Ark. Code Ann. § 23-112-602 — AR Code / Title 23 / Chapter 112 / Subchapter 6 / Section 23-112-602
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Auto auction" means any person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between duly licensed motor vehicle dealers, or from used motor vehicle dealers to individuals, or individuals to used motor vehicle dealers, or any combination thereof, or any motor vehicle dealer licensed to sell used motor vehicles, selling used motor vehicles using an auction format or on consignment. (B) "Auto auction" also applies to any person who provides the facilities for or is in the business of selling motor vehicles in an auction format; (2) "Designee" means a person or entity that: (A) Agrees to perform inspections of used motor vehicle dealers under this subchapter on behalf of the department; and (B) The department determines is appropriately suited for serving as a designee under this subchapter; (3) "Drafter" means any person who obtains financing for the purchase and resale of vehicles of another person or a used motor vehicle dealer through the use of the account of or based on the extension of credit by presenting at the time of purchase of the subject vehicles a documentary draft for purchase of the vehicle or who otherwise promises to pay through the accounts or credit of another person or a used motor vehicle dealer; (4) "Licensed location" means the address designated as the business address of the used motor vehicle dealer on his or her application for a used motor vehicle dealer's license; (5) "Motor vehicle" means any motor-driven vehicle having two (2) or more wheels of the sort and kind required to have an Arkansas motor vehicle license, certificate, or permit for operation in the State of Arkansas; (6) "Off-premises" means a location other than the address designated as the licensed address; (7) "Person" means and includes, individually and collectively, individuals, firms, partnerships, associations, corporations, trusts, or any other form of business, individual enterprise, or entity; (8) "Sale" or "sell" means the actual sale of a motor vehicle, the attempted sale, or the offering or advertising of a motor vehicle for sale; (9) (A) "Used motor vehicle" means any motor vehicle which has previously been sold, bargained, exchanged, given away, or the title thereto transferred from the person or corporation who first took title from the manufacturer, importer, dealer, or agent of the manufacturer or importer, or that is so used as to have become what is commonly known as a secondhand or previously owned motor vehicle. (B) In the event of a transfer reflected on the statement of origin from the original franchise dealer to any other dealer, individual, or corporation other than a franchise dealer of the same make of vehicle, the vehicle shall be considered a used motor vehicle; (10) (A) (i) "Used motor vehicle dealer", hereinafter referred to as "dealer", means any person, wholesaler, or auto auction who, for a commission or with intent to make a profit or gain of money or other thing of value, sells, brokers, exchanges, rents, or leases with the option to purchase or own, or attempts to negotiate a sale or exchange of an interest in any used motor vehicle, or who is wholly or in part in the business of buying, selling, trading, or exchanging used motor vehicles, whether or not such motor vehicles are owned by the person. (ii) The sale or attempted sale of five (5) or more used motor vehicles in any one (1) calendar year shall be prima facie evidence and shall constitute a rebuttable presumption that a person is engaged in the business of selling used motor vehicles. (B) "Used motor vehicle dealer" shall not include: (i) A receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to a judgment or order of any court; (ii) A public officer, while performing his or her official duties; (iii) A mortgagee or secured party as to sales of motor vehicles constituting collateral on a mortgage or security agreement, if the mortgagee or secured leasing party shall not realize for their own account from such sales any moneys in excess of the outstanding balance secured by the mortgage or security agreement after consideration of the costs of collection; (iv) A lienholder, artisan, mechanic, or garage selling repaired items pursuant to a lien granted by Arkansas law; (v) A person selling a motor vehicle titled in his or her own name and used exclusively as a personal vehicle, or a motor vehicle titled in a business name and used exclusively as a business vehicle, or a person engaged in leasing or renting vehicles; or (vi) A new motor vehicle dealer selling a used motor vehicle in conjunction with his or her new motor vehicle dealer operations who is licensed under this chapter; (11) "Used motor vehicle salesperson", hereinafter referred to as "salesperson", is anyone who for compensation of any kind operates as a salesperson, broker, agent, or representative of a used motor vehicle dealer, or any person who attempts to or in fact negotiates a sale of a vehicle owned partially or entirely by a used motor vehicle dealer, or a person or drafter using the financial resources, line of credit, or floor plan of a used motor vehicle dealer to purchase, sell, or exchange an interest in a used motor vehicle; and (12) (A) "Wholesaler" means any person, resident or nonresident, who, in whole or in part, primarily sells used motor vehicles to motor vehicle dealers. (B) Used motor vehicle dealers who, incidental to their primary business, sell motor vehicles to other dealers are not considered wholesalers because of their incidental sales. Acts 1993, No. 490, § 2; 1995, No. 357, § 1; 2005, No. 1416, §§ 1, 2; 2005, No. 1780, § 1; 2011, No. 265, § 1.

As used in this subchapter:

(1) (A) "Auto auction" means any person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between duly licensed motor vehicle dealers, or from used motor vehicle dealers to individuals, or individuals to used motor vehicle dealers, or any combination thereof, or any motor vehicle dealer licensed to sell used motor vehicles, selling used motor vehicles using an auction format or on consignment. (B) "Auto auction" also applies to any person who provides the facilities for or is in the business of selling motor vehicles in an auction format;

(A) "Auto auction" means any person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between duly licensed motor vehicle dealers, or from used motor vehicle dealers to individuals, or individuals to used motor vehicle dealers, or any combination thereof, or any motor vehicle dealer licensed to sell used motor vehicles, selling used motor vehicles using an auction format or on consignment.

(B) "Auto auction" also applies to any person who provides the facilities for or is in the business of selling motor vehicles in an auction format;

(2) "Designee" means a person or entity that: (A) Agrees to perform inspections of used motor vehicle dealers under this subchapter on behalf of the department; and (B) The department determines is appropriately suited for serving as a designee under this subchapter;

(A) Agrees to perform inspections of used motor vehicle dealers under this subchapter on behalf of the department; and

(B) The department determines is appropriately suited for serving as a designee under this subchapter;

(3) "Drafter" means any person who obtains financing for the purchase and resale of vehicles of another person or a used motor vehicle dealer through the use of the account of or based on the extension of credit by presenting at the time of purchase of the subject vehicles a documentary draft for purchase of the vehicle or who otherwise promises to pay through the accounts or credit of another person or a used motor vehicle dealer;

(4) "Licensed location" means the address designated as the business address of the used motor vehicle dealer on his or her application for a used motor vehicle dealer's license;

(5) "Motor vehicle" means any motor-driven vehicle having two (2) or more wheels of the sort and kind required to have an Arkansas motor vehicle license, certificate, or permit for operation in the State of Arkansas;

(6) "Off-premises" means a location other than the address designated as the licensed address;

(7) "Person" means and includes, individually and collectively, individuals, firms, partnerships, associations, corporations, trusts, or any other form of business, individual enterprise, or entity;

(8) "Sale" or "sell" means the actual sale of a motor vehicle, the attempted sale, or the offering or advertising of a motor vehicle for sale;

(9) (A) "Used motor vehicle" means any motor vehicle which has previously been sold, bargained, exchanged, given away, or the title thereto transferred from the person or corporation who first took title from the manufacturer, importer, dealer, or agent of the manufacturer or importer, or that is so used as to have become what is commonly known as a secondhand or previously owned motor vehicle. (B) In the event of a transfer reflected on the statement of origin from the original franchise dealer to any other dealer, individual, or corporation other than a franchise dealer of the same make of vehicle, the vehicle shall be considered a used motor vehicle;

(A) "Used motor vehicle" means any motor vehicle which has previously been sold, bargained, exchanged, given away, or the title thereto transferred from the person or corporation who first took title from the manufacturer, importer, dealer, or agent of the manufacturer or importer, or that is so used as to have become what is commonly known as a secondhand or previously owned motor vehicle.

(B) In the event of a transfer reflected on the statement of origin from the original franchise dealer to any other dealer, individual, or corporation other than a franchise dealer of the same make of vehicle, the vehicle shall be considered a used motor vehicle;

(10) (A) (i) "Used motor vehicle dealer", hereinafter referred to as "dealer", means any person, wholesaler, or auto auction who, for a commission or with intent to make a profit or gain of money or other thing of value, sells, brokers, exchanges, rents, or leases with the option to purchase or own, or attempts to negotiate a sale or exchange of an interest in any used motor vehicle, or who is wholly or in part in the business of buying, selling, trading, or exchanging used motor vehicles, whether or not such motor vehicles are owned by the person. (ii) The sale or attempted sale of five (5) or more used motor vehicles in any one (1) calendar year shall be prima facie evidence and shall constitute a rebuttable presumption that a person is engaged in the business of selling used motor vehicles. (B) "Used motor vehicle dealer" shall not include: (i) A receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to a judgment or order of any court; (ii) A public officer, while performing his or her official duties; (iii) A mortgagee or secured party as to sales of motor vehicles constituting collateral on a mortgage or security agreement, if the mortgagee or secured leasing party shall not realize for their own account from such sales any moneys in excess of the outstanding balance secured by the mortgage or security agreement after consideration of the costs of collection; (iv) A lienholder, artisan, mechanic, or garage selling repaired items pursuant to a lien granted by Arkansas law; (v) A person selling a motor vehicle titled in his or her own name and used exclusively as a personal vehicle, or a motor vehicle titled in a business name and used exclusively as a business vehicle, or a person engaged in leasing or renting vehicles; or (vi) A new motor vehicle dealer selling a used motor vehicle in conjunction with his or her new motor vehicle dealer operations who is licensed under this chapter;

(A) (i) "Used motor vehicle dealer", hereinafter referred to as "dealer", means any person, wholesaler, or auto auction who, for a commission or with intent to make a profit or gain of money or other thing of value, sells, brokers, exchanges, rents, or leases with the option to purchase or own, or attempts to negotiate a sale or exchange of an interest in any used motor vehicle, or who is wholly or in part in the business of buying, selling, trading, or exchanging used motor vehicles, whether or not such motor vehicles are owned by the person. (ii) The sale or attempted sale of five (5) or more used motor vehicles in any one (1) calendar year shall be prima facie evidence and shall constitute a rebuttable presumption that a person is engaged in the business of selling used motor vehicles.

(i) "Used motor vehicle dealer", hereinafter referred to as "dealer", means any person, wholesaler, or auto auction who, for a commission or with intent to make a profit or gain of money or other thing of value, sells, brokers, exchanges, rents, or leases with the option to purchase or own, or attempts to negotiate a sale or exchange of an interest in any used motor vehicle, or who is wholly or in part in the business of buying, selling, trading, or exchanging used motor vehicles, whether or not such motor vehicles are owned by the person.

(ii) The sale or attempted sale of five (5) or more used motor vehicles in any one (1) calendar year shall be prima facie evidence and shall constitute a rebuttable presumption that a person is engaged in the business of selling used motor vehicles.

(B) "Used motor vehicle dealer" shall not include: (i) A receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to a judgment or order of any court; (ii) A public officer, while performing his or her official duties; (iii) A mortgagee or secured party as to sales of motor vehicles constituting collateral on a mortgage or security agreement, if the mortgagee or secured leasing party shall not realize for their own account from such sales any moneys in excess of the outstanding balance secured by the mortgage or security agreement after consideration of the costs of collection; (iv) A lienholder, artisan, mechanic, or garage selling repaired items pursuant to a lien granted by Arkansas law; (v) A person selling a motor vehicle titled in his or her own name and used exclusively as a personal vehicle, or a motor vehicle titled in a business name and used exclusively as a business vehicle, or a person engaged in leasing or renting vehicles; or (vi) A new motor vehicle dealer selling a used motor vehicle in conjunction with his or her new motor vehicle dealer operations who is licensed under this chapter;

(i) A receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to a judgment or order of any court;

(ii) A public officer, while performing his or her official duties;

(iii) A mortgagee or secured party as to sales of motor vehicles constituting collateral on a mortgage or security agreement, if the mortgagee or secured leasing party shall not realize for their own account from such sales any moneys in excess of the outstanding balance secured by the mortgage or security agreement after consideration of the costs of collection;

(iv) A lienholder, artisan, mechanic, or garage selling repaired items pursuant to a lien granted by Arkansas law;

(v) A person selling a motor vehicle titled in his or her own name and used exclusively as a personal vehicle, or a motor vehicle titled in a business name and used exclusively as a business vehicle, or a person engaged in leasing or renting vehicles; or

(vi) A new motor vehicle dealer selling a used motor vehicle in conjunction with his or her new motor vehicle dealer operations who is licensed under this chapter;

(11) "Used motor vehicle salesperson", hereinafter referred to as "salesperson", is anyone who for compensation of any kind operates as a salesperson, broker, agent, or representative of a used motor vehicle dealer, or any person who attempts to or in fact negotiates a sale of a vehicle owned partially or entirely by a used motor vehicle dealer, or a person or drafter using the financial resources, line of credit, or floor plan of a used motor vehicle dealer to purchase, sell, or exchange an interest in a used motor vehicle; and

(12) (A) "Wholesaler" means any person, resident or nonresident, who, in whole or in part, primarily sells used motor vehicles to motor vehicle dealers. (B) Used motor vehicle dealers who, incidental to their primary business, sell motor vehicles to other dealers are not considered wholesalers because of their incidental sales.

(A) "Wholesaler" means any person, resident or nonresident, who, in whole or in part, primarily sells used motor vehicles to motor vehicle dealers.

(B) Used motor vehicle dealers who, incidental to their primary business, sell motor vehicles to other dealers are not considered wholesalers because of their incidental sales.

Acts 1993, No. 490, § 2; 1995, No. 357, § 1; 2005, No. 1416, §§ 1, 2; 2005, No. 1780, § 1; 2011, No. 265, § 1.
Ark. Code Ann. § 23-63-1004 — AR Code / Title 23 / Chapter 63 / Subchapter 10 / Section 23-63-1004
Estoppel to deny corporate power to be surety
Status: in_force

In any action brought against a surety insurer to enforce the liability assumed by it under any bond or contract, the insurer is estopped from denying its corporate or other power to execute that bond or guaranty or to assume the liability. Acts 1959, No. 148, § 452; A.S.A. 1947, § 66-4104.

In any action brought against a surety insurer to enforce the liability assumed by it under any bond or contract, the insurer is estopped from denying its corporate or other power to execute that bond or guaranty or to assume the liability.

Acts 1959, No. 148, § 452; A.S.A. 1947, § 66-4104.
Ark. Code Ann. § 23-17-409 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-409
Authorization of competing local exchange carriers
Status: in_force

(a) (1) (A) Consistent with the federal act and the provisions of § 23-17-410 , the Arkansas Public Service Commission is authorized to grant certificates of convenience and necessity to telecommunications providers authorizing them to provide telecommunications services, including basic local exchange service or switched-access service, or both, to an incumbent local exchange carrier's local exchange area if and to the extent that the applications otherwise comply with state law, designate the geographic areas proposed to be served by the applicants, and the applicants demonstrate that they possess the financial, technical, and managerial capacity to provide the competing services. (B) No telecommunications provider shall operate as a CLEC in this state without first obtaining from the commission a certificate of public convenience and necessity. (2) Competing local exchange carriers shall be required to maintain a current tariff or price list with the commission and to make prices and terms of service available for public inspection. (3) Retail prices of competing local exchange carriers shall not require prior review or approval by the commission. (b) (1) Except as otherwise provided in subdivisions (b)(2), (b)(5), and (b)(6) of this section, a government entity shall not provide, directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunications services. (2) After reasonable notice to the public and a public hearing, a government entity owning an electric utility system or television signal distribution system may provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services and make any telecommunications capacity or associated facilities that the government entity now owns, or may construct or acquire, available to the public upon terms and conditions as may be established by the government entity's governing authority, except the government entity may not use the telecommunications capacity or associated facilities to provide, directly or indirectly, basic local exchange service. (3) Any restriction contained in this subsection shall not be applicable to the provision of telecommunications services to the extent the telecommunications services are used solely for 911, E911, or other emergency and law enforcement services, or for the provision of data, broadband, or non-entertainment video telecommunications services or facilities by or to a medical institution or an institution of higher education to its students, faculty, staff, or patients, as the provision of the telecommunications services or facilities relates to academic, research, and healthcare information technology applications under the Arkansas Information Systems Act of 1997, § 25-4-101 et seq. (4) A government entity may purchase voice, data, broadband, video, or wireless telecommunications services, directly or indirectly, from a private provider through a contract administered and services managed by the Division of Information Systems under the Arkansas Information Systems Act of 1997, § 25-4-101 et seq. (5) A government entity may, on its own or in partnership with a private entity, apply for funding under a program for grants or loans to be used for the construction, acquisition, or leasing of facilities, land, or buildings used to deploy broadband services in unserved areas, as defined under the terms of the granting or lending program, and if the funding is awarded, then provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services to the public in the unserved areas. (6) (A) A government entity may acquire, construct, furnish, equip, own, operate, sell, convey, lease, rent, let, assign, dispose of, contract for, or otherwise deal in facilities and apparatus for one (1) or more of the following: (i) Voice services; (ii) Data services; (iii) Broadband services; (iv) Video services; or (v) Wireless telecommunications services. (B) If a government entity, other than a government entity qualified to provide services under subdivision (b)(2), subdivision (b)(3), or subdivision (b)(5) of this section, issues bonds or other indebtedness to acquire, construct, furnish, or equip facilities for the provision of voice services, data services, broadband services, video services, or wireless telecommunications services through a special tax or general obligation bond initiative, then the government entity shall: (i) Partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities to be acquired or constructed; (ii) Conduct the due diligence required by the industry for the project and required by law for the bonds or indebtedness utilized for the project; (iii) Provide notice at least ten (10) days before a public hearing on the project; (iv) After due notice has been provided as described in subdivision (b)(6)(B)(iii) of this section, conduct a public hearing on the project; and (v) Cause an election to be held as required by law. (c) A governmental entity that operates an electric utility system may deny any telecommunications provider access to its electric utility poles, ducts, conduits, or rights-of-way on a nondiscriminatory basis when there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes. (d) (1) Except to the extent required by the federal act and this subchapter, the commission shall not require an incumbent local exchange carrier to negotiate resale of its retail telecommunications services, to provide interconnection, or to sell unbundled network elements to a competing local exchange carrier for the purpose of allowing the competing local exchange carrier to compete with the incumbent local exchange carrier in the provision of basic local exchange service. (2) Promotional prices, service packages, trial offerings, or temporary discounts offered by the local exchange carrier to its end-user customers are not required to be available for resale. (e) The prices for unbundled network elements shall include the actual costs, including an allocation of joint and common costs and a reasonable profit. (f) As provided in 47 U.S.C. §§ 251 and 252 , the commission's authority with respect to interconnection, resale, and unbundling is limited to the terms, conditions, and agreements pursuant to which an incumbent local exchange carrier will provide interconnection, resale, or unbundling to a CLEC for the purpose of the CLEC's competing with the incumbent local exchange carrier in the provision of telecommunications services to end-user customers. (g) (1) As permitted by the federal act, the commission shall approve resale restrictions that prohibit resellers from purchasing retail local exchange services offered by a local exchange carrier to residential customers and reselling those retail services to nonresidential customers, or aggregating the usage of multiple customers on resold local exchange services, or any other reasonable limitation on resale to the extent permitted by the federal act. (2) The wholesale rate of any existing retail telecommunications services provided by local exchange carriers that are not exempt from 47 U.S.C. § 251(c) and that are being sold for the purpose of resale shall be the retail rate of the service less any net avoided costs due to the resale. (3) The net avoided costs shall be calculated as the total of the costs that will not be incurred by the local exchange carrier due to its selling the service for resale less any additional costs that will be incurred as a result of selling the service for the purpose of resale. (h) Incumbent local exchange carriers shall provide competing local exchange carriers, at reasonable rates, nondiscriminatory access to operator services, directory listings and assistance, and 911 service only to the extent required in the federal act. (i) (1) The commission shall approve any negotiated interconnection agreement or statement of generally available terms filed pursuant to the federal act unless it is shown by clear and convincing evidence that the agreement or statement does not meet the minimum requirements of 47 U.S.C. § 251 . (2) In no event shall the commission impose any interconnection requirements that go beyond those requirements imposed by the federal act or any interconnection regulations or standards promulgated under the federal act. (j) In the event the commission is requested to arbitrate any open issues pursuant to 47 U.S.C. § 252 , the parties to the arbitration proceeding shall be limited to the persons or entities negotiating the agreement. Amended by Act 2021, No. 67,§ 2, eff. 2/4/2021. Amended by Act 2019, No. 910,§ 6252, eff. 7/1/2019. Amended by Act 2019, No. 198,§ 3, eff. 2/26/2019. Amended by Act 2013, No. 1133,§ 3, eff. 8/16/2013. Acts 1997, No. 77, § 9; 2003, No. 1788, § 8; 2011, No. 1050, § 1.

(a) (1) (A) Consistent with the federal act and the provisions of § 23-17-410 , the Arkansas Public Service Commission is authorized to grant certificates of convenience and necessity to telecommunications providers authorizing them to provide telecommunications services, including basic local exchange service or switched-access service, or both, to an incumbent local exchange carrier's local exchange area if and to the extent that the applications otherwise comply with state law, designate the geographic areas proposed to be served by the applicants, and the applicants demonstrate that they possess the financial, technical, and managerial capacity to provide the competing services. (B) No telecommunications provider shall operate as a CLEC in this state without first obtaining from the commission a certificate of public convenience and necessity. (2) Competing local exchange carriers shall be required to maintain a current tariff or price list with the commission and to make prices and terms of service available for public inspection. (3) Retail prices of competing local exchange carriers shall not require prior review or approval by the commission.

(1) (A) Consistent with the federal act and the provisions of § 23-17-410 , the Arkansas Public Service Commission is authorized to grant certificates of convenience and necessity to telecommunications providers authorizing them to provide telecommunications services, including basic local exchange service or switched-access service, or both, to an incumbent local exchange carrier's local exchange area if and to the extent that the applications otherwise comply with state law, designate the geographic areas proposed to be served by the applicants, and the applicants demonstrate that they possess the financial, technical, and managerial capacity to provide the competing services. (B) No telecommunications provider shall operate as a CLEC in this state without first obtaining from the commission a certificate of public convenience and necessity.

(A) Consistent with the federal act and the provisions of § 23-17-410 , the Arkansas Public Service Commission is authorized to grant certificates of convenience and necessity to telecommunications providers authorizing them to provide telecommunications services, including basic local exchange service or switched-access service, or both, to an incumbent local exchange carrier's local exchange area if and to the extent that the applications otherwise comply with state law, designate the geographic areas proposed to be served by the applicants, and the applicants demonstrate that they possess the financial, technical, and managerial capacity to provide the competing services.

(B) No telecommunications provider shall operate as a CLEC in this state without first obtaining from the commission a certificate of public convenience and necessity.

(2) Competing local exchange carriers shall be required to maintain a current tariff or price list with the commission and to make prices and terms of service available for public inspection.

(3) Retail prices of competing local exchange carriers shall not require prior review or approval by the commission.

(b) (1) Except as otherwise provided in subdivisions (b)(2), (b)(5), and (b)(6) of this section, a government entity shall not provide, directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunications services. (2) After reasonable notice to the public and a public hearing, a government entity owning an electric utility system or television signal distribution system may provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services and make any telecommunications capacity or associated facilities that the government entity now owns, or may construct or acquire, available to the public upon terms and conditions as may be established by the government entity's governing authority, except the government entity may not use the telecommunications capacity or associated facilities to provide, directly or indirectly, basic local exchange service. (3) Any restriction contained in this subsection shall not be applicable to the provision of telecommunications services to the extent the telecommunications services are used solely for 911, E911, or other emergency and law enforcement services, or for the provision of data, broadband, or non-entertainment video telecommunications services or facilities by or to a medical institution or an institution of higher education to its students, faculty, staff, or patients, as the provision of the telecommunications services or facilities relates to academic, research, and healthcare information technology applications under the Arkansas Information Systems Act of 1997, § 25-4-101 et seq. (4) A government entity may purchase voice, data, broadband, video, or wireless telecommunications services, directly or indirectly, from a private provider through a contract administered and services managed by the Division of Information Systems under the Arkansas Information Systems Act of 1997, § 25-4-101 et seq. (5) A government entity may, on its own or in partnership with a private entity, apply for funding under a program for grants or loans to be used for the construction, acquisition, or leasing of facilities, land, or buildings used to deploy broadband services in unserved areas, as defined under the terms of the granting or lending program, and if the funding is awarded, then provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services to the public in the unserved areas. (6) (A) A government entity may acquire, construct, furnish, equip, own, operate, sell, convey, lease, rent, let, assign, dispose of, contract for, or otherwise deal in facilities and apparatus for one (1) or more of the following: (i) Voice services; (ii) Data services; (iii) Broadband services; (iv) Video services; or (v) Wireless telecommunications services. (B) If a government entity, other than a government entity qualified to provide services under subdivision (b)(2), subdivision (b)(3), or subdivision (b)(5) of this section, issues bonds or other indebtedness to acquire, construct, furnish, or equip facilities for the provision of voice services, data services, broadband services, video services, or wireless telecommunications services through a special tax or general obligation bond initiative, then the government entity shall: (i) Partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities to be acquired or constructed; (ii) Conduct the due diligence required by the industry for the project and required by law for the bonds or indebtedness utilized for the project; (iii) Provide notice at least ten (10) days before a public hearing on the project; (iv) After due notice has been provided as described in subdivision (b)(6)(B)(iii) of this section, conduct a public hearing on the project; and (v) Cause an election to be held as required by law.

(1) Except as otherwise provided in subdivisions (b)(2), (b)(5), and (b)(6) of this section, a government entity shall not provide, directly or indirectly, basic local exchange, voice, data, broadband, video, or wireless telecommunications services.

(2) After reasonable notice to the public and a public hearing, a government entity owning an electric utility system or television signal distribution system may provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services and make any telecommunications capacity or associated facilities that the government entity now owns, or may construct or acquire, available to the public upon terms and conditions as may be established by the government entity's governing authority, except the government entity may not use the telecommunications capacity or associated facilities to provide, directly or indirectly, basic local exchange service.

(3) Any restriction contained in this subsection shall not be applicable to the provision of telecommunications services to the extent the telecommunications services are used solely for 911, E911, or other emergency and law enforcement services, or for the provision of data, broadband, or non-entertainment video telecommunications services or facilities by or to a medical institution or an institution of higher education to its students, faculty, staff, or patients, as the provision of the telecommunications services or facilities relates to academic, research, and healthcare information technology applications under the Arkansas Information Systems Act of 1997, § 25-4-101 et seq.

(4) A government entity may purchase voice, data, broadband, video, or wireless telecommunications services, directly or indirectly, from a private provider through a contract administered and services managed by the Division of Information Systems under the Arkansas Information Systems Act of 1997, § 25-4-101 et seq.

(5) A government entity may, on its own or in partnership with a private entity, apply for funding under a program for grants or loans to be used for the construction, acquisition, or leasing of facilities, land, or buildings used to deploy broadband services in unserved areas, as defined under the terms of the granting or lending program, and if the funding is awarded, then provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services to the public in the unserved areas.

(6) (A) A government entity may acquire, construct, furnish, equip, own, operate, sell, convey, lease, rent, let, assign, dispose of, contract for, or otherwise deal in facilities and apparatus for one (1) or more of the following: (i) Voice services; (ii) Data services; (iii) Broadband services; (iv) Video services; or (v) Wireless telecommunications services. (B) If a government entity, other than a government entity qualified to provide services under subdivision (b)(2), subdivision (b)(3), or subdivision (b)(5) of this section, issues bonds or other indebtedness to acquire, construct, furnish, or equip facilities for the provision of voice services, data services, broadband services, video services, or wireless telecommunications services through a special tax or general obligation bond initiative, then the government entity shall: (i) Partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities to be acquired or constructed; (ii) Conduct the due diligence required by the industry for the project and required by law for the bonds or indebtedness utilized for the project; (iii) Provide notice at least ten (10) days before a public hearing on the project; (iv) After due notice has been provided as described in subdivision (b)(6)(B)(iii) of this section, conduct a public hearing on the project; and (v) Cause an election to be held as required by law.

(A) A government entity may acquire, construct, furnish, equip, own, operate, sell, convey, lease, rent, let, assign, dispose of, contract for, or otherwise deal in facilities and apparatus for one (1) or more of the following: (i) Voice services; (ii) Data services; (iii) Broadband services; (iv) Video services; or (v) Wireless telecommunications services.

(i) Voice services;

(ii) Data services;

(iii) Broadband services;

(iv) Video services; or

(v) Wireless telecommunications services.

(B) If a government entity, other than a government entity qualified to provide services under subdivision (b)(2), subdivision (b)(3), or subdivision (b)(5) of this section, issues bonds or other indebtedness to acquire, construct, furnish, or equip facilities for the provision of voice services, data services, broadband services, video services, or wireless telecommunications services through a special tax or general obligation bond initiative, then the government entity shall: (i) Partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities to be acquired or constructed; (ii) Conduct the due diligence required by the industry for the project and required by law for the bonds or indebtedness utilized for the project; (iii) Provide notice at least ten (10) days before a public hearing on the project; (iv) After due notice has been provided as described in subdivision (b)(6)(B)(iii) of this section, conduct a public hearing on the project; and (v) Cause an election to be held as required by law.

(i) Partner, contract, or otherwise affiliate with an entity that is experienced in the operation of the facilities to be acquired or constructed;

(ii) Conduct the due diligence required by the industry for the project and required by law for the bonds or indebtedness utilized for the project;

(iii) Provide notice at least ten (10) days before a public hearing on the project;

(iv) After due notice has been provided as described in subdivision (b)(6)(B)(iii) of this section, conduct a public hearing on the project; and

(v) Cause an election to be held as required by law.

(c) A governmental entity that operates an electric utility system may deny any telecommunications provider access to its electric utility poles, ducts, conduits, or rights-of-way on a nondiscriminatory basis when there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.

(d) (1) Except to the extent required by the federal act and this subchapter, the commission shall not require an incumbent local exchange carrier to negotiate resale of its retail telecommunications services, to provide interconnection, or to sell unbundled network elements to a competing local exchange carrier for the purpose of allowing the competing local exchange carrier to compete with the incumbent local exchange carrier in the provision of basic local exchange service. (2) Promotional prices, service packages, trial offerings, or temporary discounts offered by the local exchange carrier to its end-user customers are not required to be available for resale.

(1) Except to the extent required by the federal act and this subchapter, the commission shall not require an incumbent local exchange carrier to negotiate resale of its retail telecommunications services, to provide interconnection, or to sell unbundled network elements to a competing local exchange carrier for the purpose of allowing the competing local exchange carrier to compete with the incumbent local exchange carrier in the provision of basic local exchange service.

(2) Promotional prices, service packages, trial offerings, or temporary discounts offered by the local exchange carrier to its end-user customers are not required to be available for resale.

(e) The prices for unbundled network elements shall include the actual costs, including an allocation of joint and common costs and a reasonable profit.

(f) As provided in 47 U.S.C. §§ 251 and 252 , the commission's authority with respect to interconnection, resale, and unbundling is limited to the terms, conditions, and agreements pursuant to which an incumbent local exchange carrier will provide interconnection, resale, or unbundling to a CLEC for the purpose of the CLEC's competing with the incumbent local exchange carrier in the provision of telecommunications services to end-user customers.

(g) (1) As permitted by the federal act, the commission shall approve resale restrictions that prohibit resellers from purchasing retail local exchange services offered by a local exchange carrier to residential customers and reselling those retail services to nonresidential customers, or aggregating the usage of multiple customers on resold local exchange services, or any other reasonable limitation on resale to the extent permitted by the federal act. (2) The wholesale rate of any existing retail telecommunications services provided by local exchange carriers that are not exempt from 47 U.S.C. § 251(c) and that are being sold for the purpose of resale shall be the retail rate of the service less any net avoided costs due to the resale. (3) The net avoided costs shall be calculated as the total of the costs that will not be incurred by the local exchange carrier due to its selling the service for resale less any additional costs that will be incurred as a result of selling the service for the purpose of resale.

(1) As permitted by the federal act, the commission shall approve resale restrictions that prohibit resellers from purchasing retail local exchange services offered by a local exchange carrier to residential customers and reselling those retail services to nonresidential customers, or aggregating the usage of multiple customers on resold local exchange services, or any other reasonable limitation on resale to the extent permitted by the federal act.

(2) The wholesale rate of any existing retail telecommunications services provided by local exchange carriers that are not exempt from 47 U.S.C. § 251(c) and that are being sold for the purpose of resale shall be the retail rate of the service less any net avoided costs due to the resale.

(3) The net avoided costs shall be calculated as the total of the costs that will not be incurred by the local exchange carrier due to its selling the service for resale less any additional costs that will be incurred as a result of selling the service for the purpose of resale.

(h) Incumbent local exchange carriers shall provide competing local exchange carriers, at reasonable rates, nondiscriminatory access to operator services, directory listings and assistance, and 911 service only to the extent required in the federal act.

(i) (1) The commission shall approve any negotiated interconnection agreement or statement of generally available terms filed pursuant to the federal act unless it is shown by clear and convincing evidence that the agreement or statement does not meet the minimum requirements of 47 U.S.C. § 251 . (2) In no event shall the commission impose any interconnection requirements that go beyond those requirements imposed by the federal act or any interconnection regulations or standards promulgated under the federal act.

(1) The commission shall approve any negotiated interconnection agreement or statement of generally available terms filed pursuant to the federal act unless it is shown by clear and convincing evidence that the agreement or statement does not meet the minimum requirements of 47 U.S.C. § 251 .

(2) In no event shall the commission impose any interconnection requirements that go beyond those requirements imposed by the federal act or any interconnection regulations or standards promulgated under the federal act.

(j) In the event the commission is requested to arbitrate any open issues pursuant to 47 U.S.C. § 252 , the parties to the arbitration proceeding shall be limited to the persons or entities negotiating the agreement.

Amended by Act 2021, No. 67,§ 2, eff. 2/4/2021.

Amended by Act 2019, No. 910,§ 6252, eff. 7/1/2019.

Amended by Act 2019, No. 198,§ 3, eff. 2/26/2019.

Amended by Act 2013, No. 1133,§ 3, eff. 8/16/2013.

Acts 1997, No. 77, § 9; 2003, No. 1788, § 8; 2011, No. 1050, § 1.
Ark. Code Ann. § 23-91-205 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-205
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 21; A.S.A. 1947, § 66-5421.

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

Acts 1977, No. 368, § 21; A.S.A. 1947, § 66-5421.
Ark. Code Ann. § 23-51-165 — AR Code / Title 23 / Chapter 51 / Section 23-51-165
Companies authorized to act as fiduciaries
Status: in_force

(a) A company shall not act as a fiduciary in this state except: (1) A state trust company; (2) A state bank; (3) An association organized under the laws of this state and authorized to act as a fiduciary under § 23-37-101 et seq.; (4) A national bank having its principal office in this state and authorized by the United States Comptroller of the Currency to act as a fiduciary under 12 U.S.C. § 92a ; (5) A federally chartered savings association having its principal office in this state and authorized by its federal chartering authority to act as a fiduciary; (6) A subsidiary trust company authorized to act as a fiduciary under § 23-47-801 et seq.; (7) An out-of-state bank with a branch in this state established or maintained under the Arkansas Interstate Banking and Branching Act, § 23-48-901 et seq., or a trust office licensed by the Bank Commissioner under this chapter; (8) An out-of-state trust company with a trust office licensed by the commissioner under this chapter; or (9) A foundation. (b) A company shall not engage in an unauthorized trust activity. Amended by Act 2019, No. 836,§ 4, eff. 7/24/2019. Acts 1997, No. 940, § 65.

(a) A company shall not act as a fiduciary in this state except: (1) A state trust company; (2) A state bank; (3) An association organized under the laws of this state and authorized to act as a fiduciary under § 23-37-101 et seq.; (4) A national bank having its principal office in this state and authorized by the United States Comptroller of the Currency to act as a fiduciary under 12 U.S.C. § 92a ; (5) A federally chartered savings association having its principal office in this state and authorized by its federal chartering authority to act as a fiduciary; (6) A subsidiary trust company authorized to act as a fiduciary under § 23-47-801 et seq.; (7) An out-of-state bank with a branch in this state established or maintained under the Arkansas Interstate Banking and Branching Act, § 23-48-901 et seq., or a trust office licensed by the Bank Commissioner under this chapter; (8) An out-of-state trust company with a trust office licensed by the commissioner under this chapter; or (9) A foundation.

(1) A state trust company;

(2) A state bank;

(3) An association organized under the laws of this state and authorized to act as a fiduciary under § 23-37-101 et seq.;

(4) A national bank having its principal office in this state and authorized by the United States Comptroller of the Currency to act as a fiduciary under 12 U.S.C. § 92a ;

(5) A federally chartered savings association having its principal office in this state and authorized by its federal chartering authority to act as a fiduciary;

(6) A subsidiary trust company authorized to act as a fiduciary under § 23-47-801 et seq.;

(7) An out-of-state bank with a branch in this state established or maintained under the Arkansas Interstate Banking and Branching Act, § 23-48-901 et seq., or a trust office licensed by the Bank Commissioner under this chapter;

(8) An out-of-state trust company with a trust office licensed by the commissioner under this chapter; or

(9) A foundation.

(b) A company shall not engage in an unauthorized trust activity.

Amended by Act 2019, No. 836,§ 4, eff. 7/24/2019.

Acts 1997, No. 940, § 65.
Ark. Code Ann. § 23-4-624 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-624
Interim implementation of suspended rates
Status: in_force

(a) If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Department of Transportation narrating the alleged circumstances and requesting a hearing on the petition. (b) The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the department and the utility. (c) If the department finds at the hearing that there is substantial merit to the allegations of the utility's claims, the department may permit all or a portion of the rate to become effective if there is filed with the department a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the department for the protection of the parties interested. (d) The findings of the department relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition. Amended by Act 2017, No. 707,§ 122, eff. 8/1/2017. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

(a) If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Department of Transportation narrating the alleged circumstances and requesting a hearing on the petition.

(b) The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the department and the utility.

(c) If the department finds at the hearing that there is substantial merit to the allegations of the utility's claims, the department may permit all or a portion of the rate to become effective if there is filed with the department a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the department for the protection of the parties interested.

(d) The findings of the department relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition.

Amended by Act 2017, No. 707,§ 122, eff. 8/1/2017.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-12-510 — AR Code / Title 23 / Chapter 12 / Subchapter 5 / Section 23-12-510
Limit of hours on duty of telephone and telegraph operators for railroads - Penalties
Status: in_force

(a) It shall be unlawful for any person, corporation, association, or their agents or officials operating a railroad within this state to permit any of the following to be on duty for more than eight (8) hours in any twenty-four (24) consecutive hours: (1) Any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the trains, and operating one (1) or more train order signals; (2) Telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of the line, connecting sidetracks or switches; or (3) Train dispatchers in its service whose duties pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section. (b) (1) Any person, corporation, association, or their agents or officials that shall violate subsection (a) of this section shall pay a fine of five hundred dollars ($500) for each violation of this section. (2) The fine mentioned in subdivision (b)(1) of this section shall be recovered by an action in the name of the State of Arkansas for the use of the state, who shall sue for it against the person, corporation, association, agent, or official violating this section. The suit is to be instituted in any court in this state having appropriate jurisdiction. (3) The fine, when recovered, shall be paid without any deduction whatever to the State of Arkansas, for whose use the suit was instituted. Acts 1907, No. 282, §§ 1-4, p. 656; C. & M. Dig., §§ 7080, 7081; Pope's Dig., §§ 9062, 9063; A.S.A. 1947, §§ 73-908 -- 73-911.

(a) It shall be unlawful for any person, corporation, association, or their agents or officials operating a railroad within this state to permit any of the following to be on duty for more than eight (8) hours in any twenty-four (24) consecutive hours: (1) Any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the trains, and operating one (1) or more train order signals; (2) Telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of the line, connecting sidetracks or switches; or (3) Train dispatchers in its service whose duties pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section.

(1) Any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the trains, and operating one (1) or more train order signals;

(2) Telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of the line, connecting sidetracks or switches; or

(3) Train dispatchers in its service whose duties pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section.

(b) (1) Any person, corporation, association, or their agents or officials that shall violate subsection (a) of this section shall pay a fine of five hundred dollars ($500) for each violation of this section. (2) The fine mentioned in subdivision (b)(1) of this section shall be recovered by an action in the name of the State of Arkansas for the use of the state, who shall sue for it against the person, corporation, association, agent, or official violating this section. The suit is to be instituted in any court in this state having appropriate jurisdiction. (3) The fine, when recovered, shall be paid without any deduction whatever to the State of Arkansas, for whose use the suit was instituted.

(1) Any person, corporation, association, or their agents or officials that shall violate subsection (a) of this section shall pay a fine of five hundred dollars ($500) for each violation of this section.

(2) The fine mentioned in subdivision (b)(1) of this section shall be recovered by an action in the name of the State of Arkansas for the use of the state, who shall sue for it against the person, corporation, association, agent, or official violating this section. The suit is to be instituted in any court in this state having appropriate jurisdiction.

(3) The fine, when recovered, shall be paid without any deduction whatever to the State of Arkansas, for whose use the suit was instituted.

Acts 1907, No. 282, §§ 1-4, p. 656; C. & M. Dig., §§ 7080, 7081; Pope's Dig., §§ 9062, 9063; A.S.A. 1947, §§ 73-908 -- 73-911.
Ark. Code Ann. § 23-89-202 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-202
Required first party coverage
Status: in_force

Every automobile liability insurance policy covering any private passenger motor vehicle issued or delivered in this state shall provide minimum medical and hospital benefits, income disability, and accidental death benefits under policy provisions and on forms approved by the Insurance Commissioner to the named insured and members of his or her family residing in the same household injured in a motor vehicle accident, to passengers injured while occupying the insured motor vehicle, and to persons other than those occupying another vehicle struck by the insured motor vehicle, without regard to fault, as follows: (1) Medical and Hospital Benefits. All reasonable and necessary expenses for medical, hospital, nursing, dental, surgical, ambulance, funeral expenses, and prosthetic services incurred within twenty-four (24) months after the automobile accident, up to an aggregate of five thousand dollars ($5,000) per person, and may include any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. Expenses for hospital room charges may be limited to semiprivate accommodations; (2) Income Disability Benefits. Seventy percent (70%) of the loss of income from work during a period commencing eight (8) days after the date of the accident, and not to exceed fifty-two (52) weeks, but subject to a maximum of one hundred forty dollars ($140) per week. In the case of a nonincome earner, the benefits shall consist of expenses not to exceed seventy dollars ($70.00) per week, or any fractional part of a week, which are reasonably incurred for essential services in lieu of those the injured person would have performed without income during a period commencing eight (8) days after the date of the accident and not to exceed fifty-two (52) weeks; and (3) Accidental Death Benefits. The sum of five thousand dollars ($5,000), to be paid to the personal representative of the insured, should injury, sickness, or disease resulting from an automobile accident cause death within one (1) year from the date of the accident. Acts 1973, No. 138, § 1; 1981, No. 802, § 1; A.S.A. 1947, § 66-4014; Acts 1987, No. 336, § 1.

Every automobile liability insurance policy covering any private passenger motor vehicle issued or delivered in this state shall provide minimum medical and hospital benefits, income disability, and accidental death benefits under policy provisions and on forms approved by the Insurance Commissioner to the named insured and members of his or her family residing in the same household injured in a motor vehicle accident, to passengers injured while occupying the insured motor vehicle, and to persons other than those occupying another vehicle struck by the insured motor vehicle, without regard to fault, as follows:

(1) Medical and Hospital Benefits. All reasonable and necessary expenses for medical, hospital, nursing, dental, surgical, ambulance, funeral expenses, and prosthetic services incurred within twenty-four (24) months after the automobile accident, up to an aggregate of five thousand dollars ($5,000) per person, and may include any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. Expenses for hospital room charges may be limited to semiprivate accommodations;

(2) Income Disability Benefits. Seventy percent (70%) of the loss of income from work during a period commencing eight (8) days after the date of the accident, and not to exceed fifty-two (52) weeks, but subject to a maximum of one hundred forty dollars ($140) per week. In the case of a nonincome earner, the benefits shall consist of expenses not to exceed seventy dollars ($70.00) per week, or any fractional part of a week, which are reasonably incurred for essential services in lieu of those the injured person would have performed without income during a period commencing eight (8) days after the date of the accident and not to exceed fifty-two (52) weeks; and

(3) Accidental Death Benefits. The sum of five thousand dollars ($5,000), to be paid to the personal representative of the insured, should injury, sickness, or disease resulting from an automobile accident cause death within one (1) year from the date of the accident.

Acts 1973, No. 138, § 1; 1981, No. 802, § 1; A.S.A. 1947, § 66-4014; Acts 1987, No. 336, § 1.
Ark. Code Ann. § 23-87-110 — AR Code / Title 23 / Chapter 87 / Section 23-87-110
Provisions of policies and certificates of insurance
Status: in_force

(a) All credit life insurance and credit disability insurance sold shall be evidenced by an individual policy or, in the case of group insurance, by a certificate of insurance. The individual policy or group certificate of insurance shall be delivered to the debtor. (b) In addition to other requirements of law, each individual policy or group certificate of credit life insurance and credit disability insurance shall set forth the name and home office address of the insurer, the identity by name or otherwise of the person or persons insured, the rate or amount of payment, if any, by the debtor separately in connection with credit life insurance and credit disability insurance, and a description of the coverage, including any exceptions, limitations, or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, whenever the amount of insurance may exceed the unpaid indebtedness, that any excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his or her estate. (c) (1) An individual policy, group certificate of insurance for credit life insurance and credit disability insurance, or a related form or document delivered to the debtor shall fully disclose to the debtor that purchase of credit life insurance and credit disability insurance is voluntary and is not required as a condition for the extension of credit. (2) A credit life insurance and credit disability insurance policy or related form or document shall be filed with and approved by the Insurance Commissioner before it may be used in this state. (3) (A) The commissioner's approval of a credit life insurance and credit disability insurance policy or related form or document shall be prima facie evidence that the language of the policy is not contrary to the Arkansas Insurance Code. (B) There shall be no private cause of action challenging the validity or propriety of a policy or related form approved by the commissioner. (C) Any action or process challenging or questioning the validity of a credit life insurance and credit disability insurance policy or related form approved by the commissioner shall be brought only in the State Insurance Department under applicable provisions of the Arkansas Insurance Code or under procedures established by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) The sale of credit life insurance or credit disability insurance shall not create a fiduciary relationship between the insurer and the insured. (e) The insured's signature on an individual policy or group certificate of insurance of credit life insurance and credit disability insurance or a related document provided to the insured, evidencing the insured's election to purchase insurance in connection with a loan, shall be prima facie evidence of the insured's voluntary election to purchase the insurance. Acts 1959, No. 148, § 434; A.S.A. 1947, § 66-3808; Acts 2003, No. 1794, § 2.

(a) All credit life insurance and credit disability insurance sold shall be evidenced by an individual policy or, in the case of group insurance, by a certificate of insurance. The individual policy or group certificate of insurance shall be delivered to the debtor.

(b) In addition to other requirements of law, each individual policy or group certificate of credit life insurance and credit disability insurance shall set forth the name and home office address of the insurer, the identity by name or otherwise of the person or persons insured, the rate or amount of payment, if any, by the debtor separately in connection with credit life insurance and credit disability insurance, and a description of the coverage, including any exceptions, limitations, or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, whenever the amount of insurance may exceed the unpaid indebtedness, that any excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his or her estate.

(c) (1) An individual policy, group certificate of insurance for credit life insurance and credit disability insurance, or a related form or document delivered to the debtor shall fully disclose to the debtor that purchase of credit life insurance and credit disability insurance is voluntary and is not required as a condition for the extension of credit. (2) A credit life insurance and credit disability insurance policy or related form or document shall be filed with and approved by the Insurance Commissioner before it may be used in this state. (3) (A) The commissioner's approval of a credit life insurance and credit disability insurance policy or related form or document shall be prima facie evidence that the language of the policy is not contrary to the Arkansas Insurance Code. (B) There shall be no private cause of action challenging the validity or propriety of a policy or related form approved by the commissioner. (C) Any action or process challenging or questioning the validity of a credit life insurance and credit disability insurance policy or related form approved by the commissioner shall be brought only in the State Insurance Department under applicable provisions of the Arkansas Insurance Code or under procedures established by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) An individual policy, group certificate of insurance for credit life insurance and credit disability insurance, or a related form or document delivered to the debtor shall fully disclose to the debtor that purchase of credit life insurance and credit disability insurance is voluntary and is not required as a condition for the extension of credit.

(2) A credit life insurance and credit disability insurance policy or related form or document shall be filed with and approved by the Insurance Commissioner before it may be used in this state.

(3) (A) The commissioner's approval of a credit life insurance and credit disability insurance policy or related form or document shall be prima facie evidence that the language of the policy is not contrary to the Arkansas Insurance Code. (B) There shall be no private cause of action challenging the validity or propriety of a policy or related form approved by the commissioner. (C) Any action or process challenging or questioning the validity of a credit life insurance and credit disability insurance policy or related form approved by the commissioner shall be brought only in the State Insurance Department under applicable provisions of the Arkansas Insurance Code or under procedures established by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) The commissioner's approval of a credit life insurance and credit disability insurance policy or related form or document shall be prima facie evidence that the language of the policy is not contrary to the Arkansas Insurance Code.

(B) There shall be no private cause of action challenging the validity or propriety of a policy or related form approved by the commissioner.

(C) Any action or process challenging or questioning the validity of a credit life insurance and credit disability insurance policy or related form approved by the commissioner shall be brought only in the State Insurance Department under applicable provisions of the Arkansas Insurance Code or under procedures established by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) The sale of credit life insurance or credit disability insurance shall not create a fiduciary relationship between the insurer and the insured.

(e) The insured's signature on an individual policy or group certificate of insurance of credit life insurance and credit disability insurance or a related document provided to the insured, evidencing the insured's election to purchase insurance in connection with a loan, shall be prima facie evidence of the insured's voluntary election to purchase the insurance.

Acts 1959, No. 148, § 434; A.S.A. 1947, § 66-3808; Acts 2003, No. 1794, § 2.
Ark. Code Ann. § 23-99-1602 — AR Code / Title 23 / Chapter 99 / Subchapter 16 / Section 23-99-1602
Definitions
Status: in_force

As used in this subchapter: (1) "Authorized designee" means an entity that is: (A) Designated by a healthcare payor to operate on its behalf; and (B) Authorized to access an enrollee's protected health information under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as it existed on January 1, 2023; (2) "Enrollee" means an individual who is entitled to receive healthcare services under the terms of a health benefit plan; (3) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan; (4) (A) "Healthcare payor" means: (i) A health insurance company; (ii) A health maintenance organization; (iii) A hospital and medical service corporation; or (iv) An entity that: (a) Provides or administers a self-funded health benefit plan, including a governmental plan; or (b) Performs utilization review for a self-funded health benefit plan, including a governmental plan. (B) "Healthcare payor" includes any entity that is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (C) "Healthcare payor" does not include an entity that provides only dental benefits or eye and vision care benefits; (5) (A) "Healthcare provider" means a person that is licensed, certified, or otherwise authorized by the laws of this state to provide healthcare services. (B) "Healthcare provider" includes only: (i) Advanced practice nurses; (ii) Athletic trainers; (iii) Audiologists; (iv) Certified behavioral health providers; (v) Certified orthotists; (vi) Chiropractors; (vii) Community mental health centers or clinics; (viii) Dentists; (ix) Home health care; (x) Hospice care; (xi) Hospital-based services; (xii) Hospitals; (xiii) Licensed ambulatory surgery centers; (xiv) Licensed certified social workers; (xv) Licensed dieticians; (xvi) Licensed intellectual and developmental disabilities service providers; (xvii) Licensed professional counselors; (xviii) Licensed psychological examiners; (xix) Long-term care facilities; (xx) Occupational therapists; (xxi) Optometrists; (xxii) Pharmacists; (xxiii) Physical therapists; (xxiv) Physicians and surgeons; (xxv) Podiatrists; (xxvi) Prosthetists; (xxvii) Psychologists; (xxviii) Respiratory therapists; (xxix) Rural health clinics; and (xxx) Speech pathologists; (6) "Healthcare services" means services and products, including prescription medication, provided by a healthcare provider within the scope of the healthcare provider's license; (7) (A) "Medical records" means the hospital or clinic records, physicians' records, or other healthcare records that a healthcare provider retains on an enrollee related to the enrollee's medical conditions. (B) "Medical records" includes other reports, documents, or records that a healthcare provider has concerning: (i) The healthcare services provided to the enrollee; (ii) The enrollee's medical history; and (iii) Prescription medications written, procedures ordered, or any other information related to the patient's overall health; and (8) "Prescription medication" means a drug or biologic that is prescribed by a healthcare provider to an enrollee for the purpose of alleviating, curing, preventing, or healing illness, injury, or physical disability. Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.

As used in this subchapter:

(1) "Authorized designee" means an entity that is: (A) Designated by a healthcare payor to operate on its behalf; and (B) Authorized to access an enrollee's protected health information under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as it existed on January 1, 2023;

(A) Designated by a healthcare payor to operate on its behalf; and

(B) Authorized to access an enrollee's protected health information under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as it existed on January 1, 2023;

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

(3) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan;

(A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state.

(B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.

(i) Indemnity and managed care plans; and

(ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.

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

(i) A plan that provides only dental benefits or eye and vision care benefits;

(ii) A disability income plan;

(iii) A credit insurance plan;

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

(v) Medical payments under an automobile or homeowners insurance plan;

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

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

(viii) An accident-only plan; or

(ix) A specified disease plan;

(4) (A) "Healthcare payor" means: (i) A health insurance company; (ii) A health maintenance organization; (iii) A hospital and medical service corporation; or (iv) An entity that: (a) Provides or administers a self-funded health benefit plan, including a governmental plan; or (b) Performs utilization review for a self-funded health benefit plan, including a governmental plan. (B) "Healthcare payor" includes any entity that is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (C) "Healthcare payor" does not include an entity that provides only dental benefits or eye and vision care benefits;

(A) "Healthcare payor" means: (i) A health insurance company; (ii) A health maintenance organization; (iii) A hospital and medical service corporation; or (iv) An entity that: (a) Provides or administers a self-funded health benefit plan, including a governmental plan; or (b) Performs utilization review for a self-funded health benefit plan, including a governmental plan.

(i) A health insurance company;

(ii) A health maintenance organization;

(iii) A hospital and medical service corporation; or

(iv) An entity that: (a) Provides or administers a self-funded health benefit plan, including a governmental plan; or (b) Performs utilization review for a self-funded health benefit plan, including a governmental plan.

(a) Provides or administers a self-funded health benefit plan, including a governmental plan; or

(b) Performs utilization review for a self-funded health benefit plan, including a governmental plan.

(B) "Healthcare payor" includes any entity that is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.

(i) The insurance laws of this state;

(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or

(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.

(C) "Healthcare payor" does not include an entity that provides only dental benefits or eye and vision care benefits;

(5) (A) "Healthcare provider" means a person that is licensed, certified, or otherwise authorized by the laws of this state to provide healthcare services. (B) "Healthcare provider" includes only: (i) Advanced practice nurses; (ii) Athletic trainers; (iii) Audiologists; (iv) Certified behavioral health providers; (v) Certified orthotists; (vi) Chiropractors; (vii) Community mental health centers or clinics; (viii) Dentists; (ix) Home health care; (x) Hospice care; (xi) Hospital-based services; (xii) Hospitals; (xiii) Licensed ambulatory surgery centers; (xiv) Licensed certified social workers; (xv) Licensed dieticians; (xvi) Licensed intellectual and developmental disabilities service providers; (xvii) Licensed professional counselors; (xviii) Licensed psychological examiners; (xix) Long-term care facilities; (xx) Occupational therapists; (xxi) Optometrists; (xxii) Pharmacists; (xxiii) Physical therapists; (xxiv) Physicians and surgeons; (xxv) Podiatrists; (xxvi) Prosthetists; (xxvii) Psychologists; (xxviii) Respiratory therapists; (xxix) Rural health clinics; and (xxx) Speech pathologists;

(A) "Healthcare provider" means a person that is licensed, certified, or otherwise authorized by the laws of this state to provide healthcare services.

(B) "Healthcare provider" includes only: (i) Advanced practice nurses; (ii) Athletic trainers; (iii) Audiologists; (iv) Certified behavioral health providers; (v) Certified orthotists; (vi) Chiropractors; (vii) Community mental health centers or clinics; (viii) Dentists; (ix) Home health care; (x) Hospice care; (xi) Hospital-based services; (xii) Hospitals; (xiii) Licensed ambulatory surgery centers; (xiv) Licensed certified social workers; (xv) Licensed dieticians; (xvi) Licensed intellectual and developmental disabilities service providers; (xvii) Licensed professional counselors; (xviii) Licensed psychological examiners; (xix) Long-term care facilities; (xx) Occupational therapists; (xxi) Optometrists; (xxii) Pharmacists; (xxiii) Physical therapists; (xxiv) Physicians and surgeons; (xxv) Podiatrists; (xxvi) Prosthetists; (xxvii) Psychologists; (xxviii) Respiratory therapists; (xxix) Rural health clinics; and (xxx) Speech pathologists;

(i) Advanced practice nurses;

(ii) Athletic trainers;

(iii) Audiologists;

(iv) Certified behavioral health providers;

(v) Certified orthotists;

(vi) Chiropractors;

(vii) Community mental health centers or clinics;

(viii) Dentists;

(ix) Home health care;

(x) Hospice care;

(xi) Hospital-based services;

(xii) Hospitals;

(xiii) Licensed ambulatory surgery centers;

(xiv) Licensed certified social workers;

(xv) Licensed dieticians;

(xvi) Licensed intellectual and developmental disabilities service providers;

(xvii) Licensed professional counselors;

(xviii) Licensed psychological examiners;

(xix) Long-term care facilities;

(xx) Occupational therapists;

(xxi) Optometrists;

(xxii) Pharmacists;

(xxiii) Physical therapists;

(xxiv) Physicians and surgeons;

(xxv) Podiatrists;

(xxvi) Prosthetists;

(xxvii) Psychologists;

(xxviii) Respiratory therapists;

(xxix) Rural health clinics; and

(xxx) Speech pathologists;

(6) "Healthcare services" means services and products, including prescription medication, provided by a healthcare provider within the scope of the healthcare provider's license;

(7) (A) "Medical records" means the hospital or clinic records, physicians' records, or other healthcare records that a healthcare provider retains on an enrollee related to the enrollee's medical conditions. (B) "Medical records" includes other reports, documents, or records that a healthcare provider has concerning: (i) The healthcare services provided to the enrollee; (ii) The enrollee's medical history; and (iii) Prescription medications written, procedures ordered, or any other information related to the patient's overall health; and

(A) "Medical records" means the hospital or clinic records, physicians' records, or other healthcare records that a healthcare provider retains on an enrollee related to the enrollee's medical conditions.

(B) "Medical records" includes other reports, documents, or records that a healthcare provider has concerning: (i) The healthcare services provided to the enrollee; (ii) The enrollee's medical history; and (iii) Prescription medications written, procedures ordered, or any other information related to the patient's overall health; and

(i) The healthcare services provided to the enrollee;

(ii) The enrollee's medical history; and

(iii) Prescription medications written, procedures ordered, or any other information related to the patient's overall health; and

(8) "Prescription medication" means a drug or biologic that is prescribed by a healthcare provider to an enrollee for the purpose of alleviating, curing, preventing, or healing illness, injury, or physical disability.

Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.
Ark. Code Ann. § 23-62-404 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-404
Licensure
Status: in_force

(a) No person, firm, association, or corporation shall act as a reinsurance intermediary broker in this state if the reinsurance intermediary broker maintains an office either directly, or as a member or employee of a firm or association, or as an officer, director, or employee of a corporation: (1) In this state, unless the reinsurance intermediary broker is a licensed producer in this state; or (2) In another state, unless the reinsurance intermediary broker is a licensed producer in this state or the reinsurance intermediary broker is licensed in this state as a nonresident reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a reinsurance intermediary manager: (1) For a reinsurer domiciled in this state, unless the reinsurance intermediary manager is a licensed producer in this state; (2) In this state, if the reinsurance intermediary manager maintains an office either directly or as a member or employee of a firm or association, or as an officer, director, or employee of a corporation in this state, unless the reinsurance intermediary manager is a licensed producer in this state; and (3) In another state for a nondomestic insurer, unless the reinsurance intermediary manager is a licensed producer in this state or the person is licensed in this state as a nonresident reinsurance intermediary. (c) The Insurance Commissioner may require a reinsurance intermediary manager subject to subsection (b) of this section to: (1) File a bond in an amount from an insurer acceptable to the commissioner for the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount acceptable to the commissioner. (d) (1) (A) The commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this subchapter. (B) Any such license issued to a firm or association will authorize all the members of the firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such persons shall be named in the application and any supplements thereto. (C) Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of the corporation, and all such persons shall be named in the application and any supplements thereto. (2) (A) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall designate the commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this subchapter for designation of service of process upon unauthorized insurers; and also shall furnish the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served. (B) The licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and the change shall not become effective until acknowledged by the commissioner. (e) (1) The commissioner may refuse to issue a reinsurance intermediary license if, in his or her judgment, the applicant, anyone named on the application, or any member, principal, officer, or director of the applicant is not trustworthy, or that any controlling person of the applicant is not trustworthy to act as a reinsurance intermediary, or that any one (1) of the foregoing has given cause for revocation or suspension of the license, or has failed to comply with any prerequisite for the issuance of the license. (2) Upon written request therefor, the commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (f) Licensed attorneys at law of this state when acting in their professional capacity as such shall be exempt from this section. Acts 1993, No. 527, § 1; 1995, No. 1272, §§ 8, 9.

(a) No person, firm, association, or corporation shall act as a reinsurance intermediary broker in this state if the reinsurance intermediary broker maintains an office either directly, or as a member or employee of a firm or association, or as an officer, director, or employee of a corporation: (1) In this state, unless the reinsurance intermediary broker is a licensed producer in this state; or (2) In another state, unless the reinsurance intermediary broker is a licensed producer in this state or the reinsurance intermediary broker is licensed in this state as a nonresident reinsurance intermediary.

(1) In this state, unless the reinsurance intermediary broker is a licensed producer in this state; or

(2) In another state, unless the reinsurance intermediary broker is a licensed producer in this state or the reinsurance intermediary broker is licensed in this state as a nonresident reinsurance intermediary.

(b) No person, firm, association, or corporation shall act as a reinsurance intermediary manager: (1) For a reinsurer domiciled in this state, unless the reinsurance intermediary manager is a licensed producer in this state; (2) In this state, if the reinsurance intermediary manager maintains an office either directly or as a member or employee of a firm or association, or as an officer, director, or employee of a corporation in this state, unless the reinsurance intermediary manager is a licensed producer in this state; and (3) In another state for a nondomestic insurer, unless the reinsurance intermediary manager is a licensed producer in this state or the person is licensed in this state as a nonresident reinsurance intermediary.

(1) For a reinsurer domiciled in this state, unless the reinsurance intermediary manager is a licensed producer in this state;

(2) In this state, if the reinsurance intermediary manager maintains an office either directly or as a member or employee of a firm or association, or as an officer, director, or employee of a corporation in this state, unless the reinsurance intermediary manager is a licensed producer in this state; and

(3) In another state for a nondomestic insurer, unless the reinsurance intermediary manager is a licensed producer in this state or the person is licensed in this state as a nonresident reinsurance intermediary.

(c) The Insurance Commissioner may require a reinsurance intermediary manager subject to subsection (b) of this section to: (1) File a bond in an amount from an insurer acceptable to the commissioner for the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount acceptable to the commissioner.

(1) File a bond in an amount from an insurer acceptable to the commissioner for the protection of the reinsurer; and

(2) Maintain an errors and omissions policy in an amount acceptable to the commissioner.

(d) (1) (A) The commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this subchapter. (B) Any such license issued to a firm or association will authorize all the members of the firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such persons shall be named in the application and any supplements thereto. (C) Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of the corporation, and all such persons shall be named in the application and any supplements thereto. (2) (A) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall designate the commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this subchapter for designation of service of process upon unauthorized insurers; and also shall furnish the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served. (B) The licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and the change shall not become effective until acknowledged by the commissioner.

(1) (A) The commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this subchapter. (B) Any such license issued to a firm or association will authorize all the members of the firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such persons shall be named in the application and any supplements thereto. (C) Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of the corporation, and all such persons shall be named in the application and any supplements thereto.

(A) The commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this subchapter.

(B) Any such license issued to a firm or association will authorize all the members of the firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such persons shall be named in the application and any supplements thereto.

(C) Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of the corporation, and all such persons shall be named in the application and any supplements thereto.

(2) (A) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall designate the commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this subchapter for designation of service of process upon unauthorized insurers; and also shall furnish the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served. (B) The licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and the change shall not become effective until acknowledged by the commissioner.

(A) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall designate the commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this subchapter for designation of service of process upon unauthorized insurers; and also shall furnish the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served.

(B) The licensee shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and the change shall not become effective until acknowledged by the commissioner.

(e) (1) The commissioner may refuse to issue a reinsurance intermediary license if, in his or her judgment, the applicant, anyone named on the application, or any member, principal, officer, or director of the applicant is not trustworthy, or that any controlling person of the applicant is not trustworthy to act as a reinsurance intermediary, or that any one (1) of the foregoing has given cause for revocation or suspension of the license, or has failed to comply with any prerequisite for the issuance of the license. (2) Upon written request therefor, the commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) The commissioner may refuse to issue a reinsurance intermediary license if, in his or her judgment, the applicant, anyone named on the application, or any member, principal, officer, or director of the applicant is not trustworthy, or that any controlling person of the applicant is not trustworthy to act as a reinsurance intermediary, or that any one (1) of the foregoing has given cause for revocation or suspension of the license, or has failed to comply with any prerequisite for the issuance of the license.

(2) Upon written request therefor, the commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) Licensed attorneys at law of this state when acting in their professional capacity as such shall be exempt from this section.

Acts 1993, No. 527, § 1; 1995, No. 1272, §§ 8, 9.
Ark. Code Ann. § 23-4-702 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-702
Application of Acts 1899, No. 53
Status: in_force

(a) All the provisions of this act shall apply to and include all persons, companies, or corporations carrying property on any railroad as express matter and known as express companies, as fully as if the persons, companies, or corporations were specially named and designated in this act. (b) All the provisions of this act shall apply to all property and all the services in and about the transportation thereof on one (1) actually or substantially continuous carriage, or a part thereof, and to the compensation therefor, whether the property is carried wholly on one (1) railroad or partly on several railroads and whether the services are performed or compensation paid or received by, or to, one (1) person or corporation, alone, or in connection with another or other persons or corporations. Acts 1899, No. 53, §§ 10, 24, p. 82; C. & M. Dig., §§ 877, 1622; Pope's Dig., §§ 1081, 1944; A.S.A. 1947, §§ 73-1514, 73-1523.

(a) All the provisions of this act shall apply to and include all persons, companies, or corporations carrying property on any railroad as express matter and known as express companies, as fully as if the persons, companies, or corporations were specially named and designated in this act.

(b) All the provisions of this act shall apply to all property and all the services in and about the transportation thereof on one (1) actually or substantially continuous carriage, or a part thereof, and to the compensation therefor, whether the property is carried wholly on one (1) railroad or partly on several railroads and whether the services are performed or compensation paid or received by, or to, one (1) person or corporation, alone, or in connection with another or other persons or corporations.

Acts 1899, No. 53, §§ 10, 24, p. 82; C. & M. Dig., §§ 877, 1622; Pope's Dig., §§ 1081, 1944; A.S.A. 1947, §§ 73-1514, 73-1523.
Ark. Code Ann. § 23-71-116 — AR Code / Title 23 / Chapter 71 / Section 23-71-116
Conversion to legal reserve insurer
Status: in_force

A stipulated premium plan insurer may be converted to a legal reserve stock life and accident and health insurer subject to the following conditions: (1) The insurer's articles of incorporation shall be amended to provide for transaction of insurance on a legal reserve basis; (2) When first so converted, the insurer shall have paid-in capital stock of at least twenty-five thousand dollars ($25,000) and surplus funds of at least twelve thousand five hundred dollars ($12,500). At the end of the fifth calendar year next succeeding the calendar year in which the insurer was converted, its paid-in capital stock shall be not less than thirty-seven thousand five hundred dollars ($37,500). At the end of the tenth and subsequent calendar years next succeeding the calendar year in which the insurer was so converted, its paid-up capital stock shall be not less than fifty thousand dollars ($50,000); (3) The insurer shall write no new business on the stipulated premium plan following the date of conversion; (4) Stipulated premium plan business in force on the date of conversion may continue in force on the same plan. However, the insurer shall maintain separate accounts of its stipulated premium plan business and its legal reserve business; (5) The maximum single risk retained by the insurer after conversion shall not exceed five percent (5%) of the insurer's paid-in capital stock until the paid-in capital stock amounts to one hundred thousand dollars ($100,000) or more; and (6) After conversion the insurer shall otherwise have the same powers and obligations as like legal reserve insurers under the Arkansas Insurance Code. Acts 1959, No. 148, § 554; A.S.A. 1947, § 66-4415; Acts 2001, No. 1603, § 31.

A stipulated premium plan insurer may be converted to a legal reserve stock life and accident and health insurer subject to the following conditions:

(1) The insurer's articles of incorporation shall be amended to provide for transaction of insurance on a legal reserve basis;

(2) When first so converted, the insurer shall have paid-in capital stock of at least twenty-five thousand dollars ($25,000) and surplus funds of at least twelve thousand five hundred dollars ($12,500). At the end of the fifth calendar year next succeeding the calendar year in which the insurer was converted, its paid-in capital stock shall be not less than thirty-seven thousand five hundred dollars ($37,500). At the end of the tenth and subsequent calendar years next succeeding the calendar year in which the insurer was so converted, its paid-up capital stock shall be not less than fifty thousand dollars ($50,000);

(3) The insurer shall write no new business on the stipulated premium plan following the date of conversion;

(4) Stipulated premium plan business in force on the date of conversion may continue in force on the same plan. However, the insurer shall maintain separate accounts of its stipulated premium plan business and its legal reserve business;

(5) The maximum single risk retained by the insurer after conversion shall not exceed five percent (5%) of the insurer's paid-in capital stock until the paid-in capital stock amounts to one hundred thousand dollars ($100,000) or more; and

(6) After conversion the insurer shall otherwise have the same powers and obligations as like legal reserve insurers under the Arkansas Insurance Code.

Acts 1959, No. 148, § 554; A.S.A. 1947, § 66-4415; Acts 2001, No. 1603, § 31.
Ark. Code Ann. § 23-64-408 — AR Code / Title 23 / Chapter 64 / Subchapter 4 / Section 23-64-408
Insurance Commissioner's authority to adopt rules
Status: in_force

The Insurance Commissioner may adopt reasonable rules for the implementation and administration of the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2653, eff. 7/24/2019. Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.

The Insurance Commissioner may adopt reasonable rules for the implementation and administration of the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2653, eff. 7/24/2019.

Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.
Ark. Code Ann. § 23-4-904 — AR Code / Title 23 / Chapter 4 / Subchapter 9 / Section 23-4-904
Petition for relief from rate change - Form
Status: in_force

Petitions provided for in this subchapter shall be prepared as follows: (1) Form. (A) The petition shall be headed by a caption, which shall contain: (i) The heading, "Before the Arkansas Public Service Commission"; (ii) The name of the co-op seeking a change in rates and charges; and (iii) The relief sought. (B) A petition substantially in compliance with the form set forth in this section shall not be deemed invalid due to minor errors in its form; and (2) Body. The body of the petition shall consist of three (3) numbered paragraphs, if applicable, as follows: (A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations will be stated in numbered subparagraphs as necessary for clarity; (B) Relief Sought. The petition shall contain a brief statement of the amount of the change in rates and charges that is objected to or other relief sought; and (C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each member-consumer. Only the member-consumer in whose name the electric service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within ninety (90) days preceding its filing with the commission. Acts 1987, No. 821, § 9.

Petitions provided for in this subchapter shall be prepared as follows:

(1) Form. (A) The petition shall be headed by a caption, which shall contain: (i) The heading, "Before the Arkansas Public Service Commission"; (ii) The name of the co-op seeking a change in rates and charges; and (iii) The relief sought. (B) A petition substantially in compliance with the form set forth in this section shall not be deemed invalid due to minor errors in its form; and

(A) The petition shall be headed by a caption, which shall contain: (i) The heading, "Before the Arkansas Public Service Commission"; (ii) The name of the co-op seeking a change in rates and charges; and (iii) The relief sought.

(i) The heading, "Before the Arkansas Public Service Commission";

(ii) The name of the co-op seeking a change in rates and charges; and

(iii) The relief sought.

(B) A petition substantially in compliance with the form set forth in this section shall not be deemed invalid due to minor errors in its form; and

(2) Body. The body of the petition shall consist of three (3) numbered paragraphs, if applicable, as follows: (A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations will be stated in numbered subparagraphs as necessary for clarity; (B) Relief Sought. The petition shall contain a brief statement of the amount of the change in rates and charges that is objected to or other relief sought; and (C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each member-consumer. Only the member-consumer in whose name the electric service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within ninety (90) days preceding its filing with the commission.

(A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations will be stated in numbered subparagraphs as necessary for clarity;

(B) Relief Sought. The petition shall contain a brief statement of the amount of the change in rates and charges that is objected to or other relief sought; and

(C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each member-consumer. Only the member-consumer in whose name the electric service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within ninety (90) days preceding its filing with the commission.

Acts 1987, No. 821, § 9.
Ark. Code Ann. § 23-38-218 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-218
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1935, No. 128, § 5; Pope's Dig., § 1043; A.S.A. 1947, § 67-847.

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

Acts 1935, No. 128, § 5; Pope's Dig., § 1043; A.S.A. 1947, § 67-847.
Ark. Code Ann. § 23-112-104 — AR Code / Title 23 / Chapter 112 / Subchapter 1 / Section 23-112-104
Injunction
Status: in_force

(a) The Arkansas Motor Vehicle Commission shall be entitled to seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent any person, firm, partnership, association, corporation, or legal entity from violating any provision of this chapter or any rule promulgated by the commission. (b) The commission shall not be required to execute or give bond for costs, indemnity, or stay or to give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent. Amended by Act 2019, No. 315,§ 2826, eff. 7/24/2019. Acts 1977, No. 838, § 1; A.S.A. 1947, § 75-2312; Acts 1997, No. 1154, § 8.

(a) The Arkansas Motor Vehicle Commission shall be entitled to seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent any person, firm, partnership, association, corporation, or legal entity from violating any provision of this chapter or any rule promulgated by the commission.

(b) The commission shall not be required to execute or give bond for costs, indemnity, or stay or to give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent.

Amended by Act 2019, No. 315,§ 2826, eff. 7/24/2019.

Acts 1977, No. 838, § 1; A.S.A. 1947, § 75-2312; Acts 1997, No. 1154, § 8.
Ark. Code Ann. § 23-61-111 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-111
Enforcement - Foreign decrees - Definitions
Status: in_force

(a) As used in this section and § 23-61-110 : (1) "Foreign decree" means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and (2) "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by the courts located in other states or territories of the United States against any insurer incorporated or authorized to do business in the state or territory. (b) The Insurance Commissioner shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of the states. (c) (1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state. (2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree shall treat the foreign decree in the same manner as a decree of a circuit court of this state. (3) A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state. The decree is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner. (d) (1) At the time of the filing of the foreign decree, the commissioner shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defendant. (2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner of this state and shall make a note of the mailing in the docket. In addition, the commissioner may mail a notice of the filing of the foreign decree to the defendant and file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the commissioner has been filed. (3) No execution or other process for enforcement of a foreign decree filed pursuant to this section shall issue until thirty (30) days after the date the decree is filed. (e) (1) If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered. (2) If the defendant shows the circuit court any ground upon which enforcement of a decree of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state. (f) Any person filing a foreign judgment or decree shall pay to the clerk of the court the fee prescribed in § 21-6-402 . Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgment or decrees of the circuit court of this state. Acts 1959, No. 148, § 28; 1979, No. 942, § 1; A.S.A. 1947, § 66-2113; Acts 2001, No. 1604, § 8.

(a) As used in this section and § 23-61-110 : (1) "Foreign decree" means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and (2) "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by the courts located in other states or territories of the United States against any insurer incorporated or authorized to do business in the state or territory.

(1) "Foreign decree" means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and

(2) "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by the courts located in other states or territories of the United States against any insurer incorporated or authorized to do business in the state or territory.

(b) The Insurance Commissioner shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of the states.

(c) (1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state. (2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree shall treat the foreign decree in the same manner as a decree of a circuit court of this state. (3) A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state. The decree is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner.

(1) A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state.

(2) The clerk, upon verifying with the commissioner that the decree or order qualifies as a foreign decree shall treat the foreign decree in the same manner as a decree of a circuit court of this state.

(3) A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state. The decree is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner.

(d) (1) At the time of the filing of the foreign decree, the commissioner shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defendant. (2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner of this state and shall make a note of the mailing in the docket. In addition, the commissioner may mail a notice of the filing of the foreign decree to the defendant and file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the commissioner has been filed. (3) No execution or other process for enforcement of a foreign decree filed pursuant to this section shall issue until thirty (30) days after the date the decree is filed.

(1) At the time of the filing of the foreign decree, the commissioner shall make and file with the clerk of the court an affidavit setting forth the name and last known post office address of the defendant.

(2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the commissioner of this state and shall make a note of the mailing in the docket. In addition, the commissioner may mail a notice of the filing of the foreign decree to the defendant and file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the commissioner has been filed.

(3) No execution or other process for enforcement of a foreign decree filed pursuant to this section shall issue until thirty (30) days after the date the decree is filed.

(e) (1) If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered. (2) If the defendant shows the circuit court any ground upon which enforcement of a decree of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state.

(1) If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.

(2) If the defendant shows the circuit court any ground upon which enforcement of a decree of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state.

(f) Any person filing a foreign judgment or decree shall pay to the clerk of the court the fee prescribed in § 21-6-402 . Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgment or decrees of the circuit court of this state.

Acts 1959, No. 148, § 28; 1979, No. 942, § 1; A.S.A. 1947, § 66-2113; Acts 2001, No. 1604, § 8.
Ark. Code Ann. § 23-18-502 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-502
Legislative findings - Intent - Purpose
Status: in_force

(a) (1) The General Assembly finds and declares that there is at present and will continue to be a growing need for electric and gas public utility services that will require the construction of major new facilities. (2) It is recognized that the facilities cannot be built without affecting in some way the physical environment in which the facilities are located and without the expenditure of massive amounts of capital. (3) It is also recognized that the future economic development of the state requires the ready availability of public utility energy resources to serve industrial, commercial, and residential customers. (b) The General Assembly further finds that it is essential to the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state that the new facilities might cause and to minimize the economic costs to the people of the state of obtaining reliable, clean, safe, and adequate energy supplies. (c) (1) The General Assembly further finds that laws and practices relating to the location, financing, construction, and operation of the utility facilities should provide for the protection of environmental values, encourage the development of alternative renewable and nonrenewable energy technologies that are energy-efficient, and take into account the total cost to society of the facilities, including without limitation the cost of providing safe, reliable, and cost-effective energy resources. (2) (A) Without further clarification, present laws may result in undue costly delays in new construction, may encourage the development of energy technologies that are relatively inefficient, and may increase costs, which will eventually be borne by the people of the state in the form of higher utility rates. (B) Interpretations of existing laws could threaten the ability of utilities to meet the needs of the people of the state for economical and reliable utility service, and thus, the existing laws require further clarification. (d) Furthermore, the General Assembly finds that there should be provided an adequate opportunity for individuals, groups interested in energy and resource conservation and the protection of the environment, state and regional agencies, local governments, and other public bodies to participate in timely fashion in decisions regarding the location, financing, construction, and operation of major utility facilities. (e) (1) The General Assembly, therefore, declares that it is the purpose of this subchapter to provide an exclusive forum with primary and final jurisdiction, except as provided in §§ 23-18-505 and 23-18-506 , for the expeditious resolution of all matters concerning the location, financing, construction, and operation of a major utility facility in a single proceeding to which access will be open to individuals, groups, state and regional agencies, local governments, and other public bodies to enable them to participate in these decisions. (2) The matters identified in subdivision (e)(1) of this section that were formerly under the jurisdiction of multiple state, regional, and local agencies are declared to be of statewide interest. (f) It is the intent of the General Assembly to provide for the expeditious and efficient review of the siting of major utility facilities. Acts 1973, No. 164, § 2; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.1; Acts 2011, No. 910, § 1.

(a) (1) The General Assembly finds and declares that there is at present and will continue to be a growing need for electric and gas public utility services that will require the construction of major new facilities. (2) It is recognized that the facilities cannot be built without affecting in some way the physical environment in which the facilities are located and without the expenditure of massive amounts of capital. (3) It is also recognized that the future economic development of the state requires the ready availability of public utility energy resources to serve industrial, commercial, and residential customers.

(1) The General Assembly finds and declares that there is at present and will continue to be a growing need for electric and gas public utility services that will require the construction of major new facilities.

(2) It is recognized that the facilities cannot be built without affecting in some way the physical environment in which the facilities are located and without the expenditure of massive amounts of capital.

(3) It is also recognized that the future economic development of the state requires the ready availability of public utility energy resources to serve industrial, commercial, and residential customers.

(b) The General Assembly further finds that it is essential to the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state that the new facilities might cause and to minimize the economic costs to the people of the state of obtaining reliable, clean, safe, and adequate energy supplies.

(c) (1) The General Assembly further finds that laws and practices relating to the location, financing, construction, and operation of the utility facilities should provide for the protection of environmental values, encourage the development of alternative renewable and nonrenewable energy technologies that are energy-efficient, and take into account the total cost to society of the facilities, including without limitation the cost of providing safe, reliable, and cost-effective energy resources. (2) (A) Without further clarification, present laws may result in undue costly delays in new construction, may encourage the development of energy technologies that are relatively inefficient, and may increase costs, which will eventually be borne by the people of the state in the form of higher utility rates. (B) Interpretations of existing laws could threaten the ability of utilities to meet the needs of the people of the state for economical and reliable utility service, and thus, the existing laws require further clarification.

(1) The General Assembly further finds that laws and practices relating to the location, financing, construction, and operation of the utility facilities should provide for the protection of environmental values, encourage the development of alternative renewable and nonrenewable energy technologies that are energy-efficient, and take into account the total cost to society of the facilities, including without limitation the cost of providing safe, reliable, and cost-effective energy resources.

(2) (A) Without further clarification, present laws may result in undue costly delays in new construction, may encourage the development of energy technologies that are relatively inefficient, and may increase costs, which will eventually be borne by the people of the state in the form of higher utility rates. (B) Interpretations of existing laws could threaten the ability of utilities to meet the needs of the people of the state for economical and reliable utility service, and thus, the existing laws require further clarification.

(A) Without further clarification, present laws may result in undue costly delays in new construction, may encourage the development of energy technologies that are relatively inefficient, and may increase costs, which will eventually be borne by the people of the state in the form of higher utility rates.

(B) Interpretations of existing laws could threaten the ability of utilities to meet the needs of the people of the state for economical and reliable utility service, and thus, the existing laws require further clarification.

(d) Furthermore, the General Assembly finds that there should be provided an adequate opportunity for individuals, groups interested in energy and resource conservation and the protection of the environment, state and regional agencies, local governments, and other public bodies to participate in timely fashion in decisions regarding the location, financing, construction, and operation of major utility facilities.

(e) (1) The General Assembly, therefore, declares that it is the purpose of this subchapter to provide an exclusive forum with primary and final jurisdiction, except as provided in §§ 23-18-505 and 23-18-506 , for the expeditious resolution of all matters concerning the location, financing, construction, and operation of a major utility facility in a single proceeding to which access will be open to individuals, groups, state and regional agencies, local governments, and other public bodies to enable them to participate in these decisions. (2) The matters identified in subdivision (e)(1) of this section that were formerly under the jurisdiction of multiple state, regional, and local agencies are declared to be of statewide interest.

(1) The General Assembly, therefore, declares that it is the purpose of this subchapter to provide an exclusive forum with primary and final jurisdiction, except as provided in §§ 23-18-505 and 23-18-506 , for the expeditious resolution of all matters concerning the location, financing, construction, and operation of a major utility facility in a single proceeding to which access will be open to individuals, groups, state and regional agencies, local governments, and other public bodies to enable them to participate in these decisions.

(2) The matters identified in subdivision (e)(1) of this section that were formerly under the jurisdiction of multiple state, regional, and local agencies are declared to be of statewide interest.

(f) It is the intent of the General Assembly to provide for the expeditious and efficient review of the siting of major utility facilities.

Acts 1973, No. 164, § 2; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.1; Acts 2011, No. 910, § 1.
Ark. Code Ann. § 23-4-1205 — AR Code / Title 23 / Chapter 4 / Subchapter 12 / Section 23-4-1205
Filing - Procedure
Status: in_force

(a) (1) A public utility filing an application for a general change or modification to its rates and charges under § 23-4-401 et seq., may as part of its application, file a notice with the Arkansas Public Service Commission that the public utility is electing to have its rates regulated under a formula rate review mechanism as authorized by this subchapter. (2) The notice shall designate the formula rate review test period based upon either a projected year or a test period under § 23-4-406 . (b) Upon receipt of a notice as described in subdivision (a)(1) of this section, the commission shall: (1) Regulate the rates of the public utility according to this subchapter; and (2) Be required to approve a formula rate review mechanism utilizing the formula rate review test period designated by the public utility. (c) (1) (A) An electric or natural gas public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, shall be regulated under this subchapter. (B) (i) A water or sewer public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may request that the water or sewer public utility be regulated under this subchapter. (ii) Upon a public interest determination, the commission may authorize the water or sewer public utility's request under subdivision (c)(1)(B)(i) of this section to be regulated under this subchapter. (2) (A) A public utility shall not file for an initial formula rate review until at least one hundred eighty (180) days after rates have become effective pursuant to the final order on the application for a general change in rates. (B) A public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may file for the initial formula rate review one hundred fifty (150) days after rates have become effective pursuant to the final order in the general rate case. (3) (A) The rates that are approved in the application for a general change in rates and charges shall remain in effect during the formula rate review term under § 23-4-1208 , subject to the rate adjustments under this subchapter. (B) As part of an extension of the initial five-year term of a formula rate review under § 23-4-1207(d) and § 23-4-1208(a)(3) , for an electric utility if the electric utility's class of customers with the highest level of consumption per customer that has rates that include a demand component, and any successors to such a class, as they existed on January 1, 2021, has an annual usage for the class as a whole in excess of five million megawatt hours (5,000,000 MWh), the commission shall, and for all other utilities the commission may approve changes to the rate design within an individual customer class consistent with § 23-4-422(b)(1) . (d) An approved formula rate review mechanism shall require the public utility to file the information required by the commission under this subchapter not more than one hundred eighty (180) days before the date on which the rates determined by the formula rate review mechanism will go into effect for each year. (e) An approved formula rate review mechanism shall require any party, according to the commission's rules and procedures, to file with the commission a statement of the errors or objections at least ninety (90) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year. (f) An approved formula rate review mechanism shall require the public utility to file with the commission any corrections or a rebuttal to the errors or objections raised by the parties at least seventy-five (75) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year. (g) (1) The commission shall conduct a hearing, unless waived by the parties, at least fifty (50) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year. (2) The commission shall issue a final order at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year. (3) (A) If a final order is not issued at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year, the public utility may put the proposed formula rate rider changes into effect subject to refund. (B) The commission may require reasonable security to assure the prompt payment of any refunds, including interest, that may be ordered. Amended by Act 2021, No. 894,§ 2, eff. 4/25/2021. Amended by Act 2021, No. 404,§ 2, eff. 3/22/2021. Superseded by Act 2021, No. 894and repealed by Act 2023, No. 180,§ 1, eff. 8/1/2023 Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.

(a) (1) A public utility filing an application for a general change or modification to its rates and charges under § 23-4-401 et seq., may as part of its application, file a notice with the Arkansas Public Service Commission that the public utility is electing to have its rates regulated under a formula rate review mechanism as authorized by this subchapter. (2) The notice shall designate the formula rate review test period based upon either a projected year or a test period under § 23-4-406 .

(1) A public utility filing an application for a general change or modification to its rates and charges under § 23-4-401 et seq., may as part of its application, file a notice with the Arkansas Public Service Commission that the public utility is electing to have its rates regulated under a formula rate review mechanism as authorized by this subchapter.

(2) The notice shall designate the formula rate review test period based upon either a projected year or a test period under § 23-4-406 .

(b) Upon receipt of a notice as described in subdivision (a)(1) of this section, the commission shall: (1) Regulate the rates of the public utility according to this subchapter; and (2) Be required to approve a formula rate review mechanism utilizing the formula rate review test period designated by the public utility.

(1) Regulate the rates of the public utility according to this subchapter; and

(2) Be required to approve a formula rate review mechanism utilizing the formula rate review test period designated by the public utility.

(c) (1) (A) An electric or natural gas public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, shall be regulated under this subchapter. (B) (i) A water or sewer public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may request that the water or sewer public utility be regulated under this subchapter. (ii) Upon a public interest determination, the commission may authorize the water or sewer public utility's request under subdivision (c)(1)(B)(i) of this section to be regulated under this subchapter. (2) (A) A public utility shall not file for an initial formula rate review until at least one hundred eighty (180) days after rates have become effective pursuant to the final order on the application for a general change in rates. (B) A public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may file for the initial formula rate review one hundred fifty (150) days after rates have become effective pursuant to the final order in the general rate case. (3) (A) The rates that are approved in the application for a general change in rates and charges shall remain in effect during the formula rate review term under § 23-4-1208 , subject to the rate adjustments under this subchapter. (B) As part of an extension of the initial five-year term of a formula rate review under § 23-4-1207(d) and § 23-4-1208(a)(3) , for an electric utility if the electric utility's class of customers with the highest level of consumption per customer that has rates that include a demand component, and any successors to such a class, as they existed on January 1, 2021, has an annual usage for the class as a whole in excess of five million megawatt hours (5,000,000 MWh), the commission shall, and for all other utilities the commission may approve changes to the rate design within an individual customer class consistent with § 23-4-422(b)(1) .

(1) (A) An electric or natural gas public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, shall be regulated under this subchapter. (B) (i) A water or sewer public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may request that the water or sewer public utility be regulated under this subchapter. (ii) Upon a public interest determination, the commission may authorize the water or sewer public utility's request under subdivision (c)(1)(B)(i) of this section to be regulated under this subchapter.

(A) An electric or natural gas public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, shall be regulated under this subchapter.

(B) (i) A water or sewer public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may request that the water or sewer public utility be regulated under this subchapter. (ii) Upon a public interest determination, the commission may authorize the water or sewer public utility's request under subdivision (c)(1)(B)(i) of this section to be regulated under this subchapter.

(i) A water or sewer public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may request that the water or sewer public utility be regulated under this subchapter.

(ii) Upon a public interest determination, the commission may authorize the water or sewer public utility's request under subdivision (c)(1)(B)(i) of this section to be regulated under this subchapter.

(2) (A) A public utility shall not file for an initial formula rate review until at least one hundred eighty (180) days after rates have become effective pursuant to the final order on the application for a general change in rates. (B) A public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may file for the initial formula rate review one hundred fifty (150) days after rates have become effective pursuant to the final order in the general rate case.

(A) A public utility shall not file for an initial formula rate review until at least one hundred eighty (180) days after rates have become effective pursuant to the final order on the application for a general change in rates.

(B) A public utility that has filed a notice of intent or has an application for a general change in rates and charges pending under § 23-4-401 et seq. that contains a notice of election to be regulated under a formula rate review effective March 27, 2015, may file for the initial formula rate review one hundred fifty (150) days after rates have become effective pursuant to the final order in the general rate case.

(3) (A) The rates that are approved in the application for a general change in rates and charges shall remain in effect during the formula rate review term under § 23-4-1208 , subject to the rate adjustments under this subchapter. (B) As part of an extension of the initial five-year term of a formula rate review under § 23-4-1207(d) and § 23-4-1208(a)(3) , for an electric utility if the electric utility's class of customers with the highest level of consumption per customer that has rates that include a demand component, and any successors to such a class, as they existed on January 1, 2021, has an annual usage for the class as a whole in excess of five million megawatt hours (5,000,000 MWh), the commission shall, and for all other utilities the commission may approve changes to the rate design within an individual customer class consistent with § 23-4-422(b)(1) .

(A) The rates that are approved in the application for a general change in rates and charges shall remain in effect during the formula rate review term under § 23-4-1208 , subject to the rate adjustments under this subchapter.

(B) As part of an extension of the initial five-year term of a formula rate review under § 23-4-1207(d) and § 23-4-1208(a)(3) , for an electric utility if the electric utility's class of customers with the highest level of consumption per customer that has rates that include a demand component, and any successors to such a class, as they existed on January 1, 2021, has an annual usage for the class as a whole in excess of five million megawatt hours (5,000,000 MWh), the commission shall, and for all other utilities the commission may approve changes to the rate design within an individual customer class consistent with § 23-4-422(b)(1) .

(d) An approved formula rate review mechanism shall require the public utility to file the information required by the commission under this subchapter not more than one hundred eighty (180) days before the date on which the rates determined by the formula rate review mechanism will go into effect for each year.

(e) An approved formula rate review mechanism shall require any party, according to the commission's rules and procedures, to file with the commission a statement of the errors or objections at least ninety (90) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year.

(f) An approved formula rate review mechanism shall require the public utility to file with the commission any corrections or a rebuttal to the errors or objections raised by the parties at least seventy-five (75) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year.

(g) (1) The commission shall conduct a hearing, unless waived by the parties, at least fifty (50) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year. (2) The commission shall issue a final order at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year. (3) (A) If a final order is not issued at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year, the public utility may put the proposed formula rate rider changes into effect subject to refund. (B) The commission may require reasonable security to assure the prompt payment of any refunds, including interest, that may be ordered.

(1) The commission shall conduct a hearing, unless waived by the parties, at least fifty (50) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year.

(2) The commission shall issue a final order at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year.

(3) (A) If a final order is not issued at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year, the public utility may put the proposed formula rate rider changes into effect subject to refund. (B) The commission may require reasonable security to assure the prompt payment of any refunds, including interest, that may be ordered.

(A) If a final order is not issued at least twenty (20) days before the date on which rates determined by the formula rate review mechanism will go into effect for each year, the public utility may put the proposed formula rate rider changes into effect subject to refund.

(B) The commission may require reasonable security to assure the prompt payment of any refunds, including interest, that may be ordered.

Amended by Act 2021, No. 894,§ 2, eff. 4/25/2021.

Amended by Act 2021, No. 404,§ 2, eff. 3/22/2021. Superseded by Act 2021, No. 894and repealed by Act 2023, No. 180,§ 1, eff. 8/1/2023

Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.
Ark. Code Ann. § 23-115-602 — AR Code / Title 23 / Chapter 115 / Subchapter 6 / Section 23-115-602
Retailer license
Status: in_force

(a) A retailer license is not transferable or assignable. (b) A retailer shall not contract with any person for lottery goods or services except with the approval of the Office of the Arkansas Lottery. (c) Tickets and shares shall be sold only by the retailer stated on the retailer's license issued by the office under this chapter. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) A retailer license is not transferable or assignable.

(b) A retailer shall not contract with any person for lottery goods or services except with the approval of the Office of the Arkansas Lottery.

(c) Tickets and shares shall be sold only by the retailer stated on the retailer's license issued by the office under this chapter.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-79-2303 — AR Code / Title 23 / Chapter 79 / Subchapter 23 / Section 23-79-2303
Fairness in cost sharing
Status: in_force

(a) (1) When calculating an enrollee's contribution to any applicable cost-sharing requirement, a healthcare insurer shall include any cost-sharing amounts paid by the enrollee or on behalf of the enrollee by another person. (2) The cost-sharing requirement under subdivision (a)(1) of this section does not apply for cost-sharing of a prescription drug if a name-brand prescription drug is prescribed and the prescribed drug: (A) Is not considered to be medically necessary by the prescriber; and (B) Has a medically appropriate generic prescription drug equivalent. (b) (1) Except as provided in subdivision (b)(2) of this section, this section applies to a health benefit plan that is entered into, amended, extended, or renewed on or after January 1, 2022. (2) (A) Benefits offered through a health benefit plan under the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall satisfy the requirements of this section beginning on and after January 1, 2024, if the Insurance Commissioner reports a failure to comply with this section to the Legislative Council. (B) (i) Beginning on January 1, 2022, the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall report quarterly to the commissioner, Arkansas Legislative Audit, and the Legislative Council concerning details of plan savings and how the process that is used benefits an enrollee and the offered plan. (ii) The report described in subdivision (b)(2)(B)(i) of this section shall include the amount of enrollee savings, plan-specific data on the amount of manufacturer rebates received, and how the manufacturer rebates were applied in each plan for which the program is contracted to administer a prescription drug benefit. (c) The General Assembly intends for this section to regulate a healthcare insurer only to the extent permissible under applicable law. Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.

(a) (1) When calculating an enrollee's contribution to any applicable cost-sharing requirement, a healthcare insurer shall include any cost-sharing amounts paid by the enrollee or on behalf of the enrollee by another person. (2) The cost-sharing requirement under subdivision (a)(1) of this section does not apply for cost-sharing of a prescription drug if a name-brand prescription drug is prescribed and the prescribed drug: (A) Is not considered to be medically necessary by the prescriber; and (B) Has a medically appropriate generic prescription drug equivalent.

(1) When calculating an enrollee's contribution to any applicable cost-sharing requirement, a healthcare insurer shall include any cost-sharing amounts paid by the enrollee or on behalf of the enrollee by another person.

(2) The cost-sharing requirement under subdivision (a)(1) of this section does not apply for cost-sharing of a prescription drug if a name-brand prescription drug is prescribed and the prescribed drug: (A) Is not considered to be medically necessary by the prescriber; and (B) Has a medically appropriate generic prescription drug equivalent.

(A) Is not considered to be medically necessary by the prescriber; and

(B) Has a medically appropriate generic prescription drug equivalent.

(b) (1) Except as provided in subdivision (b)(2) of this section, this section applies to a health benefit plan that is entered into, amended, extended, or renewed on or after January 1, 2022. (2) (A) Benefits offered through a health benefit plan under the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall satisfy the requirements of this section beginning on and after January 1, 2024, if the Insurance Commissioner reports a failure to comply with this section to the Legislative Council. (B) (i) Beginning on January 1, 2022, the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall report quarterly to the commissioner, Arkansas Legislative Audit, and the Legislative Council concerning details of plan savings and how the process that is used benefits an enrollee and the offered plan. (ii) The report described in subdivision (b)(2)(B)(i) of this section shall include the amount of enrollee savings, plan-specific data on the amount of manufacturer rebates received, and how the manufacturer rebates were applied in each plan for which the program is contracted to administer a prescription drug benefit.

(1) Except as provided in subdivision (b)(2) of this section, this section applies to a health benefit plan that is entered into, amended, extended, or renewed on or after January 1, 2022.

(2) (A) Benefits offered through a health benefit plan under the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall satisfy the requirements of this section beginning on and after January 1, 2024, if the Insurance Commissioner reports a failure to comply with this section to the Legislative Council. (B) (i) Beginning on January 1, 2022, the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall report quarterly to the commissioner, Arkansas Legislative Audit, and the Legislative Council concerning details of plan savings and how the process that is used benefits an enrollee and the offered plan. (ii) The report described in subdivision (b)(2)(B)(i) of this section shall include the amount of enrollee savings, plan-specific data on the amount of manufacturer rebates received, and how the manufacturer rebates were applied in each plan for which the program is contracted to administer a prescription drug benefit.

(A) Benefits offered through a health benefit plan under the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall satisfy the requirements of this section beginning on and after January 1, 2024, if the Insurance Commissioner reports a failure to comply with this section to the Legislative Council.

(B) (i) Beginning on January 1, 2022, the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall report quarterly to the commissioner, Arkansas Legislative Audit, and the Legislative Council concerning details of plan savings and how the process that is used benefits an enrollee and the offered plan. (ii) The report described in subdivision (b)(2)(B)(i) of this section shall include the amount of enrollee savings, plan-specific data on the amount of manufacturer rebates received, and how the manufacturer rebates were applied in each plan for which the program is contracted to administer a prescription drug benefit.

(i) Beginning on January 1, 2022, the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences shall report quarterly to the commissioner, Arkansas Legislative Audit, and the Legislative Council concerning details of plan savings and how the process that is used benefits an enrollee and the offered plan.

(ii) The report described in subdivision (b)(2)(B)(i) of this section shall include the amount of enrollee savings, plan-specific data on the amount of manufacturer rebates received, and how the manufacturer rebates were applied in each plan for which the program is contracted to administer a prescription drug benefit.

(c) The General Assembly intends for this section to regulate a healthcare insurer only to the extent permissible under applicable law.

Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 23-63-513 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-513
Control of or merger with domestic insurer - Violations
Status: in_force

The following shall be violations of §§ 23-63-506 - 23-63-513 : (1) The failure to file any statement, amendment, or other materials required to be filed pursuant to § 23-63-506 or § 23-63-508 ; or (2) The effectuation or any attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless the Insurance Commissioner has given his or her approval thereto. Acts 1971, No. 288, § 5; A.S.A. 1947, § 66-5005.

The following shall be violations of §§ 23-63-506 - 23-63-513 :

(1) The failure to file any statement, amendment, or other materials required to be filed pursuant to § 23-63-506 or § 23-63-508 ; or

(2) The effectuation or any attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless the Insurance Commissioner has given his or her approval thereto.

Acts 1971, No. 288, § 5; A.S.A. 1947, § 66-5005.
Ark. Code Ann. § 23-18-311 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-311
Articles of incorporation
Status: in_force

(a) The articles of incorporation shall state: (1) The name of the corporation. The name shall include the words "Electric Cooperative" and the word "Corporation", "Incorporated", "Inc.", or "Company". The name of the corporation shall be such as to distinguish it from any other corporation organized and existing under the laws of this state; (2) The purpose for which the corporation is formed; (3) The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify; (4) The number of directors, not fewer than three (3), to be elected at the annual meetings of members; (5) The address of its principal office and the name and address of its agent upon whom process may be served; (6) The period of duration of the corporation, which may be perpetual; (7) The terms and conditions upon which persons shall be admitted to membership and retain membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and (8) Any provisions, not inconsistent with law, which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation. (b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this subchapter. Acts 1937, No. 342, § 6; Pope's Dig., § 2320; A.S.A. 1947, § 77-1106.

(a) The articles of incorporation shall state: (1) The name of the corporation. The name shall include the words "Electric Cooperative" and the word "Corporation", "Incorporated", "Inc.", or "Company". The name of the corporation shall be such as to distinguish it from any other corporation organized and existing under the laws of this state; (2) The purpose for which the corporation is formed; (3) The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify; (4) The number of directors, not fewer than three (3), to be elected at the annual meetings of members; (5) The address of its principal office and the name and address of its agent upon whom process may be served; (6) The period of duration of the corporation, which may be perpetual; (7) The terms and conditions upon which persons shall be admitted to membership and retain membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and (8) Any provisions, not inconsistent with law, which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation.

(1) The name of the corporation. The name shall include the words "Electric Cooperative" and the word "Corporation", "Incorporated", "Inc.", or "Company". The name of the corporation shall be such as to distinguish it from any other corporation organized and existing under the laws of this state;

(2) The purpose for which the corporation is formed;

(3) The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify;

(4) The number of directors, not fewer than three (3), to be elected at the annual meetings of members;

(5) The address of its principal office and the name and address of its agent upon whom process may be served;

(6) The period of duration of the corporation, which may be perpetual;

(7) The terms and conditions upon which persons shall be admitted to membership and retain membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and

(8) Any provisions, not inconsistent with law, which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation.

(b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this subchapter.

Acts 1937, No. 342, § 6; Pope's Dig., § 2320; A.S.A. 1947, § 77-1106.
Ark. Code Ann. § 23-88-302 — AR Code / Title 23 / Chapter 88 / Subchapter 3 / Section 23-88-302
Definitions
Status: in_force

As used in this subchapter: (1) "Association" means the Arkansas Rural Risk Underwriting Association established pursuant to the provisions of this subchapter; (2) "Commissioner" means the Insurance Commissioner; (3) "Insurer" means any person who: (A) Writes any kind of insurance to which this subchapter applies under § 23-88-303 , including the exchange of reciprocal or interinsurance contracts; and (B) Is licensed to transact insurance in this state; (4) (A) "Net direct written premiums" means the gross amount of premiums received from policies of insurance issued in this state to which this subchapter applies, less return premiums and dividends paid or credited to policyholders. (B) "Net direct written premiums" does not include premiums for indemnity reinsurance accepted from other licensed insurers, and there shall be no deduction for premiums for indemnity reinsurance ceded to other insurers; and (5) "Person" means any individual, corporation, partnership, association, or voluntary organization. Acts 1985 (1st Ex. Sess.), No. 25, § 2; A.S.A. 1947, § 66-6102.

As used in this subchapter:

(1) "Association" means the Arkansas Rural Risk Underwriting Association established pursuant to the provisions of this subchapter;

(2) "Commissioner" means the Insurance Commissioner;

(3) "Insurer" means any person who: (A) Writes any kind of insurance to which this subchapter applies under § 23-88-303 , including the exchange of reciprocal or interinsurance contracts; and (B) Is licensed to transact insurance in this state;

(A) Writes any kind of insurance to which this subchapter applies under § 23-88-303 , including the exchange of reciprocal or interinsurance contracts; and

(B) Is licensed to transact insurance in this state;

(4) (A) "Net direct written premiums" means the gross amount of premiums received from policies of insurance issued in this state to which this subchapter applies, less return premiums and dividends paid or credited to policyholders. (B) "Net direct written premiums" does not include premiums for indemnity reinsurance accepted from other licensed insurers, and there shall be no deduction for premiums for indemnity reinsurance ceded to other insurers; and

(A) "Net direct written premiums" means the gross amount of premiums received from policies of insurance issued in this state to which this subchapter applies, less return premiums and dividends paid or credited to policyholders.

(B) "Net direct written premiums" does not include premiums for indemnity reinsurance accepted from other licensed insurers, and there shall be no deduction for premiums for indemnity reinsurance ceded to other insurers; and

(5) "Person" means any individual, corporation, partnership, association, or voluntary organization.

Acts 1985 (1st Ex. Sess.), No. 25, § 2; A.S.A. 1947, § 66-6102.
Ark. Code Ann. § 23-55-207 — AR Code / Title 23 / Chapter 55 / Section 23-55-207
Net worth
Status: in_force

(a) A licensee shall maintain at all times a tangible net worth that is the greater of: (1) $100,000 or 3 percent of total assets for the first $100,000,000; (2) 2 percent of additional assets for $100,000,000 to $1,000,000,000; and (3) 0.5 percent of additional assets for any amount over $1,000,000,000. (b) Tangible net worth shall be demonstrated at initial application by the applicant's most recent audited or unaudited financial statements under § 23-55-202(c)(6) . (c) Notwithstanding the other provisions of this section, the Securities Commissioner, for good cause shown, may exempt an applicant or licensee, in part or in whole, from the requirements of this section. Amended by Act 2023, No. 442,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 111,§ 4, eff. 7/24/2019. Acts 2007, No. 1595, § 1.

(a) A licensee shall maintain at all times a tangible net worth that is the greater of: (1) $100,000 or 3 percent of total assets for the first $100,000,000; (2) 2 percent of additional assets for $100,000,000 to $1,000,000,000; and (3) 0.5 percent of additional assets for any amount over $1,000,000,000.

(1) $100,000 or 3 percent of total assets for the first $100,000,000;

(2) 2 percent of additional assets for $100,000,000 to $1,000,000,000; and

(3) 0.5 percent of additional assets for any amount over $1,000,000,000.

(b) Tangible net worth shall be demonstrated at initial application by the applicant's most recent audited or unaudited financial statements under § 23-55-202(c)(6) .

(c) Notwithstanding the other provisions of this section, the Securities Commissioner, for good cause shown, may exempt an applicant or licensee, in part or in whole, from the requirements of this section.

Amended by Act 2023, No. 442,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 111,§ 4, eff. 7/24/2019.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-86-106 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-106
Group accident and health insurance - Definition
Status: in_force

Group accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as defined in this section, with or without one (1) or more members of their families or one (1) or more of their dependents, or covering one (1) or more members of the families or one (1) or more dependents of the groups of persons, and issued upon the following basis: (1) (A) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring employees of the employer for the benefit of persons other than the employer. (B) The term "employees" as used in this subdivision (1) shall be deemed to include the: (i) Officers, managers, and employees of the employer; (ii) Individual proprietor or partner, if the employer is an individual proprietor or partnership; (iii) Officers, managers, and employees of subsidiary or affiliated corporations; and (iv) Individual proprietors, partners, and employees of individuals and firms, if the business of the employer and the individual or firm is under common control through stock ownership, contract, or otherwise. (C) The term "employees" as used in this subdivision (1): (i) May include retired employees; and (ii) Shall include members of limited liability corporations and members of limited liability partnerships. (D) A policy issued to insure employees of a public body may provide that the term "employees" shall include elected or appointed officials. (E) The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with the trusteeship; (2) (A) Under a policy issued to an association, including a labor union, when the Insurance Commissioner finds that regardless of where the association is domiciled or does business, the association has: (i) Articles of incorporation and bylaws; (ii) At least one hundred (100) members; and (iii) Been organized and maintained in good faith in active existence for at least two (2) years for purposes other than that of obtaining insurance or insuring members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. (B) The term "employees" as used in this subdivision (2) may include retired employees. (C) (i) Before issuing a group accident and health insurance policy to an association, the association or its insurer on behalf of the association shall file with the commissioner proof that the association meets the requirements of subdivision (2)(A) of this section. (ii) The commissioner shall approve or disapprove the association as an eligible group policyholder and maintain a list of approved associations. (iii) An insurer has satisfied the requirements of subdivision (2)(A) of this section if before July 31, 2009, the insurer has: (a) Filed its association plan or plans with the commissioner; and (b) Received the commissioner's approval of its forms. (D) The commissioner may: (i) Require a previously approved association to provide proof that the association meets the requirements of subdivision (2)(A) of this section; and (ii) Revoke the authority of a previously approved association to operate as an eligible group policyholder. (E) An insurer may not issue a group accident and health insurance policy to an association in which the insurer has an affiliation, including without limitation, common: (i) Board members, officers, executives, or employees; (ii) Ownership or control of the insurer and the association; or (iii) Use of office space or equipment utilized by the insurer to transact the business of insurance; (3) (A) Under a policy issued to the trustees of a fund established by two (2) or more employers in the same or related industry or by one (1) or more labor unions or by one (1) or more employers and one (1) or more labor unions or by an association as defined in subdivision (2) of this section, who shall be deemed the policyholder, to insure employees of the employers or members of the unions or of the association, or employees of members of the association, for the benefit of persons other than the employers or the unions or the association. (B) The term "employees" as used in this subdivision (3) may include: (i) The officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership; and (ii) Retired employees. (C) The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship; (4) Under a policy issued to any person or organization to which a policy of group life insurance may be issued or delivered in this state to insure any classes of individuals that could be insured under the group life policy; and (5) Under a policy issued to cover any other substantially similar group that, in the discretion of the commissioner, may be subject to the issuance of a group accident and health policy or contract. Acts 1959, No. 148, § 419; 1972 (1st Ex. Sess.), No. 49, § 1; A.S.A. 1947, § 66-3701; Acts 2001, No. 1063, § 6; 2001, No. 1604, § 124[125]; 2005, No. 506, § 45; 2009, No. 536, § 1.

Group accident and health insurance is declared to be that form of accident and health insurance covering groups of persons as defined in this section, with or without one (1) or more members of their families or one (1) or more of their dependents, or covering one (1) or more members of the families or one (1) or more dependents of the groups of persons, and issued upon the following basis:

(1) (A) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring employees of the employer for the benefit of persons other than the employer. (B) The term "employees" as used in this subdivision (1) shall be deemed to include the: (i) Officers, managers, and employees of the employer; (ii) Individual proprietor or partner, if the employer is an individual proprietor or partnership; (iii) Officers, managers, and employees of subsidiary or affiliated corporations; and (iv) Individual proprietors, partners, and employees of individuals and firms, if the business of the employer and the individual or firm is under common control through stock ownership, contract, or otherwise. (C) The term "employees" as used in this subdivision (1): (i) May include retired employees; and (ii) Shall include members of limited liability corporations and members of limited liability partnerships. (D) A policy issued to insure employees of a public body may provide that the term "employees" shall include elected or appointed officials. (E) The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with the trusteeship;

(A) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring employees of the employer for the benefit of persons other than the employer.

(B) The term "employees" as used in this subdivision (1) shall be deemed to include the: (i) Officers, managers, and employees of the employer; (ii) Individual proprietor or partner, if the employer is an individual proprietor or partnership; (iii) Officers, managers, and employees of subsidiary or affiliated corporations; and (iv) Individual proprietors, partners, and employees of individuals and firms, if the business of the employer and the individual or firm is under common control through stock ownership, contract, or otherwise.

(i) Officers, managers, and employees of the employer;

(ii) Individual proprietor or partner, if the employer is an individual proprietor or partnership;

(iii) Officers, managers, and employees of subsidiary or affiliated corporations; and

(iv) Individual proprietors, partners, and employees of individuals and firms, if the business of the employer and the individual or firm is under common control through stock ownership, contract, or otherwise.

(C) The term "employees" as used in this subdivision (1): (i) May include retired employees; and (ii) Shall include members of limited liability corporations and members of limited liability partnerships.

(i) May include retired employees; and

(ii) Shall include members of limited liability corporations and members of limited liability partnerships.

(D) A policy issued to insure employees of a public body may provide that the term "employees" shall include elected or appointed officials.

(E) The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with the trusteeship;

(2) (A) Under a policy issued to an association, including a labor union, when the Insurance Commissioner finds that regardless of where the association is domiciled or does business, the association has: (i) Articles of incorporation and bylaws; (ii) At least one hundred (100) members; and (iii) Been organized and maintained in good faith in active existence for at least two (2) years for purposes other than that of obtaining insurance or insuring members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. (B) The term "employees" as used in this subdivision (2) may include retired employees. (C) (i) Before issuing a group accident and health insurance policy to an association, the association or its insurer on behalf of the association shall file with the commissioner proof that the association meets the requirements of subdivision (2)(A) of this section. (ii) The commissioner shall approve or disapprove the association as an eligible group policyholder and maintain a list of approved associations. (iii) An insurer has satisfied the requirements of subdivision (2)(A) of this section if before July 31, 2009, the insurer has: (a) Filed its association plan or plans with the commissioner; and (b) Received the commissioner's approval of its forms. (D) The commissioner may: (i) Require a previously approved association to provide proof that the association meets the requirements of subdivision (2)(A) of this section; and (ii) Revoke the authority of a previously approved association to operate as an eligible group policyholder. (E) An insurer may not issue a group accident and health insurance policy to an association in which the insurer has an affiliation, including without limitation, common: (i) Board members, officers, executives, or employees; (ii) Ownership or control of the insurer and the association; or (iii) Use of office space or equipment utilized by the insurer to transact the business of insurance;

(A) Under a policy issued to an association, including a labor union, when the Insurance Commissioner finds that regardless of where the association is domiciled or does business, the association has: (i) Articles of incorporation and bylaws; (ii) At least one hundred (100) members; and (iii) Been organized and maintained in good faith in active existence for at least two (2) years for purposes other than that of obtaining insurance or insuring members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees.

(i) Articles of incorporation and bylaws;

(ii) At least one hundred (100) members; and

(iii) Been organized and maintained in good faith in active existence for at least two (2) years for purposes other than that of obtaining insurance or insuring members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees.

(B) The term "employees" as used in this subdivision (2) may include retired employees.

(C) (i) Before issuing a group accident and health insurance policy to an association, the association or its insurer on behalf of the association shall file with the commissioner proof that the association meets the requirements of subdivision (2)(A) of this section. (ii) The commissioner shall approve or disapprove the association as an eligible group policyholder and maintain a list of approved associations. (iii) An insurer has satisfied the requirements of subdivision (2)(A) of this section if before July 31, 2009, the insurer has: (a) Filed its association plan or plans with the commissioner; and (b) Received the commissioner's approval of its forms.

(i) Before issuing a group accident and health insurance policy to an association, the association or its insurer on behalf of the association shall file with the commissioner proof that the association meets the requirements of subdivision (2)(A) of this section.

(ii) The commissioner shall approve or disapprove the association as an eligible group policyholder and maintain a list of approved associations.

(iii) An insurer has satisfied the requirements of subdivision (2)(A) of this section if before July 31, 2009, the insurer has: (a) Filed its association plan or plans with the commissioner; and (b) Received the commissioner's approval of its forms.

(a) Filed its association plan or plans with the commissioner; and

(b) Received the commissioner's approval of its forms.

(D) The commissioner may: (i) Require a previously approved association to provide proof that the association meets the requirements of subdivision (2)(A) of this section; and (ii) Revoke the authority of a previously approved association to operate as an eligible group policyholder.

(i) Require a previously approved association to provide proof that the association meets the requirements of subdivision (2)(A) of this section; and

(ii) Revoke the authority of a previously approved association to operate as an eligible group policyholder.

(E) An insurer may not issue a group accident and health insurance policy to an association in which the insurer has an affiliation, including without limitation, common: (i) Board members, officers, executives, or employees; (ii) Ownership or control of the insurer and the association; or (iii) Use of office space or equipment utilized by the insurer to transact the business of insurance;

(i) Board members, officers, executives, or employees;

(ii) Ownership or control of the insurer and the association; or

(iii) Use of office space or equipment utilized by the insurer to transact the business of insurance;

(3) (A) Under a policy issued to the trustees of a fund established by two (2) or more employers in the same or related industry or by one (1) or more labor unions or by one (1) or more employers and one (1) or more labor unions or by an association as defined in subdivision (2) of this section, who shall be deemed the policyholder, to insure employees of the employers or members of the unions or of the association, or employees of members of the association, for the benefit of persons other than the employers or the unions or the association. (B) The term "employees" as used in this subdivision (3) may include: (i) The officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership; and (ii) Retired employees. (C) The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;

(A) Under a policy issued to the trustees of a fund established by two (2) or more employers in the same or related industry or by one (1) or more labor unions or by one (1) or more employers and one (1) or more labor unions or by an association as defined in subdivision (2) of this section, who shall be deemed the policyholder, to insure employees of the employers or members of the unions or of the association, or employees of members of the association, for the benefit of persons other than the employers or the unions or the association.

(B) The term "employees" as used in this subdivision (3) may include: (i) The officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership; and (ii) Retired employees.

(i) The officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership; and

(ii) Retired employees.

(C) The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;

(4) Under a policy issued to any person or organization to which a policy of group life insurance may be issued or delivered in this state to insure any classes of individuals that could be insured under the group life policy; and

(5) Under a policy issued to cover any other substantially similar group that, in the discretion of the commissioner, may be subject to the issuance of a group accident and health policy or contract.

Acts 1959, No. 148, § 419; 1972 (1st Ex. Sess.), No. 49, § 1; A.S.A. 1947, § 66-3701; Acts 2001, No. 1063, § 6; 2001, No. 1604, § 124[125]; 2005, No. 506, § 45; 2009, No. 536, § 1.