Ark. Code Ann. § 23-16-505 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-505
Driver testing
Status: in_force

(a) (1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382 , as in effect on January 1, 2009. (2) A driver is qualified to drive for a contract carrier if: (A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and (B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3 , as in effect on January 1, 2009, indicates a verified negative test result. (3) A driver is disqualified from driving for a contract carrier if: (A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section; (B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or (C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed. (b) (1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if: (A) The accident involved the loss of human life; or (B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved: (i) Bodily injury to a person who immediately received medical treatment after the accident; or (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident. (2) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Arkansas Highway Police Division of the Arkansas Department of Transportation. (c) (1) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years. (2) The records shall be maintained in a secure location. Amended by Act 2017, No. 707,§ 262, eff. 8/1/2017. Acts 2009, No. 243, § 1.

(a) (1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382 , as in effect on January 1, 2009. (2) A driver is qualified to drive for a contract carrier if: (A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and (B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3 , as in effect on January 1, 2009, indicates a verified negative test result. (3) A driver is disqualified from driving for a contract carrier if: (A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section; (B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or (C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed.

(1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382 , as in effect on January 1, 2009.

(2) A driver is qualified to drive for a contract carrier if: (A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and (B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3 , as in effect on January 1, 2009, indicates a verified negative test result.

(A) The alcohol test result under subdivision (a)(1) of this section indicates an alcohol concentration of zero (0); and

(B) The controlled substances test result from the medical review officer as defined under 49 C.F.R. § 40.3 , as in effect on January 1, 2009, indicates a verified negative test result.

(3) A driver is disqualified from driving for a contract carrier if: (A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section; (B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or (C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed.

(A) The alcohol test result and the controlled substances test result are not in compliance with subdivision (a)(2) of this section;

(B) The driver refuses to provide a specimen for an alcohol test result or the controlled substances test result, or both; or

(C) The driver submits an adulterated specimen, a diluted positive specimen, or a substituted specimen on an alcohol test result or the controlled substances test result that is performed.

(b) (1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if: (A) The accident involved the loss of human life; or (B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved: (i) Bodily injury to a person who immediately received medical treatment after the accident; or (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident. (2) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Arkansas Highway Police Division of the Arkansas Department of Transportation.

(1) As soon as practicable after an accident involving a motor vehicle owned or operated by a contract carrier, the contract carrier shall test each surviving driver for alcohol and controlled substances if: (A) The accident involved the loss of human life; or (B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved: (i) Bodily injury to a person who immediately received medical treatment after the accident; or (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident.

(A) The accident involved the loss of human life; or

(B) The driver received a citation for a moving traffic violation arising from the accident and the accident involved: (i) Bodily injury to a person who immediately received medical treatment after the accident; or (ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident.

(i) Bodily injury to a person who immediately received medical treatment after the accident; or

(ii) Disabling damage that required the motor vehicle to be towed from the accident scene by one (1) or more motor vehicles as a result of the accident.

(2) If alcohol testing and controlled substances testing cannot be completed as soon as possible but no later than thirty-two (32) hours after the accident, the records shall be submitted to the Arkansas Highway Police Division of the Arkansas Department of Transportation.

(c) (1) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years. (2) The records shall be maintained in a secure location.

(1) A common carrier or the employer of a driver of a common carrier shall maintain records of the alcohol testing and controlled substances testing of drivers for five (5) years.

(2) The records shall be maintained in a secure location.

Amended by Act 2017, No. 707,§ 262, eff. 8/1/2017.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-13-103 — AR Code / Title 23 / Chapter 13 / Subchapter 1 / Section 23-13-103
Municipalities may not tax
Status: in_force

No city or town shall impose any tax or license upon any motor vehicle carrier licensed under the provisions of this act. Acts 1929, No. 62, § 9; A.S.A. 1947, § 73-1729.

No city or town shall impose any tax or license upon any motor vehicle carrier licensed under the provisions of this act.

Acts 1929, No. 62, § 9; A.S.A. 1947, § 73-1729.
Ark. Code Ann. § 23-18-312 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-312
Articles of incorporation - Execution - Filing and recording
Status: in_force

(a) The original copy of the articles of incorporation shall be signed by the incorporators and acknowledged before any officer authorized by the law of this state to acknowledge the execution of deeds and conveyances. (b) The original copy of the articles of incorporation shall be filed in the office of the Secretary of State. (c) If the Secretary of State finds that the articles of incorporation conform to law and when the fees prescribed by this subchapter have been paid, he or she shall: (1) Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof; (2) File the original in his or her office; and (3) Issue a certificate of incorporation to the incorporators. (d) The incorporators shall file for recording a certified copy of the articles of incorporation in the office of the county clerk in the county in which the principal office of the corporation in this state is located. Acts 1937, No. 342, § 8; Pope's Dig., § 2322; A.S.A. 1947, § 77-1108.

(a) The original copy of the articles of incorporation shall be signed by the incorporators and acknowledged before any officer authorized by the law of this state to acknowledge the execution of deeds and conveyances.

(b) The original copy of the articles of incorporation shall be filed in the office of the Secretary of State.

(c) If the Secretary of State finds that the articles of incorporation conform to law and when the fees prescribed by this subchapter have been paid, he or she shall: (1) Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof; (2) File the original in his or her office; and (3) Issue a certificate of incorporation to the incorporators.

(1) Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof;

(2) File the original in his or her office; and

(3) Issue a certificate of incorporation to the incorporators.

(d) The incorporators shall file for recording a certified copy of the articles of incorporation in the office of the county clerk in the county in which the principal office of the corporation in this state is located.

Acts 1937, No. 342, § 8; Pope's Dig., § 2322; A.S.A. 1947, § 77-1108.
Ark. Code Ann. § 23-78-107 — AR Code / Title 23 / Chapter 78 / Section 23-78-107
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 72, eff. 7/1/2018. Acts 1953, No. 91, § 4; 1957, No. 403, §§ 1, 2; 1961, No. 84, § 1; 1965, No. 83, § 1; 1981, No. 360, § 1; 1983, No. 784, § 1; 1985, No. 679, § 2; A.S.A. 1947, §§ 66-1804 -- 66-1804.2; Acts 2011, No. 875, § 1.

Repealed by Act 2017, No. 788,§ 72, eff. 7/1/2018.

Acts 1953, No. 91, § 4; 1957, No. 403, §§ 1, 2; 1961, No. 84, § 1; 1965, No. 83, § 1; 1981, No. 360, § 1; 1983, No. 784, § 1; 1985, No. 679, § 2; A.S.A. 1947, §§ 66-1804 -- 66-1804.2; Acts 2011, No. 875, § 1.
Ark. Code Ann. § 23-51-150 — AR Code / Title 23 / Chapter 51 / Section 23-51-150
Merger authority
Status: in_force

(a) With the prior written approval of the Bank Commissioner, a state trust company may merge or consolidate with a state bank to the same extent as a state bank under the Arkansas Banking Code of 1997 or with another person to the same extent as a business corporation under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., subject to this chapter. (b) Implementation of a plan of merger by a trust company and a state bank, approval of the board, and shareholders of the parties must be made or obtained as provided by the Arkansas Banking Code of 1997 as if the state trust company were a state bank, except as otherwise provided by rules adopted under this chapter. (c) Implementation of the plan of merger with a person other than a state bank, approval of the board and shareholders of the parties must be made or obtained as provided by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., as if the state trust company were a domestic corporation and all other parties to the merger were foreign corporations and other entities, except as otherwise provided by rules adopted under this chapter. Amended by Act 2019, No. 315,§ 2595, eff. 7/24/2019. Acts 1997, No. 940, § 50.

(a) With the prior written approval of the Bank Commissioner, a state trust company may merge or consolidate with a state bank to the same extent as a state bank under the Arkansas Banking Code of 1997 or with another person to the same extent as a business corporation under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., subject to this chapter.

(b) Implementation of a plan of merger by a trust company and a state bank, approval of the board, and shareholders of the parties must be made or obtained as provided by the Arkansas Banking Code of 1997 as if the state trust company were a state bank, except as otherwise provided by rules adopted under this chapter.

(c) Implementation of the plan of merger with a person other than a state bank, approval of the board and shareholders of the parties must be made or obtained as provided by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., as if the state trust company were a domestic corporation and all other parties to the merger were foreign corporations and other entities, except as otherwise provided by rules adopted under this chapter.

Amended by Act 2019, No. 315,§ 2595, eff. 7/24/2019.

Acts 1997, No. 940, § 50.
Ark. Code Ann. § 23-63-1804 — AR Code / Title 23 / Chapter 63 / Subchapter 18 / Section 23-63-1804
Recoupments - Required disclosures
Status: in_force

If a healthcare insurer exercises recoupment, then the healthcare insurer shall provide the healthcare provider written documentation that specifies the: (1) Amount of the recoupment; (2) Covered person's name to whom the recoupment applies; (3) Patient identification number; (4) Date or dates of service; (5) Service or services on which the recoupment is based; (6) Pending claims being recouped or future claims that will be recouped; and (7) Specific reason for the recoupment. Acts 2005, No. 422, § 1.

If a healthcare insurer exercises recoupment, then the healthcare insurer shall provide the healthcare provider written documentation that specifies the:

(1) Amount of the recoupment;

(2) Covered person's name to whom the recoupment applies;

(3) Patient identification number;

(4) Date or dates of service;

(5) Service or services on which the recoupment is based;

(6) Pending claims being recouped or future claims that will be recouped; and

(7) Specific reason for the recoupment.

Acts 2005, No. 422, § 1.
Ark. Code Ann. § 23-3-108 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-108
Domestication of foreign railroad, pipeline, or electric light and power corporations
Status: in_force

(a) (1) Before any foreign railroad corporation, foreign pipeline corporation, or foreign light and power corporation organized for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use shall be permitted to avail itself of the benefits of this section and §§ 23-11-302 , 23-11-401 , 23-11-402 , and 23-11-404 , or any part thereof, the corporation shall file with the Secretary of State a certified copy of its articles of incorporation or articles of organization, if incorporated or organized under a general law of the state or territory, or a certified copy of the statute laws of the state or territory incorporating or organizing the company where the charter of the railroad, pipeline, or light and power corporation was granted by special statute of the state. (2) Upon the filing of its articles of incorporation, articles of organization, or its charter and payment of the fees prescribed by law for railroad, pipeline, or light and power charters, the railroad, pipeline, or light and power company, for all intents and purposes, shall become a railroad, pipeline, or light and power corporation of this state, subject to all the laws of this state, the same as if it were formally incorporated or organized in this state, anything in its articles of incorporation, articles of organization, or charter to the contrary notwithstanding. (3) Such acts on the part of the corporation shall be conclusive evidence of the intent of the corporation to create and become a domestic corporation. (b) In all suits or proceedings instituted against any domesticated corporation, process may be served upon the agent of the corporation in this state in the same manner that process is authorized by law to be served upon the agents of railroad, pipeline, or light and power corporations organized and existing under the laws of this state. Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8424; Acts 1925, No. 254, § 1; Pope's Dig., § 10998; Acts 1965, No. 11, § 1; A.S.A. 1947, § 73-427; Acts 2001, No. 1291, § 11.

(a) (1) Before any foreign railroad corporation, foreign pipeline corporation, or foreign light and power corporation organized for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use shall be permitted to avail itself of the benefits of this section and §§ 23-11-302 , 23-11-401 , 23-11-402 , and 23-11-404 , or any part thereof, the corporation shall file with the Secretary of State a certified copy of its articles of incorporation or articles of organization, if incorporated or organized under a general law of the state or territory, or a certified copy of the statute laws of the state or territory incorporating or organizing the company where the charter of the railroad, pipeline, or light and power corporation was granted by special statute of the state. (2) Upon the filing of its articles of incorporation, articles of organization, or its charter and payment of the fees prescribed by law for railroad, pipeline, or light and power charters, the railroad, pipeline, or light and power company, for all intents and purposes, shall become a railroad, pipeline, or light and power corporation of this state, subject to all the laws of this state, the same as if it were formally incorporated or organized in this state, anything in its articles of incorporation, articles of organization, or charter to the contrary notwithstanding. (3) Such acts on the part of the corporation shall be conclusive evidence of the intent of the corporation to create and become a domestic corporation.

(1) Before any foreign railroad corporation, foreign pipeline corporation, or foreign light and power corporation organized for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use shall be permitted to avail itself of the benefits of this section and §§ 23-11-302 , 23-11-401 , 23-11-402 , and 23-11-404 , or any part thereof, the corporation shall file with the Secretary of State a certified copy of its articles of incorporation or articles of organization, if incorporated or organized under a general law of the state or territory, or a certified copy of the statute laws of the state or territory incorporating or organizing the company where the charter of the railroad, pipeline, or light and power corporation was granted by special statute of the state.

(2) Upon the filing of its articles of incorporation, articles of organization, or its charter and payment of the fees prescribed by law for railroad, pipeline, or light and power charters, the railroad, pipeline, or light and power company, for all intents and purposes, shall become a railroad, pipeline, or light and power corporation of this state, subject to all the laws of this state, the same as if it were formally incorporated or organized in this state, anything in its articles of incorporation, articles of organization, or charter to the contrary notwithstanding.

(3) Such acts on the part of the corporation shall be conclusive evidence of the intent of the corporation to create and become a domestic corporation.

(b) In all suits or proceedings instituted against any domesticated corporation, process may be served upon the agent of the corporation in this state in the same manner that process is authorized by law to be served upon the agents of railroad, pipeline, or light and power corporations organized and existing under the laws of this state.

Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8424; Acts 1925, No. 254, § 1; Pope's Dig., § 10998; Acts 1965, No. 11, § 1; A.S.A. 1947, § 73-427; Acts 2001, No. 1291, § 11.
Ark. Code Ann. § 23-89-213 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-213
Proof of insurance
Status: in_force

(a) All insurance companies authorized to do business in this state and issuing automobile liability insurance policies in this state shall furnish to the insured a proof-of-insurance card. (b) The proof-of-insurance card or any temporary proof of insurance issued by the insurance company shall contain the following information: (1) The name, address, telephone number, and National Association of Insurance Commissioners' code number of the insurer; (2) The name and telephone number of the local agent through whom the policy was issued, if any, or a blank space where a local agent's name may be stamped or filled in; (3) The policy number; (4) The effective date of the insurance policy coverage and the expiration date of the insurance policy coverage; (5) The vehicle identification number and a brief description of the insured vehicle, except that an insurance card for fleet vehicles is not required to list a separate vehicle identification number for each vehicle in the fleet; (6) The name and address of the insured person; and (7) The designation "Excluded Driver(s)" if a person or persons are excluded from coverage under the insurance policy. (c) At the discretion of the Insurance Commissioner, any person or insurance company that violates this section may be subject to the following penalties: (1) Suspension or revocation of the person's or insurer's certificate of authority to transact insurance in this state under § 23-63-213 ; or (2) A monetary penalty in lieu of revocation or suspension as provided under § 23-63-213 . Amended by Act 2013, No. 355,§ 15, eff. 8/16/2013. Acts 2001, No. 1828, § 1; 2003, No. 998, § 1; 2005, No. 506, § 47; 2007, No. 485, § 1.

(a) All insurance companies authorized to do business in this state and issuing automobile liability insurance policies in this state shall furnish to the insured a proof-of-insurance card.

(b) The proof-of-insurance card or any temporary proof of insurance issued by the insurance company shall contain the following information: (1) The name, address, telephone number, and National Association of Insurance Commissioners' code number of the insurer; (2) The name and telephone number of the local agent through whom the policy was issued, if any, or a blank space where a local agent's name may be stamped or filled in; (3) The policy number; (4) The effective date of the insurance policy coverage and the expiration date of the insurance policy coverage; (5) The vehicle identification number and a brief description of the insured vehicle, except that an insurance card for fleet vehicles is not required to list a separate vehicle identification number for each vehicle in the fleet; (6) The name and address of the insured person; and (7) The designation "Excluded Driver(s)" if a person or persons are excluded from coverage under the insurance policy.

(1) The name, address, telephone number, and National Association of Insurance Commissioners' code number of the insurer;

(2) The name and telephone number of the local agent through whom the policy was issued, if any, or a blank space where a local agent's name may be stamped or filled in;

(3) The policy number;

(4) The effective date of the insurance policy coverage and the expiration date of the insurance policy coverage;

(5) The vehicle identification number and a brief description of the insured vehicle, except that an insurance card for fleet vehicles is not required to list a separate vehicle identification number for each vehicle in the fleet;

(6) The name and address of the insured person; and

(7) The designation "Excluded Driver(s)" if a person or persons are excluded from coverage under the insurance policy.

(c) At the discretion of the Insurance Commissioner, any person or insurance company that violates this section may be subject to the following penalties: (1) Suspension or revocation of the person's or insurer's certificate of authority to transact insurance in this state under § 23-63-213 ; or (2) A monetary penalty in lieu of revocation or suspension as provided under § 23-63-213 .

(1) Suspension or revocation of the person's or insurer's certificate of authority to transact insurance in this state under § 23-63-213 ; or

(2) A monetary penalty in lieu of revocation or suspension as provided under § 23-63-213 .

Amended by Act 2013, No. 355,§ 15, eff. 8/16/2013.

Acts 2001, No. 1828, § 1; 2003, No. 998, § 1; 2005, No. 506, § 47; 2007, No. 485, § 1.
Ark. Code Ann. § 23-114-603 — AR Code / Title 23 / Chapter 114 / Subchapter 6 / Section 23-114-603
Information to be reported
Status: in_force

(a) The excise tax report required under § 23-114-602 shall include the following information: (1) The total number of bingo faces sold to all licensed authorized organizations in this state; and (2) Any other information that the Secretary of the Department of Finance and Administration determines is necessary to properly administer the excise tax levied by this subchapter. (b) A taxpayer shall maintain records to substantiate the contents of each report. Amended by Act 2019, No. 910,§ 3530, eff. 7/1/2019. Acts 2007, No. 388, § 1; 2009, No. 499, § 10.

(a) The excise tax report required under § 23-114-602 shall include the following information: (1) The total number of bingo faces sold to all licensed authorized organizations in this state; and (2) Any other information that the Secretary of the Department of Finance and Administration determines is necessary to properly administer the excise tax levied by this subchapter.

(1) The total number of bingo faces sold to all licensed authorized organizations in this state; and

(2) Any other information that the Secretary of the Department of Finance and Administration determines is necessary to properly administer the excise tax levied by this subchapter.

(b) A taxpayer shall maintain records to substantiate the contents of each report.

Amended by Act 2019, No. 910,§ 3530, eff. 7/1/2019.

Acts 2007, No. 388, § 1; 2009, No. 499, § 10.
Ark. Code Ann. § 23-1-115 — AR Code / Title 23 / Chapter 1 / Section 23-1-115
Citizens band radio equipment
Status: in_force

(a) (1) Citizens band radio equipment shall not be used unless that equipment is certified by the Federal Communications Commission. (2) Citizens band radio equipment shall not be operated on a frequency between twenty-four megahertz (24 MHz) and thirty-five megahertz (35 MHz) without authorization from the commission. (b) Nothing in this section shall be construed to affect any radio station that is licensed by the commission under 47 U.S.C. § 301 . (c) (1) A first violation of this section is a violation punishable by a fine of one hundred dollars ($100). (2) A second or subsequent violation of this section is a violation punishable by a fine not to exceed one thousand dollars ($1,000). Acts 2001, No. 1432, § 1; 2005, No. 1994, § 145.

(a) (1) Citizens band radio equipment shall not be used unless that equipment is certified by the Federal Communications Commission. (2) Citizens band radio equipment shall not be operated on a frequency between twenty-four megahertz (24 MHz) and thirty-five megahertz (35 MHz) without authorization from the commission.

(1) Citizens band radio equipment shall not be used unless that equipment is certified by the Federal Communications Commission.

(2) Citizens band radio equipment shall not be operated on a frequency between twenty-four megahertz (24 MHz) and thirty-five megahertz (35 MHz) without authorization from the commission.

(b) Nothing in this section shall be construed to affect any radio station that is licensed by the commission under 47 U.S.C. § 301 .

(c) (1) A first violation of this section is a violation punishable by a fine of one hundred dollars ($100). (2) A second or subsequent violation of this section is a violation punishable by a fine not to exceed one thousand dollars ($1,000).

(1) A first violation of this section is a violation punishable by a fine of one hundred dollars ($100).

(2) A second or subsequent violation of this section is a violation punishable by a fine not to exceed one thousand dollars ($1,000).

Acts 2001, No. 1432, § 1; 2005, No. 1994, § 145.
Ark. Code Ann. § 23-1-108 — AR Code / Title 23 / Chapter 1 / Section 23-1-108
Jurisdiction and venue of actions
Status: in_force

(a) Nothing in this act shall be construed to in any way restrict the jurisdiction of any court of equity. (b) Any action brought by or against the commission of which a court of equity has jurisdiction under the Arkansas Constitution may be brought either in equity or at law. However, all actions, whether in equity or at law, against the commission shall be brought in the Pulaski County Circuit Court. Acts 1935, No. 324, § 66; Pope's Dig., § 2126; A.S.A. 1947, § 73-262.

(a) Nothing in this act shall be construed to in any way restrict the jurisdiction of any court of equity.

(b) Any action brought by or against the commission of which a court of equity has jurisdiction under the Arkansas Constitution may be brought either in equity or at law. However, all actions, whether in equity or at law, against the commission shall be brought in the Pulaski County Circuit Court.

Acts 1935, No. 324, § 66; Pope's Dig., § 2126; A.S.A. 1947, § 73-262.
Ark. Code Ann. § 23-63-1205 — AR Code / Title 23 / Chapter 63 / Subchapter 12 / Section 23-63-1205
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015. Acts 1997, No. 1111, § 2.

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015.

Acts 1997, No. 1111, § 2.
Ark. Code Ann. § 23-50-104 — AR Code / Title 23 / Chapter 50 / Section 23-50-104
Circulation of false rumor injurious to bank
Status: in_force

A person is guilty of a Class A misdemeanor whenever he or she: (1) Maliciously, and without cause, circulates or causes to be circulated, either verbally or in writing, any rumor with the intent to injuriously affect the financial standing or reputation of any bank doing business in this state; (2) Makes any statement or circulates or assists in circulating any false rumor for the purpose of injuring the financial standing of any bank; or (3) Seeks either by word or action to start a run upon a bank or connives or conspires with any parties for the purpose of injuring the standing or reputation or starting a run on the bank. Acts 1997, No. 89, § 1.

A person is guilty of a Class A misdemeanor whenever he or she:

(1) Maliciously, and without cause, circulates or causes to be circulated, either verbally or in writing, any rumor with the intent to injuriously affect the financial standing or reputation of any bank doing business in this state;

(2) Makes any statement or circulates or assists in circulating any false rumor for the purpose of injuring the financial standing of any bank; or

(3) Seeks either by word or action to start a run upon a bank or connives or conspires with any parties for the purpose of injuring the standing or reputation or starting a run on the bank.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-76-115 — AR Code / Title 23 / Chapter 76 / Section 23-76-115
Open enrollment
Status: in_force

(a) (1) After a health maintenance organization has been in operation twenty-four (24) months, it shall have an annual open enrollment period of at least one (1) month during which it accepts enrollees up to the limits of its capacity, as determined by the health maintenance organization, in the order in which they apply for enrollment. (2) A health maintenance organization may apply to the Insurance Commissioner for authorization to impose such underwriting restrictions upon enrollment as are necessary to preserve its financial stability, to prevent excessive adverse selection by prospective enrollees, or to avoid unreasonably high or unmarketable charges for enrollee coverage for healthcare services. (3) The commissioner shall approve or deny the application within sixty (60) days of its receipt from the health maintenance organization. (b) Health maintenance organizations providing or arranging for services on a group contract basis may limit the open enrollment provided for in subsection (a) of this section to all members of the groups covered by the contracts. Acts 1975, No. 454, § 11; A.S.A. 1947, § 66-5211.

(a) (1) After a health maintenance organization has been in operation twenty-four (24) months, it shall have an annual open enrollment period of at least one (1) month during which it accepts enrollees up to the limits of its capacity, as determined by the health maintenance organization, in the order in which they apply for enrollment. (2) A health maintenance organization may apply to the Insurance Commissioner for authorization to impose such underwriting restrictions upon enrollment as are necessary to preserve its financial stability, to prevent excessive adverse selection by prospective enrollees, or to avoid unreasonably high or unmarketable charges for enrollee coverage for healthcare services. (3) The commissioner shall approve or deny the application within sixty (60) days of its receipt from the health maintenance organization.

(1) After a health maintenance organization has been in operation twenty-four (24) months, it shall have an annual open enrollment period of at least one (1) month during which it accepts enrollees up to the limits of its capacity, as determined by the health maintenance organization, in the order in which they apply for enrollment.

(2) A health maintenance organization may apply to the Insurance Commissioner for authorization to impose such underwriting restrictions upon enrollment as are necessary to preserve its financial stability, to prevent excessive adverse selection by prospective enrollees, or to avoid unreasonably high or unmarketable charges for enrollee coverage for healthcare services.

(3) The commissioner shall approve or deny the application within sixty (60) days of its receipt from the health maintenance organization.

(b) Health maintenance organizations providing or arranging for services on a group contract basis may limit the open enrollment provided for in subsection (a) of this section to all members of the groups covered by the contracts.

Acts 1975, No. 454, § 11; A.S.A. 1947, § 66-5211.
Ark. Code Ann. § 23-86-209 — AR Code / Title 23 / Chapter 86 / Subchapter 2 / Section 23-86-209
Effective date
Status: in_force

(a) The provisions of this subchapter shall apply to each health benefit plan for a small employer that is delivered, issued for delivery, renewed, or continued in this state after July 1, 1997. (b) For purposes of this section, the date a plan is continued is the first rating period which commences after July 1, 1997. Acts 1991, No. 1143, § 2; 1997, No. 1000, § 23.

(a) The provisions of this subchapter shall apply to each health benefit plan for a small employer that is delivered, issued for delivery, renewed, or continued in this state after July 1, 1997.

(b) For purposes of this section, the date a plan is continued is the first rating period which commences after July 1, 1997.

Acts 1991, No. 1143, § 2; 1997, No. 1000, § 23.
Ark. Code Ann. § 23-3-106 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-106
Stocks, bonds, notes, etc. - Disposition of proceeds
Status: in_force

The commission shall have the power to require every public utility, other than municipalities, to account for the disposition of the proceeds of all sales of stocks, bonds, notes, or other evidence of indebtedness, in such form and detail as it may deem advisable. Also, the commission shall have the power to establish such rules as it may deem necessary to insure the disposition of the proceeds for the purpose specified in its order. Amended by Act 2019, No. 315,§ 2379, eff. 7/24/2019. Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.

The commission shall have the power to require every public utility, other than municipalities, to account for the disposition of the proceeds of all sales of stocks, bonds, notes, or other evidence of indebtedness, in such form and detail as it may deem advisable. Also, the commission shall have the power to establish such rules as it may deem necessary to insure the disposition of the proceeds for the purpose specified in its order.

Amended by Act 2019, No. 315,§ 2379, eff. 7/24/2019.

Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.
Ark. Code Ann. § 23-76-117 — AR Code / Title 23 / Chapter 76 / Section 23-76-117
Investments
Status: in_force

With the exception of investments made in accordance with § 23-76-109(a)(1) and (2) and § 23-76-109(b) , the investable funds of a health maintenance organization shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of life insurance companies or other securities or investments as the Insurance Commissioner may permit. Acts 1975, No. 454, § 13; A.S.A. 1947, § 66-5213.

With the exception of investments made in accordance with § 23-76-109(a)(1) and (2) and § 23-76-109(b) , the investable funds of a health maintenance organization shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of life insurance companies or other securities or investments as the Insurance Commissioner may permit.

Acts 1975, No. 454, § 13; A.S.A. 1947, § 66-5213.
Ark. Code Ann. § 23-55-1004 — AR Code / Title 23 / Chapter 55 / Section 23-55-1004
Reserved
Status: repealed

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-63-507 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-507
Control of or merger with domestic insurer - Exceptions
Status: in_force

The provisions of §§ 23-63-506 - 23-63-513 shall not apply to: (1) Any offers, requests, invitations, agreements, or acquisitions by the person referred to in § 23-63-506 of any voting security referred to in that section which, immediately prior to the consummation of the offer, request, invitation, agreement, or acquisition, was not issued and outstanding and the issuance of which will not have the effect of changing or influencing the control of a domestic insurer; (2) Any transaction which is subject to the provisions of §§ 23-69-142 - 23-69-145 of the laws of this state, dealing with the merger or consolidation of two (2) or more insurers; (3) Any offer, request, invitation, agreement, or acquisition which the commissioner, by order, shall exempt therefrom as: (A) Not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer; or (B) As otherwise not comprehended within the purposes of §§ 23-63-506 - 23-63-513 . Acts 1971, No. 288, § 5; 1985, No. 804, § 3; A.S.A. 1947, § 66-5005.

The provisions of §§ 23-63-506 - 23-63-513 shall not apply to:

(1) Any offers, requests, invitations, agreements, or acquisitions by the person referred to in § 23-63-506 of any voting security referred to in that section which, immediately prior to the consummation of the offer, request, invitation, agreement, or acquisition, was not issued and outstanding and the issuance of which will not have the effect of changing or influencing the control of a domestic insurer;

(2) Any transaction which is subject to the provisions of §§ 23-69-142 - 23-69-145 of the laws of this state, dealing with the merger or consolidation of two (2) or more insurers;

(3) Any offer, request, invitation, agreement, or acquisition which the commissioner, by order, shall exempt therefrom as: (A) Not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer; or (B) As otherwise not comprehended within the purposes of §§ 23-63-506 - 23-63-513 .

(A) Not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer; or

(B) As otherwise not comprehended within the purposes of §§ 23-63-506 - 23-63-513 .

Acts 1971, No. 288, § 5; 1985, No. 804, § 3; A.S.A. 1947, § 66-5005.
Ark. Code Ann. § 23-94-214 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-214
Binding effect of orders issued in United States District Court
Status: in_force

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that the risk retention group is in hazardous financial or financially impaired condition shall be enforceable in the courts of the state. Acts 1995, No. 623, § 1.

An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state, or in all states or in any territory or possession of the United States, upon a finding that the risk retention group is in hazardous financial or financially impaired condition shall be enforceable in the courts of the state.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-70-101 — AR Code / Title 23 / Chapter 70 / Section 23-70-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Attorney" refers to the attorney in fact of a reciprocal insurer. The attorney may be an individual, firm, or corporation. The attorney of a foreign or alien reciprocal insurer, which insurer is duly authorized to transact insurance in this state, shall not, by virtue of discharge of its duties as the attorney with respect to the insurer's transactions in this state, be thereby deemed to be doing business in this state within the meaning of any laws of this state applying to foreign firms or corporations; (2) "Reciprocal" insurance is that resulting from an interexchange among persons, known as "subscribers", of reciprocal agreements of indemnity, the interexchange being effectuated through an "attorney in fact" common to all the persons; and (3) "Reciprocal insurer" means an unincorporated aggregation of subscribers operating individually and collectively through an attorney in fact to provide reciprocal insurance among themselves. Acts 1959, No. 148, §§ 510, 511, 515; A.S.A. 1947, §§ 66-4301, 66-4302, 66-4306.

As used in this chapter, unless the context otherwise requires:

(1) "Attorney" refers to the attorney in fact of a reciprocal insurer. The attorney may be an individual, firm, or corporation. The attorney of a foreign or alien reciprocal insurer, which insurer is duly authorized to transact insurance in this state, shall not, by virtue of discharge of its duties as the attorney with respect to the insurer's transactions in this state, be thereby deemed to be doing business in this state within the meaning of any laws of this state applying to foreign firms or corporations;

(2) "Reciprocal" insurance is that resulting from an interexchange among persons, known as "subscribers", of reciprocal agreements of indemnity, the interexchange being effectuated through an "attorney in fact" common to all the persons; and

(3) "Reciprocal insurer" means an unincorporated aggregation of subscribers operating individually and collectively through an attorney in fact to provide reciprocal insurance among themselves.

Acts 1959, No. 148, §§ 510, 511, 515; A.S.A. 1947, §§ 66-4301, 66-4302, 66-4306.
Ark. Code Ann. § 23-115-104 — AR Code / Title 23 / Chapter 115 / Subchapter 1 / Section 23-115-104
[Repealed]
Status: repealed

Repealed by Act 2021, No. 636,§ 5, eff. 4/12/2021. Amended by Act 2019, No. 910,§ 2354, eff. 7/1/2019. Amended by Act 2015, No. 1258,§ 21, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2011, No. 1173, § 2.

Repealed by Act 2021, No. 636,§ 5, eff. 4/12/2021.

Amended by Act 2019, No. 910,§ 2354, eff. 7/1/2019.

Amended by Act 2015, No. 1258,§ 21, eff. 7/22/2015.

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

Acts 2011, No. 1173, § 2.
Ark. Code Ann. § 23-88-206 — AR Code / Title 23 / Chapter 88 / Subchapter 2 / Section 23-88-206
Mandatory use
Status: in_force

(a) The use of the antiarson application shall be mandatory for commercial monoline fire policies, designated occupancies, and designated areas of the state, based upon a finding by the Insurance Commissioner, after a public hearing, that the commercial monoline fire policies, the designated occupancies, and the areas of the state have an abnormally high incidence of arson. (b) However, if the commissioner desires to extend the application of this subchapter to other than commercial monoline fire policies, he or she must first find, after public hearing, that the properties insured through those other types of policies are especially prone to arson. (c) Designation of any area of the state under this subchapter shall not be deemed a valid reason for refusal to write, for termination, or for nonrenewal of any policy or contract of insurance. Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.

(a) The use of the antiarson application shall be mandatory for commercial monoline fire policies, designated occupancies, and designated areas of the state, based upon a finding by the Insurance Commissioner, after a public hearing, that the commercial monoline fire policies, the designated occupancies, and the areas of the state have an abnormally high incidence of arson.

(b) However, if the commissioner desires to extend the application of this subchapter to other than commercial monoline fire policies, he or she must first find, after public hearing, that the properties insured through those other types of policies are especially prone to arson.

(c) Designation of any area of the state under this subchapter shall not be deemed a valid reason for refusal to write, for termination, or for nonrenewal of any policy or contract of insurance.

Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.
Ark. Code Ann. § 23-37-810 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-810
Acquirer of an Arkansas association or Arkansas savings and loan holding company subject to Arkansas laws
Status: in_force

Any southern region association or southern region savings and loan holding company which directly or indirectly acquires an Arkansas association or an Arkansas savings and loan holding company is subject to all the laws of this state relating to the acquisition, ownership, expansion, and operation of Arkansas associations and Arkansas savings and loan holding companies. Acts 1987, No. 45, § 9.

Any southern region association or southern region savings and loan holding company which directly or indirectly acquires an Arkansas association or an Arkansas savings and loan holding company is subject to all the laws of this state relating to the acquisition, ownership, expansion, and operation of Arkansas associations and Arkansas savings and loan holding companies.

Acts 1987, No. 45, § 9.
Ark. Code Ann. § 23-11-207 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-207
Filing of papers - Effect
Status: in_force

(a) Certified copies of the articles of incorporation together with copies of the charter issued by the Secretary of State and the order of the Arkansas Department of Transportation shall be filed in the office of the county clerk of each county through which the proposed line shall be situated or into which the proposed line shall extend. (b) Upon the filing of the articles in the office of the county clerk as provided in subsection (a) of this section, the corporation shall be subject to all liabilities otherwise provided by the law of this state except as such powers may be limited by the articles of incorporation. Amended by Act 2017, No. 707,§ 160, eff. 8/1/2017. Acts 1959, No. 30, § 4; A.S.A. 1947, § 73-308.1.

(a) Certified copies of the articles of incorporation together with copies of the charter issued by the Secretary of State and the order of the Arkansas Department of Transportation shall be filed in the office of the county clerk of each county through which the proposed line shall be situated or into which the proposed line shall extend.

(b) Upon the filing of the articles in the office of the county clerk as provided in subsection (a) of this section, the corporation shall be subject to all liabilities otherwise provided by the law of this state except as such powers may be limited by the articles of incorporation.

Amended by Act 2017, No. 707,§ 160, eff. 8/1/2017.

Acts 1959, No. 30, § 4; A.S.A. 1947, § 73-308.1.
Ark. Code Ann. § 23-17-107 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-107
Interception of message - Injuring equipment - Penalty
Status: in_force

If any person without authority intercepts a dispatch or message transmitted by telephone or willfully destroys or injures any telephone pole, wire, cable, or fixture, he or she is guilty of a Class A misdemeanor. Acts 1885, No. 107, § 9, p. 176; C. & M. Dig., § 10246; Pope's Dig., § 14255; A.S.A. 1947, § 73-1810; Acts 2005, No. 1994, § 204.

If any person without authority intercepts a dispatch or message transmitted by telephone or willfully destroys or injures any telephone pole, wire, cable, or fixture, he or she is guilty of a Class A misdemeanor.

Acts 1885, No. 107, § 9, p. 176; C. & M. Dig., § 10246; Pope's Dig., § 14255; A.S.A. 1947, § 73-1810; Acts 2005, No. 1994, § 204.
Ark. Code Ann. § 23-64-509 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-509
Exemption from examination
Status: in_force

(a) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the application is received within ninety (90) days after the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer database records, maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, and indicates that the producer is or was licensed in good standing for the line of authority requested. (b) A person licensed as an insurance producer in another state who moves to this state shall make application within ninety (90) days after establishing legal residence to become a resident licensee pursuant to § 23-64-506 . No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state except when the Insurance Commissioner determines otherwise by rule. Amended by Act 2019, No. 315,§ 2657, eff. 7/24/2019. Acts 2001, No. 580, § 1.

(a) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the application is received within ninety (90) days after the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer database records, maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, and indicates that the producer is or was licensed in good standing for the line of authority requested.

(b) A person licensed as an insurance producer in another state who moves to this state shall make application within ninety (90) days after establishing legal residence to become a resident licensee pursuant to § 23-64-506 . No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state except when the Insurance Commissioner determines otherwise by rule.

Amended by Act 2019, No. 315,§ 2657, eff. 7/24/2019.

Acts 2001, No. 580, § 1.
Ark. Code Ann. § 23-100-101 — AR Code / Title 23 / Chapter 100 / Section 23-100-101
Title
Status: in_force

This chapter shall be known as the "State Insurance Department Criminal Investigation Division Trust Fund Act". Acts 1997, No. 337, § 1; 2005, No. 1697, § 25.

This chapter shall be known as the "State Insurance Department Criminal Investigation Division Trust Fund Act".

Acts 1997, No. 337, § 1; 2005, No. 1697, § 25.
Ark. Code Ann. § 23-99-1501 — AR Code / Title 23 / Chapter 99 / Subchapter 15 / Section 23-99-1501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Billing in the Best Interest of Patients Act". Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Billing in the Best Interest of Patients Act".

Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-35-202 — AR Code / Title 23 / Chapter 35 / Subchapter 2 / Section 23-35-202
Authority of State Credit Union Supervisor - Rules and regulations
Status: in_force

(a) All state-chartered credit unions shall be supervised and regulated by the State Credit Union Supervisor acting pursuant to the authority delegated by this chapter. The supervisor shall be responsible for the enforcement of this chapter and the credit union bylaws, and he or she shall have the authority to adopt rules governing credit unions in a manner consistent with this chapter and other statutes of Arkansas. (b) The supervisor may, irrespective of any limitations in this chapter and subject to other Arkansas law, make reasonable rules authorizing a credit union to exercise any of the powers conferred upon a federally chartered credit union doing business in this state which is subject to the regulations of the National Credit Union Administration, if the supervisor finds that the exercise of the power: (1) Serves the public convenience and advantage; and (2) Equalizes and maintains the quality of competition between state-chartered credit unions and federally chartered credit unions. This includes, but it is not limited to: (A) The offering of the various types of accounts offered by federal credit unions; (B) Designation of the legal relationships of an account holder; (C) Adoption of any dividend paying date or other procedure or practice of paying dividends; (D) Adoption of any business practice, procedure, method, or system authorized for federal credit unions; and (E) The making of any loan or investment that a federal credit union doing business in this state is authorized to make. Amended by Act 2019, No. 315,§ 2486, eff. 7/24/2019. Acts 1971, No. 132, § 40; 1979, No. 85, § 1; A.S.A. 1947, § 67-940.

(a) All state-chartered credit unions shall be supervised and regulated by the State Credit Union Supervisor acting pursuant to the authority delegated by this chapter. The supervisor shall be responsible for the enforcement of this chapter and the credit union bylaws, and he or she shall have the authority to adopt rules governing credit unions in a manner consistent with this chapter and other statutes of Arkansas.

(b) The supervisor may, irrespective of any limitations in this chapter and subject to other Arkansas law, make reasonable rules authorizing a credit union to exercise any of the powers conferred upon a federally chartered credit union doing business in this state which is subject to the regulations of the National Credit Union Administration, if the supervisor finds that the exercise of the power: (1) Serves the public convenience and advantage; and (2) Equalizes and maintains the quality of competition between state-chartered credit unions and federally chartered credit unions. This includes, but it is not limited to: (A) The offering of the various types of accounts offered by federal credit unions; (B) Designation of the legal relationships of an account holder; (C) Adoption of any dividend paying date or other procedure or practice of paying dividends; (D) Adoption of any business practice, procedure, method, or system authorized for federal credit unions; and (E) The making of any loan or investment that a federal credit union doing business in this state is authorized to make.

(1) Serves the public convenience and advantage; and

(2) Equalizes and maintains the quality of competition between state-chartered credit unions and federally chartered credit unions. This includes, but it is not limited to: (A) The offering of the various types of accounts offered by federal credit unions; (B) Designation of the legal relationships of an account holder; (C) Adoption of any dividend paying date or other procedure or practice of paying dividends; (D) Adoption of any business practice, procedure, method, or system authorized for federal credit unions; and (E) The making of any loan or investment that a federal credit union doing business in this state is authorized to make.

(A) The offering of the various types of accounts offered by federal credit unions;

(B) Designation of the legal relationships of an account holder;

(C) Adoption of any dividend paying date or other procedure or practice of paying dividends;

(D) Adoption of any business practice, procedure, method, or system authorized for federal credit unions; and

(E) The making of any loan or investment that a federal credit union doing business in this state is authorized to make.

Amended by Act 2019, No. 315,§ 2486, eff. 7/24/2019.

Acts 1971, No. 132, § 40; 1979, No. 85, § 1; A.S.A. 1947, § 67-940.
Ark. Code Ann. § 23-88-309 — AR Code / Title 23 / Chapter 88 / Subchapter 3 / Section 23-88-309
Appeals
Status: in_force

Any applicant for a policy, any persons insured under the plan, and any agency or insurer affected by the plan may appeal to the Insurance Commissioner any ruling or decision of the governing board or the authorized representative designated to operate a plan. Acts 1985 (1st Ex. Sess.), No. 25, § 6; A.S.A. 1947, § 66-6106.

Any applicant for a policy, any persons insured under the plan, and any agency or insurer affected by the plan may appeal to the Insurance Commissioner any ruling or decision of the governing board or the authorized representative designated to operate a plan.

Acts 1985 (1st Ex. Sess.), No. 25, § 6; A.S.A. 1947, § 66-6106.
Ark. Code Ann. § 23-32-502 — AR Code / Title 23 / Chapter 32 / Subchapter 5 / Section 23-32-502
Scope of subchapter
Status: in_force

(a) This subchapter applies to accounts in this state. (b) This subchapter does not apply to: (1) An account established for a partnership, joint venture, or other organization for a business purpose; (2) An account controlled by one (1) or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization; or (3) A fiduciary or trust account in which the relationship is established other than by the terms of the account. Acts 1997, No. 85, § 2.

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

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

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

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

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

Acts 1997, No. 85, § 2.
Ark. Code Ann. § 23-97-305 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-305
Requirements for associations
Status: in_force

(a) Prior to advertising, marketing, or offering a policy within this state, an association or the insurer of the association shall file evidence with the Insurance Commissioner that the association has: (1) A minimum of one hundred (100) persons; (2) Been organized and maintained in good faith for purposes other than that of obtaining insurance; (3) Been in active existence for at least one (1) year; and (4) Had a constitution and bylaws providing that: (A) The association holds regular meetings not less than annually to further purposes of the members; (B) Except for credit unions, the association collects dues or solicits contributions from members; and (C) The members have voting privileges and representation on the governing board and committees. (b) Thirty (30) days after the filing, the association or associations will be deemed to satisfy the organizational requirements unless the commissioner makes a finding that the association or associations do not satisfy those organizational requirements. Acts 2005, No. 1697, § 31.

(a) Prior to advertising, marketing, or offering a policy within this state, an association or the insurer of the association shall file evidence with the Insurance Commissioner that the association has: (1) A minimum of one hundred (100) persons; (2) Been organized and maintained in good faith for purposes other than that of obtaining insurance; (3) Been in active existence for at least one (1) year; and (4) Had a constitution and bylaws providing that: (A) The association holds regular meetings not less than annually to further purposes of the members; (B) Except for credit unions, the association collects dues or solicits contributions from members; and (C) The members have voting privileges and representation on the governing board and committees.

(1) A minimum of one hundred (100) persons;

(2) Been organized and maintained in good faith for purposes other than that of obtaining insurance;

(3) Been in active existence for at least one (1) year; and

(4) Had a constitution and bylaws providing that: (A) The association holds regular meetings not less than annually to further purposes of the members; (B) Except for credit unions, the association collects dues or solicits contributions from members; and (C) The members have voting privileges and representation on the governing board and committees.

(A) The association holds regular meetings not less than annually to further purposes of the members;

(B) Except for credit unions, the association collects dues or solicits contributions from members; and

(C) The members have voting privileges and representation on the governing board and committees.

(b) Thirty (30) days after the filing, the association or associations will be deemed to satisfy the organizational requirements unless the commissioner makes a finding that the association or associations do not satisfy those organizational requirements.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-69-511 — AR Code / Title 23 / Chapter 69 / Subchapter 5 / Section 23-69-511
Fees - Reimbursements
Status: in_force

(a) At the time of filing its application with the Insurance Commissioner for review and approval of an insurance business transfer plan, an applicant shall pay a nonrefundable fee to the State Insurance Department in the amount of ten thousand dollars ($10,000). (b) In the commissioner's discretion, the department may participate in the proceedings undertaken under this subchapter, and the applicant shall reimburse the department for any compensation and benefits paid to the personnel of the department for time spent engaged in the proceedings, including without limitation examiners, actuaries, attorneys, managers, and paraprofessionals. (c) The commissioner may retain independent attorneys, appraisers, actuaries, certified public accountants, or other professionals and specialists to assist department personnel in connection with the review required by this subchapter, and the cost shall be borne by the applicant. (d) The applicant shall pay the expenses of the department and its authorized consultants incurred in fulfilling their obligations under this subchapter, including the actual expenses of the department or the expenses and compensation of any consultants retained by the department. (e) Failure to pay any of the requisite fees or reimbursements within thirty (30) days of demand shall be grounds for the commissioner to request that the Pulaski County Circuit Court dismiss the petition for approval of the insurance business transfer plan before the filing of an implementation order by the court or, if after the filing of an implementation order, the commissioner may suspend or revoke the assuming insurer's certificate of authority to transact insurance business in this state. Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.

(a) At the time of filing its application with the Insurance Commissioner for review and approval of an insurance business transfer plan, an applicant shall pay a nonrefundable fee to the State Insurance Department in the amount of ten thousand dollars ($10,000).

(b) In the commissioner's discretion, the department may participate in the proceedings undertaken under this subchapter, and the applicant shall reimburse the department for any compensation and benefits paid to the personnel of the department for time spent engaged in the proceedings, including without limitation examiners, actuaries, attorneys, managers, and paraprofessionals.

(c) The commissioner may retain independent attorneys, appraisers, actuaries, certified public accountants, or other professionals and specialists to assist department personnel in connection with the review required by this subchapter, and the cost shall be borne by the applicant.

(d) The applicant shall pay the expenses of the department and its authorized consultants incurred in fulfilling their obligations under this subchapter, including the actual expenses of the department or the expenses and compensation of any consultants retained by the department.

(e) Failure to pay any of the requisite fees or reimbursements within thirty (30) days of demand shall be grounds for the commissioner to request that the Pulaski County Circuit Court dismiss the petition for approval of the insurance business transfer plan before the filing of an implementation order by the court or, if after the filing of an implementation order, the commissioner may suspend or revoke the assuming insurer's certificate of authority to transact insurance business in this state.

Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-48-509 — AR Code / Title 23 / Chapter 48 / Subchapter 5 / Section 23-48-509
Merger of wholly owned Arkansas bank holding company into state bank
Status: in_force

(a) With the approval of the Bank Commissioner, any wholly owned Arkansas bank holding company that owns all of the outstanding shares of each class of the capital stock of a subsidiary state bank may be merged into the bank to result in a state bank without the approval of the shareholders of either the wholly owned Arkansas bank holding company or the state bank, provided that the merger otherwise complies with the then-applicable law of this state. (b) The board of directors of the wholly owned Arkansas bank holding company and the board of directors of the state bank shall adopt a plan of merger that sets forth: (1) The names of the wholly owned Arkansas bank holding company and state bank; and (2) The manner and basis of converting the shares of the wholly owned Arkansas bank holding company into shares of the state bank. (c) The articles of merger containing the plan of merger, signed by each constituent corporation by its president or chief executive officer or a vice president, shall be filed with the commissioner in the manner required by law for the merger of state banks, and after the commissioner's approval, with the Secretary of State in the manner required by law for the merger of business corporations. (d) The articles of merger shall become effective upon the filing of the articles with the Secretary of State and, not more than sixty (60) days after the approval of the articles by the commissioner, as may be specified in the articles as the time when the merger shall become effective. Amended by Act 2017, No. 198,§ 12, eff. 8/1/2017. Acts 1997, No. 89, § 1.

(a) With the approval of the Bank Commissioner, any wholly owned Arkansas bank holding company that owns all of the outstanding shares of each class of the capital stock of a subsidiary state bank may be merged into the bank to result in a state bank without the approval of the shareholders of either the wholly owned Arkansas bank holding company or the state bank, provided that the merger otherwise complies with the then-applicable law of this state.

(b) The board of directors of the wholly owned Arkansas bank holding company and the board of directors of the state bank shall adopt a plan of merger that sets forth: (1) The names of the wholly owned Arkansas bank holding company and state bank; and (2) The manner and basis of converting the shares of the wholly owned Arkansas bank holding company into shares of the state bank.

(1) The names of the wholly owned Arkansas bank holding company and state bank; and

(2) The manner and basis of converting the shares of the wholly owned Arkansas bank holding company into shares of the state bank.

(c) The articles of merger containing the plan of merger, signed by each constituent corporation by its president or chief executive officer or a vice president, shall be filed with the commissioner in the manner required by law for the merger of state banks, and after the commissioner's approval, with the Secretary of State in the manner required by law for the merger of business corporations.

(d) The articles of merger shall become effective upon the filing of the articles with the Secretary of State and, not more than sixty (60) days after the approval of the articles by the commissioner, as may be specified in the articles as the time when the merger shall become effective.

Amended by Act 2017, No. 198,§ 12, eff. 8/1/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-67-310 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-310
Rules
Status: in_force

The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2675, eff. 7/24/2019. Acts 1991, No. 561, § 1.

The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2675, eff. 7/24/2019.

Acts 1991, No. 561, § 1.
Ark. Code Ann. § 23-4-634 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-634
Suit to compel refunds - Proceeds
Status: in_force

(a) If the public utility fails to make refunds within thirty (30) days after the effective date of the order requiring such refunds, the Arkansas Department of Transportation shall bring suit in the name of the State of Arkansas, for the use and benefits of all those entitled to a refund, in any court of competent jurisdiction and recover the amount of all refunds due together with interest thereon at a rate not to exceed the maximum rate otherwise allowed by law and all court costs. (b) No suit to recover the refunds shall be maintained unless instituted within two (2) years after the final determination. (c) The amount recovered shall be paid to the clerk of the court where the suit was pending. It shall be the clerk's duty to distribute the amount recovered to the persons entitled thereto as directed by the order of judgment of the court. Amended by Act 2017, No. 707,§ 131, 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; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

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

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

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

Amended by Act 2017, No. 707,§ 131, 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; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-13-703 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-703
Commercial vehicle registration not required
Status: in_force

A transportation network company driver: (1) Is not required to register the motor vehicle used for transportation network company services as a commercial or for-hire motor vehicle; and (2) May conduct transportation network company services with a standard, noncommercial driver's license and is not required to obtain a "P" endorsement or any other endorsement on the transportation network company driver's license. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

A transportation network company driver:

(1) Is not required to register the motor vehicle used for transportation network company services as a commercial or for-hire motor vehicle; and

(2) May conduct transportation network company services with a standard, noncommercial driver's license and is not required to obtain a "P" endorsement or any other endorsement on the transportation network company driver's license.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-115-304 — AR Code / Title 23 / Chapter 115 / Subchapter 3 / Section 23-115-304
Office of the Arkansas Lottery employees - Participation in Arkansas Public Employees' Retirement System
Status: in_force

(a) Employees of the Office of the Arkansas Lottery shall be members of the Arkansas Public Employees' Retirement System. (b) An office employee's compensation for retirement purposes includes the base salary of the employee under § 23-115-305 and any special salary allowances under § 23-115-306 . Amended by Act 2017, No. 693,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Amended by Act 2013, No. 1173,§ 15, eff. 4/12/2013. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2011, No. 20, § 2; 2011, No. 207, § 26.

(a) Employees of the Office of the Arkansas Lottery shall be members of the Arkansas Public Employees' Retirement System.

(b) An office employee's compensation for retirement purposes includes the base salary of the employee under § 23-115-305 and any special salary allowances under § 23-115-306 .

Amended by Act 2017, No. 693,§ 1, eff. 8/1/2017.

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

Amended by Act 2013, No. 1173,§ 15, eff. 4/12/2013.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2011, No. 20, § 2; 2011, No. 207, § 26.
Ark. Code Ann. § 23-61-401 — AR Code / Title 23 / Chapter 61 / Subchapter 4 / Section 23-61-401
License and miscellaneous fees
Status: in_force

The Insurance Commissioner shall collect annually or biennially as prescribed by rule of the commissioner and pay to the Treasurer of State the following fees, licenses, and miscellaneous charges: Click here to view form. Acts 1959, No. 148, § 68; 1965, No. 95, § 1; 1975, No. 729, § 3; 1977, No. 789, § 3; 1979, No. 942, §§ 9, 10; 1981, No. 809, § 1; 1983, No. 522, § 3; 1985, No. 804, §§ 22-25; A.S.A. 1947, § 66-2301; Acts 1987, No. 456, § 8; 1987, No. 927, § 1; 1999, No. 118, § 1; 1999, No. 384, §§ 1, 2; 2001, No. 1603, § 1; 2003, No. 1750, §§ 3[2], 4[3]; 2009, No. 726, §§ 7, 8.

The Insurance Commissioner shall collect annually or biennially as prescribed by rule of the commissioner and pay to the Treasurer of State the following fees, licenses, and miscellaneous charges:

Click here to view form.

Acts 1959, No. 148, § 68; 1965, No. 95, § 1; 1975, No. 729, § 3; 1977, No. 789, § 3; 1979, No. 942, §§ 9, 10; 1981, No. 809, § 1; 1983, No. 522, § 3; 1985, No. 804, §§ 22-25; A.S.A. 1947, § 66-2301; Acts 1987, No. 456, § 8; 1987, No. 927, § 1; 1999, No. 118, § 1; 1999, No. 384, §§ 1, 2; 2001, No. 1603, § 1; 2003, No. 1750, §§ 3[2], 4[3]; 2009, No. 726, §§ 7, 8.

61_401_1 - Attachment
Ark. Code Ann. § 23-4-605 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-605
Railroads and express companies - Overcharging prohibited
Status: in_force

(a) All agents of railroad and express companies doing business in this state are prohibited from charging, collecting, or receiving pay for any goods, wares, packages, merchandise, or any article whatever that may be sent or received by or through their respective offices in excess of the regular rates charged for those articles. (b) Any person who violates subsection (a) of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Amended by Act 2023, No. 180,§ 3, eff. 8/1/2023. Acts 1897, No. 53, §§ 1, 4, p. 72; C. & M. Dig., §§ 872, 874, 10250a; Pope's Dig., §§ 1076, 1078, 14260; A.S.A. 1947, §§ 73-1402, 73-1405.

(a) All agents of railroad and express companies doing business in this state are prohibited from charging, collecting, or receiving pay for any goods, wares, packages, merchandise, or any article whatever that may be sent or received by or through their respective offices in excess of the regular rates charged for those articles.

(b) Any person who violates subsection (a) of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Amended by Act 2023, No. 180,§ 3, eff. 8/1/2023.

Acts 1897, No. 53, §§ 1, 4, p. 72; C. & M. Dig., §§ 872, 874, 10250a; Pope's Dig., §§ 1076, 1078, 14260; A.S.A. 1947, §§ 73-1402, 73-1405.
Ark. Code Ann. § 23-116-103 — AR Code / Title 23 / Chapter 116 / Subchapter 1 / Section 23-116-103
Paid fantasy sports games authorized
Status: in_force

A game operator is authorized to conduct paid fantasy sports games through one (1) or more websites or platforms maintained and operated by the game operator. Added by Act 2017, No. 1075,§ 2, eff. 8/1/2017.

A game operator is authorized to conduct paid fantasy sports games through one (1) or more websites or platforms maintained and operated by the game operator.

Added by Act 2017, No. 1075,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 23-18-105 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-105
Use of Arkansas-mined coal
Status: in_force

(a) To the extent that it is technically, economically, and environmentally feasible, all electric utilities in Arkansas providing electric power for sale to consumers in Arkansas and generating electric power from coal-fired plants located in Arkansas shall burn a mixture of coal that contains a minimum of: (1) Three percent (3%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1988, until December 31, 1988; (2) Six percent (6%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1989, until December 31, 1989; and (3) Ten percent (10%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis each calendar year after January 1, 1990. (b) (1) (A) No electric utility shall be required to comply with this section if to do so would result in increasing the cost of electricity to its consumers over the cost incurred to serve them under existing or alternative coal purchase arrangements. (B) Types of increased costs to be considered in addition to the cost of the coal include, but are not limited to: (i) Plant modifications; (ii) Additional coal-handling facilities; (iii) Additional environmental cost necessary to burn Arkansas coal; or (iv) Any other costs or penalties which may be incurred as a result of burning Arkansas coal. (2) No public utility shall be required to comply with this section if to do so would result in the utility exceeding any of its state or federal air quality emission standards or any other conditions of its environmental permits. (3) No public utility shall be required to comply with the provisions of this section if to do so would result in the utility being unable to fulfill any existing contractual commitments for the purchase of coal or result in the purchase of a quantity of Arkansas coal above the amount the utility can utilize. (c) It shall be the responsibility of the Arkansas Public Service Commission to enforce compliance with the requirements of this section. Acts 1987, No. 553, §§ 1-3.

(a) To the extent that it is technically, economically, and environmentally feasible, all electric utilities in Arkansas providing electric power for sale to consumers in Arkansas and generating electric power from coal-fired plants located in Arkansas shall burn a mixture of coal that contains a minimum of: (1) Three percent (3%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1988, until December 31, 1988; (2) Six percent (6%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1989, until December 31, 1989; and (3) Ten percent (10%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis each calendar year after January 1, 1990.

(1) Three percent (3%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1988, until December 31, 1988;

(2) Six percent (6%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis from January 1, 1989, until December 31, 1989; and

(3) Ten percent (10%) Arkansas-mined coal as calculated on a British Thermal Unit (BTU) basis each calendar year after January 1, 1990.

(b) (1) (A) No electric utility shall be required to comply with this section if to do so would result in increasing the cost of electricity to its consumers over the cost incurred to serve them under existing or alternative coal purchase arrangements. (B) Types of increased costs to be considered in addition to the cost of the coal include, but are not limited to: (i) Plant modifications; (ii) Additional coal-handling facilities; (iii) Additional environmental cost necessary to burn Arkansas coal; or (iv) Any other costs or penalties which may be incurred as a result of burning Arkansas coal. (2) No public utility shall be required to comply with this section if to do so would result in the utility exceeding any of its state or federal air quality emission standards or any other conditions of its environmental permits. (3) No public utility shall be required to comply with the provisions of this section if to do so would result in the utility being unable to fulfill any existing contractual commitments for the purchase of coal or result in the purchase of a quantity of Arkansas coal above the amount the utility can utilize.

(1) (A) No electric utility shall be required to comply with this section if to do so would result in increasing the cost of electricity to its consumers over the cost incurred to serve them under existing or alternative coal purchase arrangements. (B) Types of increased costs to be considered in addition to the cost of the coal include, but are not limited to: (i) Plant modifications; (ii) Additional coal-handling facilities; (iii) Additional environmental cost necessary to burn Arkansas coal; or (iv) Any other costs or penalties which may be incurred as a result of burning Arkansas coal.

(A) No electric utility shall be required to comply with this section if to do so would result in increasing the cost of electricity to its consumers over the cost incurred to serve them under existing or alternative coal purchase arrangements.

(B) Types of increased costs to be considered in addition to the cost of the coal include, but are not limited to: (i) Plant modifications; (ii) Additional coal-handling facilities; (iii) Additional environmental cost necessary to burn Arkansas coal; or (iv) Any other costs or penalties which may be incurred as a result of burning Arkansas coal.

(i) Plant modifications;

(ii) Additional coal-handling facilities;

(iii) Additional environmental cost necessary to burn Arkansas coal; or

(iv) Any other costs or penalties which may be incurred as a result of burning Arkansas coal.

(2) No public utility shall be required to comply with this section if to do so would result in the utility exceeding any of its state or federal air quality emission standards or any other conditions of its environmental permits.

(3) No public utility shall be required to comply with the provisions of this section if to do so would result in the utility being unable to fulfill any existing contractual commitments for the purchase of coal or result in the purchase of a quantity of Arkansas coal above the amount the utility can utilize.

(c) It shall be the responsibility of the Arkansas Public Service Commission to enforce compliance with the requirements of this section.

Acts 1987, No. 553, §§ 1-3.
Ark. Code Ann. § 23-116-104 — AR Code / Title 23 / Chapter 116 / Subchapter 1 / Section 23-116-104
Tax on paid fantasy sports games
Status: in_force

(a) A game operator shall pay a tax for the privilege of conducting paid fantasy sports games under this chapter in an amount of eight percent (8%) of the game operator's gross paid fantasy sports game revenues from the previous state fiscal year. (b) The special privilege tax levied in subsection (a) of this section shall be: (1) Reported and remitted to the Department of Finance and Administration on a quarterly basis through the Arkansas Taxpayer Access Point or its successor on forms prescribed by the Secretary of the Department of Finance and Administration; and (2) Subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq. (c) The secretary shall promulgate rules to administer the tax levied under this section. Amended by Act 2019, No. 910,§ 3550, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3549, eff. 7/1/2019. Added by Act 2017, No. 1075,§ 2, eff. 8/1/2017.

(a) A game operator shall pay a tax for the privilege of conducting paid fantasy sports games under this chapter in an amount of eight percent (8%) of the game operator's gross paid fantasy sports game revenues from the previous state fiscal year.

(b) The special privilege tax levied in subsection (a) of this section shall be: (1) Reported and remitted to the Department of Finance and Administration on a quarterly basis through the Arkansas Taxpayer Access Point or its successor on forms prescribed by the Secretary of the Department of Finance and Administration; and (2) Subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(1) Reported and remitted to the Department of Finance and Administration on a quarterly basis through the Arkansas Taxpayer Access Point or its successor on forms prescribed by the Secretary of the Department of Finance and Administration; and

(2) Subject to the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(c) The secretary shall promulgate rules to administer the tax levied under this section.

Amended by Act 2019, No. 910,§ 3550, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3549, eff. 7/1/2019.

Added by Act 2017, No. 1075,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 23-63-1310 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1310
Supplemental provisions - Rules - Exemption
Status: in_force

(a) This subchapter is supplemental to other laws of this state and does not preclude or limit other powers or duties of the Insurance Commissioner under those laws, including without limitation § 23-68-101 et seq. (b) The commissioner may adopt reasonable rules necessary for the implementation of this subchapter. (c) The commissioner may exempt a domestic insurer licensed to do business in this state from this subchapter if the domestic insurer: (1) Writes direct business only in this state; (2) Writes direct annual premiums of two million dollars ($2,000,000) or less; and (3) Assumes no reinsurance more than five percent (5%) of direct premium written. Amended by Act 2015, No. 1223,§ 25, eff. 7/22/2015. Acts 1995, No. 622, § 1; 1999, No. 625, § 2; 2001, No. 8, § 1; 2011, No. 760, § 4.

(a) This subchapter is supplemental to other laws of this state and does not preclude or limit other powers or duties of the Insurance Commissioner under those laws, including without limitation § 23-68-101 et seq.

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

(c) The commissioner may exempt a domestic insurer licensed to do business in this state from this subchapter if the domestic insurer: (1) Writes direct business only in this state; (2) Writes direct annual premiums of two million dollars ($2,000,000) or less; and (3) Assumes no reinsurance more than five percent (5%) of direct premium written.

(1) Writes direct business only in this state;

(2) Writes direct annual premiums of two million dollars ($2,000,000) or less; and

(3) Assumes no reinsurance more than five percent (5%) of direct premium written.

Amended by Act 2015, No. 1223,§ 25, eff. 7/22/2015.

Acts 1995, No. 622, § 1; 1999, No. 625, § 2; 2001, No. 8, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-3-605 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-605
Conditions, limitations on grant of certificates
Status: in_force

Certificates shall be granted under this subchapter under the following provisions and conditions: (1) (A) Only proposed extension projects are eligible for recovery of the cost of excess expenditures under this subchapter. (B) Proposed extension projects are those for which neither actual construction activity has begun nor expenditures made, other than for planning the extension project, at the time the petition for the certificate is initially filed with the Arkansas Public Service Commission; (2) Certificates shall be granted under this subchapter only for proposed extension projects that will serve areas not served by any gas utility at the time of the filing of the petition for the certificate; (3) Certificates shall be granted under this subchapter only if the Arkansas Public Service Commission determines the extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest; (4) Certificates shall not be granted under this subchapter to recover excess expenditures incurred in replacing existing pipelines, equipment, or plants, unless the replacement is necessary for adequate gas supply for the proposed extension project; (5) When the Arkansas Public Service Commission has granted more than one (1) certificate to a gas utility, the Arkansas Public Service Commission may determine prospectively the sequence in which the gas utility shall commence work on pending extension projects based on whatever reasonable criteria the Arkansas Public Service Commission develops. However, once construction has begun on any given extension project, the Arkansas Public Service Commission determination shall not serve to postpone or defer construction; (6) (A) There is a limitation on the total annual dollar recovery of excess expenditures to be recovered under § 23-3-604 through rates or surcharges. The limitation is a dollar amount that equals five-tenths of one percent (0.5%) of the gas utility's gross plant at original cost used in determining the gas utility's most recent application for a general change in rates and charges. (B) As used in this subdivision (6), "gross plant" does not include construction work in progress or portions of extension projects that have been granted certificates and are currently included in the gas utility's base rates; and (7) With respect to any extension project funded under this subchapter to provide service to a project developer that also receives funds or incentives provided by the Arkansas Economic Development Commission, any agreement between a project developer and the Arkansas Economic Development Commission shall include a provision that any funds provided by a surcharge to recover the cost of an extension project under this subchapter shall be recovered from any project developer that failed to take natural gas service from such an extension project and refunded to ratepayers as directed by the Arkansas Public Service Commission. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 5.

Certificates shall be granted under this subchapter under the following provisions and conditions:

(1) (A) Only proposed extension projects are eligible for recovery of the cost of excess expenditures under this subchapter. (B) Proposed extension projects are those for which neither actual construction activity has begun nor expenditures made, other than for planning the extension project, at the time the petition for the certificate is initially filed with the Arkansas Public Service Commission;

(A) Only proposed extension projects are eligible for recovery of the cost of excess expenditures under this subchapter.

(B) Proposed extension projects are those for which neither actual construction activity has begun nor expenditures made, other than for planning the extension project, at the time the petition for the certificate is initially filed with the Arkansas Public Service Commission;

(2) Certificates shall be granted under this subchapter only for proposed extension projects that will serve areas not served by any gas utility at the time of the filing of the petition for the certificate;

(3) Certificates shall be granted under this subchapter only if the Arkansas Public Service Commission determines the extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest;

(4) Certificates shall not be granted under this subchapter to recover excess expenditures incurred in replacing existing pipelines, equipment, or plants, unless the replacement is necessary for adequate gas supply for the proposed extension project;

(5) When the Arkansas Public Service Commission has granted more than one (1) certificate to a gas utility, the Arkansas Public Service Commission may determine prospectively the sequence in which the gas utility shall commence work on pending extension projects based on whatever reasonable criteria the Arkansas Public Service Commission develops. However, once construction has begun on any given extension project, the Arkansas Public Service Commission determination shall not serve to postpone or defer construction;

(6) (A) There is a limitation on the total annual dollar recovery of excess expenditures to be recovered under § 23-3-604 through rates or surcharges. The limitation is a dollar amount that equals five-tenths of one percent (0.5%) of the gas utility's gross plant at original cost used in determining the gas utility's most recent application for a general change in rates and charges. (B) As used in this subdivision (6), "gross plant" does not include construction work in progress or portions of extension projects that have been granted certificates and are currently included in the gas utility's base rates; and

(A) There is a limitation on the total annual dollar recovery of excess expenditures to be recovered under § 23-3-604 through rates or surcharges. The limitation is a dollar amount that equals five-tenths of one percent (0.5%) of the gas utility's gross plant at original cost used in determining the gas utility's most recent application for a general change in rates and charges.

(B) As used in this subdivision (6), "gross plant" does not include construction work in progress or portions of extension projects that have been granted certificates and are currently included in the gas utility's base rates; and

(7) With respect to any extension project funded under this subchapter to provide service to a project developer that also receives funds or incentives provided by the Arkansas Economic Development Commission, any agreement between a project developer and the Arkansas Economic Development Commission shall include a provision that any funds provided by a surcharge to recover the cost of an extension project under this subchapter shall be recovered from any project developer that failed to take natural gas service from such an extension project and refunded to ratepayers as directed by the Arkansas Public Service Commission.

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

Acts 1987, No. 150, § 5.
Ark. Code Ann. § 23-79-101 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-101
Definitions
Status: in_force

As used in this chapter: (1) "Excepted benefits" means benefits under one (1) or more, or any combination thereof, of the following: (A) Benefits not subject to requirements, including without limitation: (i) Coverage only for accident or disability income insurance, or any combination thereof; (ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including general liability insurance and automobile liability insurance; (iv) Workers' compensation or similar insurance; (v) Automobile medical payment insurance; (vi) Credit-only insurance; and (vii) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits; (B) Limited-scope dental or vision benefits; (C) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; (D) Coverage only for a specified disease or illness; (E) Hospital indemnity or other fixed indemnity insurance; and (F) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1) , coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq., and similar supplemental coverage; (2) "Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements, and papers made a part thereof; and (3) (A) "Premium" is the consideration for insurance, by whatever name called. (B) Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium. Amended by Act 2019, No. 521,§ 22, eff. 7/24/2019. Acts 1959, No. 148, §§ 269, 270; A.S.A. 1947, §§ 66-3202, 66-3203; Acts 2001, No. 1604, § 78; 2007, No. 496, § 15.

As used in this chapter:

(1) "Excepted benefits" means benefits under one (1) or more, or any combination thereof, of the following: (A) Benefits not subject to requirements, including without limitation: (i) Coverage only for accident or disability income insurance, or any combination thereof; (ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including general liability insurance and automobile liability insurance; (iv) Workers' compensation or similar insurance; (v) Automobile medical payment insurance; (vi) Credit-only insurance; and (vii) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits; (B) Limited-scope dental or vision benefits; (C) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; (D) Coverage only for a specified disease or illness; (E) Hospital indemnity or other fixed indemnity insurance; and (F) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1) , coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq., and similar supplemental coverage;

(A) Benefits not subject to requirements, including without limitation: (i) Coverage only for accident or disability income insurance, or any combination thereof; (ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including general liability insurance and automobile liability insurance; (iv) Workers' compensation or similar insurance; (v) Automobile medical payment insurance; (vi) Credit-only insurance; and (vii) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;

(i) Coverage only for accident or disability income insurance, or any combination thereof;

(ii) Coverage issued as a supplement to liability insurance;

(iii) Liability insurance, including general liability insurance and automobile liability insurance;

(iv) Workers' compensation or similar insurance;

(v) Automobile medical payment insurance;

(vi) Credit-only insurance; and

(vii) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;

(B) Limited-scope dental or vision benefits;

(C) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;

(D) Coverage only for a specified disease or illness;

(E) Hospital indemnity or other fixed indemnity insurance; and

(F) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1) , coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq., and similar supplemental coverage;

(2) "Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements, and papers made a part thereof; and

(3) (A) "Premium" is the consideration for insurance, by whatever name called. (B) Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium.

(A) "Premium" is the consideration for insurance, by whatever name called.

(B) Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium.

Amended by Act 2019, No. 521,§ 22, eff. 7/24/2019.

Acts 1959, No. 148, §§ 269, 270; A.S.A. 1947, §§ 66-3202, 66-3203; Acts 2001, No. 1604, § 78; 2007, No. 496, § 15.
Ark. Code Ann. § 23-49-102 — AR Code / Title 23 / Chapter 49 / Section 23-49-102
Department taking possession - Procedure
Status: in_force

(a) In addition to the powers conferred upon the Bank Commissioner and the State Bank Department, the commissioner may take possession of the business and property of any institution which the commissioner supervises whenever it appears to the commissioner that the institution: (1) Is insolvent or in imminent danger of insolvency; (2) Is in an unsafe or unsound condition; (3) Has refused to pay its deposits or obligations in accordance with the terms under which those deposits or obligations were incurred; (4) Has concealed or refused to submit books, papers, records, or affairs of the institution for inspection to any examiner or to any lawful agent of the appropriate federal financial institution regulatory agency or of the department; (5) Has substantially dissipated assets or earnings due to: (A) Any violation of any law or rule; or (B) An unsafe or unsound practice; (6) Has requested through its board of directors that the department take possession for the benefit of depositors, other creditors, shareholders, or other persons; (7) Has an impairment of its capital as is currently required to be maintained by the department; (8) Has neglected or refused, for a period of at least thirty (30) days, to comply with the terms of a final order of the department or final order of a federal financial institution's regulatory agency essential to preserve the solvency of the institution; or (9) Has failed to pay the fees charged by the department under § 23-46-509 after due notice of the amount of the fee has been given. (b) Whenever it appears to the department that any one (1) or more of the conditions in subsection (a) of this section exists as to any institution, the department shall cause a certified notice to be served on the president or other executive officer actively in charge of the institution and demand possession of the business, property, and records of the institution from the officer citing the reasons for such a demand from subsection (a) of this section. The institution shall immediately surrender the possession to the commissioner. Amended by Act 2019, No. 315,§ 2556, eff. 7/24/2019. Acts 1997, No. 89, § 1.

(a) In addition to the powers conferred upon the Bank Commissioner and the State Bank Department, the commissioner may take possession of the business and property of any institution which the commissioner supervises whenever it appears to the commissioner that the institution: (1) Is insolvent or in imminent danger of insolvency; (2) Is in an unsafe or unsound condition; (3) Has refused to pay its deposits or obligations in accordance with the terms under which those deposits or obligations were incurred; (4) Has concealed or refused to submit books, papers, records, or affairs of the institution for inspection to any examiner or to any lawful agent of the appropriate federal financial institution regulatory agency or of the department; (5) Has substantially dissipated assets or earnings due to: (A) Any violation of any law or rule; or (B) An unsafe or unsound practice; (6) Has requested through its board of directors that the department take possession for the benefit of depositors, other creditors, shareholders, or other persons; (7) Has an impairment of its capital as is currently required to be maintained by the department; (8) Has neglected or refused, for a period of at least thirty (30) days, to comply with the terms of a final order of the department or final order of a federal financial institution's regulatory agency essential to preserve the solvency of the institution; or (9) Has failed to pay the fees charged by the department under § 23-46-509 after due notice of the amount of the fee has been given.

(1) Is insolvent or in imminent danger of insolvency;

(2) Is in an unsafe or unsound condition;

(3) Has refused to pay its deposits or obligations in accordance with the terms under which those deposits or obligations were incurred;

(4) Has concealed or refused to submit books, papers, records, or affairs of the institution for inspection to any examiner or to any lawful agent of the appropriate federal financial institution regulatory agency or of the department;

(5) Has substantially dissipated assets or earnings due to: (A) Any violation of any law or rule; or (B) An unsafe or unsound practice;

(A) Any violation of any law or rule; or

(B) An unsafe or unsound practice;

(6) Has requested through its board of directors that the department take possession for the benefit of depositors, other creditors, shareholders, or other persons;

(7) Has an impairment of its capital as is currently required to be maintained by the department;

(8) Has neglected or refused, for a period of at least thirty (30) days, to comply with the terms of a final order of the department or final order of a federal financial institution's regulatory agency essential to preserve the solvency of the institution; or

(9) Has failed to pay the fees charged by the department under § 23-46-509 after due notice of the amount of the fee has been given.

(b) Whenever it appears to the department that any one (1) or more of the conditions in subsection (a) of this section exists as to any institution, the department shall cause a certified notice to be served on the president or other executive officer actively in charge of the institution and demand possession of the business, property, and records of the institution from the officer citing the reasons for such a demand from subsection (a) of this section. The institution shall immediately surrender the possession to the commissioner.

Amended by Act 2019, No. 315,§ 2556, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-114-503 — AR Code / Title 23 / Chapter 114 / Subchapter 5 / Section 23-114-503
Authorized uses of a bingo and raffle account
Status: in_force

(a) A licensed authorized organization may draw a check on the licensed authorized organization's bingo and raffle account only for: (1) The payment of necessary and reasonable bona fide bingo-related and raffle-related expenses; (2) The disbursement of net proceeds derived from the conduct of games of bingo or raffles to charitable purposes; or (3) The transfer of net proceeds derived from the conduct of games of bingo or raffles to the licensed authorized organization's bingo and raffle savings account pending a disbursement to a charitable purpose. (b) A licensed authorized organization shall make the disbursement of net proceeds on deposit in the bingo and raffle savings account to a charitable purpose by transferring the intended disbursement back into the licensed authorized organization's bingo and raffle account and then withdrawing an amount by a check drawn on the bingo and raffle account. Acts 2007, No. 388, § 1.

(a) A licensed authorized organization may draw a check on the licensed authorized organization's bingo and raffle account only for: (1) The payment of necessary and reasonable bona fide bingo-related and raffle-related expenses; (2) The disbursement of net proceeds derived from the conduct of games of bingo or raffles to charitable purposes; or (3) The transfer of net proceeds derived from the conduct of games of bingo or raffles to the licensed authorized organization's bingo and raffle savings account pending a disbursement to a charitable purpose.

(1) The payment of necessary and reasonable bona fide bingo-related and raffle-related expenses;

(2) The disbursement of net proceeds derived from the conduct of games of bingo or raffles to charitable purposes; or

(3) The transfer of net proceeds derived from the conduct of games of bingo or raffles to the licensed authorized organization's bingo and raffle savings account pending a disbursement to a charitable purpose.

(b) A licensed authorized organization shall make the disbursement of net proceeds on deposit in the bingo and raffle savings account to a charitable purpose by transferring the intended disbursement back into the licensed authorized organization's bingo and raffle account and then withdrawing an amount by a check drawn on the bingo and raffle account.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-42-202 — AR Code / Title 23 / Chapter 42 / Subchapter 2 / Section 23-42-202
Delegation of authority by Securities Commissioner
Status: in_force

(a) The Securities Commissioner may delegate to any person under any conditions which he or she deems appropriate any responsibilities of the commissioner as set forth in this chapter, the Credit Union Act, § 23-35-101 et seq., the Savings and Loan Act, § 23-37-101 et seq., or any other act for which the commissioner is responsible. (b) The commissioner, subject to any restrictions which he or she in his or her discretion deems appropriate, may delegate to any person the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary, or of whatever character, vested by this chapter in the commissioner. Acts 1959, No. 254, § 19; 1977, No. 493, § 11; 1979, No. 754, § 4; A.S.A. 1947, § 67-1253; Acts 1995, No. 845, § 3; 1997, No. 173, § 5.

(a) The Securities Commissioner may delegate to any person under any conditions which he or she deems appropriate any responsibilities of the commissioner as set forth in this chapter, the Credit Union Act, § 23-35-101 et seq., the Savings and Loan Act, § 23-37-101 et seq., or any other act for which the commissioner is responsible.

(b) The commissioner, subject to any restrictions which he or she in his or her discretion deems appropriate, may delegate to any person the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary, or of whatever character, vested by this chapter in the commissioner.

Acts 1959, No. 254, § 19; 1977, No. 493, § 11; 1979, No. 754, § 4; A.S.A. 1947, § 67-1253; Acts 1995, No. 845, § 3; 1997, No. 173, § 5.
Ark. Code Ann. § 23-2-408 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-408
Subpoenas duces tecum
Status: in_force

The commission may require, by order served on any public utility in the manner provided in this act for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility, or of any affiliate of the utility relating to the public utility's business or affairs within the state, pertinent to any lawful inquiry and kept by the public utility or its affiliate in any office or place without this state. Acts 1935, No. 324, § 28; Pope's Dig., § 2091; A.S.A. 1947, § 73-227.

The commission may require, by order served on any public utility in the manner provided in this act for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility, or of any affiliate of the utility relating to the public utility's business or affairs within the state, pertinent to any lawful inquiry and kept by the public utility or its affiliate in any office or place without this state.

Acts 1935, No. 324, § 28; Pope's Dig., § 2091; A.S.A. 1947, § 73-227.
Ark. Code Ann. § 23-79-142 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-142
Payment for services of psychological examiners
Status: in_force

Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by psychological examiners. The offer shall be made either at the time of application for, or upon the first renewal of such a policy, contract, or agreement after July 15, 1991. If such an offer is accepted, the amount paid for services provided by psychological examiners shall be subject to the same limitations as set forth in the policy for mental health coverage. Acts 1991, No. 624, § 1; 2001, No. 1604, § 108.

Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by psychological examiners. The offer shall be made either at the time of application for, or upon the first renewal of such a policy, contract, or agreement after July 15, 1991. If such an offer is accepted, the amount paid for services provided by psychological examiners shall be subject to the same limitations as set forth in the policy for mental health coverage.

Acts 1991, No. 624, § 1; 2001, No. 1604, § 108.
Ark. Code Ann. § 23-90-105 — AR Code / Title 23 / Chapter 90 / Section 23-90-105
Construction
Status: in_force

This chapter shall be liberally construed to effect the purpose under § 23-90-102 which shall constitute an aid and guide to interpretation. Acts 1977, No. 871, § 4; A.S.A. 1947, § 66-5504.

This chapter shall be liberally construed to effect the purpose under § 23-90-102 which shall constitute an aid and guide to interpretation.

Acts 1977, No. 871, § 4; A.S.A. 1947, § 66-5504.
Ark. Code Ann. § 23-2-101 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-101
Members generally
Status: in_force

(a) (1) The Arkansas Public Service Commission shall consist of three (3) members to be known as "commissioners", one (1) of whom shall be a lawyer. (2) Each commissioner shall have resided in the state for five (5) years and shall be a qualified elector. (b) Each commissioner before entering on his or her duties shall take the oath prescribed by the Arkansas Constitution, shall swear that he or she is not pecuniarily interested in any public utility or affiliate, or any public carrier or affiliate therewith, as employee, stockholder, or security holder. (c) Each commissioner shall execute a bond to the State of Arkansas in the sum of ten thousand dollars ($10,000), conditioned for the faithful discharge and performance of his or her duties. (d) (1) At the expiration of each of the commissioners' terms, the Governor, subject to the approval of the Senate, shall appoint one (1) member who shall hold office for a term of six (6) years. (2) Each commissioner shall hold office during the term for which he or she was appointed and until his or her successor is appointed and qualified. (e) The Governor shall designate one (1) of the commissioners as chair. Amended by Act 2013, No. 1144,§ 1, eff. 8/16/2013. Acts 1945, No. 40, § 1; A.S.A. 1947, §§ 73-101, 73-103, 73-104.

(a) (1) The Arkansas Public Service Commission shall consist of three (3) members to be known as "commissioners", one (1) of whom shall be a lawyer. (2) Each commissioner shall have resided in the state for five (5) years and shall be a qualified elector.

(1) The Arkansas Public Service Commission shall consist of three (3) members to be known as "commissioners", one (1) of whom shall be a lawyer.

(2) Each commissioner shall have resided in the state for five (5) years and shall be a qualified elector.

(b) Each commissioner before entering on his or her duties shall take the oath prescribed by the Arkansas Constitution, shall swear that he or she is not pecuniarily interested in any public utility or affiliate, or any public carrier or affiliate therewith, as employee, stockholder, or security holder.

(c) Each commissioner shall execute a bond to the State of Arkansas in the sum of ten thousand dollars ($10,000), conditioned for the faithful discharge and performance of his or her duties.

(d) (1) At the expiration of each of the commissioners' terms, the Governor, subject to the approval of the Senate, shall appoint one (1) member who shall hold office for a term of six (6) years. (2) Each commissioner shall hold office during the term for which he or she was appointed and until his or her successor is appointed and qualified.

(1) At the expiration of each of the commissioners' terms, the Governor, subject to the approval of the Senate, shall appoint one (1) member who shall hold office for a term of six (6) years.

(2) Each commissioner shall hold office during the term for which he or she was appointed and until his or her successor is appointed and qualified.

(e) The Governor shall designate one (1) of the commissioners as chair.

Amended by Act 2013, No. 1144,§ 1, eff. 8/16/2013.

Acts 1945, No. 40, § 1; A.S.A. 1947, §§ 73-101, 73-103, 73-104.
Ark. Code Ann. § 23-63-1203 — AR Code / Title 23 / Chapter 63 / Subchapter 12 / Section 23-63-1203
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015. Acts 1993, No. 166, § 1; 1995, No. 108, § 1.

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015.

Acts 1993, No. 166, § 1; 1995, No. 108, § 1.
Ark. Code Ann. § 23-115-903 — AR Code / Title 23 / Chapter 115 / Subchapter 9 / Section 23-115-903
False statement on license application - Penalty
Status: in_force

(a) A person shall not knowingly make: (1) A material false statement in an application for a license or proposal to conduct a lottery; or (2) A material false entry in any book or record that is compiled, maintained, or submitted to or for the benefit of the Office of the Arkansas Lottery. (b) (1) A person who violates this section is guilty of a Class D felony. (2) A person convicted for violating subsection (a) of this section is subject to an additional fine of not more than twenty-five thousand dollars ($25,000) or the dollar amount of the material false entry or material false statement, whichever is greater. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) A person shall not knowingly make: (1) A material false statement in an application for a license or proposal to conduct a lottery; or (2) A material false entry in any book or record that is compiled, maintained, or submitted to or for the benefit of the Office of the Arkansas Lottery.

(1) A material false statement in an application for a license or proposal to conduct a lottery; or

(2) A material false entry in any book or record that is compiled, maintained, or submitted to or for the benefit of the Office of the Arkansas Lottery.

(b) (1) A person who violates this section is guilty of a Class D felony. (2) A person convicted for violating subsection (a) of this section is subject to an additional fine of not more than twenty-five thousand dollars ($25,000) or the dollar amount of the material false entry or material false statement, whichever is greater.

(1) A person who violates this section is guilty of a Class D felony.

(2) A person convicted for violating subsection (a) of this section is subject to an additional fine of not more than twenty-five thousand dollars ($25,000) or the dollar amount of the material false entry or material false statement, whichever is greater.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-51-109 — AR Code / Title 23 / Chapter 51 / Section 23-51-109
Issuance of charter
Status: in_force

(a) A state trust company may not engage in the trust business until it receives its charter from the Bank Commissioner. The commissioner may not deliver the charter until the state trust company has: (1) Elected or qualified the initial officers and directors named in the application for charter or other officers and directors approved by the commissioner; and (2) Complied with all other requirements of this chapter relative to the organization of a state trust company. (b) If a state trust company does not open and engage in the trust business within six (6) months after the date it receives its charter or conditional approval of application for charter, or within such further period as such period may be extended, the commissioner shall revoke the charter or cancel the conditional approval of application for charter without judicial action. Acts 1997, No. 940, § 9.

(a) A state trust company may not engage in the trust business until it receives its charter from the Bank Commissioner. The commissioner may not deliver the charter until the state trust company has: (1) Elected or qualified the initial officers and directors named in the application for charter or other officers and directors approved by the commissioner; and (2) Complied with all other requirements of this chapter relative to the organization of a state trust company.

(1) Elected or qualified the initial officers and directors named in the application for charter or other officers and directors approved by the commissioner; and

(2) Complied with all other requirements of this chapter relative to the organization of a state trust company.

(b) If a state trust company does not open and engage in the trust business within six (6) months after the date it receives its charter or conditional approval of application for charter, or within such further period as such period may be extended, the commissioner shall revoke the charter or cancel the conditional approval of application for charter without judicial action.

Acts 1997, No. 940, § 9.
Ark. Code Ann. § 23-69-512 — AR Code / Title 23 / Chapter 69 / Subchapter 5 / Section 23-69-512
Rules
Status: in_force

The Insurance Commissioner shall promulgate rules to implement this subchapter. Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.

The Insurance Commissioner shall promulgate rules to implement this subchapter.

Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-61-303 — AR Code / Title 23 / Chapter 61 / Subchapter 3 / Section 23-61-303
Hearing - Generally
Status: in_force

(a) The Insurance Commissioner may hold hearings for any purpose within the scope of the insurance laws of this state. (b) (1) The commissioner shall hold a hearing if required by any provision or upon written demand for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, or order of the commissioner, other than an order for the holding of a hearing, or an order on hearing or pursuant thereto. (2) Any demand shall specify the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent, the hearing shall be held within thirty (30) days after receipt by the commissioner of the demand. (3) If the commissioner has a conflict or is otherwise unable to serve, the commissioner may appoint and compensate a person, including without limitation an attorney or retired judge, from outside the State Insurance Department to act as a hearing officer. (c) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of the commissioner's previous action. Amended by Act 2019, No. 315,§ 2615, eff. 7/24/2019. Acts 1959, No. 148, § 38; 1979, No. 942, § 2; A.S.A. 1947, § 66-2123; Acts 2011, No. 760, § 1.

(a) The Insurance Commissioner may hold hearings for any purpose within the scope of the insurance laws of this state.

(b) (1) The commissioner shall hold a hearing if required by any provision or upon written demand for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, or order of the commissioner, other than an order for the holding of a hearing, or an order on hearing or pursuant thereto. (2) Any demand shall specify the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent, the hearing shall be held within thirty (30) days after receipt by the commissioner of the demand. (3) If the commissioner has a conflict or is otherwise unable to serve, the commissioner may appoint and compensate a person, including without limitation an attorney or retired judge, from outside the State Insurance Department to act as a hearing officer.

(1) The commissioner shall hold a hearing if required by any provision or upon written demand for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, or order of the commissioner, other than an order for the holding of a hearing, or an order on hearing or pursuant thereto.

(2) Any demand shall specify the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent, the hearing shall be held within thirty (30) days after receipt by the commissioner of the demand.

(3) If the commissioner has a conflict or is otherwise unable to serve, the commissioner may appoint and compensate a person, including without limitation an attorney or retired judge, from outside the State Insurance Department to act as a hearing officer.

(c) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of the commissioner's previous action.

Amended by Act 2019, No. 315,§ 2615, eff. 7/24/2019.

Acts 1959, No. 148, § 38; 1979, No. 942, § 2; A.S.A. 1947, § 66-2123; Acts 2011, No. 760, § 1.
Ark. Code Ann. § 23-79-1402 — AR Code / Title 23 / Chapter 79 / Subchapter 14 / Section 23-79-1402
Coverage for hearing aids required
Status: in_force

(a) A health benefit plan that is offered, issued, or renewed in this state shall offer coverage for a hearing aid or hearing instrument sold on or after January 1, 2010, by a professional licensed by the state to dispense a hearing aid or hearing instrument. (b) The coverage offered for hearing aids under this section: (1) Shall not be for less than one thousand four hundred dollars ($1,400) per ear for each three-year period; (2) Shall provide coverage of not less than one thousand four hundred dollars ($1,400) per ear beginning on the first day of coverage; and (3) Is not subject to policy deductibles or copayment requirements. Acts 2009, No. 1179, § 1.

(a) A health benefit plan that is offered, issued, or renewed in this state shall offer coverage for a hearing aid or hearing instrument sold on or after January 1, 2010, by a professional licensed by the state to dispense a hearing aid or hearing instrument.

(b) The coverage offered for hearing aids under this section: (1) Shall not be for less than one thousand four hundred dollars ($1,400) per ear for each three-year period; (2) Shall provide coverage of not less than one thousand four hundred dollars ($1,400) per ear beginning on the first day of coverage; and (3) Is not subject to policy deductibles or copayment requirements.

(1) Shall not be for less than one thousand four hundred dollars ($1,400) per ear for each three-year period;

(2) Shall provide coverage of not less than one thousand four hundred dollars ($1,400) per ear beginning on the first day of coverage; and

(3) Is not subject to policy deductibles or copayment requirements.

Acts 2009, No. 1179, § 1.
Ark. Code Ann. § 23-16-409 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-409
[Repealed]
Status: repealed

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021. Acts 2005, No. 2289, § 1.

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021.

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-14-101 — AR Code / Title 23 / Chapter 14 / Section 23-14-101
Title
Status: in_force

This chapter shall be known and cited as the "Arkansas Air Commerce Act". Acts 1945, No. 252, § 22; A.S.A. 1947, § 74-421.

This chapter shall be known and cited as the "Arkansas Air Commerce Act".

Acts 1945, No. 252, § 22; A.S.A. 1947, § 74-421.
Ark. Code Ann. § 23-4-806 — AR Code / Title 23 / Chapter 4 / Subchapter 8 / Section 23-4-806
Passes in exchange for advertising space
Status: in_force

Railroad companies operating in the State of Arkansas are authorized and empowered to enter into contracts with newspaper and periodical publishers of the State of Arkansas for the issuance of transportation in exchange for advertising space in the publication. The transportation is to be restricted to intrastate passage. Acts 1923, No. 412, § 1; Pope's Dig., § 1097; A.S.A. 1947, § 73-1536.

Railroad companies operating in the State of Arkansas are authorized and empowered to enter into contracts with newspaper and periodical publishers of the State of Arkansas for the issuance of transportation in exchange for advertising space in the publication. The transportation is to be restricted to intrastate passage.

Acts 1923, No. 412, § 1; Pope's Dig., § 1097; A.S.A. 1947, § 73-1536.
Ark. Code Ann. § 23-70-112 — AR Code / Title 23 / Chapter 70 / Section 23-70-112
Contributions to insurer
Status: in_force

(a) The attorney or other parties may advance to a domestic reciprocal insurer, upon reasonable terms, such funds as it may require from time to time in its operations. (b) Sums so advanced shall not be treated as a liability of the insurer and, except upon liquidation of the insurer, shall not be withdrawn or repaid except out of the insurer's realized earned surplus in excess of its minimum required surplus. (c) No withdrawal or repayment shall be made without the advance approval of the Insurance Commissioner. (d) This section does not apply as to bank loans or to loans for which security is given. Acts 1959, No. 148, § 525; A.S.A. 1947, § 66-4316.

(a) The attorney or other parties may advance to a domestic reciprocal insurer, upon reasonable terms, such funds as it may require from time to time in its operations.

(b) Sums so advanced shall not be treated as a liability of the insurer and, except upon liquidation of the insurer, shall not be withdrawn or repaid except out of the insurer's realized earned surplus in excess of its minimum required surplus.

(c) No withdrawal or repayment shall be made without the advance approval of the Insurance Commissioner.

(d) This section does not apply as to bank loans or to loans for which security is given.

Acts 1959, No. 148, § 525; A.S.A. 1947, § 66-4316.
Ark. Code Ann. § 23-115-201 — AR Code / Title 23 / Chapter 115 / Subchapter 2 / Section 23-115-201
Office of the Arkansas Lottery - Creation - Venue
Status: in_force

(a) There is created within the Management Services Division of the Department of Finance and Administration the Office of the Arkansas Lottery to establish and oversee the operation of one (1) or more lotteries under this chapter. (b) The office is a self-supporting and revenue-raising agency of the state. (c) The office shall reimburse other governmental entities that provide goods or services to the office. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) There is created within the Management Services Division of the Department of Finance and Administration the Office of the Arkansas Lottery to establish and oversee the operation of one (1) or more lotteries under this chapter.

(b) The office is a self-supporting and revenue-raising agency of the state.

(c) The office shall reimburse other governmental entities that provide goods or services to the office.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-63-835 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-835
Investments of foreign insurers
Status: in_force

(a) The investments of a foreign or alien insurer shall be as permitted by the laws of its domicile but shall be of a quality substantially as high as those required under this subchapter for similar funds of like domestic insurers. (b) For the purposes of this section, the domicile of an alien insurer shall be as provided in § 23-63-104 . Acts 1959, No. 148, § 131; A.S.A. 1947, § 66-2635; Acts 1993, No. 527, § 16.

(a) The investments of a foreign or alien insurer shall be as permitted by the laws of its domicile but shall be of a quality substantially as high as those required under this subchapter for similar funds of like domestic insurers.

(b) For the purposes of this section, the domicile of an alien insurer shall be as provided in § 23-63-104 .

Acts 1959, No. 148, § 131; A.S.A. 1947, § 66-2635; Acts 1993, No. 527, § 16.
Ark. Code Ann. § 23-46-512 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-512
Changes in chief executive officer and directors
Status: in_force

Every financial institution shall report promptly to the Bank Commissioner any change for whatever reason in the chief executive officer and directors, including in its report a statement of the past and current business and professional affiliations of the new chief executive officer and directors. Acts 1997, No. 89, § 1.

Every financial institution shall report promptly to the Bank Commissioner any change for whatever reason in the chief executive officer and directors, including in its report a statement of the past and current business and professional affiliations of the new chief executive officer and directors.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-12-204 — AR Code / Title 23 / Chapter 12 / Subchapter 2 / Section 23-12-204
Drainage of roadbed - Penalty for noncompliance
Status: in_force

(a) Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the construction of the road wherever they pass a station, or within two hundred yards (200 yds.) of a farmhouse or residence, by constructing ditches or underdrains, either parallel or at an angle with their roadbed, of sufficient width, depth, and capacity to carry off all the water rapidly. (b) (1) Any railroad company or corporation or any officer or agent or employee of any railroad company or corporation who shall knowingly and willfully violate the provisions of this section shall be liable to pay a penalty of not less than fifty dollars ($50.00) for each and every offense. The costs of suit, including a reasonable attorney's fee, are to be taxed by the court where the suit is heard on original action, by appeal or otherwise, and are to be recovered by a suit at law by the party aggrieved in any court of competent jurisdiction. (2) Twenty (20) days' notice shall be given to the officer, agent, or employee, as the case may be, of any violation of this section, before a cause of action shall accrue. Acts 1891, No. 133, §§ 1, 2, p. 222; 1907, No. 250, § 1, p. 588; C. & M. Dig., §§ 8480-8482; Pope's Dig., §§ 11054, 11055, 11056; A.S.A. 1947, §§ 73-627, 73-628.

(a) Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the construction of the road wherever they pass a station, or within two hundred yards (200 yds.) of a farmhouse or residence, by constructing ditches or underdrains, either parallel or at an angle with their roadbed, of sufficient width, depth, and capacity to carry off all the water rapidly.

(b) (1) Any railroad company or corporation or any officer or agent or employee of any railroad company or corporation who shall knowingly and willfully violate the provisions of this section shall be liable to pay a penalty of not less than fifty dollars ($50.00) for each and every offense. The costs of suit, including a reasonable attorney's fee, are to be taxed by the court where the suit is heard on original action, by appeal or otherwise, and are to be recovered by a suit at law by the party aggrieved in any court of competent jurisdiction. (2) Twenty (20) days' notice shall be given to the officer, agent, or employee, as the case may be, of any violation of this section, before a cause of action shall accrue.

(1) Any railroad company or corporation or any officer or agent or employee of any railroad company or corporation who shall knowingly and willfully violate the provisions of this section shall be liable to pay a penalty of not less than fifty dollars ($50.00) for each and every offense. The costs of suit, including a reasonable attorney's fee, are to be taxed by the court where the suit is heard on original action, by appeal or otherwise, and are to be recovered by a suit at law by the party aggrieved in any court of competent jurisdiction.

(2) Twenty (20) days' notice shall be given to the officer, agent, or employee, as the case may be, of any violation of this section, before a cause of action shall accrue.

Acts 1891, No. 133, §§ 1, 2, p. 222; 1907, No. 250, § 1, p. 588; C. & M. Dig., §§ 8480-8482; Pope's Dig., §§ 11054, 11055, 11056; A.S.A. 1947, §§ 73-627, 73-628.
Ark. Code Ann. § 23-116-101 — AR Code / Title 23 / Chapter 116 / Subchapter 1 / Section 23-116-101
Legislative findings
Status: in_force

(a) The General Assembly finds that a paid fantasy sports game conducted in compliance with this chapter does not constitute gambling for any purpose. (b) Paid fantasy sports games conducted in compliance with this chapter are exempt from § 5-66-101 et seq. Added by Act 2017, No. 1075,§ 2, eff. 8/1/2017.

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

(b) Paid fantasy sports games conducted in compliance with this chapter are exempt from § 5-66-101 et seq.

Added by Act 2017, No. 1075,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 23-80-302 — AR Code / Title 23 / Chapter 80 / Subchapter 3 / Section 23-80-302
Purpose
Status: in_force

(a) The purpose of this subchapter is to establish minimum language and format standards to make property and casualty insurance policies easier to read. (b) This subchapter is not intended to increase the risk assumed under policies subject to it. Nor is it intended to impede flexibility and innovation in the development of policy forms or content. It does not grant authority to the Insurance Commissioner to mandate the standardization of policy forms or content. Acts 1981, No. 517, § 2; A.S.A. 1947, § 66-5802.

(a) The purpose of this subchapter is to establish minimum language and format standards to make property and casualty insurance policies easier to read.

(b) This subchapter is not intended to increase the risk assumed under policies subject to it. Nor is it intended to impede flexibility and innovation in the development of policy forms or content. It does not grant authority to the Insurance Commissioner to mandate the standardization of policy forms or content.

Acts 1981, No. 517, § 2; A.S.A. 1947, § 66-5802.
Ark. Code Ann. § 23-55-204 — AR Code / Title 23 / Chapter 55 / Section 23-55-204
Surety bonds
Status: in_force

(a) An applicant for a money transmission license shall provide, and a licensee at all times shall maintain, security consisting of a surety bond in a form satisfactory to the Securities Commissioner. (b) The amount of the required security under this section shall be: (1) the greater of $100,000 or an amount equal to 100 percent of the licensee's average daily money transmission liability in this state, calculated for the most recently completed three-month period, up to a maximum of $500,000; or (2) if the licensee's tangible net worth exceeds 10 percent of total assets, then the licensee shall maintain a surety bond of $100,000. (c) A licensee that maintains a bond in the maximum amount provided for in subsection (b), as applicable, is not required to calculate its average daily money transmission liability in this state for purposes of § 23-55-702 . (d) A licensee may exceed the maximum required bond amount under § 23-55-702(a)(6) . Amended by Act 2023, No. 442,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 111,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 620,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 531,§ 5, eff. 8/16/2013. Acts 2007, No. 1595, § 1; 2009, No. 486, § 9; 2011, No. 733, § 4.

(a) An applicant for a money transmission license shall provide, and a licensee at all times shall maintain, security consisting of a surety bond in a form satisfactory to the Securities Commissioner.

(b) The amount of the required security under this section shall be: (1) the greater of $100,000 or an amount equal to 100 percent of the licensee's average daily money transmission liability in this state, calculated for the most recently completed three-month period, up to a maximum of $500,000; or (2) if the licensee's tangible net worth exceeds 10 percent of total assets, then the licensee shall maintain a surety bond of $100,000.

(1) the greater of $100,000 or an amount equal to 100 percent of the licensee's average daily money transmission liability in this state, calculated for the most recently completed three-month period, up to a maximum of $500,000; or

(2) if the licensee's tangible net worth exceeds 10 percent of total assets, then the licensee shall maintain a surety bond of $100,000.

(c) A licensee that maintains a bond in the maximum amount provided for in subsection (b), as applicable, is not required to calculate its average daily money transmission liability in this state for purposes of § 23-55-702 .

(d) A licensee may exceed the maximum required bond amount under § 23-55-702(a)(6) .

Amended by Act 2023, No. 442,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 111,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 620,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 531,§ 5, eff. 8/16/2013.

Acts 2007, No. 1595, § 1; 2009, No. 486, § 9; 2011, No. 733, § 4.
Ark. Code Ann. § 23-102-102 — AR Code / Title 23 / Chapter 102 / Section 23-102-102
Legislative findings and intent
Status: in_force

(a) The threat of or the actual occurrence of a major earthquake poses serious consequences for the State of Arkansas and its citizens. Of particular concern is the magnitude of damage to residential homeowner and farmowner dwellings and whether or not these structures are adequately insured. (b) The market for residential earthquake insurance within the State of Arkansas is currently characterized by the following: (1) Potential for unavailability of earthquake insurance coverage or inadequate coverage; (2) Potential lack of capacity and desire of insurers to write residential earthquake coverage due to pressure from rating agencies; (3) Low percentage of Arkansans with earthquake insurance; (4) Lack of awareness on the part of residential homeowners and farmowners regarding the consequences of a major earthquake; and (5) Lack of awareness on the part of residential homeowners and farmowners that earthquake is not a covered peril under a basic homeowner or farmowner policy unless affirmatively added by endorsement. (c) The General Assembly declares there is a compelling state interest in maintaining a viable and orderly private sector market for residential earthquake insurance in this state. To the extent that private sector insurers are unable to maintain a viable and orderly market for residential earthquake insurance in this state, state actions to maintain such a viable and orderly market are appropriate. Acts 1999, No. 1343, § 2.

(a) The threat of or the actual occurrence of a major earthquake poses serious consequences for the State of Arkansas and its citizens. Of particular concern is the magnitude of damage to residential homeowner and farmowner dwellings and whether or not these structures are adequately insured.

(b) The market for residential earthquake insurance within the State of Arkansas is currently characterized by the following: (1) Potential for unavailability of earthquake insurance coverage or inadequate coverage; (2) Potential lack of capacity and desire of insurers to write residential earthquake coverage due to pressure from rating agencies; (3) Low percentage of Arkansans with earthquake insurance; (4) Lack of awareness on the part of residential homeowners and farmowners regarding the consequences of a major earthquake; and (5) Lack of awareness on the part of residential homeowners and farmowners that earthquake is not a covered peril under a basic homeowner or farmowner policy unless affirmatively added by endorsement.

(1) Potential for unavailability of earthquake insurance coverage or inadequate coverage;

(2) Potential lack of capacity and desire of insurers to write residential earthquake coverage due to pressure from rating agencies;

(3) Low percentage of Arkansans with earthquake insurance;

(4) Lack of awareness on the part of residential homeowners and farmowners regarding the consequences of a major earthquake; and

(5) Lack of awareness on the part of residential homeowners and farmowners that earthquake is not a covered peril under a basic homeowner or farmowner policy unless affirmatively added by endorsement.

(c) The General Assembly declares there is a compelling state interest in maintaining a viable and orderly private sector market for residential earthquake insurance in this state. To the extent that private sector insurers are unable to maintain a viable and orderly market for residential earthquake insurance in this state, state actions to maintain such a viable and orderly market are appropriate.

Acts 1999, No. 1343, § 2.
Ark. Code Ann. § 23-69-308 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-308
Approval of reorganization plan by policyholders
Status: in_force

(a) (1) Within forty-five (45) days after the date of the Insurance Commissioner's approval of a plan of reorganization under § 23-69-307 , unless extended by the commissioner for good cause, the mutual insurer shall hold a meeting of its policyholders at a reasonable time and place to vote upon the plan of reorganization. (2) The mutual insurer shall give notice at least thirty (30) days before the time fixed for the meeting, by first-class mail to the last-known address of each policyholder, that the plan of reorganization will be voted upon at a regular or special meeting of the policyholders. The notice shall include: (A) A brief description of the plan of reorganization and a statement that the commissioner has approved the plan of reorganization; and (B) A written proxy permitting the policyholder to vote for or against the plan of reorganization. (3) The entity to which any group insurance policy is issued, and not any person covered under the group insurance policy, shall be considered the policyholder for purposes of voting. (4) A plan of reorganization shall be approved only if not less than two-thirds (2/3) of the policyholders voting in person or by proxy at the meeting vote in favor of such plan of reorganization. Each policyholder shall be entitled to only one (1) vote, regardless of the number of policies owned by the policyholder. The commissioner shall supervise and direct the conduct of the vote on the plan of reorganization as necessary to ensure that the vote is fair and consistent with the requirements of this section. (b) If a mutual insurer complies substantially and in good faith with the notice requirements of this section, the mutual insurer's failure to give any policyholder any required notice does not impair the validity of any action taken under this section. (c) If the meeting of policyholders to vote upon the plan of reorganization is held coincident with the mutual insurer's annual meeting of the policyholders, only one (1) combined notice of meeting is required. (d) The form of any proxy shall be filed with and approved by the commissioner. (e) For purposes of voting, "policyholders" means the policyholders of the mutual insurer on the day the plan of reorganization is initially approved by the board of directors of the mutual insurer. Acts 2001, No. 1726, § 1.

(a) (1) Within forty-five (45) days after the date of the Insurance Commissioner's approval of a plan of reorganization under § 23-69-307 , unless extended by the commissioner for good cause, the mutual insurer shall hold a meeting of its policyholders at a reasonable time and place to vote upon the plan of reorganization. (2) The mutual insurer shall give notice at least thirty (30) days before the time fixed for the meeting, by first-class mail to the last-known address of each policyholder, that the plan of reorganization will be voted upon at a regular or special meeting of the policyholders. The notice shall include: (A) A brief description of the plan of reorganization and a statement that the commissioner has approved the plan of reorganization; and (B) A written proxy permitting the policyholder to vote for or against the plan of reorganization. (3) The entity to which any group insurance policy is issued, and not any person covered under the group insurance policy, shall be considered the policyholder for purposes of voting. (4) A plan of reorganization shall be approved only if not less than two-thirds (2/3) of the policyholders voting in person or by proxy at the meeting vote in favor of such plan of reorganization. Each policyholder shall be entitled to only one (1) vote, regardless of the number of policies owned by the policyholder. The commissioner shall supervise and direct the conduct of the vote on the plan of reorganization as necessary to ensure that the vote is fair and consistent with the requirements of this section.

(1) Within forty-five (45) days after the date of the Insurance Commissioner's approval of a plan of reorganization under § 23-69-307 , unless extended by the commissioner for good cause, the mutual insurer shall hold a meeting of its policyholders at a reasonable time and place to vote upon the plan of reorganization.

(2) The mutual insurer shall give notice at least thirty (30) days before the time fixed for the meeting, by first-class mail to the last-known address of each policyholder, that the plan of reorganization will be voted upon at a regular or special meeting of the policyholders. The notice shall include: (A) A brief description of the plan of reorganization and a statement that the commissioner has approved the plan of reorganization; and (B) A written proxy permitting the policyholder to vote for or against the plan of reorganization.

(A) A brief description of the plan of reorganization and a statement that the commissioner has approved the plan of reorganization; and

(B) A written proxy permitting the policyholder to vote for or against the plan of reorganization.

(3) The entity to which any group insurance policy is issued, and not any person covered under the group insurance policy, shall be considered the policyholder for purposes of voting.

(4) A plan of reorganization shall be approved only if not less than two-thirds (2/3) of the policyholders voting in person or by proxy at the meeting vote in favor of such plan of reorganization. Each policyholder shall be entitled to only one (1) vote, regardless of the number of policies owned by the policyholder. The commissioner shall supervise and direct the conduct of the vote on the plan of reorganization as necessary to ensure that the vote is fair and consistent with the requirements of this section.

(b) If a mutual insurer complies substantially and in good faith with the notice requirements of this section, the mutual insurer's failure to give any policyholder any required notice does not impair the validity of any action taken under this section.

(c) If the meeting of policyholders to vote upon the plan of reorganization is held coincident with the mutual insurer's annual meeting of the policyholders, only one (1) combined notice of meeting is required.

(d) The form of any proxy shall be filed with and approved by the commissioner.

(e) For purposes of voting, "policyholders" means the policyholders of the mutual insurer on the day the plan of reorganization is initially approved by the board of directors of the mutual insurer.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-92-507 — AR Code / Title 23 / Chapter 92 / Subchapter 5 / Section 23-92-507
Gag clauses prohibited
Status: in_force

(a) The prohibitions under § 23-99-407 apply to participation contracts between pharmacy benefits managers and pharmacists or pharmacies providing prescription drug coverage for health benefit plans. (b) A pharmacy or pharmacist may provide to an insured information regarding the insured's total cost for pharmacist services for a prescription drug. (c) A pharmacy or pharmacist shall not be proscribed by a pharmacy benefits manager from discussing information regarding the total cost for pharmacist services for a prescription drug or from selling a more affordable alternative to the insured if a more affordable alternative is available. (d) A pharmacy benefits manager contract with a participating pharmacist or pharmacy shall not prohibit, restrict, or limit disclosure of information to the Insurance Commissioner, law enforcement, or state and federal governmental officials investigating or examining a complaint or conducting a review of a pharmacy benefits manager's compliance with the requirements under this subchapter. (e) Without limiting its application to any other plan or program, this section applies to an organization or entity directly or indirectly providing services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state. Amended by Act 2019, No. 994,§ 11, eff. 7/24/2019. Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018. Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.

(a) The prohibitions under § 23-99-407 apply to participation contracts between pharmacy benefits managers and pharmacists or pharmacies providing prescription drug coverage for health benefit plans.

(b) A pharmacy or pharmacist may provide to an insured information regarding the insured's total cost for pharmacist services for a prescription drug.

(c) A pharmacy or pharmacist shall not be proscribed by a pharmacy benefits manager from discussing information regarding the total cost for pharmacist services for a prescription drug or from selling a more affordable alternative to the insured if a more affordable alternative is available.

(d) A pharmacy benefits manager contract with a participating pharmacist or pharmacy shall not prohibit, restrict, or limit disclosure of information to the Insurance Commissioner, law enforcement, or state and federal governmental officials investigating or examining a complaint or conducting a review of a pharmacy benefits manager's compliance with the requirements under this subchapter.

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

Amended by Act 2019, No. 994,§ 11, eff. 7/24/2019.

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

Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.
Ark. Code Ann. § 23-11-403 — AR Code / Title 23 / Chapter 11 / Subchapter 4 / Section 23-11-403
Lessor and lessee of railroad subject to laws
Status: in_force

A corporation in this state leasing its road to a corporation of another state shall remain liable as if it operated the road itself, and a corporation of another state, being the lessee of a railroad in this state, shall likewise be held liable for the violation of any of the laws of this state and may sue or be sued in all cases, and for the same causes and in the same manner, as a corporation of this state might sue or be sued if operating its own road, but a satisfaction of any claim or judgment by either of the corporations shall discharge the other. Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8522; Pope's Dig., § 11098; A.S.A. 1947, § 73-429.

A corporation in this state leasing its road to a corporation of another state shall remain liable as if it operated the road itself, and a corporation of another state, being the lessee of a railroad in this state, shall likewise be held liable for the violation of any of the laws of this state and may sue or be sued in all cases, and for the same causes and in the same manner, as a corporation of this state might sue or be sued if operating its own road, but a satisfaction of any claim or judgment by either of the corporations shall discharge the other.

Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8522; Pope's Dig., § 11098; A.S.A. 1947, § 73-429.
Ark. Code Ann. § 23-63-1606 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1606
Organization
Status: in_force

(a) A captive insurance company may be formed and operated in any form of business organization authorized under Arkansas law and approved by the Insurance Commissioner. (b) The alien captive insurance company may register to do business in this state after the commissioner's certificate has been issued. (c) The capital stock of a captive insurance company incorporated as a stock insurer must be issued at not less than par value. (d) At least one (1) of the members of the board of directors of a captive insurance company formed as a corporation in this state shall be a resident of the United States or a United States territory. (e) At least one (1) of the members of the subscribers' advisory committee of a captive insurance company formed as a reciprocal insurer shall be a resident of the United States or a United States territory. (f) (1) A captive insurance company formed under this subchapter has the privileges of and is subject to the business organization law of this state and is subject to this subchapter. (2) If a conflict occurs between business organization law and this subchapter, the latter controls. (3) (A) The Arkansas Insurance Code concerning mergers, consolidations, mutualizations, and redomestications applies in determining the procedures to be followed by a captive insurance company in carrying out any of those transactions. (B) The commissioner may, upon request of an insurer that is a party to a merger authorized under subdivision (f)(3)(A) of this section, waive certain applicable requirements to the merger transaction. (C) A conversion may be accomplished under a reasonable plan and procedure as may be approved by the commissioner and according to rules that the commissioner may promulgate. (D) The commissioner may waive or modify the requirements for public notice and hearing. (E) If a notice of public hearing is required but no one requests a hearing, the commissioner may cancel the hearing. (F) An alien insurer may be a party to a merger authorized under subdivision (f)(3)(A) of this section if the requirements for a merger between a captive insurance company and a foreign insurer under this chapter apply to the merger transaction. (g) (1) (A) A captive insurance company formed as a reciprocal insurer under this subchapter is subject to § 23-70-101 et seq. and this subchapter. (B) If a conflict occurs between § 23-70-101 et seq. and this subchapter, the latter controls. (C) To the extent a reciprocal insurer is made subject to the Arkansas Insurance Code under § 23-70-101 et seq., the Arkansas Insurance Code is not applicable to a reciprocal insurer formed under this subchapter unless expressly made applicable to a captive insurance company by this subchapter. (2) In addition to subdivision (g)(1) of this section, a captive insurance company organized as a reciprocal insurer that is an industrial insured group is subject to § 23-70-101 et seq. and applicable provisions of the Arkansas Insurance Code. (h) The articles of incorporation or bylaws of a captive insurance company may authorize a quorum of a board of directors to consist of no fewer than one-third (1/3) of the fixed or prescribed number of directors under § 4-27-824(b) . (i) The subscribers' agreement or other organizing document of a captive insurance company formed as a reciprocal insurer may authorize a quorum of a subscribers' advisory committee to consist of no fewer than one-third (1/3) of the number of its members. Amended by Act 2019, No. 521,§ 8, eff. 7/24/2019. Amended by Act 2017, No. 370,§ 3, eff. 8/1/2017. Acts 2001, No. 1391, § 6; 2003, No. 466, § 4; 2005, No. 1962, § 107.

(a) A captive insurance company may be formed and operated in any form of business organization authorized under Arkansas law and approved by the Insurance Commissioner.

(b) The alien captive insurance company may register to do business in this state after the commissioner's certificate has been issued.

(c) The capital stock of a captive insurance company incorporated as a stock insurer must be issued at not less than par value.

(d) At least one (1) of the members of the board of directors of a captive insurance company formed as a corporation in this state shall be a resident of the United States or a United States territory.

(e) At least one (1) of the members of the subscribers' advisory committee of a captive insurance company formed as a reciprocal insurer shall be a resident of the United States or a United States territory.

(f) (1) A captive insurance company formed under this subchapter has the privileges of and is subject to the business organization law of this state and is subject to this subchapter. (2) If a conflict occurs between business organization law and this subchapter, the latter controls. (3) (A) The Arkansas Insurance Code concerning mergers, consolidations, mutualizations, and redomestications applies in determining the procedures to be followed by a captive insurance company in carrying out any of those transactions. (B) The commissioner may, upon request of an insurer that is a party to a merger authorized under subdivision (f)(3)(A) of this section, waive certain applicable requirements to the merger transaction. (C) A conversion may be accomplished under a reasonable plan and procedure as may be approved by the commissioner and according to rules that the commissioner may promulgate. (D) The commissioner may waive or modify the requirements for public notice and hearing. (E) If a notice of public hearing is required but no one requests a hearing, the commissioner may cancel the hearing. (F) An alien insurer may be a party to a merger authorized under subdivision (f)(3)(A) of this section if the requirements for a merger between a captive insurance company and a foreign insurer under this chapter apply to the merger transaction.

(1) A captive insurance company formed under this subchapter has the privileges of and is subject to the business organization law of this state and is subject to this subchapter.

(2) If a conflict occurs between business organization law and this subchapter, the latter controls.

(3) (A) The Arkansas Insurance Code concerning mergers, consolidations, mutualizations, and redomestications applies in determining the procedures to be followed by a captive insurance company in carrying out any of those transactions. (B) The commissioner may, upon request of an insurer that is a party to a merger authorized under subdivision (f)(3)(A) of this section, waive certain applicable requirements to the merger transaction. (C) A conversion may be accomplished under a reasonable plan and procedure as may be approved by the commissioner and according to rules that the commissioner may promulgate. (D) The commissioner may waive or modify the requirements for public notice and hearing. (E) If a notice of public hearing is required but no one requests a hearing, the commissioner may cancel the hearing. (F) An alien insurer may be a party to a merger authorized under subdivision (f)(3)(A) of this section if the requirements for a merger between a captive insurance company and a foreign insurer under this chapter apply to the merger transaction.

(A) The Arkansas Insurance Code concerning mergers, consolidations, mutualizations, and redomestications applies in determining the procedures to be followed by a captive insurance company in carrying out any of those transactions.

(B) The commissioner may, upon request of an insurer that is a party to a merger authorized under subdivision (f)(3)(A) of this section, waive certain applicable requirements to the merger transaction.

(C) A conversion may be accomplished under a reasonable plan and procedure as may be approved by the commissioner and according to rules that the commissioner may promulgate.

(D) The commissioner may waive or modify the requirements for public notice and hearing.

(E) If a notice of public hearing is required but no one requests a hearing, the commissioner may cancel the hearing.

(F) An alien insurer may be a party to a merger authorized under subdivision (f)(3)(A) of this section if the requirements for a merger between a captive insurance company and a foreign insurer under this chapter apply to the merger transaction.

(g) (1) (A) A captive insurance company formed as a reciprocal insurer under this subchapter is subject to § 23-70-101 et seq. and this subchapter. (B) If a conflict occurs between § 23-70-101 et seq. and this subchapter, the latter controls. (C) To the extent a reciprocal insurer is made subject to the Arkansas Insurance Code under § 23-70-101 et seq., the Arkansas Insurance Code is not applicable to a reciprocal insurer formed under this subchapter unless expressly made applicable to a captive insurance company by this subchapter. (2) In addition to subdivision (g)(1) of this section, a captive insurance company organized as a reciprocal insurer that is an industrial insured group is subject to § 23-70-101 et seq. and applicable provisions of the Arkansas Insurance Code.

(1) (A) A captive insurance company formed as a reciprocal insurer under this subchapter is subject to § 23-70-101 et seq. and this subchapter. (B) If a conflict occurs between § 23-70-101 et seq. and this subchapter, the latter controls. (C) To the extent a reciprocal insurer is made subject to the Arkansas Insurance Code under § 23-70-101 et seq., the Arkansas Insurance Code is not applicable to a reciprocal insurer formed under this subchapter unless expressly made applicable to a captive insurance company by this subchapter.

(A) A captive insurance company formed as a reciprocal insurer under this subchapter is subject to § 23-70-101 et seq. and this subchapter.

(B) If a conflict occurs between § 23-70-101 et seq. and this subchapter, the latter controls.

(C) To the extent a reciprocal insurer is made subject to the Arkansas Insurance Code under § 23-70-101 et seq., the Arkansas Insurance Code is not applicable to a reciprocal insurer formed under this subchapter unless expressly made applicable to a captive insurance company by this subchapter.

(2) In addition to subdivision (g)(1) of this section, a captive insurance company organized as a reciprocal insurer that is an industrial insured group is subject to § 23-70-101 et seq. and applicable provisions of the Arkansas Insurance Code.

(h) The articles of incorporation or bylaws of a captive insurance company may authorize a quorum of a board of directors to consist of no fewer than one-third (1/3) of the fixed or prescribed number of directors under § 4-27-824(b) .

(i) The subscribers' agreement or other organizing document of a captive insurance company formed as a reciprocal insurer may authorize a quorum of a subscribers' advisory committee to consist of no fewer than one-third (1/3) of the number of its members.

Amended by Act 2019, No. 521,§ 8, eff. 7/24/2019.

Amended by Act 2017, No. 370,§ 3, eff. 8/1/2017.

Acts 2001, No. 1391, § 6; 2003, No. 466, § 4; 2005, No. 1962, § 107.
Ark. Code Ann. § 23-61-114 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-114
[Repealed]
Status: repealed

Repealed by Act 2019, No. 521,§ 3, eff. 7/24/2019. Acts 2003, No. 1007, § 1.

Repealed by Act 2019, No. 521,§ 3, eff. 7/24/2019.

Acts 2003, No. 1007, § 1.
Ark. Code Ann. § 23-84-117 — AR Code / Title 23 / Chapter 84 / Section 23-84-117
Experience reporting
Status: in_force

For a policy or contract in force on or after the operative date of the valuation manual, a company shall submit mortality, morbidity, policyholder behavior, or expense and other data as prescribed in the valuation manual. Added by Act 2015, No. 1223,§ 45, eff. 7/22/2015.

For a policy or contract in force on or after the operative date of the valuation manual, a company shall submit mortality, morbidity, policyholder behavior, or expense and other data as prescribed in the valuation manual.

Added by Act 2015, No. 1223,§ 45, eff. 7/22/2015.
Ark. Code Ann. § 23-36-109 — AR Code / Title 23 / Chapter 36 / Section 23-36-109
Loan limits
Status: in_force

The total liabilities to any industrial loan institution of any person, corporation, company, or firm for money borrowed, including in the liabilities of the company or firm the liabilities of the several members thereof, shall at no time exceed twenty percent (20%) of the actually paid-up capital and surplus of the industrial loan institution. However, the discount of bona fide bills of exchange or acceptances drawn against actually existing values and the discount of commercial or business paper actually owned by the person, corporation, company, or firm negotiating them shall not be considered money so borrowed. Acts 1941, No. 111, § 6; A.S.A. 1947, § 67-1006.

The total liabilities to any industrial loan institution of any person, corporation, company, or firm for money borrowed, including in the liabilities of the company or firm the liabilities of the several members thereof, shall at no time exceed twenty percent (20%) of the actually paid-up capital and surplus of the industrial loan institution. However, the discount of bona fide bills of exchange or acceptances drawn against actually existing values and the discount of commercial or business paper actually owned by the person, corporation, company, or firm negotiating them shall not be considered money so borrowed.

Acts 1941, No. 111, § 6; A.S.A. 1947, § 67-1006.
Ark. Code Ann. § 23-89-216 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-216
Notice concerning use of insurance proceeds
Status: in_force

(a) When making payment to a third party on a claim under a motor vehicle insurance policy for damage to a motor vehicle, a motor vehicle liability insurer shall provide a written notice to the third-party claimant in substantially the following form: "Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may constitute the criminal offense of defrauding a secured creditor in violation of Arkansas Code § 5-37-203 . If you have any questions, contact your lienholder." (b) The written notice required by subsection (a) of this section may be provided by including the written notice on each written loss estimate prepared in connection with the claim. Acts 2009, No. 485, § 2; 2009, No. 1452, § 1.

(a) When making payment to a third party on a claim under a motor vehicle insurance policy for damage to a motor vehicle, a motor vehicle liability insurer shall provide a written notice to the third-party claimant in substantially the following form: "Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may constitute the criminal offense of defrauding a secured creditor in violation of Arkansas Code § 5-37-203 . If you have any questions, contact your lienholder."

"Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may constitute the criminal offense of defrauding a secured creditor in violation of Arkansas Code § 5-37-203 . If you have any questions, contact your lienholder."

(b) The written notice required by subsection (a) of this section may be provided by including the written notice on each written loss estimate prepared in connection with the claim.

Acts 2009, No. 485, § 2; 2009, No. 1452, § 1.
Ark. Code Ann. § 23-51-144 — AR Code / Title 23 / Chapter 51 / Section 23-51-144
Certain criminal offenses
Status: in_force

(a) An officer, director, employee or shareholder of a state trust company commits an offense if the person knowingly: (1) Conceals information or a fact, or removes, destroys, or conceals a book or record of the state trust company for the purpose of concealing information or a fact from the Bank Commissioner or an agent of the commissioner; or (2) For the purpose of concealing, removes or destroys any book or record of the state trust company that is material to a pending or anticipated legal or administrative proceeding. (b) An officer, director or employee of a state trust company commits an offense if the person knowingly makes a false entry in the books or records or in any report or statement of the state trust company. (c) An offense under this section is a Class D felony. Acts 1997, No. 940, § 44.

(a) An officer, director, employee or shareholder of a state trust company commits an offense if the person knowingly: (1) Conceals information or a fact, or removes, destroys, or conceals a book or record of the state trust company for the purpose of concealing information or a fact from the Bank Commissioner or an agent of the commissioner; or (2) For the purpose of concealing, removes or destroys any book or record of the state trust company that is material to a pending or anticipated legal or administrative proceeding.

(1) Conceals information or a fact, or removes, destroys, or conceals a book or record of the state trust company for the purpose of concealing information or a fact from the Bank Commissioner or an agent of the commissioner; or

(2) For the purpose of concealing, removes or destroys any book or record of the state trust company that is material to a pending or anticipated legal or administrative proceeding.

(b) An officer, director or employee of a state trust company commits an offense if the person knowingly makes a false entry in the books or records or in any report or statement of the state trust company.

(c) An offense under this section is a Class D felony.

Acts 1997, No. 940, § 44.
Ark. Code Ann. § 23-102-104 — AR Code / Title 23 / Chapter 102 / Section 23-102-104
Establishment of Arkansas Earthquake Authority
Status: in_force

(a) There is created a nonprofit legal entity to be known as the "Arkansas Earthquake Authority". The authority shall operate subject to the supervision and control of the Board of the Arkansas Earthquake Authority. The authority is created as a political subdivision, instrumentality, and body politic of the State of Arkansas and, as such, is not a state agency. (b) The authority shall be exempt from all state, county, and local taxes, including insurance premium taxes, the Arkansas Procurement Law, § 19-11-201 et seq., and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except to the extent defined in this chapter. Acts 1999, No. 1343, § 4.

(a) There is created a nonprofit legal entity to be known as the "Arkansas Earthquake Authority". The authority shall operate subject to the supervision and control of the Board of the Arkansas Earthquake Authority. The authority is created as a political subdivision, instrumentality, and body politic of the State of Arkansas and, as such, is not a state agency.

(b) The authority shall be exempt from all state, county, and local taxes, including insurance premium taxes, the Arkansas Procurement Law, § 19-11-201 et seq., and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., except to the extent defined in this chapter.

Acts 1999, No. 1343, § 4.
Ark. Code Ann. § 23-63-1618 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1618
Availability of funds
Status: in_force

In the case of a producer reinsurance captive insurance company or a sponsored captive insurance company: (1) The assets of the protected cell may not be used to pay any expenses or claims other than those attributable to the protected cell; and (2) Its capital and surplus must be available to pay any expenses of or claims against the captive insurance company at all times. Acts 2001, No. 1391, § 18.

In the case of a producer reinsurance captive insurance company or a sponsored captive insurance company:

(1) The assets of the protected cell may not be used to pay any expenses or claims other than those attributable to the protected cell; and

(2) Its capital and surplus must be available to pay any expenses of or claims against the captive insurance company at all times.

Acts 2001, No. 1391, § 18.
Ark. Code Ann. § 23-96-120 — AR Code / Title 23 / Chapter 96 / Section 23-96-120
Payment of premiums
Status: in_force

(a) Nonpayment of premiums within thirty-one (31) days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the Arkansas Life and Health Insurance Guaranty Association's obligations under the policy, contract, or coverage under this chapter with respect to the policy, contract, or coverage, except with respect to any claims incurred or any net cash surrender value which may be due under this chapter. (b) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association, and the association shall be liable for unearned premiums due to policy owners or contract owners arising after the entry of the order. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, § 8; 1997, No. 950, § 1.

(a) Nonpayment of premiums within thirty-one (31) days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the Arkansas Life and Health Insurance Guaranty Association's obligations under the policy, contract, or coverage under this chapter with respect to the policy, contract, or coverage, except with respect to any claims incurred or any net cash surrender value which may be due under this chapter.

(b) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association, and the association shall be liable for unearned premiums due to policy owners or contract owners arising after the entry of the order.

Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.

Acts 1989, No. 444, § 8; 1997, No. 950, § 1.
Ark. Code Ann. § 23-94-215 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-215
Rules
Status: in_force

The commissioner may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2786, eff. 7/24/2019. Acts 1995, No. 623, § 1.

The commissioner may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2786, eff. 7/24/2019.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-69-145 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-145
Effect of merger or consolidation
Status: in_force

(a) When the agreement of merger or consolidation as filed with the Insurance Commissioner as required under § 23-69-144 becomes effective, the separate existence of the constituent corporations shall cease, and they shall become a single corporation in accordance with the agreement, possessing all rights, privileges, powers, franchises, and immunities of a public as well as of a private nature and being subject to all the liabilities and duties of each of the corporations so merged or consolidated, and all, and singular, the rights, privileges, powers, franchises, and immunities of each of the corporations and all property, real, personal, and mixed, and all debts owing on whatever account and all other things in action of or belonging to each of the corporations shall be vested in the surviving or consolidated corporation. All property, rights, privileges, powers, franchises, and immunities and all and every other interest shall be thereafter the property of the surviving or consolidated corporation as effectually as they were of the several and respective constituent corporations. (b) However, all rights of creditors and all liens upon the property of any of the constituent corporations shall be preserved unimpaired, limited in lien to the property affected by the lien at the time of the merger or consolidation. All debts, liabilities, and duties of the respective constituent corporations shall thenceforth attach to the surviving or consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities, and duties had been incurred or contracted by it. Acts 1971, No. 301, § 4; A.S.A. 1947, § 66-4248.

(a) When the agreement of merger or consolidation as filed with the Insurance Commissioner as required under § 23-69-144 becomes effective, the separate existence of the constituent corporations shall cease, and they shall become a single corporation in accordance with the agreement, possessing all rights, privileges, powers, franchises, and immunities of a public as well as of a private nature and being subject to all the liabilities and duties of each of the corporations so merged or consolidated, and all, and singular, the rights, privileges, powers, franchises, and immunities of each of the corporations and all property, real, personal, and mixed, and all debts owing on whatever account and all other things in action of or belonging to each of the corporations shall be vested in the surviving or consolidated corporation. All property, rights, privileges, powers, franchises, and immunities and all and every other interest shall be thereafter the property of the surviving or consolidated corporation as effectually as they were of the several and respective constituent corporations.

(b) However, all rights of creditors and all liens upon the property of any of the constituent corporations shall be preserved unimpaired, limited in lien to the property affected by the lien at the time of the merger or consolidation. All debts, liabilities, and duties of the respective constituent corporations shall thenceforth attach to the surviving or consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities, and duties had been incurred or contracted by it.

Acts 1971, No. 301, § 4; A.S.A. 1947, § 66-4248.
Ark. Code Ann. § 23-48-1004 — AR Code / Title 23 / Chapter 48 / Subchapter 10 / Section 23-48-1004
Registered office and registered agent of out-of-state bank
Status: in_force

Each registered out-of-state bank must continuously maintain in this state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office. Acts 1997, No. 408, § 20.

Each registered out-of-state bank must continuously maintain in this state:

(1) A registered office that may be the same as any of its places of business; and

(2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office.

(A) An individual who resides in this state and whose business office is identical with the registered office;

(B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or

(C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-115-1102 — AR Code / Title 23 / Chapter 115 / Subchapter 11 / Section 23-115-1102
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1258,§ 38, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2010, No. 265, § 36; 2010, No. 294, § 36.

Repealed by Act 2015, No. 1258,§ 38, eff. 7/22/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2010, No. 265, § 36; 2010, No. 294, § 36.
Ark. Code Ann. § 23-46-101 — AR Code / Title 23 / Chapter 46 / Subchapter 1 / Section 23-46-101
Confidential records
Status: in_force

(a) Notwithstanding the Freedom of Information Act of 1967, § 25-19-101 et seq., the following records of the State Bank Department shall be confidential and shall not be exhibited or revealed to the public except as stated in this section or in accordance with department rules: (1) All examination reports filed with the department; (2) All records disclosing information obtained from examinations; (3) Investigations and reports revealing facts concerning a financial institution or the customers of a financial institution; and (4) All personal financial statements submitted to the department for any purpose. (b) Notwithstanding any provision of this section to the contrary, records deemed confidential in accordance with this section may be disclosed, in the Bank Commissioner's discretion, as follows: (1) Under a validly issued subpoena and in the interest of justice, the commissioner may waive the privilege created in this section and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information so disclosed from public dissemination; (2) Official orders of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that such a disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the financial institution; and (3) To state and federal regulatory agencies with jurisdiction over financial institutions or entities engaging in financial activities, including, but not limited to, insurance and securities brokerage and underwriting. (c) The commissioner shall have the power to promulgate rules with regard to disclosure of confidential information. Amended by Act 2019, No. 315,§ 2521, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2520, eff. 7/24/2019. Amended by Act 2017, No. 426,§ 12, eff. 8/1/2017. Acts 1997, No. 89, § 1; 2001, No. 1056, § 1; 2003, No. 860, § 13.

(a) Notwithstanding the Freedom of Information Act of 1967, § 25-19-101 et seq., the following records of the State Bank Department shall be confidential and shall not be exhibited or revealed to the public except as stated in this section or in accordance with department rules: (1) All examination reports filed with the department; (2) All records disclosing information obtained from examinations; (3) Investigations and reports revealing facts concerning a financial institution or the customers of a financial institution; and (4) All personal financial statements submitted to the department for any purpose.

(1) All examination reports filed with the department;

(2) All records disclosing information obtained from examinations;

(3) Investigations and reports revealing facts concerning a financial institution or the customers of a financial institution; and

(4) All personal financial statements submitted to the department for any purpose.

(b) Notwithstanding any provision of this section to the contrary, records deemed confidential in accordance with this section may be disclosed, in the Bank Commissioner's discretion, as follows: (1) Under a validly issued subpoena and in the interest of justice, the commissioner may waive the privilege created in this section and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information so disclosed from public dissemination; (2) Official orders of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that such a disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the financial institution; and (3) To state and federal regulatory agencies with jurisdiction over financial institutions or entities engaging in financial activities, including, but not limited to, insurance and securities brokerage and underwriting.

(1) Under a validly issued subpoena and in the interest of justice, the commissioner may waive the privilege created in this section and produce examination reports and other related documents under the provisions of a protective order entered by a court or administrative tribunal of competent jurisdiction when the order is designed to protect the confidential nature of the information so disclosed from public dissemination;

(2) Official orders of the department may be disclosed within the discretion of the commissioner if the commissioner makes a determination that such a disclosure would not give advantage to a competitor or adversely affect the safety and soundness of the financial institution; and

(3) To state and federal regulatory agencies with jurisdiction over financial institutions or entities engaging in financial activities, including, but not limited to, insurance and securities brokerage and underwriting.

(c) The commissioner shall have the power to promulgate rules with regard to disclosure of confidential information.

Amended by Act 2019, No. 315,§ 2521, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2520, eff. 7/24/2019.

Amended by Act 2017, No. 426,§ 12, eff. 8/1/2017.

Acts 1997, No. 89, § 1; 2001, No. 1056, § 1; 2003, No. 860, § 13.
Ark. Code Ann. § 23-46-607 — AR Code / Title 23 / Chapter 46 / Subchapter 6 / Section 23-46-607
Enforcement - Rules
Status: in_force

The Bank Commissioner may by rule: (1) Adopt additional procedures to implement this subchapter; and (2) Impose sanctions under § 23-46-205 for violations of this subchapter by a technology service provider if the commissioner considers the enforcement action to be necessary or appropriate to enforce this subchapter and ensure compliance with the laws of this state. Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.

The Bank Commissioner may by rule:

(1) Adopt additional procedures to implement this subchapter; and

(2) Impose sanctions under § 23-46-205 for violations of this subchapter by a technology service provider if the commissioner considers the enforcement action to be necessary or appropriate to enforce this subchapter and ensure compliance with the laws of this state.

Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.