exempt from the requirements of subsection (a) of this section.

(1) (A) An eligible individual who is determined by the department to meet the eligibility criteria for a risk-based provider organization due to serious mental illness or substance use disorder shall be enrolled in a risk-based provider organization under criteria established by the department. (B) An eligible individual who is enrolled in a risk-based provider organization is exempt from the requirements of subsections (a) and (b) of this section.

(A) An eligible individual who is determined by the department to meet the eligibility criteria for a risk-based provider organization due to serious mental illness or substance use disorder shall be enrolled in a risk-based provider organization under criteria established by the department.

(B) An eligible individual who is enrolled in a risk-based provider organization is exempt from the requirements of subsections (a) and (b) of this section.

(2) (A) An eligible individual who is determined by the department to be medically frail shall receive healthcare coverage through the fee-for-service Arkansas Medicaid Program. (B) An eligible individual who is enrolled in the fee-for-service Arkansas Medicaid Program is exempt from the requirements of subsection (a) of this section.

(A) An eligible individual who is determined by the department to be medically frail shall receive healthcare coverage through the fee-for-service Arkansas Medicaid Program.

(B) An eligible individual who is enrolled in the fee-for-service Arkansas Medicaid Program is exempt from the requirements of subsection (a) of this section.

(d) An eligible individual shall receive notice that: (1) The Arkansas Health and Opportunity for Me Program is not a perpetual federal or state right or a guaranteed entitlement; (2) The Arkansas Health and Opportunity for Me Program is subject to cancellation upon appropriate notice; (3) Enrollment in an individual qualified health insurance plan is not a right; and (4) If the individual chooses not to participate or fails to meet participation goals in the economic independence initiative, the individual may lose incentives provided through enrollment in an individual qualified health insurance plan or be unenrolled from the individual qualified health insurance plan after notification by the department.

(1) The Arkansas Health and Opportunity for Me Program is not a perpetual federal or state right or a guaranteed entitlement;

(2) The Arkansas Health and Opportunity for Me Program is subject to cancellation upon appropriate notice;

(3) Enrollment in an individual qualified health insurance plan is not a right; and

(4) If the individual chooses not to participate or fails to meet participation goals in the economic independence initiative, the individual may lose incentives provided through enrollment in an individual qualified health insurance plan or be unenrolled from the individual qualified health insurance plan after notification by the department.

Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.

Amended by Act 2019, No. 910,§ 603, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 602, eff. 7/1/2019.

Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-115-610 — AR Code / Title 23 / Chapter 115 / Subchapter 6 / Section 23-115-610
Business closure procedure
Status: in_force

(a) If a retailer fails to timely seek administrative or judicial review of a business closure decision or if the business closure decision is affirmed after administrative or judicial review, the Director of the Office of the Arkansas Lottery shall direct the Department of Finance and Administration to affix a written notice to all entrances of the business that: (1) Identifies the business as being subject to a business closure order; and (2) States that the business is prohibited from further operation. (b) The director may also direct that the business be locked or otherwise secured so that it may not be operated. (c) The Secretary of the Department of Finance and Administration may request the assistance of the Division of Arkansas State Police or any state or local law enforcement official to post the notice or to secure the business as authorized in this section. (d) The Office of the Arkansas Lottery may reimburse the department for the costs of administering this section after review of the amount by the Legislative Council. Amended by Act 2019, No. 910,§ 3545, eff. 7/1/2019. Amended by Act 2015, No. 1258,§ 34, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 1405, § 44.

(a) If a retailer fails to timely seek administrative or judicial review of a business closure decision or if the business closure decision is affirmed after administrative or judicial review, the Director of the Office of the Arkansas Lottery shall direct the Department of Finance and Administration to affix a written notice to all entrances of the business that: (1) Identifies the business as being subject to a business closure order; and (2) States that the business is prohibited from further operation.

(1) Identifies the business as being subject to a business closure order; and

(2) States that the business is prohibited from further operation.

(b) The director may also direct that the business be locked or otherwise secured so that it may not be operated.

(c) The Secretary of the Department of Finance and Administration may request the assistance of the Division of Arkansas State Police or any state or local law enforcement official to post the notice or to secure the business as authorized in this section.

(d) The Office of the Arkansas Lottery may reimburse the department for the costs of administering this section after review of the amount by the Legislative Council.

Amended by Act 2019, No. 910,§ 3545, eff. 7/1/2019.

Amended by Act 2015, No. 1258,§ 34, eff. 7/22/2015.

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

Acts 2009, No. 1405, § 44.
Ark. Code Ann. § 23-3-201 — AR Code / Title 23 / Chapter 3 / Subchapter 2 / Section 23-3-201
Requirement for new construction or extension
Status: in_force

(a) New construction or operation of equipment or facilities for supplying a public service or the extension of a public service shall not be undertaken without first obtaining from the Arkansas Public Service Commission a certificate that public convenience and necessity require or will require the construction or operation. (b) (1) This section does not require a certificate of public convenience and necessity for: (A) The replacement or expansion of existing equipment or facilities with similar equipment or facilities in substantially the same location or the rebuilding, upgrading, modernizing, or reconstructing of equipment or facilities that increase capacity if no increase in the width of an existing right-of-way is required; (B) The construction or operation of equipment or facilities for supplying a public service that has begun under a limited or conditional certificate or authority as provided in §§ 23-3-203 - 23-3-205 ; (C) The extension of a public service: (i) Within a municipality or district where a public service has been lawfully supplied; (ii) Within or to territory then being served; or (iii) That is necessary in the ordinary course; or (D) Except as provided in § 23-18-504(c) , the construction or operation of a major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or any exemption under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.; (2) (A) This section does not require a certificate of public convenience and necessity for an electric utility that owns or has a legally recognized right-of-way, easement, or similar property right to property that is not being acquired by eminent domain and is traversed by the construction or connection of the following electric utility facilities: (i) A new or existing transmission or distribution substation, transmission switching station, or transmission metering point and associated facilities or the extension to such facilities, provided that the public utility owns or has a legally recognized right-of-way, easement, or similar property right to the property that is traversed by the construction or connection of the facilities; (ii) If the electric public utility is not an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; (b) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to two (2) line miles in length with a voltage of greater than one hundred kilovolts (100 kV); or (c) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to five (5) line miles in length with a voltage of less than or equal to one hundred kilovolts (100 kV); or (iii) If the electric public utility is an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; or (b) Any transmission lines up to five (5) line miles in length to or from the facilities identified in subdivision (b)(2)(A)(i) of this section if the electric cooperative has informed the landowners whose property is traversed according to the electric cooperative's business practices. (B) Property that the public utility has previously acquired by eminent domain for the construction, operation, or connection of any other public utility facility is considered a legally recognized property right for the purposes of this subdivision (b)(2). (C) This subdivision (b)(2) does not apply if the transmission or distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section include a navigable waterway crossing subject to § 23-3-501 et seq. (c) To the extent a member cooperative of a generation and transmission cooperative, as defined under § 23-4-1101 , is exempt from the requirement to obtain a certificate of public convenience and necessity under subsection (b) of this section, the exemption shall extend to the generation and transmission cooperative. (d) An exemption claimed by a public utility under § 23-18-504(a)(5) does not bar the: (1) Public utility from seeking the issuance of a certificate of public convenience and necessity under this section; or (2) Commission from granting the public utility the certificate of public convenience and necessity sought under subdivision (d)(1) of this section and thereby allowing the public utility to seek recovery of the reasonable cost of the equipment or facilities through rates. Amended by Act 2019, No. 765,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 334,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 273,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 917,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 736,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 341,§ 1, eff. 8/16/2013. Acts 1935, No. 324, § 41; Pope's Dig., § 2104; Acts 1957, No. 103, § 3; 1967, No. 234, § 5; A.S.A. 1947, § 73-240; Acts 1999, No. 1556, § 6; 2001, No. 324, § 1; 2003, No. 204, § 8; 2007, No. 468, § 1; 2009, No. 164, § 1; 2011, No. 910, § 12.

(a) New construction or operation of equipment or facilities for supplying a public service or the extension of a public service shall not be undertaken without first obtaining from the Arkansas Public Service Commission a certificate that public convenience and necessity require or will require the construction or operation.

(b) (1) This section does not require a certificate of public convenience and necessity for: (A) The replacement or expansion of existing equipment or facilities with similar equipment or facilities in substantially the same location or the rebuilding, upgrading, modernizing, or reconstructing of equipment or facilities that increase capacity if no increase in the width of an existing right-of-way is required; (B) The construction or operation of equipment or facilities for supplying a public service that has begun under a limited or conditional certificate or authority as provided in §§ 23-3-203 - 23-3-205 ; (C) The extension of a public service: (i) Within a municipality or district where a public service has been lawfully supplied; (ii) Within or to territory then being served; or (iii) That is necessary in the ordinary course; or (D) Except as provided in § 23-18-504(c) , the construction or operation of a major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or any exemption under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.; (2) (A) This section does not require a certificate of public convenience and necessity for an electric utility that owns or has a legally recognized right-of-way, easement, or similar property right to property that is not being acquired by eminent domain and is traversed by the construction or connection of the following electric utility facilities: (i) A new or existing transmission or distribution substation, transmission switching station, or transmission metering point and associated facilities or the extension to such facilities, provided that the public utility owns or has a legally recognized right-of-way, easement, or similar property right to the property that is traversed by the construction or connection of the facilities; (ii) If the electric public utility is not an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; (b) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to two (2) line miles in length with a voltage of greater than one hundred kilovolts (100 kV); or (c) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to five (5) line miles in length with a voltage of less than or equal to one hundred kilovolts (100 kV); or (iii) If the electric public utility is an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; or (b) Any transmission lines up to five (5) line miles in length to or from the facilities identified in subdivision (b)(2)(A)(i) of this section if the electric cooperative has informed the landowners whose property is traversed according to the electric cooperative's business practices. (B) Property that the public utility has previously acquired by eminent domain for the construction, operation, or connection of any other public utility facility is considered a legally recognized property right for the purposes of this subdivision (b)(2). (C) This subdivision (b)(2) does not apply if the transmission or distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section include a navigable waterway crossing subject to § 23-3-501 et seq.

(1) This section does not require a certificate of public convenience and necessity for: (A) The replacement or expansion of existing equipment or facilities with similar equipment or facilities in substantially the same location or the rebuilding, upgrading, modernizing, or reconstructing of equipment or facilities that increase capacity if no increase in the width of an existing right-of-way is required; (B) The construction or operation of equipment or facilities for supplying a public service that has begun under a limited or conditional certificate or authority as provided in §§ 23-3-203 - 23-3-205 ; (C) The extension of a public service: (i) Within a municipality or district where a public service has been lawfully supplied; (ii) Within or to territory then being served; or (iii) That is necessary in the ordinary course; or (D) Except as provided in § 23-18-504(c) , the construction or operation of a major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or any exemption under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;

(A) The replacement or expansion of existing equipment or facilities with similar equipment or facilities in substantially the same location or the rebuilding, upgrading, modernizing, or reconstructing of equipment or facilities that increase capacity if no increase in the width of an existing right-of-way is required;

(B) The construction or operation of equipment or facilities for supplying a public service that has begun under a limited or conditional certificate or authority as provided in §§ 23-3-203 - 23-3-205 ;

(C) The extension of a public service: (i) Within a municipality or district where a public service has been lawfully supplied; (ii) Within or to territory then being served; or (iii) That is necessary in the ordinary course; or

(i) Within a municipality or district where a public service has been lawfully supplied;

(ii) Within or to territory then being served; or

(iii) That is necessary in the ordinary course; or

(D) Except as provided in § 23-18-504(c) , the construction or operation of a major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or any exemption under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;

(2) (A) This section does not require a certificate of public convenience and necessity for an electric utility that owns or has a legally recognized right-of-way, easement, or similar property right to property that is not being acquired by eminent domain and is traversed by the construction or connection of the following electric utility facilities: (i) A new or existing transmission or distribution substation, transmission switching station, or transmission metering point and associated facilities or the extension to such facilities, provided that the public utility owns or has a legally recognized right-of-way, easement, or similar property right to the property that is traversed by the construction or connection of the facilities; (ii) If the electric public utility is not an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; (b) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to two (2) line miles in length with a voltage of greater than one hundred kilovolts (100 kV); or (c) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to five (5) line miles in length with a voltage of less than or equal to one hundred kilovolts (100 kV); or (iii) If the electric public utility is an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; or (b) Any transmission lines up to five (5) line miles in length to or from the facilities identified in subdivision (b)(2)(A)(i) of this section if the electric cooperative has informed the landowners whose property is traversed according to the electric cooperative's business practices. (B) Property that the public utility has previously acquired by eminent domain for the construction, operation, or connection of any other public utility facility is considered a legally recognized property right for the purposes of this subdivision (b)(2). (C) This subdivision (b)(2) does not apply if the transmission or distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section include a navigable waterway crossing subject to § 23-3-501 et seq.

(A) This section does not require a certificate of public convenience and necessity for an electric utility that owns or has a legally recognized right-of-way, easement, or similar property right to property that is not being acquired by eminent domain and is traversed by the construction or connection of the following electric utility facilities: (i) A new or existing transmission or distribution substation, transmission switching station, or transmission metering point and associated facilities or the extension to such facilities, provided that the public utility owns or has a legally recognized right-of-way, easement, or similar property right to the property that is traversed by the construction or connection of the facilities; (ii) If the electric public utility is not an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; (b) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to two (2) line miles in length with a voltage of greater than one hundred kilovolts (100 kV); or (c) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to five (5) line miles in length with a voltage of less than or equal to one hundred kilovolts (100 kV); or (iii) If the electric public utility is an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; or (b) Any transmission lines up to five (5) line miles in length to or from the facilities identified in subdivision (b)(2)(A)(i) of this section if the electric cooperative has informed the landowners whose property is traversed according to the electric cooperative's business practices.

(i) A new or existing transmission or distribution substation, transmission switching station, or transmission metering point and associated facilities or the extension to such facilities, provided that the public utility owns or has a legally recognized right-of-way, easement, or similar property right to the property that is traversed by the construction or connection of the facilities;

(ii) If the electric public utility is not an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; (b) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to two (2) line miles in length with a voltage of greater than one hundred kilovolts (100 kV); or (c) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to five (5) line miles in length with a voltage of less than or equal to one hundred kilovolts (100 kV); or

(a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section;

(b) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to two (2) line miles in length with a voltage of greater than one hundred kilovolts (100 kV); or

(c) Transmission lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section of up to five (5) line miles in length with a voltage of less than or equal to one hundred kilovolts (100 kV); or

(iii) If the electric public utility is an electric cooperative: (a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; or (b) Any transmission lines up to five (5) line miles in length to or from the facilities identified in subdivision (b)(2)(A)(i) of this section if the electric cooperative has informed the landowners whose property is traversed according to the electric cooperative's business practices.

(a) Any distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section; or

(b) Any transmission lines up to five (5) line miles in length to or from the facilities identified in subdivision (b)(2)(A)(i) of this section if the electric cooperative has informed the landowners whose property is traversed according to the electric cooperative's business practices.

(B) Property that the public utility has previously acquired by eminent domain for the construction, operation, or connection of any other public utility facility is considered a legally recognized property right for the purposes of this subdivision (b)(2).

(C) This subdivision (b)(2) does not apply if the transmission or distribution lines to or from the facilities identified in subdivision (b)(2)(A)(i) of this section include a navigable waterway crossing subject to § 23-3-501 et seq.

(c) To the extent a member cooperative of a generation and transmission cooperative, as defined under § 23-4-1101 , is exempt from the requirement to obtain a certificate of public convenience and necessity under subsection (b) of this section, the exemption shall extend to the generation and transmission cooperative.

(d) An exemption claimed by a public utility under § 23-18-504(a)(5) does not bar the: (1) Public utility from seeking the issuance of a certificate of public convenience and necessity under this section; or (2) Commission from granting the public utility the certificate of public convenience and necessity sought under subdivision (d)(1) of this section and thereby allowing the public utility to seek recovery of the reasonable cost of the equipment or facilities through rates.

(1) Public utility from seeking the issuance of a certificate of public convenience and necessity under this section; or

(2) Commission from granting the public utility the certificate of public convenience and necessity sought under subdivision (d)(1) of this section and thereby allowing the public utility to seek recovery of the reasonable cost of the equipment or facilities through rates.

Amended by Act 2019, No. 765,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 334,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 273,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 917,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 736,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 341,§ 1, eff. 8/16/2013.

Acts 1935, No. 324, § 41; Pope's Dig., § 2104; Acts 1957, No. 103, § 3; 1967, No. 234, § 5; A.S.A. 1947, § 73-240; Acts 1999, No. 1556, § 6; 2001, No. 324, § 1; 2003, No. 204, § 8; 2007, No. 468, § 1; 2009, No. 164, § 1; 2011, No. 910, § 12.
Ark. Code Ann. § 23-88-505 — AR Code / Title 23 / Chapter 88 / Subchapter 5 / Section 23-88-505
Suspension or revocation of license
Status: in_force

If a vendor, its employee, or its authorized representative violates a provision of this subchapter, the Insurance Commissioner may after notice and a hearing impose on the vendor: (1) Fines not to exceed five hundred dollars ($500) per violation or five thousand dollars ($5,000) in the aggregate; and (2) Other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this subchapter, including without limitation: (A) Suspending the privilege of transacting portable electronics insurance at specific business locations where violations have occurred; and (B) Suspending or revoking the ability of individual employees or authorized representatives of the vendor to act under a license issued under this subchapter. Acts 2011, No. 1018, § 1.

If a vendor, its employee, or its authorized representative violates a provision of this subchapter, the Insurance Commissioner may after notice and a hearing impose on the vendor:

(1) Fines not to exceed five hundred dollars ($500) per violation or five thousand dollars ($5,000) in the aggregate; and

(2) Other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this subchapter, including without limitation: (A) Suspending the privilege of transacting portable electronics insurance at specific business locations where violations have occurred; and (B) Suspending or revoking the ability of individual employees or authorized representatives of the vendor to act under a license issued under this subchapter.

(A) Suspending the privilege of transacting portable electronics insurance at specific business locations where violations have occurred; and

(B) Suspending or revoking the ability of individual employees or authorized representatives of the vendor to act under a license issued under this subchapter.

Acts 2011, No. 1018, § 1.
Ark. Code Ann. § 23-117-102 — AR Code / Title 23 / Chapter 117 / Section 23-117-102
Licenses for employees - Service industry licenses - Background checks
Status: in_force

(a) The Arkansas Racing Commission shall require a person employed by a franchise holder or casino licensee in the conduct of wagering on casino gaming games or devices to obtain a license from the commission. (b) A person or entity shall not sell or otherwise supply casino gaming devices or services to a franchise holder or casino licensee for the conduct of wagering on casino gaming devices as authorized in this chapter or provide repair or other services to casino gaming devices unless the person or entity has: (1) Demonstrated to the satisfaction of the commission that the person or entity has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and (2) Obtained a service industry license from the commission. (c) A service industry license is required for any person or entity that: (1) Manufactures, sells, leases, supplies, or distributes devices, machines, equipment, accessories, objects, or articles that: (A) Are designed specifically for use in casino gaming operations of the franchise holder or casino licensee; (B) Are needed to carry out the activities of an authorized game; (C) Have the capacity to affect the result of the play of an authorized game; or (D) Have the capacity to affect the calculation, storage, collection, or control of the gross revenues; (2) Provides maintenance services or repairs gaming equipment for casino gaming of the franchise holder or casino licensee; (3) Provides management or operational services to a franchise holder or casino licensee for the person's or entity's casino gaming operations; (4) Supplies materials, maintenance, management, or operational services, including without limitation security systems, gaming devices, and money handling or storage devices; (5) Conducts more than one hundred fifty thousand dollars ($150,000) in business with one (1) franchise holder or casino licensee; (6) Is a key employee of a licensed service industry vendor that has the ability to direct, control, or manage operations and who has the discretionary authority over the decision-making within the licensed service industry vendor; or (7) Is a general employee of a licensed service industry vendor that has direct access or remote access to a franchise holder's or casino licensee's casino gaming operations. (d) (1) (A) An applicant for a license under this section shall be fingerprinted to determine the applicant's suitability to be issued a license by the commission. (B) The commission shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Division of Arkansas State Police for statewide criminal and noncriminal background checks. (C) After completion of the statewide criminal and noncriminal background checks under subdivision (d)(1)(B) of this section, the division shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Federal Bureau of Investigation for a national criminal history record check. (D) The commission shall be the recipient of the record check from the Federal Bureau of Investigation. (2) An applicant for a license under this section shall sign a release that authorizes the: (A) Division to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and (B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check performed under this section to the commission. (3) (A) Any information received by the commission from the statewide criminal and noncriminal background check or the national criminal history record check required under this section shall be kept confidential and shall be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission under this section. (B) The commission may disclose information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check required under this section to the applicant. (4) A statewide criminal and noncriminal background check or national criminal history record check is not required of applicants for certain classes of licenses that have been exempted from investigation under rules promulgated by the commission. (5) The commission shall promulgate rules to implement this subsection. (e) A person who knowingly makes a false statement on a license application under this section upon conviction is guilty of a Class A misdemeanor. Amended by Act 2023, No. 289,§ 1, eff. 8/1/2023. Added by Act 2021, No. 682,§ 1, eff. 1/1/2022.

(a) The Arkansas Racing Commission shall require a person employed by a franchise holder or casino licensee in the conduct of wagering on casino gaming games or devices to obtain a license from the commission.

(b) A person or entity shall not sell or otherwise supply casino gaming devices or services to a franchise holder or casino licensee for the conduct of wagering on casino gaming devices as authorized in this chapter or provide repair or other services to casino gaming devices unless the person or entity has: (1) Demonstrated to the satisfaction of the commission that the person or entity has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and (2) Obtained a service industry license from the commission.

(1) Demonstrated to the satisfaction of the commission that the person or entity has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and

(2) Obtained a service industry license from the commission.

(c) A service industry license is required for any person or entity that: (1) Manufactures, sells, leases, supplies, or distributes devices, machines, equipment, accessories, objects, or articles that: (A) Are designed specifically for use in casino gaming operations of the franchise holder or casino licensee; (B) Are needed to carry out the activities of an authorized game; (C) Have the capacity to affect the result of the play of an authorized game; or (D) Have the capacity to affect the calculation, storage, collection, or control of the gross revenues; (2) Provides maintenance services or repairs gaming equipment for casino gaming of the franchise holder or casino licensee; (3) Provides management or operational services to a franchise holder or casino licensee for the person's or entity's casino gaming operations; (4) Supplies materials, maintenance, management, or operational services, including without limitation security systems, gaming devices, and money handling or storage devices; (5) Conducts more than one hundred fifty thousand dollars ($150,000) in business with one (1) franchise holder or casino licensee; (6) Is a key employee of a licensed service industry vendor that has the ability to direct, control, or manage operations and who has the discretionary authority over the decision-making within the licensed service industry vendor; or (7) Is a general employee of a licensed service industry vendor that has direct access or remote access to a franchise holder's or casino licensee's casino gaming operations.

(1) Manufactures, sells, leases, supplies, or distributes devices, machines, equipment, accessories, objects, or articles that: (A) Are designed specifically for use in casino gaming operations of the franchise holder or casino licensee; (B) Are needed to carry out the activities of an authorized game; (C) Have the capacity to affect the result of the play of an authorized game; or (D) Have the capacity to affect the calculation, storage, collection, or control of the gross revenues;

(A) Are designed specifically for use in casino gaming operations of the franchise holder or casino licensee;

(B) Are needed to carry out the activities of an authorized game;

(C) Have the capacity to affect the result of the play of an authorized game; or

(D) Have the capacity to affect the calculation, storage, collection, or control of the gross revenues;

(2) Provides maintenance services or repairs gaming equipment for casino gaming of the franchise holder or casino licensee;

(3) Provides management or operational services to a franchise holder or casino licensee for the person's or entity's casino gaming operations;

(4) Supplies materials, maintenance, management, or operational services, including without limitation security systems, gaming devices, and money handling or storage devices;

(5) Conducts more than one hundred fifty thousand dollars ($150,000) in business with one (1) franchise holder or casino licensee;

(6) Is a key employee of a licensed service industry vendor that has the ability to direct, control, or manage operations and who has the discretionary authority over the decision-making within the licensed service industry vendor; or

(7) Is a general employee of a licensed service industry vendor that has direct access or remote access to a franchise holder's or casino licensee's casino gaming operations.

(d) (1) (A) An applicant for a license under this section shall be fingerprinted to determine the applicant's suitability to be issued a license by the commission. (B) The commission shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Division of Arkansas State Police for statewide criminal and noncriminal background checks. (C) After completion of the statewide criminal and noncriminal background checks under subdivision (d)(1)(B) of this section, the division shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Federal Bureau of Investigation for a national criminal history record check. (D) The commission shall be the recipient of the record check from the Federal Bureau of Investigation. (2) An applicant for a license under this section shall sign a release that authorizes the: (A) Division to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and (B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check performed under this section to the commission. (3) (A) Any information received by the commission from the statewide criminal and noncriminal background check or the national criminal history record check required under this section shall be kept confidential and shall be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission under this section. (B) The commission may disclose information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check required under this section to the applicant. (4) A statewide criminal and noncriminal background check or national criminal history record check is not required of applicants for certain classes of licenses that have been exempted from investigation under rules promulgated by the commission. (5) The commission shall promulgate rules to implement this subsection.

(1) (A) An applicant for a license under this section shall be fingerprinted to determine the applicant's suitability to be issued a license by the commission. (B) The commission shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Division of Arkansas State Police for statewide criminal and noncriminal background checks. (C) After completion of the statewide criminal and noncriminal background checks under subdivision (d)(1)(B) of this section, the division shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Federal Bureau of Investigation for a national criminal history record check. (D) The commission shall be the recipient of the record check from the Federal Bureau of Investigation.

(A) An applicant for a license under this section shall be fingerprinted to determine the applicant's suitability to be issued a license by the commission.

(B) The commission shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Division of Arkansas State Police for statewide criminal and noncriminal background checks.

(C) After completion of the statewide criminal and noncriminal background checks under subdivision (d)(1)(B) of this section, the division shall forward the fingerprints obtained under subdivision (d)(1)(A) of this section to the Federal Bureau of Investigation for a national criminal history record check.

(D) The commission shall be the recipient of the record check from the Federal Bureau of Investigation.

(2) An applicant for a license under this section shall sign a release that authorizes the: (A) Division to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and (B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check performed under this section to the commission.

(A) Division to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and

(B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check performed under this section to the commission.

(3) (A) Any information received by the commission from the statewide criminal and noncriminal background check or the national criminal history record check required under this section shall be kept confidential and shall be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission under this section. (B) The commission may disclose information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check required under this section to the applicant.

(A) Any information received by the commission from the statewide criminal and noncriminal background check or the national criminal history record check required under this section shall be kept confidential and shall be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission under this section.

(B) The commission may disclose information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check required under this section to the applicant.

(4) A statewide criminal and noncriminal background check or national criminal history record check is not required of applicants for certain classes of licenses that have been exempted from investigation under rules promulgated by the commission.

(5) The commission shall promulgate rules to implement this subsection.

(e) A person who knowingly makes a false statement on a license application under this section upon conviction is guilty of a Class A misdemeanor.

Amended by Act 2023, No. 289,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 682,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 23-99-1102 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1102
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) A physician-patient relationship is paramount and should not be subject to third-party intrusion; and (2) Prior authorizations can place attempted cost savings ahead of optimal patient care. (b) The General Assembly intends for this subchapter to: (1) Ensure that prior authorizations do not hinder patient care or intrude on the practice of medicine; and (2) Guarantee that prior authorizations include the use of written clinical criteria and reviews by appropriate physicians to secure a fair authorization review process for patients. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) The General Assembly finds that: (1) A physician-patient relationship is paramount and should not be subject to third-party intrusion; and (2) Prior authorizations can place attempted cost savings ahead of optimal patient care.

(1) A physician-patient relationship is paramount and should not be subject to third-party intrusion; and

(2) Prior authorizations can place attempted cost savings ahead of optimal patient care.

(b) The General Assembly intends for this subchapter to: (1) Ensure that prior authorizations do not hinder patient care or intrude on the practice of medicine; and (2) Guarantee that prior authorizations include the use of written clinical criteria and reviews by appropriate physicians to secure a fair authorization review process for patients.

(1) Ensure that prior authorizations do not hinder patient care or intrude on the practice of medicine; and

(2) Guarantee that prior authorizations include the use of written clinical criteria and reviews by appropriate physicians to secure a fair authorization review process for patients.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-38-203 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-203
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 9; Pope's Dig., § 984; A.S.A. 1947, § 67-819.

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

Acts 1929, No. 128, § 9; Pope's Dig., § 984; A.S.A. 1947, § 67-819.
Ark. Code Ann. § 23-4-628 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-628
Issuance of commission's order - Rates to be collected
Status: in_force

Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in § 23-2-421 , no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under bond. The public utility shall be permitted to collect only those rates set in the order of the commission, and those rates shall be effective throughout any rehearing and judicial review proceedings permitted and prescribed in §§ 23-2-422 - 23-2-424 . Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in § 23-2-421 , no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under bond. The public utility shall be permitted to collect only those rates set in the order of the commission, and those rates shall be effective throughout any rehearing and judicial review proceedings permitted and prescribed in §§ 23-2-422 - 23-2-424 .

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-12-703 — AR Code / Title 23 / Chapter 12 / Subchapter 7 / Section 23-12-703
Railroad police - Powers
Status: in_force

Each police officer shall have and exercise throughout the State of Arkansas the power to make arrests for the violation of any law on the property of the company, and to arrest persons, whether on or off the company's property, for the violation of any law on the company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of railroad police officer. Acts 1973, No. 57, § 3; A.S.A. 1947, § 73-636.

Each police officer shall have and exercise throughout the State of Arkansas the power to make arrests for the violation of any law on the property of the company, and to arrest persons, whether on or off the company's property, for the violation of any law on the company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of railroad police officer.

Acts 1973, No. 57, § 3; A.S.A. 1947, § 73-636.
Ark. Code Ann. § 23-51-127 — AR Code / Title 23 / Chapter 51 / Section 23-51-127
Engaging in commerce prohibited
Status: in_force

Except as otherwise provided by this chapter or rules adopted under this chapter, a state trust company may not invest its funds in trade or commerce by buying, selling, or otherwise dealing in goods or by owning or operating a business not part of the state trust business, except as necessary to fulfil a fiduciary obligation to a client. Amended by Act 2019, No. 315,§ 2584, eff. 7/24/2019. Acts 1997, No. 940, § 27.

Except as otherwise provided by this chapter or rules adopted under this chapter, a state trust company may not invest its funds in trade or commerce by buying, selling, or otherwise dealing in goods or by owning or operating a business not part of the state trust business, except as necessary to fulfil a fiduciary obligation to a client.

Amended by Act 2019, No. 315,§ 2584, eff. 7/24/2019.

Acts 1997, No. 940, § 27.
Ark. Code Ann. § 23-79-2501 — AR Code / Title 23 / Chapter 79 / Subchapter 25 / Section 23-79-2501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Healthcare Insurer Share the Savings Act". Added by Act 2023, No. 333,§ 1, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Healthcare Insurer Share the Savings Act".

Added by Act 2023, No. 333,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-61-503 — AR Code / Title 23 / Chapter 61 / Subchapter 5 / Section 23-61-503
Jurisdiction of State Insurance Department - Application of Arkansas Insurance Code
Status: in_force

(a) Notwithstanding any other provision of law and except as provided in this subchapter, any person, entity, or plan that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether the coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the State Insurance Department and to all other applicable provisions of the Arkansas Insurance Code unless the person, entity, or plan described in this section shows that it is not subject to the jurisdiction of the department. (b) This subchapter shall not apply to: (1) A trust established under §§ 14-54-101 and 25-20-104 to provide benefits such as accident and health benefits, death benefits, dental benefits, and disability income benefits; or (2) The Comprehensive Health Insurance Pool Act, § 23-79-501 et seq. Acts 1983, No. 728, § 2; A.S.A. 1947, § 66-2020; Acts 2003, No. 516, § 2.

(a) Notwithstanding any other provision of law and except as provided in this subchapter, any person, entity, or plan that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether the coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the State Insurance Department and to all other applicable provisions of the Arkansas Insurance Code unless the person, entity, or plan described in this section shows that it is not subject to the jurisdiction of the department.

(b) This subchapter shall not apply to: (1) A trust established under §§ 14-54-101 and 25-20-104 to provide benefits such as accident and health benefits, death benefits, dental benefits, and disability income benefits; or (2) The Comprehensive Health Insurance Pool Act, § 23-79-501 et seq.

(1) A trust established under §§ 14-54-101 and 25-20-104 to provide benefits such as accident and health benefits, death benefits, dental benefits, and disability income benefits; or

(2) The Comprehensive Health Insurance Pool Act, § 23-79-501 et seq.

Acts 1983, No. 728, § 2; A.S.A. 1947, § 66-2020; Acts 2003, No. 516, § 2.
Ark. Code Ann. § 23-63-1102 — AR Code / Title 23 / Chapter 63 / Subchapter 11 / Section 23-63-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners; (2) "Control" or "controlled" has the meaning set out in § 23-63-503 ; (3) "Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a producer; (4) "Controlling producer" means a producer who, directly or indirectly, controls an insurer; (5) (A) "Licensed insurer" or "insurer" means any person, firm, association, or corporation duly licensed to transact a property and casualty insurance business in this state. (B) The following, among other things, are not licensed insurers for the purposes of this subchapter: (i) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, the Product Liability Risk Retention Act of 1981, and §§ 23-94-101 - 23-94-108 [repealed], 23-94-201 - 23-94-209 [revised], and 23-94-301 - 23-94-303 [repealed]; (ii) All residual market pools and joint underwriting authorities or associations; and (iii) All captive insurers, that is, insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks of member organizations and group members and their affiliates; and (6) "Producer" means an insurance broker or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such a person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation. Acts 1993, No. 526, § 1.

As used in this subchapter:

(1) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners;

(2) "Control" or "controlled" has the meaning set out in § 23-63-503 ;

(3) "Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a producer;

(4) "Controlling producer" means a producer who, directly or indirectly, controls an insurer;

(5) (A) "Licensed insurer" or "insurer" means any person, firm, association, or corporation duly licensed to transact a property and casualty insurance business in this state. (B) The following, among other things, are not licensed insurers for the purposes of this subchapter: (i) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, the Product Liability Risk Retention Act of 1981, and §§ 23-94-101 - 23-94-108 [repealed], 23-94-201 - 23-94-209 [revised], and 23-94-301 - 23-94-303 [repealed]; (ii) All residual market pools and joint underwriting authorities or associations; and (iii) All captive insurers, that is, insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks of member organizations and group members and their affiliates; and

(A) "Licensed insurer" or "insurer" means any person, firm, association, or corporation duly licensed to transact a property and casualty insurance business in this state.

(B) The following, among other things, are not licensed insurers for the purposes of this subchapter: (i) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, the Product Liability Risk Retention Act of 1981, and §§ 23-94-101 - 23-94-108 [repealed], 23-94-201 - 23-94-209 [revised], and 23-94-301 - 23-94-303 [repealed]; (ii) All residual market pools and joint underwriting authorities or associations; and (iii) All captive insurers, that is, insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks of member organizations and group members and their affiliates; and

(i) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, the Product Liability Risk Retention Act of 1981, and §§ 23-94-101 - 23-94-108 [repealed], 23-94-201 - 23-94-209 [revised], and 23-94-301 - 23-94-303 [repealed];

(ii) All residual market pools and joint underwriting authorities or associations; and

(iii) All captive insurers, that is, insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks of member organizations and group members and their affiliates; and

(6) "Producer" means an insurance broker or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such a person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation.

Acts 1993, No. 526, § 1.
Ark. Code Ann. § 23-82-110 — AR Code / Title 23 / Chapter 82 / Section 23-82-110
Nonforfeiture benefits and cash surrender value provisions
Status: in_force

There shall be provisions for nonforfeiture benefits and cash surrender values as required by the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq. Acts 1959, No. 148, § 354; A.S.A. 1947, § 66-3409.

There shall be provisions for nonforfeiture benefits and cash surrender values as required by the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

Acts 1959, No. 148, § 354; A.S.A. 1947, § 66-3409.
Ark. Code Ann. § 23-87-106 — AR Code / Title 23 / Chapter 87 / Section 23-87-106
Penalties
Status: in_force

(a) In addition to any penalty provided by law, any person who violates an order of the Insurance Commissioner after it has become final, and while the order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of Arkansas a sum not to exceed two hundred fifty dollars ($250) which may be recovered in a civil action. However, if the violation is found to be willful, the amount of the penalty shall be a sum not to exceed one thousand dollars ($1,000). (b) (1) In the commissioner's discretion, the commissioner may also revoke or suspend the license or certificate of authority of the person guilty of any violation as set out in subsection (a) of this section. (2) The order for suspension or revocation shall be subject to judicial review as provided in § 23-61-307 . Acts 1959, No. 148, §§ 444, 445; A.S.A. 1947, §§ 66-3818, 66-3819.

(a) In addition to any penalty provided by law, any person who violates an order of the Insurance Commissioner after it has become final, and while the order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of Arkansas a sum not to exceed two hundred fifty dollars ($250) which may be recovered in a civil action. However, if the violation is found to be willful, the amount of the penalty shall be a sum not to exceed one thousand dollars ($1,000).

(b) (1) In the commissioner's discretion, the commissioner may also revoke or suspend the license or certificate of authority of the person guilty of any violation as set out in subsection (a) of this section. (2) The order for suspension or revocation shall be subject to judicial review as provided in § 23-61-307 .

(1) In the commissioner's discretion, the commissioner may also revoke or suspend the license or certificate of authority of the person guilty of any violation as set out in subsection (a) of this section.

(2) The order for suspension or revocation shall be subject to judicial review as provided in § 23-61-307 .

Acts 1959, No. 148, §§ 444, 445; A.S.A. 1947, §§ 66-3818, 66-3819.
Ark. Code Ann. § 23-16-502 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-502
Definitions
Status: in_force

As used in this subchapter: (1) "Contract carrier" means a passenger contract carrier that for compensation transports railroad employees with a vehicle designed or used to transport eight (8) persons or less, including the driver; and (2) (A) "On-duty time" means all time at a terminal, facility, or other property of a contract carrier or on any public property waiting to be dispatched. (B) "On-duty time" includes time spent inspecting, servicing, or conditioning the vehicle, unless the driver has been relieved from duty by the contract carrier. Acts 2009, No. 243, § 1.

As used in this subchapter:

(1) "Contract carrier" means a passenger contract carrier that for compensation transports railroad employees with a vehicle designed or used to transport eight (8) persons or less, including the driver; and

(2) (A) "On-duty time" means all time at a terminal, facility, or other property of a contract carrier or on any public property waiting to be dispatched. (B) "On-duty time" includes time spent inspecting, servicing, or conditioning the vehicle, unless the driver has been relieved from duty by the contract carrier.

(A) "On-duty time" means all time at a terminal, facility, or other property of a contract carrier or on any public property waiting to be dispatched.

(B) "On-duty time" includes time spent inspecting, servicing, or conditioning the vehicle, unless the driver has been relieved from duty by the contract carrier.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-69-122 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-122
Proxies - Stock insurers
Status: in_force

(a) Every proxy of a stockholder of an insurer shall be revocable at will, and this provision cannot be waived. (b) The revocation of a proxy shall not be effective until notice thereof has been given to the secretary of the insurer. (c) The Insurance Commissioner shall have the authority to: (1) Regulate the solicitation of proxies by any person; (2) Require the disclosure of information deemed relevant to an understanding of issues and matters with respect to which proxies are, or are proposed to be, solicited; (3) Specify general requirements as to form and contents of proxies; (4) Determine the length of time for which proxies may be effective unless sooner revoked; (5) Prohibit solicitations of proxies which do not comply with such rules as the commissioner may issue hereunder, or as to which disclosures required by the rules are not made; (6) Prohibit the making or use of false or misleading statements or the distribution of any false or misleading material with respect to the solicitation of any proxy or with respect to any election or election contest; and (7) Issue such other rules respecting proxies and elections as the commissioner may deem necessary or appropriate in the public interest or for the protection of stockholders of insurers. (d) Rules issued by the commissioner under authority of this section shall be made or amended as provided in § 23-61-108 . (e) Insofar as may be practical, rules and regulations with respect to proxies, consents, or authorizations then currently approved or formulated by the National Association of Insurance Commissioners, or its successor organization, shall be followed. Amended by Act 2019, No. 315,§ 2684, eff. 7/24/2019. Acts 1959, No. 148, § 472; 1965, No. 459, § 1; A.S.A. 1947, § 66-4220.

(a) Every proxy of a stockholder of an insurer shall be revocable at will, and this provision cannot be waived.

(b) The revocation of a proxy shall not be effective until notice thereof has been given to the secretary of the insurer.

(c) The Insurance Commissioner shall have the authority to: (1) Regulate the solicitation of proxies by any person; (2) Require the disclosure of information deemed relevant to an understanding of issues and matters with respect to which proxies are, or are proposed to be, solicited; (3) Specify general requirements as to form and contents of proxies; (4) Determine the length of time for which proxies may be effective unless sooner revoked; (5) Prohibit solicitations of proxies which do not comply with such rules as the commissioner may issue hereunder, or as to which disclosures required by the rules are not made; (6) Prohibit the making or use of false or misleading statements or the distribution of any false or misleading material with respect to the solicitation of any proxy or with respect to any election or election contest; and (7) Issue such other rules respecting proxies and elections as the commissioner may deem necessary or appropriate in the public interest or for the protection of stockholders of insurers.

(1) Regulate the solicitation of proxies by any person;

(2) Require the disclosure of information deemed relevant to an understanding of issues and matters with respect to which proxies are, or are proposed to be, solicited;

(3) Specify general requirements as to form and contents of proxies;

(4) Determine the length of time for which proxies may be effective unless sooner revoked;

(5) Prohibit solicitations of proxies which do not comply with such rules as the commissioner may issue hereunder, or as to which disclosures required by the rules are not made;

(6) Prohibit the making or use of false or misleading statements or the distribution of any false or misleading material with respect to the solicitation of any proxy or with respect to any election or election contest; and

(7) Issue such other rules respecting proxies and elections as the commissioner may deem necessary or appropriate in the public interest or for the protection of stockholders of insurers.

(d) Rules issued by the commissioner under authority of this section shall be made or amended as provided in § 23-61-108 .

(e) Insofar as may be practical, rules and regulations with respect to proxies, consents, or authorizations then currently approved or formulated by the National Association of Insurance Commissioners, or its successor organization, shall be followed.

Amended by Act 2019, No. 315,§ 2684, eff. 7/24/2019.

Acts 1959, No. 148, § 472; 1965, No. 459, § 1; A.S.A. 1947, § 66-4220.
Ark. Code Ann. § 23-115-802 — AR Code / Title 23 / Chapter 115 / Subchapter 8 / Section 23-115-802
Scholarship Shortfall Reserve Trust Account
Status: in_force

(a) The Office of the Arkansas Lottery shall maintain a Scholarship Shortfall Reserve Trust Account. (b) (1) An amount equal to four percent (4%) of the total amount of net proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until the amount in the Scholarship Shortfall Reserve Trust Account equals twenty million dollars ($20,000,000). (2) Thereafter, only the amount necessary to maintain the Scholarship Shortfall Reserve Trust Account in an amount equal to twenty million dollars ($20,000,000) shall be deposited into the Scholarship Shortfall Reserve Trust Account. (3) Any amount in the Scholarship Shortfall Reserve Trust Account exceeding twenty million dollars ($20,000,000) shall be considered net proceeds and shall be deposited annually into one (1) or more trust accounts at one (1) or more financial institutions by July 1 of each year. (c) (1) (A) Except as provided in subdivision (c)(2) of this section, if net proceeds in any year are not sufficient to meet the amount allocated for scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Scholarship Shortfall Reserve Trust Account may be drawn upon to meet the deficiency according to the procedural requirements established under subdivision (c)(3)(B) of this section. (B) In the event that the funding available in the Scholarship Shortfall Reserve Trust Account is not sufficient to meet the remaining amount allocated for scholarships funded with net proceeds from the state lottery, up to the first twenty million dollars ($20,000,000) of funds allocated in the Higher Education Grants Fund Account may be drawn upon to meet the deficiency. (2) Except as provided in subdivision (c)(3)(B) of this section, the Scholarship Shortfall Reserve Trust Account shall not be drawn upon to fund Arkansas Workforce Challenge Scholarships under the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., Arkansas Concurrent Challenge Scholarships under the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., or any other scholarship funded with net proceeds from the state lottery. (3) (A) Determining the maximum amount of loans from the Scholarship Shortfall Reserve Trust Account to the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., is the prerogative of the General Assembly. This is usually accomplished by the General Assembly's delineating such funding allocations for the various scholarship programs, with the approval of the Administrative Rules Subcommittee of the Legislative Council and through oversight as required by law by the Lottery Oversight Subcommittee of the Legislative Council. Further, the General Assembly determines that the Division of Higher Education may operate more efficiently with some flexibility, therefore it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or the Joint Budget Committee as provided by this section. (B) If the division determines it is necessary to borrow from the Scholarship Shortfall Reserve Trust Account to fund scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., the division shall first obtain review and approval from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2021, No. 636,§ 7, eff. 4/12/2021. Amended by Act 2019, No. 456,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 613,§ 6, eff. 3/23/2017. Amended by Act 2015, No. 1105,§ 7, eff. 4/6/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 46; 2010, No. 265, §§ 33, 34; 2010, No. 294, §§ 33, 34.

(a) The Office of the Arkansas Lottery shall maintain a Scholarship Shortfall Reserve Trust Account.

(b) (1) An amount equal to four percent (4%) of the total amount of net proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until the amount in the Scholarship Shortfall Reserve Trust Account equals twenty million dollars ($20,000,000). (2) Thereafter, only the amount necessary to maintain the Scholarship Shortfall Reserve Trust Account in an amount equal to twenty million dollars ($20,000,000) shall be deposited into the Scholarship Shortfall Reserve Trust Account. (3) Any amount in the Scholarship Shortfall Reserve Trust Account exceeding twenty million dollars ($20,000,000) shall be considered net proceeds and shall be deposited annually into one (1) or more trust accounts at one (1) or more financial institutions by July 1 of each year.

(1) An amount equal to four percent (4%) of the total amount of net proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until the amount in the Scholarship Shortfall Reserve Trust Account equals twenty million dollars ($20,000,000).

(2) Thereafter, only the amount necessary to maintain the Scholarship Shortfall Reserve Trust Account in an amount equal to twenty million dollars ($20,000,000) shall be deposited into the Scholarship Shortfall Reserve Trust Account.

(3) Any amount in the Scholarship Shortfall Reserve Trust Account exceeding twenty million dollars ($20,000,000) shall be considered net proceeds and shall be deposited annually into one (1) or more trust accounts at one (1) or more financial institutions by July 1 of each year.

(c) (1) (A) Except as provided in subdivision (c)(2) of this section, if net proceeds in any year are not sufficient to meet the amount allocated for scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Scholarship Shortfall Reserve Trust Account may be drawn upon to meet the deficiency according to the procedural requirements established under subdivision (c)(3)(B) of this section. (B) In the event that the funding available in the Scholarship Shortfall Reserve Trust Account is not sufficient to meet the remaining amount allocated for scholarships funded with net proceeds from the state lottery, up to the first twenty million dollars ($20,000,000) of funds allocated in the Higher Education Grants Fund Account may be drawn upon to meet the deficiency. (2) Except as provided in subdivision (c)(3)(B) of this section, the Scholarship Shortfall Reserve Trust Account shall not be drawn upon to fund Arkansas Workforce Challenge Scholarships under the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., Arkansas Concurrent Challenge Scholarships under the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., or any other scholarship funded with net proceeds from the state lottery. (3) (A) Determining the maximum amount of loans from the Scholarship Shortfall Reserve Trust Account to the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., is the prerogative of the General Assembly. This is usually accomplished by the General Assembly's delineating such funding allocations for the various scholarship programs, with the approval of the Administrative Rules Subcommittee of the Legislative Council and through oversight as required by law by the Lottery Oversight Subcommittee of the Legislative Council. Further, the General Assembly determines that the Division of Higher Education may operate more efficiently with some flexibility, therefore it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or the Joint Budget Committee as provided by this section. (B) If the division determines it is necessary to borrow from the Scholarship Shortfall Reserve Trust Account to fund scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., the division shall first obtain review and approval from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) (A) Except as provided in subdivision (c)(2) of this section, if net proceeds in any year are not sufficient to meet the amount allocated for scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Scholarship Shortfall Reserve Trust Account may be drawn upon to meet the deficiency according to the procedural requirements established under subdivision (c)(3)(B) of this section. (B) In the event that the funding available in the Scholarship Shortfall Reserve Trust Account is not sufficient to meet the remaining amount allocated for scholarships funded with net proceeds from the state lottery, up to the first twenty million dollars ($20,000,000) of funds allocated in the Higher Education Grants Fund Account may be drawn upon to meet the deficiency.

(A) Except as provided in subdivision (c)(2) of this section, if net proceeds in any year are not sufficient to meet the amount allocated for scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Scholarship Shortfall Reserve Trust Account may be drawn upon to meet the deficiency according to the procedural requirements established under subdivision (c)(3)(B) of this section.

(B) In the event that the funding available in the Scholarship Shortfall Reserve Trust Account is not sufficient to meet the remaining amount allocated for scholarships funded with net proceeds from the state lottery, up to the first twenty million dollars ($20,000,000) of funds allocated in the Higher Education Grants Fund Account may be drawn upon to meet the deficiency.

(2) Except as provided in subdivision (c)(3)(B) of this section, the Scholarship Shortfall Reserve Trust Account shall not be drawn upon to fund Arkansas Workforce Challenge Scholarships under the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., Arkansas Concurrent Challenge Scholarships under the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., or any other scholarship funded with net proceeds from the state lottery.

(3) (A) Determining the maximum amount of loans from the Scholarship Shortfall Reserve Trust Account to the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., is the prerogative of the General Assembly. This is usually accomplished by the General Assembly's delineating such funding allocations for the various scholarship programs, with the approval of the Administrative Rules Subcommittee of the Legislative Council and through oversight as required by law by the Lottery Oversight Subcommittee of the Legislative Council. Further, the General Assembly determines that the Division of Higher Education may operate more efficiently with some flexibility, therefore it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or the Joint Budget Committee as provided by this section. (B) If the division determines it is necessary to borrow from the Scholarship Shortfall Reserve Trust Account to fund scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., the division shall first obtain review and approval from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(A) Determining the maximum amount of loans from the Scholarship Shortfall Reserve Trust Account to the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., is the prerogative of the General Assembly. This is usually accomplished by the General Assembly's delineating such funding allocations for the various scholarship programs, with the approval of the Administrative Rules Subcommittee of the Legislative Council and through oversight as required by law by the Lottery Oversight Subcommittee of the Legislative Council. Further, the General Assembly determines that the Division of Higher Education may operate more efficiently with some flexibility, therefore it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or the Joint Budget Committee as provided by this section.

(B) If the division determines it is necessary to borrow from the Scholarship Shortfall Reserve Trust Account to fund scholarships under the Arkansas Academic Challenge Scholarship Program, § 6-85-201 et seq., the Arkansas Workforce Challenge Scholarship Program, § 6-85-301 et seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6-85-401 et seq., the division shall first obtain review and approval from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2021, No. 636,§ 7, eff. 4/12/2021.

Amended by Act 2019, No. 456,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 613,§ 6, eff. 3/23/2017.

Amended by Act 2015, No. 1105,§ 7, eff. 4/6/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 46; 2010, No. 265, §§ 33, 34; 2010, No. 294, §§ 33, 34.
Ark. Code Ann. § 23-81-804 — AR Code / Title 23 / Chapter 81 / Subchapter 8 / Section 23-81-804
License suspension, revocation, or refusal to renew
Status: in_force

(a) The Insurance Commissioner may suspend, revoke, or refuse to renew the license of any licensee if the commissioner finds that: (1) There was any material misrepresentation in the application for the license; (2) The licensee or any officer, partner, member, or director has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee; (3) The provider demonstrates a pattern of unreasonably withholding payments to policy owners; (4) The licensee no longer meets the requirements for initial licensure; (5) The licensee or any officer, partner, member, or director has been convicted of a felony or of any misdemeanor of which criminal fraud is an element or the licensee has pleaded guilty or nolo contendere with respect to any felony or any misdemeanor of which criminal fraud or moral turpitude is an element, regardless of whether a judgment of conviction has been entered by the court; (6) The provider has entered into any life settlement contract using a form that has not been approved pursuant to this subchapter; (7) The provider has failed to honor contractual obligations set out in a life settlement contract; (8) The provider has assigned, transferred, or pledged a settled policy to a person other than a provider licensed in this state, a purchaser, or an accredited investor or qualified institutional buyer as defined in, respectively, Regulation D, Rule 501, or Rule 144A of the Securities Act of 1933, as amended, a financing entity, a special purpose entity, or a related provider trust; or (9) The licensee or any officer, partner, member, or key management personnel has violated provisions of this subchapter. (b) (1) The commissioner may deny a license application or suspend, revoke, or refuse to renew a license of a licensee for the licensee's failure to comply with this subchapter. (2) A proceeding under this subsection is subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2013, No. 355,§ 13, eff. 8/16/2013. Acts 2009, No. 796, § 1.

(a) The Insurance Commissioner may suspend, revoke, or refuse to renew the license of any licensee if the commissioner finds that: (1) There was any material misrepresentation in the application for the license; (2) The licensee or any officer, partner, member, or director has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee; (3) The provider demonstrates a pattern of unreasonably withholding payments to policy owners; (4) The licensee no longer meets the requirements for initial licensure; (5) The licensee or any officer, partner, member, or director has been convicted of a felony or of any misdemeanor of which criminal fraud is an element or the licensee has pleaded guilty or nolo contendere with respect to any felony or any misdemeanor of which criminal fraud or moral turpitude is an element, regardless of whether a judgment of conviction has been entered by the court; (6) The provider has entered into any life settlement contract using a form that has not been approved pursuant to this subchapter; (7) The provider has failed to honor contractual obligations set out in a life settlement contract; (8) The provider has assigned, transferred, or pledged a settled policy to a person other than a provider licensed in this state, a purchaser, or an accredited investor or qualified institutional buyer as defined in, respectively, Regulation D, Rule 501, or Rule 144A of the Securities Act of 1933, as amended, a financing entity, a special purpose entity, or a related provider trust; or (9) The licensee or any officer, partner, member, or key management personnel has violated provisions of this subchapter.

(1) There was any material misrepresentation in the application for the license;

(2) The licensee or any officer, partner, member, or director has been guilty of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent to act as a licensee;

(3) The provider demonstrates a pattern of unreasonably withholding payments to policy owners;

(4) The licensee no longer meets the requirements for initial licensure;

(5) The licensee or any officer, partner, member, or director has been convicted of a felony or of any misdemeanor of which criminal fraud is an element or the licensee has pleaded guilty or nolo contendere with respect to any felony or any misdemeanor of which criminal fraud or moral turpitude is an element, regardless of whether a judgment of conviction has been entered by the court;

(6) The provider has entered into any life settlement contract using a form that has not been approved pursuant to this subchapter;

(7) The provider has failed to honor contractual obligations set out in a life settlement contract;

(8) The provider has assigned, transferred, or pledged a settled policy to a person other than a provider licensed in this state, a purchaser, or an accredited investor or qualified institutional buyer as defined in, respectively, Regulation D, Rule 501, or Rule 144A of the Securities Act of 1933, as amended, a financing entity, a special purpose entity, or a related provider trust; or

(9) The licensee or any officer, partner, member, or key management personnel has violated provisions of this subchapter.

(b) (1) The commissioner may deny a license application or suspend, revoke, or refuse to renew a license of a licensee for the licensee's failure to comply with this subchapter. (2) A proceeding under this subsection is subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The commissioner may deny a license application or suspend, revoke, or refuse to renew a license of a licensee for the licensee's failure to comply with this subchapter.

(2) A proceeding under this subsection is subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2013, No. 355,§ 13, eff. 8/16/2013.

Acts 2009, No. 796, § 1.
Ark. Code Ann. § 23-69-120 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-120
Meetings of stockholders or members
Status: in_force

(a) Meetings of stockholders or members of a domestic insurer shall be held in the city or town of its principal office or place of business in this state or in such other place within the State of Arkansas as shall be specified by its articles of incorporation or articles of association. (b) No meeting of stockholders or members shall amend the insurer's articles of incorporation unless the proposal so to amend was included in the notice of the meeting. (c) Each insurer shall hold an annual meeting of its stockholders or members to fill vacancies existing or occurring in the board of directors, receive and consider reports of the insurer's officers as to its affairs, and transact such other business as may properly be brought before it. Not less than five (5) days' prior notice shall be given of the meeting in the manner provided in the bylaws, except where notice of the annual meeting of a mutual insurer is contained in its policies. (d) Special meetings of the stockholders or members may be called at any time for any purpose by the board of directors, upon not less than five (5) days' notice as provided in the bylaws. The notice shall state the purpose of the meeting, and no business of which notice was not so given shall be transacted at the meeting. The bylaws may also provide for the calling of special meetings by a designated committee of the board of directors, by one (1) or more designated officers of the insurer, or by a specified proportion of the stockholders or members. (e) If more than fifteen (15) months are allowed to elapse without an annual stockholders' or members' meeting being held, any stockholder or member may call a meeting to be held. At any time, upon written request of any director or of any stockholders or members holding in the aggregate one-third (1/3) of the voting power of all stockholders or members, it shall be the duty of the secretary to call a special meeting of stockholders or members to be held at such time as the secretary may fix in the written notice thereof, not less than five (5) nor more than sixty (60) days after the receipt of the request. If the secretary fails to issue the call, the director, stockholders, or members making the request may do so. (f) A stockholders' or members' meeting held can be organized for the transaction of business whenever a quorum is present. Except as otherwise provided by law or the articles of incorporation: (1) The presence, in person or by proxy, of the holders of a majority of the voting power of all stockholders, or of all members shall constitute a quorum; (2) The stockholders or members present at an organized meeting can continue to do business until adjournment, notwithstanding the withdrawal of enough stockholders or members to leave less than a quorum; (3) If any necessary officer fails to attend the meeting, any stockholder or member present may be elected to act temporarily in lieu of the absent officer; (4) If a meeting cannot be organized because a quorum has not attended, those present may adjourn the meeting to such time as they may determine, but in the case of any meeting called for the election of any director, the adjournment must be to the next day and those who attend the adjourned meeting, although less than a quorum as fixed in this section or in the articles of incorporation, shall nevertheless constitute a quorum for the purpose of electing any director; and (5) An annual or special meeting of stockholders or members may be adjourned to another date without new notice being given. Acts 1959, No. 148, § 470; A.S.A. 1947, § 66-4218.

(a) Meetings of stockholders or members of a domestic insurer shall be held in the city or town of its principal office or place of business in this state or in such other place within the State of Arkansas as shall be specified by its articles of incorporation or articles of association.

(b) No meeting of stockholders or members shall amend the insurer's articles of incorporation unless the proposal so to amend was included in the notice of the meeting.

(c) Each insurer shall hold an annual meeting of its stockholders or members to fill vacancies existing or occurring in the board of directors, receive and consider reports of the insurer's officers as to its affairs, and transact such other business as may properly be brought before it. Not less than five (5) days' prior notice shall be given of the meeting in the manner provided in the bylaws, except where notice of the annual meeting of a mutual insurer is contained in its policies.

(d) Special meetings of the stockholders or members may be called at any time for any purpose by the board of directors, upon not less than five (5) days' notice as provided in the bylaws. The notice shall state the purpose of the meeting, and no business of which notice was not so given shall be transacted at the meeting. The bylaws may also provide for the calling of special meetings by a designated committee of the board of directors, by one (1) or more designated officers of the insurer, or by a specified proportion of the stockholders or members.

(e) If more than fifteen (15) months are allowed to elapse without an annual stockholders' or members' meeting being held, any stockholder or member may call a meeting to be held. At any time, upon written request of any director or of any stockholders or members holding in the aggregate one-third (1/3) of the voting power of all stockholders or members, it shall be the duty of the secretary to call a special meeting of stockholders or members to be held at such time as the secretary may fix in the written notice thereof, not less than five (5) nor more than sixty (60) days after the receipt of the request. If the secretary fails to issue the call, the director, stockholders, or members making the request may do so.

(f) A stockholders' or members' meeting held can be organized for the transaction of business whenever a quorum is present. Except as otherwise provided by law or the articles of incorporation: (1) The presence, in person or by proxy, of the holders of a majority of the voting power of all stockholders, or of all members shall constitute a quorum; (2) The stockholders or members present at an organized meeting can continue to do business until adjournment, notwithstanding the withdrawal of enough stockholders or members to leave less than a quorum; (3) If any necessary officer fails to attend the meeting, any stockholder or member present may be elected to act temporarily in lieu of the absent officer; (4) If a meeting cannot be organized because a quorum has not attended, those present may adjourn the meeting to such time as they may determine, but in the case of any meeting called for the election of any director, the adjournment must be to the next day and those who attend the adjourned meeting, although less than a quorum as fixed in this section or in the articles of incorporation, shall nevertheless constitute a quorum for the purpose of electing any director; and (5) An annual or special meeting of stockholders or members may be adjourned to another date without new notice being given.

(1) The presence, in person or by proxy, of the holders of a majority of the voting power of all stockholders, or of all members shall constitute a quorum;

(2) The stockholders or members present at an organized meeting can continue to do business until adjournment, notwithstanding the withdrawal of enough stockholders or members to leave less than a quorum;

(3) If any necessary officer fails to attend the meeting, any stockholder or member present may be elected to act temporarily in lieu of the absent officer;

(4) If a meeting cannot be organized because a quorum has not attended, those present may adjourn the meeting to such time as they may determine, but in the case of any meeting called for the election of any director, the adjournment must be to the next day and those who attend the adjourned meeting, although less than a quorum as fixed in this section or in the articles of incorporation, shall nevertheless constitute a quorum for the purpose of electing any director; and

(5) An annual or special meeting of stockholders or members may be adjourned to another date without new notice being given.

Acts 1959, No. 148, § 470; A.S.A. 1947, § 66-4218.
Ark. Code Ann. § 23-51-128 — AR Code / Title 23 / Chapter 51 / Section 23-51-128
Lending limits
Status: in_force

(a) A state trust company's total outstanding loans and extensions of credit to a person other than an insider may not exceed an amount equal to twenty percent (20%) of the state trust company's capital base. (b) The aggregate loans and extensions of credit outstanding at any time to insiders of the state trust company may not exceed an amount equal to twenty percent (20%) of the state trust company's capital base. All covered transactions between an insider and a state trust company must be engaged in only on terms and under circumstances, including credit standards, that are substantially the same as those for comparable transactions with a non-insider. (c) The Bank Commissioner may adopt rules to administer and carry out this section, including rules to establish limits, requirements, or exemptions other than those specified by this section for particular classes or categories of loans or extensions of credit, and establish collective lending and investment limits. (d) The commissioner may determine whether a loan or extension of credit putatively made to a person will be attributed to another person for purposes of this section. (e) A state trust company may not lend trust deposits, except that a trustee may make a loan to a beneficiary of the trust if the loan is expressly authorized or directed by the instrument or transaction establishing the trust. (f) An officer, director, or employee of a state trust company who approves or participates in the approval of a loan with actual knowledge that the loan violates this section is jointly and severally liable to the state trust company for the lesser of the amount by which the loan exceeded applicable lending limits or the state trust company's actual loss and remains liable for that amount until the loan and all prior indebtedness of the borrower to the state trust company have been fully repaid. The state trust company may initiate a proceeding to collect an amount due under this subsection at any time before the date the borrower defaults on the subject loan or any prior indebtedness or before the fourth anniversary of that date. A person that is liable for and pays amounts to the state trust company under this subsection is entitled to an assignment of the state trust company's claim against the borrower to the extent of the payments. For purposes of this subsection, an officer, director, or employee of a state trust company is presumed to know the amount of the state trust company's lending limit under subsection (a) of this section and the amount of the borrower's aggregate outstanding indebtedness to the state trust company immediately before a new loan or extension of credit to that borrower. Amended by Act 2019, No. 315,§ 2585, eff. 7/24/2019. Acts 1997, No. 940, § 28.

(a) A state trust company's total outstanding loans and extensions of credit to a person other than an insider may not exceed an amount equal to twenty percent (20%) of the state trust company's capital base.

(b) The aggregate loans and extensions of credit outstanding at any time to insiders of the state trust company may not exceed an amount equal to twenty percent (20%) of the state trust company's capital base. All covered transactions between an insider and a state trust company must be engaged in only on terms and under circumstances, including credit standards, that are substantially the same as those for comparable transactions with a non-insider.

(c) The Bank Commissioner may adopt rules to administer and carry out this section, including rules to establish limits, requirements, or exemptions other than those specified by this section for particular classes or categories of loans or extensions of credit, and establish collective lending and investment limits.

(d) The commissioner may determine whether a loan or extension of credit putatively made to a person will be attributed to another person for purposes of this section.

(e) A state trust company may not lend trust deposits, except that a trustee may make a loan to a beneficiary of the trust if the loan is expressly authorized or directed by the instrument or transaction establishing the trust.

(f) An officer, director, or employee of a state trust company who approves or participates in the approval of a loan with actual knowledge that the loan violates this section is jointly and severally liable to the state trust company for the lesser of the amount by which the loan exceeded applicable lending limits or the state trust company's actual loss and remains liable for that amount until the loan and all prior indebtedness of the borrower to the state trust company have been fully repaid. The state trust company may initiate a proceeding to collect an amount due under this subsection at any time before the date the borrower defaults on the subject loan or any prior indebtedness or before the fourth anniversary of that date. A person that is liable for and pays amounts to the state trust company under this subsection is entitled to an assignment of the state trust company's claim against the borrower to the extent of the payments. For purposes of this subsection, an officer, director, or employee of a state trust company is presumed to know the amount of the state trust company's lending limit under subsection (a) of this section and the amount of the borrower's aggregate outstanding indebtedness to the state trust company immediately before a new loan or extension of credit to that borrower.

Amended by Act 2019, No. 315,§ 2585, eff. 7/24/2019.

Acts 1997, No. 940, § 28.
Ark. Code Ann. § 23-63-2004 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2004
Submission of corporate governance annual disclosure to Insurance Commissioner required
Status: in_force

(a) (1) On or before June 1 of each calendar year, an insurer, or the insurance group of which the insurer is a member, shall submit a corporate governance annual disclosure to the Insurance Commissioner. (2) The corporate governance annual disclosure required under subdivision (a)(1) of this section shall contain the information described in § 23-63-2005 . (3) Notwithstanding any request from the commissioner made under subsection (c) of this section, if the insurer is a member of an insurance group, the insurer shall submit according to the laws of the lead state the corporate governance annual disclosure required under this section to the commissioner or regulator of the lead state for the insurance group as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the National Association of Insurance Commissioners. (b) A corporate governance annual disclosure shall include the signature of the chief executive officer or corporate secretary of the insurer or insurance group attesting that to the best of that individual's belief and knowledge the insurer has implemented the corporate governance practices and that a copy of the corporate governance annual disclosure has been provided to the insurer's board of directors or the appropriate committee. (c) An insurer that is not required to submit a corporate governance annual disclosure under this section shall do so upon the request of the commissioner. (d) (1) For purposes of completing the corporate governance annual disclosure, an insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. (2) The insurer or insurance group is encouraged to make the corporate governance annual disclosure filing at the level that: (A) The insurer's or insurance group's risk appetite is determined; (B) The earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively, and at which the supervision of those factors is coordinated and exercised; or (C) Legal liability for failure of general corporate governance duties would be placed. (3) When the insurer or insurance group determines the level of reporting based on the criteria described under subdivision (d)(2) of this section, the insurer or insurance group shall indicate which of the three (3) criteria described under subdivision (d)(2) of this section was used to determine the level of reporting and explain any subsequent changes in the level of reporting. (e) The review of the corporate governance annual disclosure and any additional requests for information shall be made through the lead state as determined by the procedures within the most recent Financial Analysis Handbook adopted by the National Association of Insurance Commissioners. (f) An insurer that provides information substantially similar to the information required by this subchapter in other documents that are submitted to the commissioner, including without limitation proxy statements filed in conjunction with Form B requirements or other state or federal filings that are provided to the State Insurance Department, shall not be required to duplicate that information in the corporate governance annual disclosure but is required to document and cross-reference the document that the relevant information is included in with the corporate governance annual disclosure. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) (1) On or before June 1 of each calendar year, an insurer, or the insurance group of which the insurer is a member, shall submit a corporate governance annual disclosure to the Insurance Commissioner. (2) The corporate governance annual disclosure required under subdivision (a)(1) of this section shall contain the information described in § 23-63-2005 . (3) Notwithstanding any request from the commissioner made under subsection (c) of this section, if the insurer is a member of an insurance group, the insurer shall submit according to the laws of the lead state the corporate governance annual disclosure required under this section to the commissioner or regulator of the lead state for the insurance group as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the National Association of Insurance Commissioners.

(1) On or before June 1 of each calendar year, an insurer, or the insurance group of which the insurer is a member, shall submit a corporate governance annual disclosure to the Insurance Commissioner.

(2) The corporate governance annual disclosure required under subdivision (a)(1) of this section shall contain the information described in § 23-63-2005 .

(3) Notwithstanding any request from the commissioner made under subsection (c) of this section, if the insurer is a member of an insurance group, the insurer shall submit according to the laws of the lead state the corporate governance annual disclosure required under this section to the commissioner or regulator of the lead state for the insurance group as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the National Association of Insurance Commissioners.

(b) A corporate governance annual disclosure shall include the signature of the chief executive officer or corporate secretary of the insurer or insurance group attesting that to the best of that individual's belief and knowledge the insurer has implemented the corporate governance practices and that a copy of the corporate governance annual disclosure has been provided to the insurer's board of directors or the appropriate committee.

(c) An insurer that is not required to submit a corporate governance annual disclosure under this section shall do so upon the request of the commissioner.

(d) (1) For purposes of completing the corporate governance annual disclosure, an insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. (2) The insurer or insurance group is encouraged to make the corporate governance annual disclosure filing at the level that: (A) The insurer's or insurance group's risk appetite is determined; (B) The earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively, and at which the supervision of those factors is coordinated and exercised; or (C) Legal liability for failure of general corporate governance duties would be placed. (3) When the insurer or insurance group determines the level of reporting based on the criteria described under subdivision (d)(2) of this section, the insurer or insurance group shall indicate which of the three (3) criteria described under subdivision (d)(2) of this section was used to determine the level of reporting and explain any subsequent changes in the level of reporting.

(1) For purposes of completing the corporate governance annual disclosure, an insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance.

(2) The insurer or insurance group is encouraged to make the corporate governance annual disclosure filing at the level that: (A) The insurer's or insurance group's risk appetite is determined; (B) The earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively, and at which the supervision of those factors is coordinated and exercised; or (C) Legal liability for failure of general corporate governance duties would be placed.

(A) The insurer's or insurance group's risk appetite is determined;

(B) The earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively, and at which the supervision of those factors is coordinated and exercised; or

(C) Legal liability for failure of general corporate governance duties would be placed.

(3) When the insurer or insurance group determines the level of reporting based on the criteria described under subdivision (d)(2) of this section, the insurer or insurance group shall indicate which of the three (3) criteria described under subdivision (d)(2) of this section was used to determine the level of reporting and explain any subsequent changes in the level of reporting.

(e) The review of the corporate governance annual disclosure and any additional requests for information shall be made through the lead state as determined by the procedures within the most recent Financial Analysis Handbook adopted by the National Association of Insurance Commissioners.

(f) An insurer that provides information substantially similar to the information required by this subchapter in other documents that are submitted to the commissioner, including without limitation proxy statements filed in conjunction with Form B requirements or other state or federal filings that are provided to the State Insurance Department, shall not be required to duplicate that information in the corporate governance annual disclosure but is required to document and cross-reference the document that the relevant information is included in with the corporate governance annual disclosure.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-99-305 — AR Code / Title 23 / Chapter 99 / Subchapter 3 / Section 23-99-305
Remedies
Status: in_force

Any person adversely affected by a violation of this subchapter may bring action in a court of competent jurisdiction for injunctive relief against the healthcare insurer and, upon prevailing, in addition to such injunctive relief, shall recover damages not less than one thousand dollars ($1,000) plus attorney's fees and costs. Acts 1995, No. 515, § 5; 1995, No. 1092, § 5.

Any person adversely affected by a violation of this subchapter may bring action in a court of competent jurisdiction for injunctive relief against the healthcare insurer and, upon prevailing, in addition to such injunctive relief, shall recover damages not less than one thousand dollars ($1,000) plus attorney's fees and costs.

Acts 1995, No. 515, § 5; 1995, No. 1092, § 5.
Ark. Code Ann. § 23-48-324 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-324
Officers - Taking acknowledgments
Status: in_force

(a) An official of a bank who holds a commission as notary public may act as notary in taking the acknowledgment of mortgages and deeds of trust executed in favor of the bank. All such instruments previously acknowledged in this manner are declared to have been lawfully acknowledged and entitled to record. (b) This section does not authorize such an official to take the acknowledgment of a deed of trust wherein he or she is named the trustee. Acts 1997, No.9, § 1.

(a) An official of a bank who holds a commission as notary public may act as notary in taking the acknowledgment of mortgages and deeds of trust executed in favor of the bank. All such instruments previously acknowledged in this manner are declared to have been lawfully acknowledged and entitled to record.

(b) This section does not authorize such an official to take the acknowledgment of a deed of trust wherein he or she is named the trustee.

Acts 1997, No.9, § 1.
Ark. Code Ann. § 23-13-261 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-261
Injunction against violation of subchapter, rules, etc., or terms and conditions of certificate, permit, or license
Status: in_force

If any motor carrier or broker operates in violation of any provision of this subchapter, except as to the reasonableness of rates, fares, or charges, and the discriminatory character thereof, or any rule, requirement, or order thereunder, or of any term or condition of any certificate, permit, or license, the Arkansas Department of Transportation or its duly authorized agent may apply to the Pulaski County Circuit Court or to any circuit court of the State of Arkansas where the motor carrier operates for the enforcement of the provision of this subchapter, or of the rule, requirement, order, term, or condition, and enjoining upon it or them obedience thereto. Amended by Act 2019, No. 315,§ 2448, eff. 7/24/2019. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.

If any motor carrier or broker operates in violation of any provision of this subchapter, except as to the reasonableness of rates, fares, or charges, and the discriminatory character thereof, or any rule, requirement, or order thereunder, or of any term or condition of any certificate, permit, or license, the Arkansas Department of Transportation or its duly authorized agent may apply to the Pulaski County Circuit Court or to any circuit court of the State of Arkansas where the motor carrier operates for the enforcement of the provision of this subchapter, or of the rule, requirement, order, term, or condition, and enjoining upon it or them obedience thereto.

Amended by Act 2019, No. 315,§ 2448, eff. 7/24/2019.

Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
Ark. Code Ann. § 23-10-105 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-105
Railroads - Discrimination in charges or facilities prohibited
Status: in_force

(a) All individuals, associations, and corporations shall have equal rights to have persons and property transported over railroads in this state. (b) No unjust or undue discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the state. (c) Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station, but excursion, immigration, and commutation tickets may be issued at special rates. (d) No railroad shall charge or collect from a connecting railroad any greater rate of charge for transporting freight received from the connecting railroad to points on its line than the connecting road charges for similar freights originating at the point of junction to the same destination. Acts 1887, No. 81, §§ 1, 4, p. 113; C. & M. Dig., §§ 848, 919; Acts 1937, No. 131, § 1; Pope's Dig., §§ 1052, 1123; Acts 1961, No. 247, § 1; A.S.A. 1947, §§ 73-1504, 73-1506.

(a) All individuals, associations, and corporations shall have equal rights to have persons and property transported over railroads in this state.

(b) No unjust or undue discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the state.

(c) Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station, but excursion, immigration, and commutation tickets may be issued at special rates.

(d) No railroad shall charge or collect from a connecting railroad any greater rate of charge for transporting freight received from the connecting railroad to points on its line than the connecting road charges for similar freights originating at the point of junction to the same destination.

Acts 1887, No. 81, §§ 1, 4, p. 113; C. & M. Dig., §§ 848, 919; Acts 1937, No. 131, § 1; Pope's Dig., §§ 1052, 1123; Acts 1961, No. 247, § 1; A.S.A. 1947, §§ 73-1504, 73-1506.
Ark. Code Ann. § 23-91-214 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-214
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 7; A.S.A. 1947, § 66-5407.

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

Acts 1977, No. 368, § 7; A.S.A. 1947, § 66-5407.
Ark. Code Ann. § 23-68-105 — AR Code / Title 23 / Chapter 68 / Section 23-68-105
Injunctions - Commissioner as party to suits
Status: in_force

(1) Upon application by the Insurance Commissioner for such an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents, and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court. (2) The court may at any time during a proceeding under this chapter issue such other injunctions or orders as may be deemed necessary to prevent interference with the commissioner or the proceeding, or waste of the assets of the insurer, or the commencement or prosecution of any actions, or the obtaining of preferences, judgments, attachments or other liens, or the making of any levy against the insurer or against its assets or any part thereof. (3) Notwithstanding any other provision of law, no bond shall be required of the commissioner as a prerequisite for the issuance of any injunction or restraining order pursuant to this section. (4) No judgment or order rendered by any court of this state in any action pending by or against the delinquent insurer after the commencement of delinquency proceedings shall be binding upon the commissioner unless the commissioner shall have been made a party to such suit. (5) The commissioner shall not be required to plead any suit in which he or she may be a proper party plaintiff or defendant in any of the courts of this state until ninety (90) days after the date of his or her appointment as receiver. Acts 1959, No. 148, § 641; 1985, No. 804, § 27; A.S.A. 1947, § 66-4804.

(1) Upon application by the Insurance Commissioner for such an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents, and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court.

(2) The court may at any time during a proceeding under this chapter issue such other injunctions or orders as may be deemed necessary to prevent interference with the commissioner or the proceeding, or waste of the assets of the insurer, or the commencement or prosecution of any actions, or the obtaining of preferences, judgments, attachments or other liens, or the making of any levy against the insurer or against its assets or any part thereof.

(3) Notwithstanding any other provision of law, no bond shall be required of the commissioner as a prerequisite for the issuance of any injunction or restraining order pursuant to this section.

(4) No judgment or order rendered by any court of this state in any action pending by or against the delinquent insurer after the commencement of delinquency proceedings shall be binding upon the commissioner unless the commissioner shall have been made a party to such suit.

(5) The commissioner shall not be required to plead any suit in which he or she may be a proper party plaintiff or defendant in any of the courts of this state until ninety (90) days after the date of his or her appointment as receiver.

Acts 1959, No. 148, § 641; 1985, No. 804, § 27; A.S.A. 1947, § 66-4804.
Ark. Code Ann. § 23-112-707 — AR Code / Title 23 / Chapter 112 / Subchapter 7 / Section 23-112-707
Manufacturer required to indemnify franchised dealers
Status: in_force

Notwithstanding the terms of any franchise agreement, it shall be a violation of this subchapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed to in writing by the manufacturer for damages, including, but not limited to, court costs and reasonable attorney's fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation, or warranty to the extent that the judgment or settlement agreed to in writing by the manufacturer relates to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories, or other functions by the manufacturer, beyond the control of the dealer. Acts 1991, No. 952, § 7.

Notwithstanding the terms of any franchise agreement, it shall be a violation of this subchapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed to in writing by the manufacturer for damages, including, but not limited to, court costs and reasonable attorney's fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation, or warranty to the extent that the judgment or settlement agreed to in writing by the manufacturer relates to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories, or other functions by the manufacturer, beyond the control of the dealer.

Acts 1991, No. 952, § 7.