Ark. Code Ann. § 23-47-204 — AR Code / Title 23 / Chapter 47 / Subchapter 2 / Section 23-47-204
Deposit accounts - Definitions
Status: in_force

(a) (1) As used in this section: (A) "Multiple-party deposit account" means a deposit account established in the names of two (2) or more persons and payable to or in a form subject to withdrawal by one (1) or more of the persons named on the deposit account; and (B) "Single-party deposit account" means a deposit account established in the name of one (1) person and payable to or in a form subject to withdrawal by the person named on the deposit account. (2) A deposit account may be established as a single-party deposit account or a multiple-party deposit account. (b) (1) When opening a multiple-party deposit account or amending an existing deposit account so as to create a multiple-party deposit account, a bank shall utilize account documents which enable the depositor to designate ownership interest therein in terms substantially similar to one (1) or more of the following: (A) Joint tenants with right of survivorship; (B) Tenants in common; (C) Tenants by the entirety; (D) Payable on death; (E) "Totten" or tentative trust; and (F) Such other deposit designation as may be acceptable to the bank. (2) Account documents which enable the depositor to indicate the depositor's intent of the ownership interest in any multiple-party deposit account may include any of the following: (A) The signature card; (B) The deposit agreement; (C) A certificate of deposit; (D) A document confirming purchase of a certificate of deposit; or (E) Such other document acceptable to the bank which indicates the intent of the depositor. (3) The designation of ownership interest contained in account documents shall be conclusive evidence in any action or proceeding involving the deposit account of the intention of all depositors to vest title to the deposit account in the manner specified in the account documents. (4) Nothing in this section shall be construed to require a bank to offer any particular type of multiple-party deposit account. (c) Multiple-party deposit accounts which do not expressly designate ownership interest as tenants in common, payable on death, or "Totten" or tentative trust shall constitute: (1) A joint tenant with right of survivorship deposit account, if the depositors have not indicated in the account documents that the depositors are married to each other; and (2) A tenants by the entirety deposit account, if the depositors have indicated in the account documents that they are married to each other, whether or not they are at that time husband and wife. (d) (1) A joint tenant with right of survivorship deposit account may be paid to or on the order of any one (1) of the depositors during his or her lifetime unless a contrary written designation, in a form acceptable to the bank, is given to the bank, or to or on the order of any one (1) of the survivors of them after the death of any one (1) or more of them. (2) A tenants by the entirety deposit account may be paid to or on the order of either depositor during his or her lifetime, or to or on the order of the survivor after the death of one (1) of them. (3) (A) A tenants in common deposit account may be paid, prior to the receipt by the bank of a specific written notice of death of a depositor, to or on the order of any one (1) depositor unless a contrary written designation in a form acceptable to the bank is given to the bank. (B) Upon receipt of a specific written notice of death of a depositor in a form acceptable to the bank, the respective pro rata parts of a tenants in common deposit account may be paid to or on the order of the surviving tenant in common, and to the estate of the deceased depositor. (C) All tenants in common deposit accounts shall be deemed to be owned pro rata by the depositors unless a contrary written designation in a form acceptable to the bank is given to the bank. (e) (1) (A) A deposit account may have a payable on death designation. (B) A payable on death deposit account is created if the depositor indicates on the account documents that: (i) The deposit account is payable to one (1) or more living account holders during the life of the account holders; and (ii) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the deposit account shall be paid to or held by another person or persons, as defined in § 23-45-102 . (2) (A) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the owner of the deposit account shall be the person or persons designated by the depositor as a beneficiary on the account documents and that beneficiary is a person, as defined in § 23-45-102 . (B) (i) If more than one (1) person becomes an owner of the deposit account under subdivision (e)(2)(A) of this section, ownership of the deposit account shall be as joint tenants with right of survivorship. (ii) If a designated beneficiary does not survive or is not a person as defined in § 23-45-102 , the proceeds remaining on deposit in the deposit account belong to the estate of the last surviving account holder. (3) During the lifetime of the depositor, he or she may change the designation of the beneficiary who shall be the owner at his or her death by written direction in a form acceptable to the bank. (4) The State Bank Department shall promulgate rules that set out procedures a bank may take before transferring ownership of a deposit account, closing a deposit account, and distributing the proceeds to a person designated by the account documents as a beneficiary. (f) (1) A "Totten" or tentative trust deposit account is created when the depositor indicates on the account document that he or she is the trustee for another person and there is no written trust agreement which affects the deposit account. (2) Upon the death of the person named as trustee, the other person shall be the owner of the deposit account and, if more than one (1) person shall be the owners of the deposit account, ownership shall be as joint tenants with right of survivorship. (3) During the lifetime of the person named as trustee, he or she may change the classification of the person he or she is trustee for by written direction in a form acceptable to the bank. (g) A bank shall also pay partial withdrawal requests, accept pledges of a deposit account, and otherwise deal with the deposit account in the same manner it pays the deposit account pursuant to the provisions of this section. (h) (1) Any payment of a deposit account, acceptance of pledge of a deposit account, change in the form of a deposit account, or otherwise dealing with a deposit account by a bank in the manner provided by this section shall be a complete and valid release and discharge of the bank as to the amount paid or action taken. (2) No bank shall have any liability whatsoever for the way in which the ownership interest of a deposit account is designated when it is opened or in which a deposit account is amended if the deposit account is opened or amended as the depositor specified in the account document. (i) No bank making any payment in accordance with the provisions of this section shall thereby be liable for any estate, inheritance, or succession taxes which may be due. (j) The terms "written direction" and "written designation" shall not be construed to require that the depositor affix his or her signature to an instrument unless the bank requires the signature of the depositor to the instrument. (k) This section applies to a deposit account established on or after June 1, 2015. Amended by Act 2015, No. 586,§ 4, eff. 6/1/2015. Amended by Act 2015, No. 586,§ 3, eff. 6/1/2015. Amended by Act 2015, No. 586,§ 2, eff. 6/1/2015. Amended by Act 2015, No. 586,§ 1, eff. 6/1/2015. Acts 1997, No. 89, § 1.

(a) (1) As used in this section: (A) "Multiple-party deposit account" means a deposit account established in the names of two (2) or more persons and payable to or in a form subject to withdrawal by one (1) or more of the persons named on the deposit account; and (B) "Single-party deposit account" means a deposit account established in the name of one (1) person and payable to or in a form subject to withdrawal by the person named on the deposit account. (2) A deposit account may be established as a single-party deposit account or a multiple-party deposit account.

(1) As used in this section: (A) "Multiple-party deposit account" means a deposit account established in the names of two (2) or more persons and payable to or in a form subject to withdrawal by one (1) or more of the persons named on the deposit account; and (B) "Single-party deposit account" means a deposit account established in the name of one (1) person and payable to or in a form subject to withdrawal by the person named on the deposit account.

(A) "Multiple-party deposit account" means a deposit account established in the names of two (2) or more persons and payable to or in a form subject to withdrawal by one (1) or more of the persons named on the deposit account; and

(B) "Single-party deposit account" means a deposit account established in the name of one (1) person and payable to or in a form subject to withdrawal by the person named on the deposit account.

(2) A deposit account may be established as a single-party deposit account or a multiple-party deposit account.

(b) (1) When opening a multiple-party deposit account or amending an existing deposit account so as to create a multiple-party deposit account, a bank shall utilize account documents which enable the depositor to designate ownership interest therein in terms substantially similar to one (1) or more of the following: (A) Joint tenants with right of survivorship; (B) Tenants in common; (C) Tenants by the entirety; (D) Payable on death; (E) "Totten" or tentative trust; and (F) Such other deposit designation as may be acceptable to the bank. (2) Account documents which enable the depositor to indicate the depositor's intent of the ownership interest in any multiple-party deposit account may include any of the following: (A) The signature card; (B) The deposit agreement; (C) A certificate of deposit; (D) A document confirming purchase of a certificate of deposit; or (E) Such other document acceptable to the bank which indicates the intent of the depositor. (3) The designation of ownership interest contained in account documents shall be conclusive evidence in any action or proceeding involving the deposit account of the intention of all depositors to vest title to the deposit account in the manner specified in the account documents. (4) Nothing in this section shall be construed to require a bank to offer any particular type of multiple-party deposit account.

(1) When opening a multiple-party deposit account or amending an existing deposit account so as to create a multiple-party deposit account, a bank shall utilize account documents which enable the depositor to designate ownership interest therein in terms substantially similar to one (1) or more of the following: (A) Joint tenants with right of survivorship; (B) Tenants in common; (C) Tenants by the entirety; (D) Payable on death; (E) "Totten" or tentative trust; and (F) Such other deposit designation as may be acceptable to the bank.

(A) Joint tenants with right of survivorship;

(B) Tenants in common;

(C) Tenants by the entirety;

(D) Payable on death;

(E) "Totten" or tentative trust; and

(F) Such other deposit designation as may be acceptable to the bank.

(2) Account documents which enable the depositor to indicate the depositor's intent of the ownership interest in any multiple-party deposit account may include any of the following: (A) The signature card; (B) The deposit agreement; (C) A certificate of deposit; (D) A document confirming purchase of a certificate of deposit; or (E) Such other document acceptable to the bank which indicates the intent of the depositor.

(A) The signature card;

(B) The deposit agreement;

(C) A certificate of deposit;

(D) A document confirming purchase of a certificate of deposit; or

(E) Such other document acceptable to the bank which indicates the intent of the depositor.

(3) The designation of ownership interest contained in account documents shall be conclusive evidence in any action or proceeding involving the deposit account of the intention of all depositors to vest title to the deposit account in the manner specified in the account documents.

(4) Nothing in this section shall be construed to require a bank to offer any particular type of multiple-party deposit account.

(c) Multiple-party deposit accounts which do not expressly designate ownership interest as tenants in common, payable on death, or "Totten" or tentative trust shall constitute: (1) A joint tenant with right of survivorship deposit account, if the depositors have not indicated in the account documents that the depositors are married to each other; and (2) A tenants by the entirety deposit account, if the depositors have indicated in the account documents that they are married to each other, whether or not they are at that time husband and wife.

(1) A joint tenant with right of survivorship deposit account, if the depositors have not indicated in the account documents that the depositors are married to each other; and

(2) A tenants by the entirety deposit account, if the depositors have indicated in the account documents that they are married to each other, whether or not they are at that time husband and wife.

(d) (1) A joint tenant with right of survivorship deposit account may be paid to or on the order of any one (1) of the depositors during his or her lifetime unless a contrary written designation, in a form acceptable to the bank, is given to the bank, or to or on the order of any one (1) of the survivors of them after the death of any one (1) or more of them. (2) A tenants by the entirety deposit account may be paid to or on the order of either depositor during his or her lifetime, or to or on the order of the survivor after the death of one (1) of them. (3) (A) A tenants in common deposit account may be paid, prior to the receipt by the bank of a specific written notice of death of a depositor, to or on the order of any one (1) depositor unless a contrary written designation in a form acceptable to the bank is given to the bank. (B) Upon receipt of a specific written notice of death of a depositor in a form acceptable to the bank, the respective pro rata parts of a tenants in common deposit account may be paid to or on the order of the surviving tenant in common, and to the estate of the deceased depositor. (C) All tenants in common deposit accounts shall be deemed to be owned pro rata by the depositors unless a contrary written designation in a form acceptable to the bank is given to the bank.

(1) A joint tenant with right of survivorship deposit account may be paid to or on the order of any one (1) of the depositors during his or her lifetime unless a contrary written designation, in a form acceptable to the bank, is given to the bank, or to or on the order of any one (1) of the survivors of them after the death of any one (1) or more of them.

(2) A tenants by the entirety deposit account may be paid to or on the order of either depositor during his or her lifetime, or to or on the order of the survivor after the death of one (1) of them.

(3) (A) A tenants in common deposit account may be paid, prior to the receipt by the bank of a specific written notice of death of a depositor, to or on the order of any one (1) depositor unless a contrary written designation in a form acceptable to the bank is given to the bank. (B) Upon receipt of a specific written notice of death of a depositor in a form acceptable to the bank, the respective pro rata parts of a tenants in common deposit account may be paid to or on the order of the surviving tenant in common, and to the estate of the deceased depositor. (C) All tenants in common deposit accounts shall be deemed to be owned pro rata by the depositors unless a contrary written designation in a form acceptable to the bank is given to the bank.

(A) A tenants in common deposit account may be paid, prior to the receipt by the bank of a specific written notice of death of a depositor, to or on the order of any one (1) depositor unless a contrary written designation in a form acceptable to the bank is given to the bank.

(B) Upon receipt of a specific written notice of death of a depositor in a form acceptable to the bank, the respective pro rata parts of a tenants in common deposit account may be paid to or on the order of the surviving tenant in common, and to the estate of the deceased depositor.

(C) All tenants in common deposit accounts shall be deemed to be owned pro rata by the depositors unless a contrary written designation in a form acceptable to the bank is given to the bank.

(e) (1) (A) A deposit account may have a payable on death designation. (B) A payable on death deposit account is created if the depositor indicates on the account documents that: (i) The deposit account is payable to one (1) or more living account holders during the life of the account holders; and (ii) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the deposit account shall be paid to or held by another person or persons, as defined in § 23-45-102 . (2) (A) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the owner of the deposit account shall be the person or persons designated by the depositor as a beneficiary on the account documents and that beneficiary is a person, as defined in § 23-45-102 . (B) (i) If more than one (1) person becomes an owner of the deposit account under subdivision (e)(2)(A) of this section, ownership of the deposit account shall be as joint tenants with right of survivorship. (ii) If a designated beneficiary does not survive or is not a person as defined in § 23-45-102 , the proceeds remaining on deposit in the deposit account belong to the estate of the last surviving account holder. (3) During the lifetime of the depositor, he or she may change the designation of the beneficiary who shall be the owner at his or her death by written direction in a form acceptable to the bank. (4) The State Bank Department shall promulgate rules that set out procedures a bank may take before transferring ownership of a deposit account, closing a deposit account, and distributing the proceeds to a person designated by the account documents as a beneficiary.

(1) (A) A deposit account may have a payable on death designation. (B) A payable on death deposit account is created if the depositor indicates on the account documents that: (i) The deposit account is payable to one (1) or more living account holders during the life of the account holders; and (ii) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the deposit account shall be paid to or held by another person or persons, as defined in § 23-45-102 .

(A) A deposit account may have a payable on death designation.

(B) A payable on death deposit account is created if the depositor indicates on the account documents that: (i) The deposit account is payable to one (1) or more living account holders during the life of the account holders; and (ii) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the deposit account shall be paid to or held by another person or persons, as defined in § 23-45-102 .

(i) The deposit account is payable to one (1) or more living account holders during the life of the account holders; and

(ii) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the deposit account shall be paid to or held by another person or persons, as defined in § 23-45-102 .

(2) (A) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the owner of the deposit account shall be the person or persons designated by the depositor as a beneficiary on the account documents and that beneficiary is a person, as defined in § 23-45-102 . (B) (i) If more than one (1) person becomes an owner of the deposit account under subdivision (e)(2)(A) of this section, ownership of the deposit account shall be as joint tenants with right of survivorship. (ii) If a designated beneficiary does not survive or is not a person as defined in § 23-45-102 , the proceeds remaining on deposit in the deposit account belong to the estate of the last surviving account holder.

(A) Upon the death of the person or persons to whom the deposit account is payable under subdivision (e)(1)(B)(i) of this section, the owner of the deposit account shall be the person or persons designated by the depositor as a beneficiary on the account documents and that beneficiary is a person, as defined in § 23-45-102 .

(B) (i) If more than one (1) person becomes an owner of the deposit account under subdivision (e)(2)(A) of this section, ownership of the deposit account shall be as joint tenants with right of survivorship. (ii) If a designated beneficiary does not survive or is not a person as defined in § 23-45-102 , the proceeds remaining on deposit in the deposit account belong to the estate of the last surviving account holder.

(i) If more than one (1) person becomes an owner of the deposit account under subdivision (e)(2)(A) of this section, ownership of the deposit account shall be as joint tenants with right of survivorship.

(ii) If a designated beneficiary does not survive or is not a person as defined in § 23-45-102 , the proceeds remaining on deposit in the deposit account belong to the estate of the last surviving account holder.

(3) During the lifetime of the depositor, he or she may change the designation of the beneficiary who shall be the owner at his or her death by written direction in a form acceptable to the bank.

(4) The State Bank Department shall promulgate rules that set out procedures a bank may take before transferring ownership of a deposit account, closing a deposit account, and distributing the proceeds to a person designated by the account documents as a beneficiary.

(f) (1) A "Totten" or tentative trust deposit account is created when the depositor indicates on the account document that he or she is the trustee for another person and there is no written trust agreement which affects the deposit account. (2) Upon the death of the person named as trustee, the other person shall be the owner of the deposit account and, if more than one (1) person shall be the owners of the deposit account, ownership shall be as joint tenants with right of survivorship. (3) During the lifetime of the person named as trustee, he or she may change the classification of the person he or she is trustee for by written direction in a form acceptable to the bank.

(1) A "Totten" or tentative trust deposit account is created when the depositor indicates on the account document that he or she is the trustee for another person and there is no written trust agreement which affects the deposit account.

(2) Upon the death of the person named as trustee, the other person shall be the owner of the deposit account and, if more than one (1) person shall be the owners of the deposit account, ownership shall be as joint tenants with right of survivorship.

(3) During the lifetime of the person named as trustee, he or she may change the classification of the person he or she is trustee for by written direction in a form acceptable to the bank.

(g) A bank shall also pay partial withdrawal requests, accept pledges of a deposit account, and otherwise deal with the deposit account in the same manner it pays the deposit account pursuant to the provisions of this section.

(h) (1) Any payment of a deposit account, acceptance of pledge of a deposit account, change in the form of a deposit account, or otherwise dealing with a deposit account by a bank in the manner provided by this section shall be a complete and valid release and discharge of the bank as to the amount paid or action taken. (2) No bank shall have any liability whatsoever for the way in which the ownership interest of a deposit account is designated when it is opened or in which a deposit account is amended if the deposit account is opened or amended as the depositor specified in the account document.

(1) Any payment of a deposit account, acceptance of pledge of a deposit account, change in the form of a deposit account, or otherwise dealing with a deposit account by a bank in the manner provided by this section shall be a complete and valid release and discharge of the bank as to the amount paid or action taken.

(2) No bank shall have any liability whatsoever for the way in which the ownership interest of a deposit account is designated when it is opened or in which a deposit account is amended if the deposit account is opened or amended as the depositor specified in the account document.

(i) No bank making any payment in accordance with the provisions of this section shall thereby be liable for any estate, inheritance, or succession taxes which may be due.

(j) The terms "written direction" and "written designation" shall not be construed to require that the depositor affix his or her signature to an instrument unless the bank requires the signature of the depositor to the instrument.

(k) This section applies to a deposit account established on or after June 1, 2015.

Amended by Act 2015, No. 586,§ 4, eff. 6/1/2015.

Amended by Act 2015, No. 586,§ 3, eff. 6/1/2015.

Amended by Act 2015, No. 586,§ 2, eff. 6/1/2015.

Amended by Act 2015, No. 586,§ 1, eff. 6/1/2015.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-51-175 — AR Code / Title 23 / Chapter 51 / Section 23-51-175
Trust business at a branch or trust office
Status: in_force

An out-of-state trust institution may act as a fiduciary in this state or engage in a trust business at an office in this state only if it maintains a trust office in this state as permitted by this chapter or a branch in this state. Acts 1997, No. 940, § 75.

An out-of-state trust institution may act as a fiduciary in this state or engage in a trust business at an office in this state only if it maintains a trust office in this state as permitted by this chapter or a branch in this state.

Acts 1997, No. 940, § 75.
Ark. Code Ann. § 23-85-131 — AR Code / Title 23 / Chapter 85 / Section 23-85-131
Age limit - Exception
Status: in_force

(a) If any policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after the date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased prior to the acceptance of the premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy. (b) (1) In any accident and health insurance contract that contains a provision whereby coverage of a dependent in a family group terminates at a specified age, there shall also be a provision that coverage of an unmarried dependent who is incapable of sustaining employment by reason of intellectual and developmental disability or physical disability, who became so incapacitated prior to the attainment of nineteen (19) years of age, and who is chiefly dependent upon the policyholder for support and maintenance shall not terminate, but coverage shall continue so long as the contract remains in force and so long as the dependent remains in such condition. (2) At the request and expense of the insurer, proof of the incapacity or dependency must be furnished to the insurer by the policyholder, except in no event shall this requirement preclude eligible dependents under this section and §§ 23-85-104 , 23-86-102 , and 23-86-108 , regardless of age. (3) If the incapacity or dependency is thereafter removed or terminated, the policyholder shall so notify the insurer. Amended by Act 2019, No. 1035,§ 51, eff. 7/24/2019. Acts 1959, No. 148, § 417; 1967, No. 418, § 2; 1969, No. 263, § 2; 1975, No. 404, § 1; 1975, No. 649, §§ 1, 8; 1983, No. 522, § 47; A.S.A. 1947, §§ 66-3632, 66-3632.1; Acts 1997, No. 208, § 26; 2001, No. 909, § 7.

(a) If any policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after the date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased prior to the acceptance of the premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.

(b) (1) In any accident and health insurance contract that contains a provision whereby coverage of a dependent in a family group terminates at a specified age, there shall also be a provision that coverage of an unmarried dependent who is incapable of sustaining employment by reason of intellectual and developmental disability or physical disability, who became so incapacitated prior to the attainment of nineteen (19) years of age, and who is chiefly dependent upon the policyholder for support and maintenance shall not terminate, but coverage shall continue so long as the contract remains in force and so long as the dependent remains in such condition. (2) At the request and expense of the insurer, proof of the incapacity or dependency must be furnished to the insurer by the policyholder, except in no event shall this requirement preclude eligible dependents under this section and §§ 23-85-104 , 23-86-102 , and 23-86-108 , regardless of age. (3) If the incapacity or dependency is thereafter removed or terminated, the policyholder shall so notify the insurer.

(1) In any accident and health insurance contract that contains a provision whereby coverage of a dependent in a family group terminates at a specified age, there shall also be a provision that coverage of an unmarried dependent who is incapable of sustaining employment by reason of intellectual and developmental disability or physical disability, who became so incapacitated prior to the attainment of nineteen (19) years of age, and who is chiefly dependent upon the policyholder for support and maintenance shall not terminate, but coverage shall continue so long as the contract remains in force and so long as the dependent remains in such condition.

(2) At the request and expense of the insurer, proof of the incapacity or dependency must be furnished to the insurer by the policyholder, except in no event shall this requirement preclude eligible dependents under this section and §§ 23-85-104 , 23-86-102 , and 23-86-108 , regardless of age.

(3) If the incapacity or dependency is thereafter removed or terminated, the policyholder shall so notify the insurer.

Amended by Act 2019, No. 1035,§ 51, eff. 7/24/2019.

Acts 1959, No. 148, § 417; 1967, No. 418, § 2; 1969, No. 263, § 2; 1975, No. 404, § 1; 1975, No. 649, §§ 1, 8; 1983, No. 522, § 47; A.S.A. 1947, §§ 66-3632, 66-3632.1; Acts 1997, No. 208, § 26; 2001, No. 909, § 7.
Ark. Code Ann. § 23-3-315 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-315
Jurisdiction over nonresidents - Service of process
Status: in_force

(a) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files or is required to file a notice or statement with the Arkansas Public Service Commission as required by § 23-3-306 and over all actions involving such persons, and over all other persons acting on behalf or at the discretion of that person, including, without limitation, national or regional stock exchanges or securities brokers, their agents, servants, employees, representatives, account executives, and similar persons, with respect to actions arising out of violations of this subchapter. (b) The commission shall be the agent for service of process for any such person, or other persons acting on behalf of that person, in any action, suit, or proceeding arising out of violations of this subchapter. Copies of all lawful process shall be served on the commission and transmitted by certified or registered mail, with return receipt requested, by the commission to any person subject to jurisdiction hereunder at his or her last known address. Acts 1985, No. 343, § 8; A.S.A. 1947, § 73-142.8.

(a) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files or is required to file a notice or statement with the Arkansas Public Service Commission as required by § 23-3-306 and over all actions involving such persons, and over all other persons acting on behalf or at the discretion of that person, including, without limitation, national or regional stock exchanges or securities brokers, their agents, servants, employees, representatives, account executives, and similar persons, with respect to actions arising out of violations of this subchapter.

(b) The commission shall be the agent for service of process for any such person, or other persons acting on behalf of that person, in any action, suit, or proceeding arising out of violations of this subchapter. Copies of all lawful process shall be served on the commission and transmitted by certified or registered mail, with return receipt requested, by the commission to any person subject to jurisdiction hereunder at his or her last known address.

Acts 1985, No. 343, § 8; A.S.A. 1947, § 73-142.8.
Ark. Code Ann. § 23-4-508 — AR Code / Title 23 / Chapter 4 / Subchapter 5 / Section 23-4-508
Application for rehearing no stay of order
Status: in_force

An application for rehearing pursuant to § 23-2-422 filed by a party aggrieved by an order of the Arkansas Public Service Commission entered pursuant to this subchapter shall not stay the effectiveness of the order of the commission. Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.

An application for rehearing pursuant to § 23-2-422 filed by a party aggrieved by an order of the Arkansas Public Service Commission entered pursuant to this subchapter shall not stay the effectiveness of the order of the commission.

Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Ark. Code Ann. § 23-79-147 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-147
Prescription medication - Definitions
Status: in_force

(a) As used in this section: (1) "Commissioner" means the Insurance Commissioner of the State Insurance Department; (2) "Insurance policy" means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state, or which provides such insurance for residents of this state by an insurance company, hospital medical corporation, or health maintenance organization; (3) "Medical literature" means articles from major peer-reviewed medical journals specified by the United States Department of Health and Human Services pursuant to section 1861(t)(2)(B) of the Social Security Act, 107 Stat. 591 (1993), 42 U.S.C. § 1395x(t)(2)(B) , as amended; and (4) "Metastatic cancer" means cancer that has spread from a primary or original site of the cancer to surrounding or nearby tissues, lymph nodes, or other parts of the body. (b) An insurance policy that provides coverage for prescription drugs shall not limit or exclude coverage for any drug approved by the United States Food and Drug Administration for use in the treatment of cancer on the basis that the drug has not been approved by the United States Food and Drug Administration for the treatment of the specific type of cancer for which the drug has been prescribed if: (1) The drug has been recognized as safe and effective for treatment of that specific type of cancer in any of the following standard reference compendia, unless the use is identified as not indicated in one (1) or more of these standard reference compendia: (A) (i) The American Hospital Formulary Service Drug Information; (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium; (iii) The Elsevier Gold Standard's Clinical Pharmacology; or (B) The drug has been recognized as safe and effective for treatment of that specific type of cancer in two (2) articles from medical literature that have not had their recognition of the drug's safety and effectiveness contradicted by clear and convincing evidence presented in another article from medical literature; or (2) Other authoritative compendia as identified by the Secretary of the United States Department of Health and Human Services or the commissioner may be used to provide coverage by an insurer at the insurer's discretion. (c) Coverage of a drug required by subsection (b) of this section includes medically necessary services associated with the administration of the drug, provided that such services are covered by the insurance policy. (d) Except as provided in subsection (e) of this section, subsection (b) of this section shall not be construed to do any of the following: (1) Require coverage for any drug if the United States Food and Drug Administration has determined its use to be contraindicated for the treatment of the specific type of cancer for which the drug has been prescribed; (2) Alter any law with regard to provisions limiting the coverage of drugs that have not been approved by the United States Food and Drug Administration; or (3) Create, impair, alter, limit, modify, enlarge, abrogate, or prohibit reimbursement for drugs used in the treatment of any other disease or condition. (e) An insurance policy that provides coverage for the treatment of metastatic cancer shall not limit or exclude coverage under the health benefit plan for a drug approved by the United States Food and Drug Administration that is on the prescription drug formulary of the insurance policy by mandating that a covered person with metastatic cancer undergo step therapy unless the preferred drug is consistent with best practices that: (1) Are used for the treatment of metastatic cancer or associated conditions under: (A) The United States Food and Drug Administration-approved indication; or (B) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or (2) Use evidence-based, peer-reviewed, recognized medical literature. Amended by Act 2019, No. 699,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 699,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 699,§ 1, eff. 7/24/2019. Acts 1995, No. 1231, §§ 1, 2; 1999, No. 466, § 1; 2009, No. 270, § 1.

(a) As used in this section: (1) "Commissioner" means the Insurance Commissioner of the State Insurance Department; (2) "Insurance policy" means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state, or which provides such insurance for residents of this state by an insurance company, hospital medical corporation, or health maintenance organization; (3) "Medical literature" means articles from major peer-reviewed medical journals specified by the United States Department of Health and Human Services pursuant to section 1861(t)(2)(B) of the Social Security Act, 107 Stat. 591 (1993), 42 U.S.C. § 1395x(t)(2)(B) , as amended; and (4) "Metastatic cancer" means cancer that has spread from a primary or original site of the cancer to surrounding or nearby tissues, lymph nodes, or other parts of the body.

(1) "Commissioner" means the Insurance Commissioner of the State Insurance Department;

(2) "Insurance policy" means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state, or which provides such insurance for residents of this state by an insurance company, hospital medical corporation, or health maintenance organization;

(3) "Medical literature" means articles from major peer-reviewed medical journals specified by the United States Department of Health and Human Services pursuant to section 1861(t)(2)(B) of the Social Security Act, 107 Stat. 591 (1993), 42 U.S.C. § 1395x(t)(2)(B) , as amended; and

(4) "Metastatic cancer" means cancer that has spread from a primary or original site of the cancer to surrounding or nearby tissues, lymph nodes, or other parts of the body.

(b) An insurance policy that provides coverage for prescription drugs shall not limit or exclude coverage for any drug approved by the United States Food and Drug Administration for use in the treatment of cancer on the basis that the drug has not been approved by the United States Food and Drug Administration for the treatment of the specific type of cancer for which the drug has been prescribed if: (1) The drug has been recognized as safe and effective for treatment of that specific type of cancer in any of the following standard reference compendia, unless the use is identified as not indicated in one (1) or more of these standard reference compendia: (A) (i) The American Hospital Formulary Service Drug Information; (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium; (iii) The Elsevier Gold Standard's Clinical Pharmacology; or (B) The drug has been recognized as safe and effective for treatment of that specific type of cancer in two (2) articles from medical literature that have not had their recognition of the drug's safety and effectiveness contradicted by clear and convincing evidence presented in another article from medical literature; or (2) Other authoritative compendia as identified by the Secretary of the United States Department of Health and Human Services or the commissioner may be used to provide coverage by an insurer at the insurer's discretion.

(1) The drug has been recognized as safe and effective for treatment of that specific type of cancer in any of the following standard reference compendia, unless the use is identified as not indicated in one (1) or more of these standard reference compendia: (A) (i) The American Hospital Formulary Service Drug Information; (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium; (iii) The Elsevier Gold Standard's Clinical Pharmacology; or (B) The drug has been recognized as safe and effective for treatment of that specific type of cancer in two (2) articles from medical literature that have not had their recognition of the drug's safety and effectiveness contradicted by clear and convincing evidence presented in another article from medical literature; or

(A) (i) The American Hospital Formulary Service Drug Information; (ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium; (iii) The Elsevier Gold Standard's Clinical Pharmacology; or

(i) The American Hospital Formulary Service Drug Information;

(ii) The National Comprehensive Cancer Network Drugs and Biologics Compendium;

(iii) The Elsevier Gold Standard's Clinical Pharmacology; or

(B) The drug has been recognized as safe and effective for treatment of that specific type of cancer in two (2) articles from medical literature that have not had their recognition of the drug's safety and effectiveness contradicted by clear and convincing evidence presented in another article from medical literature; or

(2) Other authoritative compendia as identified by the Secretary of the United States Department of Health and Human Services or the commissioner may be used to provide coverage by an insurer at the insurer's discretion.

(c) Coverage of a drug required by subsection (b) of this section includes medically necessary services associated with the administration of the drug, provided that such services are covered by the insurance policy.

(d) Except as provided in subsection (e) of this section, subsection (b) of this section shall not be construed to do any of the following: (1) Require coverage for any drug if the United States Food and Drug Administration has determined its use to be contraindicated for the treatment of the specific type of cancer for which the drug has been prescribed; (2) Alter any law with regard to provisions limiting the coverage of drugs that have not been approved by the United States Food and Drug Administration; or (3) Create, impair, alter, limit, modify, enlarge, abrogate, or prohibit reimbursement for drugs used in the treatment of any other disease or condition.

(1) Require coverage for any drug if the United States Food and Drug Administration has determined its use to be contraindicated for the treatment of the specific type of cancer for which the drug has been prescribed;

(2) Alter any law with regard to provisions limiting the coverage of drugs that have not been approved by the United States Food and Drug Administration; or

(3) Create, impair, alter, limit, modify, enlarge, abrogate, or prohibit reimbursement for drugs used in the treatment of any other disease or condition.

(e) An insurance policy that provides coverage for the treatment of metastatic cancer shall not limit or exclude coverage under the health benefit plan for a drug approved by the United States Food and Drug Administration that is on the prescription drug formulary of the insurance policy by mandating that a covered person with metastatic cancer undergo step therapy unless the preferred drug is consistent with best practices that: (1) Are used for the treatment of metastatic cancer or associated conditions under: (A) The United States Food and Drug Administration-approved indication; or (B) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or (2) Use evidence-based, peer-reviewed, recognized medical literature.

(1) Are used for the treatment of metastatic cancer or associated conditions under: (A) The United States Food and Drug Administration-approved indication; or (B) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or

(A) The United States Food and Drug Administration-approved indication; or

(B) The National Comprehensive Cancer Network Drugs and Biologics Compendium indication; or

(2) Use evidence-based, peer-reviewed, recognized medical literature.

Amended by Act 2019, No. 699,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 699,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 699,§ 1, eff. 7/24/2019.

Acts 1995, No. 1231, §§ 1, 2; 1999, No. 466, § 1; 2009, No. 270, § 1.
Ark. Code Ann. § 23-13-715 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-715
Street hails prohibited
Status: in_force

A transportation network company driver shall not solicit or accept a passenger who hails the transportation network company driver from the street. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

A transportation network company driver shall not solicit or accept a passenger who hails the transportation network company driver from the street.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-112-406 — AR Code / Title 23 / Chapter 112 / Subchapter 4 / Section 23-112-406
Acting as broker
Status: in_force

(a) Notwithstanding any other statute, a person may not act as, offer to act as, or hold himself or herself out to be a broker of new motor vehicles. (b) (1) To effectuate this chapter, "arranges or offers to arrange a transaction" means soliciting or referring buyers for new motor vehicles for a fee, commission, or other valuable consideration. (2) "Arranges or offers to arrange a transaction" does not include advertising so long as the person's business primarily includes the business of broadcasting, printing, publishing, or advertising for others in their own names. (c) Brokering New Motor Vehicles. (1) A buyer referral service, program, plan, club, or any other entity that accepts fees for arranging a transaction involving the sale of a new motor vehicle is a broker. The payment of a fee to such an entity is aiding and abetting brokering. However, any service, plan, program, club, or other entity that forwards referrals to dealerships may lawfully operate if the following conditions are met: (A) There are no exclusive market areas offered to dealers by the program and all dealers are allowed to participate on equal terms; (B) (i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location. (ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise; (C) All participants pay the same fee for participation in the program and that shall be a weekly, monthly, or annual fee, regardless of the size, location, or line make of the dealership; (D) A person is not to be charged a fee on a per-referral basis or any other basis that could be considered a transaction-related fee; (E) The program does not set or suggest to the dealer or customer any price of vehicles or trade-ins; and (F) The program does not advertise or promote its plan in the manner that implies that the buyer, as a customer of that program, receives a special discounted price that cannot be obtained unless the customer is referred through that program. (2) All programs must comply with Regulation 1 of the Rules of the Arkansas Motor Vehicle Commission. (d) The provisions of this section do not apply to any person or entity which is exempt from this chapter. Acts 1975, No. 388, § 10; 1985, No. 1032, § 6; 1985, No. 1058, § 6; A.S.A. 1947, § 75-2310; Acts 2001, No. 1053, § 17; 2009, No. 756, § 17.

(a) Notwithstanding any other statute, a person may not act as, offer to act as, or hold himself or herself out to be a broker of new motor vehicles.

(b) (1) To effectuate this chapter, "arranges or offers to arrange a transaction" means soliciting or referring buyers for new motor vehicles for a fee, commission, or other valuable consideration. (2) "Arranges or offers to arrange a transaction" does not include advertising so long as the person's business primarily includes the business of broadcasting, printing, publishing, or advertising for others in their own names.

(1) To effectuate this chapter, "arranges or offers to arrange a transaction" means soliciting or referring buyers for new motor vehicles for a fee, commission, or other valuable consideration.

(2) "Arranges or offers to arrange a transaction" does not include advertising so long as the person's business primarily includes the business of broadcasting, printing, publishing, or advertising for others in their own names.

(c) Brokering New Motor Vehicles. (1) A buyer referral service, program, plan, club, or any other entity that accepts fees for arranging a transaction involving the sale of a new motor vehicle is a broker. The payment of a fee to such an entity is aiding and abetting brokering. However, any service, plan, program, club, or other entity that forwards referrals to dealerships may lawfully operate if the following conditions are met: (A) There are no exclusive market areas offered to dealers by the program and all dealers are allowed to participate on equal terms; (B) (i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location. (ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise; (C) All participants pay the same fee for participation in the program and that shall be a weekly, monthly, or annual fee, regardless of the size, location, or line make of the dealership; (D) A person is not to be charged a fee on a per-referral basis or any other basis that could be considered a transaction-related fee; (E) The program does not set or suggest to the dealer or customer any price of vehicles or trade-ins; and (F) The program does not advertise or promote its plan in the manner that implies that the buyer, as a customer of that program, receives a special discounted price that cannot be obtained unless the customer is referred through that program. (2) All programs must comply with Regulation 1 of the Rules of the Arkansas Motor Vehicle Commission.

(1) A buyer referral service, program, plan, club, or any other entity that accepts fees for arranging a transaction involving the sale of a new motor vehicle is a broker. The payment of a fee to such an entity is aiding and abetting brokering. However, any service, plan, program, club, or other entity that forwards referrals to dealerships may lawfully operate if the following conditions are met: (A) There are no exclusive market areas offered to dealers by the program and all dealers are allowed to participate on equal terms; (B) (i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location. (ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise; (C) All participants pay the same fee for participation in the program and that shall be a weekly, monthly, or annual fee, regardless of the size, location, or line make of the dealership; (D) A person is not to be charged a fee on a per-referral basis or any other basis that could be considered a transaction-related fee; (E) The program does not set or suggest to the dealer or customer any price of vehicles or trade-ins; and (F) The program does not advertise or promote its plan in the manner that implies that the buyer, as a customer of that program, receives a special discounted price that cannot be obtained unless the customer is referred through that program.

(A) There are no exclusive market areas offered to dealers by the program and all dealers are allowed to participate on equal terms;

(B) (i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location. (ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise;

(i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location.

(ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise;

(C) All participants pay the same fee for participation in the program and that shall be a weekly, monthly, or annual fee, regardless of the size, location, or line make of the dealership;

(D) A person is not to be charged a fee on a per-referral basis or any other basis that could be considered a transaction-related fee;

(E) The program does not set or suggest to the dealer or customer any price of vehicles or trade-ins; and

(F) The program does not advertise or promote its plan in the manner that implies that the buyer, as a customer of that program, receives a special discounted price that cannot be obtained unless the customer is referred through that program.

(2) All programs must comply with Regulation 1 of the Rules of the Arkansas Motor Vehicle Commission.

(d) The provisions of this section do not apply to any person or entity which is exempt from this chapter.

Acts 1975, No. 388, § 10; 1985, No. 1032, § 6; 1985, No. 1058, § 6; A.S.A. 1947, § 75-2310; Acts 2001, No. 1053, § 17; 2009, No. 756, § 17.
Ark. Code Ann. § 23-66-306 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-306
Misrepresentation of other policies
Status: in_force

(a) No person shall make or issue, or cause to be made or issued, any written or oral statements misrepresenting or making incomplete comparisons regarding the terms or conditions or benefits contained in any policy or contract of insurance for the purpose of inducing or attempting to induce the owner of the policy or contract of insurance to forfeit or surrender the policy or contract or to allow it to lapse for the purpose of replacing the policy or contract with another. (b) (1) No person shall misrepresent the benefits, advantages, conditions, or terms of a Medicare supplement insurance policy, certificate, or contract of insurance, nor make or issue or cause to be made or issued, any written or oral statement misrepresenting the terms or conditions or benefits contained in any Medicare supplement policy, certificate, or contract of insurance for the purpose of inducing or attempting to induce any individual to purchase coverage under the Medicare supplement policy, certificate, or contract of insurance. (2) No person shall make or issue, or cause to be made or issued, any written or oral statements misrepresenting or making incomplete comparisons regarding the terms or conditions or benefits contained in any Medicare supplement insurance policy or certificate or contract of insurance for the purpose of inducing or attempting to induce the insured of the policy or certificate or contract of insurance to forfeit or surrender the policy or certificate or contract or to allow it to lapse for the purpose of replacing the policy or certificate or contract with another. (3) Any person who violates this subsection shall upon conviction be guilty of a Class D felony and shall be punished by a fine of not more than ten thousand dollars ($10,000) or imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment. Acts 1959, No. 148, § 223; A.S.A. 1947, § 66-3016; Acts 1987, No. 205, § 1.

(a) No person shall make or issue, or cause to be made or issued, any written or oral statements misrepresenting or making incomplete comparisons regarding the terms or conditions or benefits contained in any policy or contract of insurance for the purpose of inducing or attempting to induce the owner of the policy or contract of insurance to forfeit or surrender the policy or contract or to allow it to lapse for the purpose of replacing the policy or contract with another.

(b) (1) No person shall misrepresent the benefits, advantages, conditions, or terms of a Medicare supplement insurance policy, certificate, or contract of insurance, nor make or issue or cause to be made or issued, any written or oral statement misrepresenting the terms or conditions or benefits contained in any Medicare supplement policy, certificate, or contract of insurance for the purpose of inducing or attempting to induce any individual to purchase coverage under the Medicare supplement policy, certificate, or contract of insurance. (2) No person shall make or issue, or cause to be made or issued, any written or oral statements misrepresenting or making incomplete comparisons regarding the terms or conditions or benefits contained in any Medicare supplement insurance policy or certificate or contract of insurance for the purpose of inducing or attempting to induce the insured of the policy or certificate or contract of insurance to forfeit or surrender the policy or certificate or contract or to allow it to lapse for the purpose of replacing the policy or certificate or contract with another. (3) Any person who violates this subsection shall upon conviction be guilty of a Class D felony and shall be punished by a fine of not more than ten thousand dollars ($10,000) or imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment.

(1) No person shall misrepresent the benefits, advantages, conditions, or terms of a Medicare supplement insurance policy, certificate, or contract of insurance, nor make or issue or cause to be made or issued, any written or oral statement misrepresenting the terms or conditions or benefits contained in any Medicare supplement policy, certificate, or contract of insurance for the purpose of inducing or attempting to induce any individual to purchase coverage under the Medicare supplement policy, certificate, or contract of insurance.

(2) No person shall make or issue, or cause to be made or issued, any written or oral statements misrepresenting or making incomplete comparisons regarding the terms or conditions or benefits contained in any Medicare supplement insurance policy or certificate or contract of insurance for the purpose of inducing or attempting to induce the insured of the policy or certificate or contract of insurance to forfeit or surrender the policy or certificate or contract or to allow it to lapse for the purpose of replacing the policy or certificate or contract with another.

(3) Any person who violates this subsection shall upon conviction be guilty of a Class D felony and shall be punished by a fine of not more than ten thousand dollars ($10,000) or imprisonment in the state penitentiary for not more than six (6) years, or by both fine and imprisonment.

Acts 1959, No. 148, § 223; A.S.A. 1947, § 66-3016; Acts 1987, No. 205, § 1.
Ark. Code Ann. § 23-77-106 — AR Code / Title 23 / Chapter 77 / Section 23-77-106
Certificate of authority required - Application and issuance
Status: in_force

(a) Every automobile club or association desiring to commence operations within the state shall file, prior to the commencement of operations, applications with and receive a certificate of authority from the Insurance Commissioner. (b) (1) No foreign or alien automobile club or association shall be authorized to operate in Arkansas that has not furnished the commissioner with evidence that it has been organized and actively engaged in the automobile club or association business in the state of its incorporation for a period of three (3) years prior to the date of its application to be admitted and authorized to do business in the State of Arkansas. (2) However, this subsection shall not apply to a foreign or alien automobile club or association that is: (A) The wholly owned subsidiary of an automobile club or association or an insurance company admitted and authorized to do business in the State of Arkansas; or (B) The continuing corporation resulting from a merger or consolidation of automobile clubs or associations or insurance companies, at least one (1) of which is in good standing in its state or country of domicile and has been organized and actively engaged in the automobile club or association business in the state or country of domicile for at least three (3) years prior to the date of the application of that corporation to be admitted and authorized to do business in the State of Arkansas. (3) The commissioner may accept evidence of the applicant's good standing and operation for three (3) years under licensure in its state or country of domicile or under licensure in another state or port-of-entry state, so long as the laws of that jurisdiction regulating automobile clubs or associations are substantially similar to the laws of this state, with forms and certifications as are specified. (c) An automobile club or association must pay to the commissioner one hundred dollars ($100) as an annual license fee. The license fee shall be paid to the commissioner on or before April 1 of each year. (d) (1) The following documents and information shall be filed with the application of all automobile clubs or associations: (A) Certification that upon full licensure it shall deposit the sum of twenty thousand dollars ($20,000) in cash or securities as approved by the commissioner and having at all times a market value of not less than twenty thousand dollars ($20,000); (B) On or after January 1, 2003, appointment of an agent, including the agent's name and address, for service of process who shall be a resident of the State of Arkansas and who shall be registered with the commissioner pursuant to the provisions of §§ 23-63-301 - 23-63-304 . In the event no registered agent has been listed, the commissioner may be served until the appointment of an Arkansas-registered agent for service of process has been entered upon the records of the commissioner; (C) A copy of the proposed form of membership application, membership certificate, articles of incorporation or organization or partnership agreement, bylaws, contracts for service, advertising material, and any other data requested by the commissioner; (D) References as to the character, ability, and integrity of the organizers, manager, agent, and any other person through whom the applicant proposes to issue contracts, membership certificates, membership cards, or other documents in return for membership fees or dues; and (E) (i) A full and true statement of its financial condition, transactions, and affairs as of the December 31 next preceding the date of the application. The statement shall be on a calendar-year basis. The statement shall be verified by oath of two (2) officers or directors of the automobile club or association, one (1) of whom shall be its president, vice president, or secretary. (ii) Financial statements that are consolidated with other affiliates or subsidiaries of the applicant are not acceptable, except for good cause and subsequent approval by the commissioner. (iii) Beginning after December 31, 2002, each applicant shall file an audited financial statement for three (3) calendar years prior to the date of its application in this state. (2) If the commissioner is satisfied that the applicant is qualified and meets all the requirements of this chapter, he or she shall issue to the applicant a certificate of authority to conduct the business of the automobile club or association within this state. Acts 1955, No. 377, § 5; 1981, No. 821, § 3; 1983, No. 522, § 44; 1985, No. 804, § 2; A.S.A. 1947, § 75-1605; Acts 2001, No. 1555, § 12; 2001, No. 1604, § 77.

(a) Every automobile club or association desiring to commence operations within the state shall file, prior to the commencement of operations, applications with and receive a certificate of authority from the Insurance Commissioner.

(b) (1) No foreign or alien automobile club or association shall be authorized to operate in Arkansas that has not furnished the commissioner with evidence that it has been organized and actively engaged in the automobile club or association business in the state of its incorporation for a period of three (3) years prior to the date of its application to be admitted and authorized to do business in the State of Arkansas. (2) However, this subsection shall not apply to a foreign or alien automobile club or association that is: (A) The wholly owned subsidiary of an automobile club or association or an insurance company admitted and authorized to do business in the State of Arkansas; or (B) The continuing corporation resulting from a merger or consolidation of automobile clubs or associations or insurance companies, at least one (1) of which is in good standing in its state or country of domicile and has been organized and actively engaged in the automobile club or association business in the state or country of domicile for at least three (3) years prior to the date of the application of that corporation to be admitted and authorized to do business in the State of Arkansas. (3) The commissioner may accept evidence of the applicant's good standing and operation for three (3) years under licensure in its state or country of domicile or under licensure in another state or port-of-entry state, so long as the laws of that jurisdiction regulating automobile clubs or associations are substantially similar to the laws of this state, with forms and certifications as are specified.

(1) No foreign or alien automobile club or association shall be authorized to operate in Arkansas that has not furnished the commissioner with evidence that it has been organized and actively engaged in the automobile club or association business in the state of its incorporation for a period of three (3) years prior to the date of its application to be admitted and authorized to do business in the State of Arkansas.

(2) However, this subsection shall not apply to a foreign or alien automobile club or association that is: (A) The wholly owned subsidiary of an automobile club or association or an insurance company admitted and authorized to do business in the State of Arkansas; or (B) The continuing corporation resulting from a merger or consolidation of automobile clubs or associations or insurance companies, at least one (1) of which is in good standing in its state or country of domicile and has been organized and actively engaged in the automobile club or association business in the state or country of domicile for at least three (3) years prior to the date of the application of that corporation to be admitted and authorized to do business in the State of Arkansas.

(A) The wholly owned subsidiary of an automobile club or association or an insurance company admitted and authorized to do business in the State of Arkansas; or

(B) The continuing corporation resulting from a merger or consolidation of automobile clubs or associations or insurance companies, at least one (1) of which is in good standing in its state or country of domicile and has been organized and actively engaged in the automobile club or association business in the state or country of domicile for at least three (3) years prior to the date of the application of that corporation to be admitted and authorized to do business in the State of Arkansas.

(3) The commissioner may accept evidence of the applicant's good standing and operation for three (3) years under licensure in its state or country of domicile or under licensure in another state or port-of-entry state, so long as the laws of that jurisdiction regulating automobile clubs or associations are substantially similar to the laws of this state, with forms and certifications as are specified.

(c) An automobile club or association must pay to the commissioner one hundred dollars ($100) as an annual license fee. The license fee shall be paid to the commissioner on or before April 1 of each year.

(d) (1) The following documents and information shall be filed with the application of all automobile clubs or associations: (A) Certification that upon full licensure it shall deposit the sum of twenty thousand dollars ($20,000) in cash or securities as approved by the commissioner and having at all times a market value of not less than twenty thousand dollars ($20,000); (B) On or after January 1, 2003, appointment of an agent, including the agent's name and address, for service of process who shall be a resident of the State of Arkansas and who shall be registered with the commissioner pursuant to the provisions of §§ 23-63-301 - 23-63-304 . In the event no registered agent has been listed, the commissioner may be served until the appointment of an Arkansas-registered agent for service of process has been entered upon the records of the commissioner; (C) A copy of the proposed form of membership application, membership certificate, articles of incorporation or organization or partnership agreement, bylaws, contracts for service, advertising material, and any other data requested by the commissioner; (D) References as to the character, ability, and integrity of the organizers, manager, agent, and any other person through whom the applicant proposes to issue contracts, membership certificates, membership cards, or other documents in return for membership fees or dues; and (E) (i) A full and true statement of its financial condition, transactions, and affairs as of the December 31 next preceding the date of the application. The statement shall be on a calendar-year basis. The statement shall be verified by oath of two (2) officers or directors of the automobile club or association, one (1) of whom shall be its president, vice president, or secretary. (ii) Financial statements that are consolidated with other affiliates or subsidiaries of the applicant are not acceptable, except for good cause and subsequent approval by the commissioner. (iii) Beginning after December 31, 2002, each applicant shall file an audited financial statement for three (3) calendar years prior to the date of its application in this state. (2) If the commissioner is satisfied that the applicant is qualified and meets all the requirements of this chapter, he or she shall issue to the applicant a certificate of authority to conduct the business of the automobile club or association within this state.

(1) The following documents and information shall be filed with the application of all automobile clubs or associations: (A) Certification that upon full licensure it shall deposit the sum of twenty thousand dollars ($20,000) in cash or securities as approved by the commissioner and having at all times a market value of not less than twenty thousand dollars ($20,000); (B) On or after January 1, 2003, appointment of an agent, including the agent's name and address, for service of process who shall be a resident of the State of Arkansas and who shall be registered with the commissioner pursuant to the provisions of §§ 23-63-301 - 23-63-304 . In the event no registered agent has been listed, the commissioner may be served until the appointment of an Arkansas-registered agent for service of process has been entered upon the records of the commissioner; (C) A copy of the proposed form of membership application, membership certificate, articles of incorporation or organization or partnership agreement, bylaws, contracts for service, advertising material, and any other data requested by the commissioner; (D) References as to the character, ability, and integrity of the organizers, manager, agent, and any other person through whom the applicant proposes to issue contracts, membership certificates, membership cards, or other documents in return for membership fees or dues; and (E) (i) A full and true statement of its financial condition, transactions, and affairs as of the December 31 next preceding the date of the application. The statement shall be on a calendar-year basis. The statement shall be verified by oath of two (2) officers or directors of the automobile club or association, one (1) of whom shall be its president, vice president, or secretary. (ii) Financial statements that are consolidated with other affiliates or subsidiaries of the applicant are not acceptable, except for good cause and subsequent approval by the commissioner. (iii) Beginning after December 31, 2002, each applicant shall file an audited financial statement for three (3) calendar years prior to the date of its application in this state.

(A) Certification that upon full licensure it shall deposit the sum of twenty thousand dollars ($20,000) in cash or securities as approved by the commissioner and having at all times a market value of not less than twenty thousand dollars ($20,000);

(B) On or after January 1, 2003, appointment of an agent, including the agent's name and address, for service of process who shall be a resident of the State of Arkansas and who shall be registered with the commissioner pursuant to the provisions of §§ 23-63-301 - 23-63-304 . In the event no registered agent has been listed, the commissioner may be served until the appointment of an Arkansas-registered agent for service of process has been entered upon the records of the commissioner;

(C) A copy of the proposed form of membership application, membership certificate, articles of incorporation or organization or partnership agreement, bylaws, contracts for service, advertising material, and any other data requested by the commissioner;

(D) References as to the character, ability, and integrity of the organizers, manager, agent, and any other person through whom the applicant proposes to issue contracts, membership certificates, membership cards, or other documents in return for membership fees or dues; and

(E) (i) A full and true statement of its financial condition, transactions, and affairs as of the December 31 next preceding the date of the application. The statement shall be on a calendar-year basis. The statement shall be verified by oath of two (2) officers or directors of the automobile club or association, one (1) of whom shall be its president, vice president, or secretary. (ii) Financial statements that are consolidated with other affiliates or subsidiaries of the applicant are not acceptable, except for good cause and subsequent approval by the commissioner. (iii) Beginning after December 31, 2002, each applicant shall file an audited financial statement for three (3) calendar years prior to the date of its application in this state.

(i) A full and true statement of its financial condition, transactions, and affairs as of the December 31 next preceding the date of the application. The statement shall be on a calendar-year basis. The statement shall be verified by oath of two (2) officers or directors of the automobile club or association, one (1) of whom shall be its president, vice president, or secretary.

(ii) Financial statements that are consolidated with other affiliates or subsidiaries of the applicant are not acceptable, except for good cause and subsequent approval by the commissioner.

(iii) Beginning after December 31, 2002, each applicant shall file an audited financial statement for three (3) calendar years prior to the date of its application in this state.

(2) If the commissioner is satisfied that the applicant is qualified and meets all the requirements of this chapter, he or she shall issue to the applicant a certificate of authority to conduct the business of the automobile club or association within this state.

Acts 1955, No. 377, § 5; 1981, No. 821, § 3; 1983, No. 522, § 44; 1985, No. 804, § 2; A.S.A. 1947, § 75-1605; Acts 2001, No. 1555, § 12; 2001, No. 1604, § 77.
Ark. Code Ann. § 23-99-1503 — AR Code / Title 23 / Chapter 99 / Subchapter 15 / Section 23-99-1503
Determination of best interest for enrollee - Billing decision
Status: in_force

(a) A healthcare provider that provides healthcare services and prescribes prescription medication to an enrollee may make a determination that it is in the best interest of the enrollee to bill the enrollee's: (1) Healthcare payor; or (2) Pharmacy benefits carrier. (b) Every health benefit plan that is issued, renewed, delivered, or extended in this state and every group health benefit plan that is issued, renewed, delivered, or extended outside this state, for an enrollee who is a resident of this state that provides coverage for prescription medication shall allow a healthcare provider to make any appropriate billing decisions concerning healthcare services and administering of prescription medication that is in the best interest of the enrollee. (c) A healthcare payor shall not require an enrollee to self-administer prescription medication if a healthcare provider determines it is in the best interest of the enrollee for a prescription medication to be administered by a healthcare provider regardless of the formulation or benefit category determination by the health benefit plan. (d) (1) If a determination is made by a healthcare provider that it is in the enrollee's best interest for the healthcare provider to administer any prescription medication that is ordinarily covered by the healthcare payor regardless of the benefit category determination by the health benefit plan, then a healthcare payor shall reimburse for the cost and administration of the prescription medication through the medical benefit or pharmacy benefit based on the decision of the healthcare provider in consultation with the enrollee. (2) The healthcare payor shall not impose financial penalties, copayments, coinsurance, or deductibles beyond the ordinary terms required through the enrollee's medical benefit or pharmacy benefit. (3) This subsection does not apply to: (A) A risk-based provider organization as established under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq.; or (B) An individual qualified health insurance plan under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq. (e) This section applies to an enrollee who is being evaluated or treated for: (1) A hematology diagnosis; (2) An oncology diagnosis; or (3) Additional disease states or diagnoses that the Insurance Commissioner may include through the promulgation of rules. (f) This section shall not: (1) Interfere with the ability of a healthcare payor to create, modify, or maintain a prescription medication formulary; or (2) Apply to a solid oral dosages form of a prescription medication unless the medication: (A) Is an oral anticancer prescription medication; (B) An oral antiemetic prescription medication that is given with chemotherapy treatment; or (C) Possesses a safety label from the United States Food and Drug Administration that indicates the relevant drug interactions, warnings and precautions, or adverse reactions of the prescription medication that are clinically applicable to the enrollee and determined by a healthcare provider to require supervision during administration of the prescription medication. Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.

(a) A healthcare provider that provides healthcare services and prescribes prescription medication to an enrollee may make a determination that it is in the best interest of the enrollee to bill the enrollee's: (1) Healthcare payor; or (2) Pharmacy benefits carrier.

(1) Healthcare payor; or

(2) Pharmacy benefits carrier.

(b) Every health benefit plan that is issued, renewed, delivered, or extended in this state and every group health benefit plan that is issued, renewed, delivered, or extended outside this state, for an enrollee who is a resident of this state that provides coverage for prescription medication shall allow a healthcare provider to make any appropriate billing decisions concerning healthcare services and administering of prescription medication that is in the best interest of the enrollee.

(c) A healthcare payor shall not require an enrollee to self-administer prescription medication if a healthcare provider determines it is in the best interest of the enrollee for a prescription medication to be administered by a healthcare provider regardless of the formulation or benefit category determination by the health benefit plan.

(d) (1) If a determination is made by a healthcare provider that it is in the enrollee's best interest for the healthcare provider to administer any prescription medication that is ordinarily covered by the healthcare payor regardless of the benefit category determination by the health benefit plan, then a healthcare payor shall reimburse for the cost and administration of the prescription medication through the medical benefit or pharmacy benefit based on the decision of the healthcare provider in consultation with the enrollee. (2) The healthcare payor shall not impose financial penalties, copayments, coinsurance, or deductibles beyond the ordinary terms required through the enrollee's medical benefit or pharmacy benefit. (3) This subsection does not apply to: (A) A risk-based provider organization as established under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq.; or (B) An individual qualified health insurance plan under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.

(1) If a determination is made by a healthcare provider that it is in the enrollee's best interest for the healthcare provider to administer any prescription medication that is ordinarily covered by the healthcare payor regardless of the benefit category determination by the health benefit plan, then a healthcare payor shall reimburse for the cost and administration of the prescription medication through the medical benefit or pharmacy benefit based on the decision of the healthcare provider in consultation with the enrollee.

(2) The healthcare payor shall not impose financial penalties, copayments, coinsurance, or deductibles beyond the ordinary terms required through the enrollee's medical benefit or pharmacy benefit.

(3) This subsection does not apply to: (A) A risk-based provider organization as established under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq.; or (B) An individual qualified health insurance plan under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.

(A) A risk-based provider organization as established under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq.; or

(B) An individual qualified health insurance plan under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.

(e) This section applies to an enrollee who is being evaluated or treated for: (1) A hematology diagnosis; (2) An oncology diagnosis; or (3) Additional disease states or diagnoses that the Insurance Commissioner may include through the promulgation of rules.

(1) A hematology diagnosis;

(2) An oncology diagnosis; or

(3) Additional disease states or diagnoses that the Insurance Commissioner may include through the promulgation of rules.

(f) This section shall not: (1) Interfere with the ability of a healthcare payor to create, modify, or maintain a prescription medication formulary; or (2) Apply to a solid oral dosages form of a prescription medication unless the medication: (A) Is an oral anticancer prescription medication; (B) An oral antiemetic prescription medication that is given with chemotherapy treatment; or (C) Possesses a safety label from the United States Food and Drug Administration that indicates the relevant drug interactions, warnings and precautions, or adverse reactions of the prescription medication that are clinically applicable to the enrollee and determined by a healthcare provider to require supervision during administration of the prescription medication.

(1) Interfere with the ability of a healthcare payor to create, modify, or maintain a prescription medication formulary; or

(2) Apply to a solid oral dosages form of a prescription medication unless the medication: (A) Is an oral anticancer prescription medication; (B) An oral antiemetic prescription medication that is given with chemotherapy treatment; or (C) Possesses a safety label from the United States Food and Drug Administration that indicates the relevant drug interactions, warnings and precautions, or adverse reactions of the prescription medication that are clinically applicable to the enrollee and determined by a healthcare provider to require supervision during administration of the prescription medication.

(A) Is an oral anticancer prescription medication;

(B) An oral antiemetic prescription medication that is given with chemotherapy treatment; or

(C) Possesses a safety label from the United States Food and Drug Administration that indicates the relevant drug interactions, warnings and precautions, or adverse reactions of the prescription medication that are clinically applicable to the enrollee and determined by a healthcare provider to require supervision during administration of the prescription medication.

Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-86-314 — AR Code / Title 23 / Chapter 86 / Subchapter 3 / Section 23-86-314
Exclusion of certain plans
Status: in_force

(a) Exception for Certain Small Group Health Plans. The requirements of § 23-86-304 , limitation on preexisting conditions, § 23-86-306 , prohibiting discrimination based on health status, § 23-86-311 , guaranteed renewability, § 23-86-312 , guaranteed availability, and § 23-86-313 , disclosure of information, of this subchapter shall not apply to any group health plan and health insurance coverage offered in connection with a group health plan for any group health plan year if, on the first day of the group health plan year, the group health plan has fewer than two (2) participants who are current employees. (b) Limitation on Application of Provisions Relating to Group Health Plans. (1) In General. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall apply with respect to group health plans only: (A) Subject to subdivision (b)(2) of this section, in the case of a group health plan that is a nonfederal governmental plan; and (B) With respect to health insurance coverage offered in connection with a group health plan including such a plan that is a church plan or a governmental plan. (2) Treatment of Nonfederal Governmental Plans. (A) Election to be Excluded. If the plan sponsor of a nonfederal governmental plan which is a group health plan to which the provisions of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 otherwise apply makes an election under this subdivision (b)(2)(A), then the requirements of those sections insofar as they apply directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for such a period except as provided in this subsection. (B) Period of Election. An election under subdivision (b)(2)(A) of this section shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (b)(2)(B)(i) of this section may be extended through subsequent elections under this subdivision (b)(2)(B). (C) Notice to Enrollees. Under such an election, the plan shall provide for: (i) Notice to enrollees on an annual basis and at the time of enrollment under the plan of the fact and consequences of such an election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees in accordance with § 23-86-304(e) . (c) Exception for Certain Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(a)(1) . (d) Exception for Certain Benefits if Certain Conditions Met. (1) Limited, Excepted Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(b) if the benefits: (A) Are provided under a separate policy, certificate, or contract of insurance; or (B) Are otherwise not an integral part of the group health plan. (2) Noncoordinated, Excepted Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(c) if all of the following conditions are met: (A) The benefits are provided under a separate policy, certificate, or contract of insurance; (B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and (C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor. (3) Supplemental Excepted Benefits. The requirements of this subsection shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(d) if the benefits are provided under a separate policy, certificate, or contract of insurance. Acts 1997, No. 997, § 1.

(a) Exception for Certain Small Group Health Plans. The requirements of § 23-86-304 , limitation on preexisting conditions, § 23-86-306 , prohibiting discrimination based on health status, § 23-86-311 , guaranteed renewability, § 23-86-312 , guaranteed availability, and § 23-86-313 , disclosure of information, of this subchapter shall not apply to any group health plan and health insurance coverage offered in connection with a group health plan for any group health plan year if, on the first day of the group health plan year, the group health plan has fewer than two (2) participants who are current employees.

(b) Limitation on Application of Provisions Relating to Group Health Plans. (1) In General. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall apply with respect to group health plans only: (A) Subject to subdivision (b)(2) of this section, in the case of a group health plan that is a nonfederal governmental plan; and (B) With respect to health insurance coverage offered in connection with a group health plan including such a plan that is a church plan or a governmental plan. (2) Treatment of Nonfederal Governmental Plans. (A) Election to be Excluded. If the plan sponsor of a nonfederal governmental plan which is a group health plan to which the provisions of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 otherwise apply makes an election under this subdivision (b)(2)(A), then the requirements of those sections insofar as they apply directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for such a period except as provided in this subsection. (B) Period of Election. An election under subdivision (b)(2)(A) of this section shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (b)(2)(B)(i) of this section may be extended through subsequent elections under this subdivision (b)(2)(B). (C) Notice to Enrollees. Under such an election, the plan shall provide for: (i) Notice to enrollees on an annual basis and at the time of enrollment under the plan of the fact and consequences of such an election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees in accordance with § 23-86-304(e) .

(1) In General. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall apply with respect to group health plans only: (A) Subject to subdivision (b)(2) of this section, in the case of a group health plan that is a nonfederal governmental plan; and (B) With respect to health insurance coverage offered in connection with a group health plan including such a plan that is a church plan or a governmental plan.

(A) Subject to subdivision (b)(2) of this section, in the case of a group health plan that is a nonfederal governmental plan; and

(B) With respect to health insurance coverage offered in connection with a group health plan including such a plan that is a church plan or a governmental plan.

(2) Treatment of Nonfederal Governmental Plans. (A) Election to be Excluded. If the plan sponsor of a nonfederal governmental plan which is a group health plan to which the provisions of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 otherwise apply makes an election under this subdivision (b)(2)(A), then the requirements of those sections insofar as they apply directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for such a period except as provided in this subsection. (B) Period of Election. An election under subdivision (b)(2)(A) of this section shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (b)(2)(B)(i) of this section may be extended through subsequent elections under this subdivision (b)(2)(B). (C) Notice to Enrollees. Under such an election, the plan shall provide for: (i) Notice to enrollees on an annual basis and at the time of enrollment under the plan of the fact and consequences of such an election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees in accordance with § 23-86-304(e) .

(A) Election to be Excluded. If the plan sponsor of a nonfederal governmental plan which is a group health plan to which the provisions of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 otherwise apply makes an election under this subdivision (b)(2)(A), then the requirements of those sections insofar as they apply directly to group health plans, and not merely to group health insurance coverage, shall not apply to the governmental plans for such a period except as provided in this subsection.

(B) Period of Election. An election under subdivision (b)(2)(A) of this section shall apply: (i) For a single specified plan year; or (ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (b)(2)(B)(i) of this section may be extended through subsequent elections under this subdivision (b)(2)(B).

(i) For a single specified plan year; or

(ii) In the case of a plan provided pursuant to a collective bargaining agreement, for the term of the agreement. An election under subdivision (b)(2)(B)(i) of this section may be extended through subsequent elections under this subdivision (b)(2)(B).

(C) Notice to Enrollees. Under such an election, the plan shall provide for: (i) Notice to enrollees on an annual basis and at the time of enrollment under the plan of the fact and consequences of such an election; and (ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees in accordance with § 23-86-304(e) .

(i) Notice to enrollees on an annual basis and at the time of enrollment under the plan of the fact and consequences of such an election; and

(ii) Certification and disclosure of creditable coverage under the plan with respect to enrollees in accordance with § 23-86-304(e) .

(c) Exception for Certain Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(a)(1) .

(d) Exception for Certain Benefits if Certain Conditions Met. (1) Limited, Excepted Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(b) if the benefits: (A) Are provided under a separate policy, certificate, or contract of insurance; or (B) Are otherwise not an integral part of the group health plan. (2) Noncoordinated, Excepted Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(c) if all of the following conditions are met: (A) The benefits are provided under a separate policy, certificate, or contract of insurance; (B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and (C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor. (3) Supplemental Excepted Benefits. The requirements of this subsection shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(d) if the benefits are provided under a separate policy, certificate, or contract of insurance.

(1) Limited, Excepted Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(b) if the benefits: (A) Are provided under a separate policy, certificate, or contract of insurance; or (B) Are otherwise not an integral part of the group health plan.

(A) Are provided under a separate policy, certificate, or contract of insurance; or

(B) Are otherwise not an integral part of the group health plan.

(2) Noncoordinated, Excepted Benefits. The requirements of §§ 23-86-304 , 23-86-306 , and 23-86-311 - 23-86-313 shall not apply to any group health plan or group health insurance coverage offered in connection with a group health plan in relation to its provision of excepted benefits described in § 23-86-310(c) if all of the following conditions are met: (A) The benefits are provided under a separate policy, certificate, or contract of insurance; (B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and (C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.

(A) The benefits are provided under a separate policy, certificate, or contract of insurance;

(B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor; and

(C) The benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.

(3) Supplemental Excepted Benefits. The requirements of this subsection shall not apply to any group health plan or group health insurance coverage in relation to its provision of excepted benefits described in § 23-86-310(d) if the benefits are provided under a separate policy, certificate, or contract of insurance.

Acts 1997, No. 997, § 1.
Ark. Code Ann. § 23-112-1005 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1005
Application for license
Status: in_force

(a) An application for a license required under this subchapter shall: (1) Be verified by the oath or affirmation of the applicant; (2) Be on a form prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicant; and (3) Contain such information as the commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicant to receive the license applied for. (b) The commission shall require that there be set forth in each application: (1) Information relating to: (A) The applicant's business integrity; (B) Whether the applicant has an established place of business in the State of Arkansas and is primarily engaged in the pursuit, avocation, or business for which the license is applied for; and (C) Whether the applicant has the proper facilities and is able to properly conduct the business for which the license is applied for; and (2) Other pertinent information consistent with the safeguarding of the public interest and public welfare. (c) (1) (A) In addition to the provisions of subsections (a) and (b) of this section, an application for a license as a new recreational vehicle dealer shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of fifty thousand dollars ($50,000) on a bond form approved by the commission. (B) In each instance that a branch license is applied for, each application shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of twenty-five thousand dollars ($25,000) on a bond form approved by the commission. (2) The bond shall be in effect upon the applicant's being licensed and shall be conditioned upon the applicant's complying with this subchapter. (3) The bond shall be an indemnity for any loss sustained by any person by reason of the acts of the person bonded when those acts constitute grounds for the suspension or revocation of his or her license. (4) The bond shall be executed in the name of the State of Arkansas for the benefit of any aggrieved party. (5) The aggregate liability of the surety for all claimants, regardless of the number of years the bond is in force or has been in effect, shall not exceed the amount of the bond. (6) The proceeds of the bond shall be paid upon receipt by the commission of a final judgment from an Arkansas court of competent jurisdiction against the principal and in favor of an aggrieved party. (d) A recreational vehicle dealer shall provide proof of liability insurance coverage on all vehicles to be offered for sale in an amount equal to or greater than the amount required by the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq. (e) (1) In addition to the provisions of subsections (a)-(d) of this section, an application for a license as a recreational vehicle dealer shall also be accompanied by the filing with the commission of a dealer agreement then in effect between the applicant and a manufacturer or distributor of the new recreational vehicles proposed to be dealt in. (2) However, if the dealer agreement has already been filed with the commission in connection with a previous application made by the applicant, the applicant, in lieu of again filing the dealer agreement, shall identify the contract or franchise by appropriate reference and file all revisions and additions, if any, that have been made to the contract or franchise. (f) The applicant for a license as a new recreational vehicle dealer shall furnish satisfactory evidence that the applicant: (1) Maintains adequate space in the building or structure wherein the applicant conducts the business of selling recreational vehicles; (2) Has or will have adequate facilities in the building or structure to perform repair and service work on recreational vehicles and adequate space for storage of new parts and accessories for recreational vehicles; and (3) Will perform repair and warranty services on recreational vehicles at the licensed location, if the dealer provides such services. (g) (1) A dealer shall maintain for three (3) years after the date of purchase records of each vehicle transaction to which the dealer was a party. (2) A dealer shall: (A) Maintain copies of all documents executed in connection with a transaction, including without limitation bills of sale, titles, odometer statements, invoices, affidavits of alteration, and reassignments; and (B) Be open to inspection by the Executive Director of the Arkansas Motor Vehicle Commission or a commission representative acting in an official capacity during reasonable business hours and upon execution of a subpoena. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) An application for a license required under this subchapter shall: (1) Be verified by the oath or affirmation of the applicant; (2) Be on a form prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicant; and (3) Contain such information as the commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicant to receive the license applied for.

(1) Be verified by the oath or affirmation of the applicant;

(2) Be on a form prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicant; and

(3) Contain such information as the commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicant to receive the license applied for.

(b) The commission shall require that there be set forth in each application: (1) Information relating to: (A) The applicant's business integrity; (B) Whether the applicant has an established place of business in the State of Arkansas and is primarily engaged in the pursuit, avocation, or business for which the license is applied for; and (C) Whether the applicant has the proper facilities and is able to properly conduct the business for which the license is applied for; and (2) Other pertinent information consistent with the safeguarding of the public interest and public welfare.

(1) Information relating to: (A) The applicant's business integrity; (B) Whether the applicant has an established place of business in the State of Arkansas and is primarily engaged in the pursuit, avocation, or business for which the license is applied for; and (C) Whether the applicant has the proper facilities and is able to properly conduct the business for which the license is applied for; and

(A) The applicant's business integrity;

(B) Whether the applicant has an established place of business in the State of Arkansas and is primarily engaged in the pursuit, avocation, or business for which the license is applied for; and

(C) Whether the applicant has the proper facilities and is able to properly conduct the business for which the license is applied for; and

(2) Other pertinent information consistent with the safeguarding of the public interest and public welfare.

(c) (1) (A) In addition to the provisions of subsections (a) and (b) of this section, an application for a license as a new recreational vehicle dealer shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of fifty thousand dollars ($50,000) on a bond form approved by the commission. (B) In each instance that a branch license is applied for, each application shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of twenty-five thousand dollars ($25,000) on a bond form approved by the commission. (2) The bond shall be in effect upon the applicant's being licensed and shall be conditioned upon the applicant's complying with this subchapter. (3) The bond shall be an indemnity for any loss sustained by any person by reason of the acts of the person bonded when those acts constitute grounds for the suspension or revocation of his or her license. (4) The bond shall be executed in the name of the State of Arkansas for the benefit of any aggrieved party. (5) The aggregate liability of the surety for all claimants, regardless of the number of years the bond is in force or has been in effect, shall not exceed the amount of the bond. (6) The proceeds of the bond shall be paid upon receipt by the commission of a final judgment from an Arkansas court of competent jurisdiction against the principal and in favor of an aggrieved party.

(1) (A) In addition to the provisions of subsections (a) and (b) of this section, an application for a license as a new recreational vehicle dealer shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of fifty thousand dollars ($50,000) on a bond form approved by the commission. (B) In each instance that a branch license is applied for, each application shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of twenty-five thousand dollars ($25,000) on a bond form approved by the commission.

(A) In addition to the provisions of subsections (a) and (b) of this section, an application for a license as a new recreational vehicle dealer shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of fifty thousand dollars ($50,000) on a bond form approved by the commission.

(B) In each instance that a branch license is applied for, each application shall be accompanied by the filing with the commission of a corporate surety bond in the penal sum of twenty-five thousand dollars ($25,000) on a bond form approved by the commission.

(2) The bond shall be in effect upon the applicant's being licensed and shall be conditioned upon the applicant's complying with this subchapter.

(3) The bond shall be an indemnity for any loss sustained by any person by reason of the acts of the person bonded when those acts constitute grounds for the suspension or revocation of his or her license.

(4) The bond shall be executed in the name of the State of Arkansas for the benefit of any aggrieved party.

(5) The aggregate liability of the surety for all claimants, regardless of the number of years the bond is in force or has been in effect, shall not exceed the amount of the bond.

(6) The proceeds of the bond shall be paid upon receipt by the commission of a final judgment from an Arkansas court of competent jurisdiction against the principal and in favor of an aggrieved party.

(d) A recreational vehicle dealer shall provide proof of liability insurance coverage on all vehicles to be offered for sale in an amount equal to or greater than the amount required by the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(e) (1) In addition to the provisions of subsections (a)-(d) of this section, an application for a license as a recreational vehicle dealer shall also be accompanied by the filing with the commission of a dealer agreement then in effect between the applicant and a manufacturer or distributor of the new recreational vehicles proposed to be dealt in. (2) However, if the dealer agreement has already been filed with the commission in connection with a previous application made by the applicant, the applicant, in lieu of again filing the dealer agreement, shall identify the contract or franchise by appropriate reference and file all revisions and additions, if any, that have been made to the contract or franchise.

(1) In addition to the provisions of subsections (a)-(d) of this section, an application for a license as a recreational vehicle dealer shall also be accompanied by the filing with the commission of a dealer agreement then in effect between the applicant and a manufacturer or distributor of the new recreational vehicles proposed to be dealt in.

(2) However, if the dealer agreement has already been filed with the commission in connection with a previous application made by the applicant, the applicant, in lieu of again filing the dealer agreement, shall identify the contract or franchise by appropriate reference and file all revisions and additions, if any, that have been made to the contract or franchise.

(f) The applicant for a license as a new recreational vehicle dealer shall furnish satisfactory evidence that the applicant: (1) Maintains adequate space in the building or structure wherein the applicant conducts the business of selling recreational vehicles; (2) Has or will have adequate facilities in the building or structure to perform repair and service work on recreational vehicles and adequate space for storage of new parts and accessories for recreational vehicles; and (3) Will perform repair and warranty services on recreational vehicles at the licensed location, if the dealer provides such services.

(1) Maintains adequate space in the building or structure wherein the applicant conducts the business of selling recreational vehicles;

(2) Has or will have adequate facilities in the building or structure to perform repair and service work on recreational vehicles and adequate space for storage of new parts and accessories for recreational vehicles; and

(3) Will perform repair and warranty services on recreational vehicles at the licensed location, if the dealer provides such services.

(g) (1) A dealer shall maintain for three (3) years after the date of purchase records of each vehicle transaction to which the dealer was a party. (2) A dealer shall: (A) Maintain copies of all documents executed in connection with a transaction, including without limitation bills of sale, titles, odometer statements, invoices, affidavits of alteration, and reassignments; and (B) Be open to inspection by the Executive Director of the Arkansas Motor Vehicle Commission or a commission representative acting in an official capacity during reasonable business hours and upon execution of a subpoena.

(1) A dealer shall maintain for three (3) years after the date of purchase records of each vehicle transaction to which the dealer was a party.

(2) A dealer shall: (A) Maintain copies of all documents executed in connection with a transaction, including without limitation bills of sale, titles, odometer statements, invoices, affidavits of alteration, and reassignments; and (B) Be open to inspection by the Executive Director of the Arkansas Motor Vehicle Commission or a commission representative acting in an official capacity during reasonable business hours and upon execution of a subpoena.

(A) Maintain copies of all documents executed in connection with a transaction, including without limitation bills of sale, titles, odometer statements, invoices, affidavits of alteration, and reassignments; and

(B) Be open to inspection by the Executive Director of the Arkansas Motor Vehicle Commission or a commission representative acting in an official capacity during reasonable business hours and upon execution of a subpoena.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-115-103 — AR Code / Title 23 / Chapter 115 / Subchapter 1 / Section 23-115-103
Definitions
Status: in_force

As used in this chapter: (1) "Administrative expenses" means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund under § 23-115-603 ; (2) "Administrative order" means the final disposition of the Office of the Arkansas Lottery in any matter other than a claim in contract or in tort, including without limitation licensing, in which the office is required by law to make its determination after notice and a hearing; (3) (A) "Casino gambling" means a location or business for the purposes of conducting illegal gambling activities, including without limitation activities under § 5-66-101 et seq. that are not authorized under this chapter. (B) "Casino gambling" does not include the sale and purchase of tickets or shares; (4) (A) "Compensation" means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. (B) "Compensation" includes without limitation a payment made under obligation for services or other value received. (C) Subdivisions (4)(A) and (B) of this section do not apply to "compensation" as used in § 23-115-304 ; (5) "Female-owned business" means a business: (A) Whose management and daily business operations are under the control of one (1) or more females; and (B) Either: (i) Individually owned by a female who reports as her personal income for Arkansas income tax purposes the income of the business; (ii) Which is a partnership in which a majority of the ownership interest is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or (iii) Which is a corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation; (6) "Fiscal impact statement" means a realistic written statement of the: (A) Purpose of a proposed law or proposed amendment to a law under this chapter; and (B) Estimated financial cost to the office, the lottery, and this state of implementing or complying with the proposed law or proposed rule; (7) "Gift" means any payment, entertainment, advance, services, or anything of value, unless consideration of equal or greater value has been given therefor; (8) "Immediate family" means the father, mother, sister, brother, husband, wife, child, grandmother, grandfather, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, stepchild, grandmother-in-law, grandfather-in-law, step-grandchild, or any individual acting as parent or guardian; (9) "Incompetence" means: (A) Gross ignorance of official duties; (B) Gross carelessness in the discharge of official duties; or (C) Inability or unfitness to discharge promptly and properly official duties because of a serious physical or mental defect that did not exist at the time of the person's appointment; (10) "License" means authorization granted by the office to an individual to operate as a retailer, including without limitation the execution of a contract between the office and the individual relating to obligations and terms for operating as a retailer; (11) "Lobbying" means communicating directly or soliciting others to communicate with the Director of the Office of the Arkansas Lottery, the Secretary of the Department of Finance and Administration, any employee of the office, or a member of the Legislative Council with the purpose of influencing the actions of the office or the Legislative Council; (12) "Local government" means: (A) A county; (B) A city of the first class or a city of the second class; (C) An incorporated town; or (D) Any other district or political subdivision or any board, commission, or agency of the political subdivisions under subdivisions (12)(A)-(C) of this section; (13) (A) "Lottery" means a game of chance approved by the office and operated under this chapter. (B) "Lottery" includes without limitation: (i) An instant ticket; (ii) A draw game; (iii) Participation in a multistate or multisovereign game; and (iv) A raffle. (C) "Lottery" does not include: (i) Casino gambling; (ii) A video lottery; (iii) Pari-mutuel wagering on horse racing or greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether the pari-mutuel wagering is on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means; (iv) Wagering on electronic games of skill under the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.; or (v) Conducting or participating in charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.; (14) "Lottery proceeds" means all revenue derived from the sale of tickets or shares and all other moneys derived from or in connection with the operation of a lottery, including without limitation fees, offsets, reimbursements, insurance proceeds, damages, and liquidated damages collected or imposed by the office under this chapter; (15) (A) "Lottery Scholarship Trust Account" means the account at one (1) or more financial institutions into which the office deposits net proceeds from the state lottery. (B) The office shall promulgate rules to determine the manner in which the net proceeds are deposited and disbursed based on what is most financially prudent; (16) (A) "Major procurement contract" means a contract for a gaming product or service costing more than seventy-five thousand dollars ($75,000), including without limitation: (i) A major advertising contract; (ii) An annuity contract; (iii) A prize payment agreement; (iv) A consulting service; (v) Lottery equipment; (vi) Tickets; and (vii) Any other product and service unique to lotteries. (B) "Major procurement contract" does not include a material, supply, equipment, or service common to the ordinary operations of the office. (C) When the cost of a proposed contract for a gaming product or service is to be paid, in whole or in part, on a contingent basis, the office shall estimate the value of the proposed contract to determine whether it is a major procurement contract; (17) "Member of a minority" means a lawful permanent resident of this state who is: (A) African American; (B) Hispanic American; (C) American Indian; (D) Asian American; or (E) Pacific Islander American; (18) "Minority-owned business" means a business that is owned by: (A) An individual who is a member of a minority who reports as his or her personal income for Arkansas income tax purposes the income of the business; (B) A partnership in which a majority of the ownership interest is owned by one (1) or more members of a minority who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more members of a minority who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation; (19) "Multidraw screen-based lottery game" means a lottery game that: (A) Is played in real time at regular intervals throughout a single day; and (B) Uses a video screen or monitor to display lottery game information or lottery game results for players; (20) (A) "Multistate or multisovereign lottery" and "multistate or multisovereign game" mean a lottery or game: (i) Provided by an association or group of state-operated or sovereign-operated lotteries that is: (a) Organized for the purpose of government benefit; and (b) Wholly owned and operated by the member lotteries under a mutual agreement, contract, or compact; and (ii) Operated pursuant to the terms of the association's or group's rules governing the operation and the payment of prizes of the game. (B) "Multistate or multisovereign lottery" and "multistate or multisovereign game" do not include a lottery prohibited or excluded under this chapter; (21) "Net proceeds" means lottery proceeds less: (A) Operating expenses; (B) The amount of fidelity fund revenue under § 23-115-603 that exceeds five hundred thousand dollars ($500,000); (C) The undepreciated amount of capital assets; and (D) Accruals that will not result in a cash outflow; (22) "Nonlottery state educational resources" means the same as defined in § 6-85-204 ; (23) "Operating expenses" means all costs of doing business, including without limitation: (A) Prizes, commissions, and other compensation paid to retailers; (B) Contracts for products or services necessary for the operation of the lottery, including without limitation the execution of major procurement contracts; (C) Advertising and marketing costs; (D) Personnel costs; (E) Capital costs or depreciation of property and equipment; (F) Funds for compulsive gambling education and treatment; (G) The payment of sums to the Arkansas State Claims Commission for the reconciliation of valid claims against the office; (H) Payments for the cost of a state and federal criminal background check; (I) Payments to the Division of Higher Education to: (i) Reimburse the division for the costs of administering scholarship awards funded with net proceeds; and (ii) Replenish nonlottery state educational resources expended by the division on scholarship awards otherwise funded with net proceeds; (J) Amounts annually transferred to a fidelity fund under § 23-115-603 ; (K) Amounts paid to governmental entities for goods or services provided to the office, including without limitation services provided by Arkansas Legislative Audit, the Department of Human Services, and the Department of Finance and Administration; (L) Withholding and payment of income taxes from lottery prizes; and (M) Management fees charged by a financial institution to manage a trust account or fund maintained by the division or the office; (24) "Person" means any individual, corporation, partnership, unincorporated association, or other legal entity; (25) "Prize promotion" means an action taken to enhance the play for an individual game by one (1) or more of the following: (A) Funding player affinity programs to promote play of a particular instant or online game; (B) Enriching the prize for an instant or online game; (C) Instituting player incentives for an individual game; (D) Instituting retailer commission incentives for an individual game; or (E) Funding supplemental advertising expenses related to enhancing the promotion of an individual game; (26) (A) "Public official" means: (i) The Governor; (ii) The Lieutenant Governor; (iii) The Secretary of State; (iv) The Treasurer of State; (v) The Attorney General; (vi) The Commissioner of State Lands; (vii) The Auditor of State; or (viii) A member of the General Assembly. (B) "Public official" includes an individual during the time between the date he or she is elected and the date he or she takes office; (27) "Retailer" means a person who sells tickets or shares on behalf of the office under a license; (28) "Share" means any intangible evidence of participation in a lottery; (29) "Ticket" means any tangible evidence issued by a lottery to provide participation in a lottery; (30) (A) "Unclaimed lottery prize money" means a lottery prize expense on the financial books of the office that is released from the expense category when a lottery prize is not claimed within the required claim period for the game during a fiscal year. (B) With respect to a multistate or multisovereign game, "unclaimed lottery prize money": (i) Includes any unclaimed prize money returned to the office from a multistate or multisovereign game; and (ii) Does not include unclaimed prize money from a multistate or multisovereign game that under the agreement of the states participating in the multistate or multisovereign game is not returned to the participating states but is applied under the terms of the agreement; (31) (A) "Vendor" means a person who provides or proposes to provide goods or services to the office under a major procurement contract. (B) "Vendor" does not include: (i) An employee of the office; (ii) A retailer; or (iii) A state agency or instrumentality. (C) "Vendor" includes a corporation whose stock is publicly traded and that is the parent company of the contracting party in a major procurement contract; (32) "Video lottery" means a lottery game that allows a game to be played using an electronic computer and an interactive computer terminal device: (A) That is equipped with a video screen and keys and a keyboard or other equipment allowing input by an individual player; (B) Into which the player inserts coins, currency, vouchers, or tokens as consideration in order for play to be available; and (C) Through which the player may receive free games, coins, tokens, or credits that may be redeemed for cash, annuitized payments over time, a noncash prize, or nothing, as may be determined wholly or predominantly by chance; and (33) "Super retailer" means a person that sells tickets or shares on behalf of the office under a license and has been authorized by the office to cash winning tickets up to the threshold for federal tax withholding on gambling winnings. Amended by Act 2021, No. 636,§ 4, eff. 4/12/2021. Amended by Act 2019, No. 682,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2353, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2352, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2351, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2350, eff. 7/1/2019. Amended by Act 2017, No. 613,§ 4, eff. 3/23/2017. Amended by Act 2015, No. 1258,§ 20, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Amended by Act 2014EX2, No. 8,§ 1, eff. 7/3/2014. Amended by Act 2014EX2, No. 4,§ 1, eff. 7/3/2014. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 27; 2010, No. 265, §§ 20-23; 2010, No. 294, §§ 20-23; 2011, No. 20, § 1; 2011, No. 207, § 20; 2011, No. 1173, § 1; 2011, No. 1180, § 2.

As used in this chapter:

(1) "Administrative expenses" means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund under § 23-115-603 ;

(2) "Administrative order" means the final disposition of the Office of the Arkansas Lottery in any matter other than a claim in contract or in tort, including without limitation licensing, in which the office is required by law to make its determination after notice and a hearing;

(3) (A) "Casino gambling" means a location or business for the purposes of conducting illegal gambling activities, including without limitation activities under § 5-66-101 et seq. that are not authorized under this chapter. (B) "Casino gambling" does not include the sale and purchase of tickets or shares;

(A) "Casino gambling" means a location or business for the purposes of conducting illegal gambling activities, including without limitation activities under § 5-66-101 et seq. that are not authorized under this chapter.

(B) "Casino gambling" does not include the sale and purchase of tickets or shares;

(4) (A) "Compensation" means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof. (B) "Compensation" includes without limitation a payment made under obligation for services or other value received. (C) Subdivisions (4)(A) and (B) of this section do not apply to "compensation" as used in § 23-115-304 ;

(A) "Compensation" means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, or any other form of recompense or any combination thereof.

(B) "Compensation" includes without limitation a payment made under obligation for services or other value received.

(C) Subdivisions (4)(A) and (B) of this section do not apply to "compensation" as used in § 23-115-304 ;

(5) "Female-owned business" means a business: (A) Whose management and daily business operations are under the control of one (1) or more females; and (B) Either: (i) Individually owned by a female who reports as her personal income for Arkansas income tax purposes the income of the business; (ii) Which is a partnership in which a majority of the ownership interest is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or (iii) Which is a corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation;

(A) Whose management and daily business operations are under the control of one (1) or more females; and

(B) Either: (i) Individually owned by a female who reports as her personal income for Arkansas income tax purposes the income of the business; (ii) Which is a partnership in which a majority of the ownership interest is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or (iii) Which is a corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation;

(i) Individually owned by a female who reports as her personal income for Arkansas income tax purposes the income of the business;

(ii) Which is a partnership in which a majority of the ownership interest is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or

(iii) Which is a corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more females who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation;

(6) "Fiscal impact statement" means a realistic written statement of the: (A) Purpose of a proposed law or proposed amendment to a law under this chapter; and (B) Estimated financial cost to the office, the lottery, and this state of implementing or complying with the proposed law or proposed rule;

(A) Purpose of a proposed law or proposed amendment to a law under this chapter; and

(B) Estimated financial cost to the office, the lottery, and this state of implementing or complying with the proposed law or proposed rule;

(7) "Gift" means any payment, entertainment, advance, services, or anything of value, unless consideration of equal or greater value has been given therefor;

(8) "Immediate family" means the father, mother, sister, brother, husband, wife, child, grandmother, grandfather, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, stepchild, grandmother-in-law, grandfather-in-law, step-grandchild, or any individual acting as parent or guardian;

(9) "Incompetence" means: (A) Gross ignorance of official duties; (B) Gross carelessness in the discharge of official duties; or (C) Inability or unfitness to discharge promptly and properly official duties because of a serious physical or mental defect that did not exist at the time of the person's appointment;

(A) Gross ignorance of official duties;

(B) Gross carelessness in the discharge of official duties; or

(C) Inability or unfitness to discharge promptly and properly official duties because of a serious physical or mental defect that did not exist at the time of the person's appointment;

(10) "License" means authorization granted by the office to an individual to operate as a retailer, including without limitation the execution of a contract between the office and the individual relating to obligations and terms for operating as a retailer;

(11) "Lobbying" means communicating directly or soliciting others to communicate with the Director of the Office of the Arkansas Lottery, the Secretary of the Department of Finance and Administration, any employee of the office, or a member of the Legislative Council with the purpose of influencing the actions of the office or the Legislative Council;

(12) "Local government" means: (A) A county; (B) A city of the first class or a city of the second class; (C) An incorporated town; or (D) Any other district or political subdivision or any board, commission, or agency of the political subdivisions under subdivisions (12)(A)-(C) of this section;

(A) A county;

(B) A city of the first class or a city of the second class;

(C) An incorporated town; or

(D) Any other district or political subdivision or any board, commission, or agency of the political subdivisions under subdivisions (12)(A)-(C) of this section;

(13) (A) "Lottery" means a game of chance approved by the office and operated under this chapter. (B) "Lottery" includes without limitation: (i) An instant ticket; (ii) A draw game; (iii) Participation in a multistate or multisovereign game; and (iv) A raffle. (C) "Lottery" does not include: (i) Casino gambling; (ii) A video lottery; (iii) Pari-mutuel wagering on horse racing or greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether the pari-mutuel wagering is on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means; (iv) Wagering on electronic games of skill under the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.; or (v) Conducting or participating in charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.;

(A) "Lottery" means a game of chance approved by the office and operated under this chapter.

(B) "Lottery" includes without limitation: (i) An instant ticket; (ii) A draw game; (iii) Participation in a multistate or multisovereign game; and (iv) A raffle.

(i) An instant ticket;

(ii) A draw game;

(iii) Participation in a multistate or multisovereign game; and

(iv) A raffle.

(C) "Lottery" does not include: (i) Casino gambling; (ii) A video lottery; (iii) Pari-mutuel wagering on horse racing or greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether the pari-mutuel wagering is on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means; (iv) Wagering on electronic games of skill under the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.; or (v) Conducting or participating in charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.;

(i) Casino gambling;

(ii) A video lottery;

(iii) Pari-mutuel wagering on horse racing or greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether the pari-mutuel wagering is on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means;

(iv) Wagering on electronic games of skill under the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.; or

(v) Conducting or participating in charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, § 23-114-101 et seq.;

(14) "Lottery proceeds" means all revenue derived from the sale of tickets or shares and all other moneys derived from or in connection with the operation of a lottery, including without limitation fees, offsets, reimbursements, insurance proceeds, damages, and liquidated damages collected or imposed by the office under this chapter;

(15) (A) "Lottery Scholarship Trust Account" means the account at one (1) or more financial institutions into which the office deposits net proceeds from the state lottery. (B) The office shall promulgate rules to determine the manner in which the net proceeds are deposited and disbursed based on what is most financially prudent;

(A) "Lottery Scholarship Trust Account" means the account at one (1) or more financial institutions into which the office deposits net proceeds from the state lottery.

(B) The office shall promulgate rules to determine the manner in which the net proceeds are deposited and disbursed based on what is most financially prudent;

(16) (A) "Major procurement contract" means a contract for a gaming product or service costing more than seventy-five thousand dollars ($75,000), including without limitation: (i) A major advertising contract; (ii) An annuity contract; (iii) A prize payment agreement; (iv) A consulting service; (v) Lottery equipment; (vi) Tickets; and (vii) Any other product and service unique to lotteries. (B) "Major procurement contract" does not include a material, supply, equipment, or service common to the ordinary operations of the office. (C) When the cost of a proposed contract for a gaming product or service is to be paid, in whole or in part, on a contingent basis, the office shall estimate the value of the proposed contract to determine whether it is a major procurement contract;

(A) "Major procurement contract" means a contract for a gaming product or service costing more than seventy-five thousand dollars ($75,000), including without limitation: (i) A major advertising contract; (ii) An annuity contract; (iii) A prize payment agreement; (iv) A consulting service; (v) Lottery equipment; (vi) Tickets; and (vii) Any other product and service unique to lotteries.

(i) A major advertising contract;

(ii) An annuity contract;

(iii) A prize payment agreement;

(iv) A consulting service;

(v) Lottery equipment;

(vi) Tickets; and

(vii) Any other product and service unique to lotteries.

(B) "Major procurement contract" does not include a material, supply, equipment, or service common to the ordinary operations of the office.

(C) When the cost of a proposed contract for a gaming product or service is to be paid, in whole or in part, on a contingent basis, the office shall estimate the value of the proposed contract to determine whether it is a major procurement contract;

(17) "Member of a minority" means a lawful permanent resident of this state who is: (A) African American; (B) Hispanic American; (C) American Indian; (D) Asian American; or (E) Pacific Islander American;

(A) African American;

(B) Hispanic American;

(C) American Indian;

(D) Asian American; or

(E) Pacific Islander American;

(18) "Minority-owned business" means a business that is owned by: (A) An individual who is a member of a minority who reports as his or her personal income for Arkansas income tax purposes the income of the business; (B) A partnership in which a majority of the ownership interest is owned by one (1) or more members of a minority who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more members of a minority who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation;

(A) An individual who is a member of a minority who reports as his or her personal income for Arkansas income tax purposes the income of the business;

(B) A partnership in which a majority of the ownership interest is owned by one (1) or more members of a minority who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the income of the partnership; or

(C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one (1) or more members of a minority who report as their personal income for Arkansas income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation;

(19) "Multidraw screen-based lottery game" means a lottery game that: (A) Is played in real time at regular intervals throughout a single day; and (B) Uses a video screen or monitor to display lottery game information or lottery game results for players;

(A) Is played in real time at regular intervals throughout a single day; and

(B) Uses a video screen or monitor to display lottery game information or lottery game results for players;

(20) (A) "Multistate or multisovereign lottery" and "multistate or multisovereign game" mean a lottery or game: (i) Provided by an association or group of state-operated or sovereign-operated lotteries that is: (a) Organized for the purpose of government benefit; and (b) Wholly owned and operated by the member lotteries under a mutual agreement, contract, or compact; and (ii) Operated pursuant to the terms of the association's or group's rules governing the operation and the payment of prizes of the game. (B) "Multistate or multisovereign lottery" and "multistate or multisovereign game" do not include a lottery prohibited or excluded under this chapter;

(A) "Multistate or multisovereign lottery" and "multistate or multisovereign game" mean a lottery or game: (i) Provided by an association or group of state-operated or sovereign-operated lotteries that is: (a) Organized for the purpose of government benefit; and (b) Wholly owned and operated by the member lotteries under a mutual agreement, contract, or compact; and (ii) Operated pursuant to the terms of the association's or group's rules governing the operation and the payment of prizes of the game.

(i) Provided by an association or group of state-operated or sovereign-operated lotteries that is: (a) Organized for the purpose of government benefit; and (b) Wholly owned and operated by the member lotteries under a mutual agreement, contract, or compact; and

(a) Organized for the purpose of government benefit; and

(b) Wholly owned and operated by the member lotteries under a mutual agreement, contract, or compact; and

(ii) Operated pursuant to the terms of the association's or group's rules governing the operation and the payment of prizes of the game.

(B) "Multistate or multisovereign lottery" and "multistate or multisovereign game" do not include a lottery prohibited or excluded under this chapter;

(21) "Net proceeds" means lottery proceeds less: (A) Operating expenses; (B) The amount of fidelity fund revenue under § 23-115-603 that exceeds five hundred thousand dollars ($500,000); (C) The undepreciated amount of capital assets; and (D) Accruals that will not result in a cash outflow;

(A) Operating expenses;

(B) The amount of fidelity fund revenue under § 23-115-603 that exceeds five hundred thousand dollars ($500,000);

(C) The undepreciated amount of capital assets; and

(D) Accruals that will not result in a cash outflow;

(22) "Nonlottery state educational resources" means the same as defined in § 6-85-204 ;

(23) "Operating expenses" means all costs of doing business, including without limitation: (A) Prizes, commissions, and other compensation paid to retailers; (B) Contracts for products or services necessary for the operation of the lottery, including without limitation the execution of major procurement contracts; (C) Advertising and marketing costs; (D) Personnel costs; (E) Capital costs or depreciation of property and equipment; (F) Funds for compulsive gambling education and treatment; (G) The payment of sums to the Arkansas State Claims Commission for the reconciliation of valid claims against the office; (H) Payments for the cost of a state and federal criminal background check; (I) Payments to the Division of Higher Education to: (i) Reimburse the division for the costs of administering scholarship awards funded with net proceeds; and (ii) Replenish nonlottery state educational resources expended by the division on scholarship awards otherwise funded with net proceeds; (J) Amounts annually transferred to a fidelity fund under § 23-115-603 ; (K) Amounts paid to governmental entities for goods or services provided to the office, including without limitation services provided by Arkansas Legislative Audit, the Department of Human Services, and the Department of Finance and Administration; (L) Withholding and payment of income taxes from lottery prizes; and (M) Management fees charged by a financial institution to manage a trust account or fund maintained by the division or the office;

(A) Prizes, commissions, and other compensation paid to retailers;

(B) Contracts for products or services necessary for the operation of the lottery, including without limitation the execution of major procurement contracts;

(C) Advertising and marketing costs;

(D) Personnel costs;

(E) Capital costs or depreciation of property and equipment;

(F) Funds for compulsive gambling education and treatment;

(G) The payment of sums to the Arkansas State Claims Commission for the reconciliation of valid claims against the office;

(H) Payments for the cost of a state and federal criminal background check;

(I) Payments to the Division of Higher Education to: (i) Reimburse the division for the costs of administering scholarship awards funded with net proceeds; and (ii) Replenish nonlottery state educational resources expended by the division on scholarship awards otherwise funded with net proceeds;

(i) Reimburse the division for the costs of administering scholarship awards funded with net proceeds; and

(ii) Replenish nonlottery state educational resources expended by the division on scholarship awards otherwise funded with net proceeds;

(J) Amounts annually transferred to a fidelity fund under § 23-115-603 ;

(K) Amounts paid to governmental entities for goods or services provided to the office, including without limitation services provided by Arkansas Legislative Audit, the Department of Human Services, and the Department of Finance and Administration;

(L) Withholding and payment of income taxes from lottery prizes; and

(M) Management fees charged by a financial institution to manage a trust account or fund maintained by the division or the office;

(24) "Person" means any individual, corporation, partnership, unincorporated association, or other legal entity;

(25) "Prize promotion" means an action taken to enhance the play for an individual game by one (1) or more of the following: (A) Funding player affinity programs to promote play of a particular instant or online game; (B) Enriching the prize for an instant or online game; (C) Instituting player incentives for an individual game; (D) Instituting retailer commission incentives for an individual game; or (E) Funding supplemental advertising expenses related to enhancing the promotion of an individual game;

(A) Funding player affinity programs to promote play of a particular instant or online game;

(B) Enriching the prize for an instant or online game;

(C) Instituting player incentives for an individual game;

(D) Instituting retailer commission incentives for an individual game; or

(E) Funding supplemental advertising expenses related to enhancing the promotion of an individual game;

(26) (A) "Public official" means: (i) The Governor; (ii) The Lieutenant Governor; (iii) The Secretary of State; (iv) The Treasurer of State; (v) The Attorney General; (vi) The Commissioner of State Lands; (vii) The Auditor of State; or (viii) A member of the General Assembly. (B) "Public official" includes an individual during the time between the date he or she is elected and the date he or she takes office;

(A) "Public official" means: (i) The Governor; (ii) The Lieutenant Governor; (iii) The Secretary of State; (iv) The Treasurer of State; (v) The Attorney General; (vi) The Commissioner of State Lands; (vii) The Auditor of State; or (viii) A member of the General Assembly.

(i) The Governor;

(ii) The Lieutenant Governor;

(iii) The Secretary of State;

(iv) The Treasurer of State;

(v) The Attorney General;

(vi) The Commissioner of State Lands;

(vii) The Auditor of State; or

(viii) A member of the General Assembly.

(B) "Public official" includes an individual during the time between the date he or she is elected and the date he or she takes office;

(27) "Retailer" means a person who sells tickets or shares on behalf of the office under a license;

(28) "Share" means any intangible evidence of participation in a lottery;

(29) "Ticket" means any tangible evidence issued by a lottery to provide participation in a lottery;

(30) (A) "Unclaimed lottery prize money" means a lottery prize expense on the financial books of the office that is released from the expense category when a lottery prize is not claimed within the required claim period for the game during a fiscal year. (B) With respect to a multistate or multisovereign game, "unclaimed lottery prize money": (i) Includes any unclaimed prize money returned to the office from a multistate or multisovereign game; and (ii) Does not include unclaimed prize money from a multistate or multisovereign game that under the agreement of the states participating in the multistate or multisovereign game is not returned to the participating states but is applied under the terms of the agreement;

(A) "Unclaimed lottery prize money" means a lottery prize expense on the financial books of the office that is released from the expense category when a lottery prize is not claimed within the required claim period for the game during a fiscal year.

(B) With respect to a multistate or multisovereign game, "unclaimed lottery prize money": (i) Includes any unclaimed prize money returned to the office from a multistate or multisovereign game; and (ii) Does not include unclaimed prize money from a multistate or multisovereign game that under the agreement of the states participating in the multistate or multisovereign game is not returned to the participating states but is applied under the terms of the agreement;

(i) Includes any unclaimed prize money returned to the office from a multistate or multisovereign game; and

(ii) Does not include unclaimed prize money from a multistate or multisovereign game that under the agreement of the states participating in the multistate or multisovereign game is not returned to the participating states but is applied under the terms of the agreement;

(31) (A) "Vendor" means a person who provides or proposes to provide goods or services to the office under a major procurement contract. (B) "Vendor" does not include: (i) An employee of the office; (ii) A retailer; or (iii) A state agency or instrumentality. (C) "Vendor" includes a corporation whose stock is publicly traded and that is the parent company of the contracting party in a major procurement contract;

(A) "Vendor" means a person who provides or proposes to provide goods or services to the office under a major procurement contract.

(B) "Vendor" does not include: (i) An employee of the office; (ii) A retailer; or (iii) A state agency or instrumentality.

(i) An employee of the office;

(ii) A retailer; or

(iii) A state agency or instrumentality.

(C) "Vendor" includes a corporation whose stock is publicly traded and that is the parent company of the contracting party in a major procurement contract;

(32) "Video lottery" means a lottery game that allows a game to be played using an electronic computer and an interactive computer terminal device: (A) That is equipped with a video screen and keys and a keyboard or other equipment allowing input by an individual player; (B) Into which the player inserts coins, currency, vouchers, or tokens as consideration in order for play to be available; and (C) Through which the player may receive free games, coins, tokens, or credits that may be redeemed for cash, annuitized payments over time, a noncash prize, or nothing, as may be determined wholly or predominantly by chance; and

(A) That is equipped with a video screen and keys and a keyboard or other equipment allowing input by an individual player;

(B) Into which the player inserts coins, currency, vouchers, or tokens as consideration in order for play to be available; and

(C) Through which the player may receive free games, coins, tokens, or credits that may be redeemed for cash, annuitized payments over time, a noncash prize, or nothing, as may be determined wholly or predominantly by chance; and

(33) "Super retailer" means a person that sells tickets or shares on behalf of the office under a license and has been authorized by the office to cash winning tickets up to the threshold for federal tax withholding on gambling winnings.

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

Amended by Act 2019, No. 682,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2353, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2352, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2351, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2350, eff. 7/1/2019.

Amended by Act 2017, No. 613,§ 4, eff. 3/23/2017.

Amended by Act 2015, No. 1258,§ 20, eff. 7/22/2015.

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

Amended by Act 2014EX2, No. 8,§ 1, eff. 7/3/2014.

Amended by Act 2014EX2, No. 4,§ 1, eff. 7/3/2014.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 27; 2010, No. 265, §§ 20-23; 2010, No. 294, §§ 20-23; 2011, No. 20, § 1; 2011, No. 207, § 20; 2011, No. 1173, § 1; 2011, No. 1180, § 2.
Ark. Code Ann. § 23-19-205 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-205
Use of public rights-of-way by holder of certificate of franchise authority
Status: in_force

(a) A video service provider has the rights, powers, and duties provided for telephone and telegraph companies under §§ 23-17-101 - 23-17-105 . (b) To enable the provision of video service, a political subdivision shall allow the holder of a certificate of franchise authority to install, construct, and maintain facilities in the public rights-of-way over which the political subdivision has jurisdiction. (c) A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction. (d) This subchapter does not exempt a video service provider from compliance with all lawful political subdivision land use regulations, including without limitation zoning laws, building permit requirements, pole attachment agreements, street cut permits, and other permits required for the use of a political subdivision's right-of-way. (e) (1) In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision. (2) A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

(a) A video service provider has the rights, powers, and duties provided for telephone and telegraph companies under §§ 23-17-101 - 23-17-105 .

(b) To enable the provision of video service, a political subdivision shall allow the holder of a certificate of franchise authority to install, construct, and maintain facilities in the public rights-of-way over which the political subdivision has jurisdiction.

(c) A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction.

(d) This subchapter does not exempt a video service provider from compliance with all lawful political subdivision land use regulations, including without limitation zoning laws, building permit requirements, pole attachment agreements, street cut permits, and other permits required for the use of a political subdivision's right-of-way.

(e) (1) In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision. (2) A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section.

(1) In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision.

(2) A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.