Ark. Code Ann. § 23-115-305 — AR Code / Title 23 / Chapter 115 / Subchapter 3 / Section 23-115-305
Regular salaries
Status: in_force

There are established for the Office of the Arkansas Lottery the following titles and grades for each position. The salary for the positions assigned to grades shall be determined in accordance with the pay level for the grade assigned in this section, as established in § 21-5-209 . Class Code Title No. of Employees Grade U128U OAL DIRECTOR 1 SE-4 G056N OAL GAMING DIRECTOR 1 SE-4 A024N OAL INTERNAL AUDITOR 1 SE-1 D029N OAL DEPUTY IT GAMING DIRECTOR 1 IT08 D113C OAL SR. DATABASE ADMINISTRATOR 1 IT07 D112C OAL NETWORK ENGINEER 1 IT07 D110C OAL QA SYSTEMS ANALYST 1 IT07 D111C OAL IT SECURITY ANALYST 1 IT06 D119C OAL LEAD COMPUTER OPERATOR 1 IT04 D108C OAL APPLICATION SUPP SPECIALIST 1 IT02 D107C OAL COMPUTER OPERATOR 2 IT01 G051N OAL SALES DIRECTOR 1 GS15 G050N OAL CHIEF LEGAL COUNSEL 1 GS15 A016N OAL CHIEF FISCAL OFFICER 1 GS15 G057N OAL DIR SECURITY &COMPLIANCE 1 GS14 G047N OAL MARKETING &ADVERTISING DIR 1 GS14 G046N OAL SALES TRNG &RETAIL COORD 1 GS13 G059N OAL SECURITY DEPUTY DIR 1 GS12 A015N OAL TREASURER 1 GS12 A014N OAL CONTROLLER 1 GS12 G058N OAL KEY CHAIN ACCOUNT MANAGER 1 GS11 G044N OAL REGIONAL SALES MANAGER 2 GS11 A025N OAL FINANCIAL ANALYST 1 GS10 G060N OAL PRODUCT MANAGER 2 GS10 C106C OAL OFFICE COORDINATOR 1 GS08 A026N OAL AUDITOR 2 GS08 A120C OAL ACCOUNTANT 4 GS08 A123C OAL COLLECTIONS SPECIALIST 1 GS08 X211C OAL SENIOR SECURITY SPECIALIST 1 GS08 X208C OAL CLAIMS CENTER MANAGER 1 GS07 P069C OAL GRAPHIC SPECIALIST 1 GS07 G260C OAL MARKETING SALES REP 20 GS07 P072C OAL PUBLICATION SPECIALIST 1 GS07 P070C OAL OFFICE CAMPAIGN COORDINATOR 1 GS07 X210C OAL LICENSING MANAGER 1 GS07 A122C OAL FISCAL SPECIALIST 1 GS06 G261C OAL DRAW MANAGER 2 GS06 X209C OAL SECURITY SPECIALIST 1 GS06 X213C OAL LICENSING SPECIALIST 3 GS05 X212C OAL SECURITY SUPPORT SPECIALIST 1 GS04 X214C OAL CLAIMS ASSISTANT 2 GS04 C105C OAL RECEPTIONIST 1 GS03 TOTAL NO. OF POSITIONS: 72 Amended by Act 2017, No. 693,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 32.

There are established for the Office of the Arkansas Lottery the following titles and grades for each position. The salary for the positions assigned to grades shall be determined in accordance with the pay level for the grade assigned in this section, as established in § 21-5-209 .

Class Code Title No. of Employees Grade U128U OAL DIRECTOR 1 SE-4 G056N OAL GAMING DIRECTOR 1 SE-4 A024N OAL INTERNAL AUDITOR 1 SE-1 D029N OAL DEPUTY IT GAMING DIRECTOR 1 IT08 D113C OAL SR. DATABASE ADMINISTRATOR 1 IT07 D112C OAL NETWORK ENGINEER 1 IT07 D110C OAL QA SYSTEMS ANALYST 1 IT07 D111C OAL IT SECURITY ANALYST 1 IT06 D119C OAL LEAD COMPUTER OPERATOR 1 IT04 D108C OAL APPLICATION SUPP SPECIALIST 1 IT02 D107C OAL COMPUTER OPERATOR 2 IT01 G051N OAL SALES DIRECTOR 1 GS15 G050N OAL CHIEF LEGAL COUNSEL 1 GS15 A016N OAL CHIEF FISCAL OFFICER 1 GS15 G057N OAL DIR SECURITY &COMPLIANCE 1 GS14 G047N OAL MARKETING &ADVERTISING DIR 1 GS14 G046N OAL SALES TRNG &RETAIL COORD 1 GS13 G059N OAL SECURITY DEPUTY DIR 1 GS12 A015N OAL TREASURER 1 GS12 A014N OAL CONTROLLER 1 GS12 G058N OAL KEY CHAIN ACCOUNT MANAGER 1 GS11 G044N OAL REGIONAL SALES MANAGER 2 GS11 A025N OAL FINANCIAL ANALYST 1 GS10 G060N OAL PRODUCT MANAGER 2 GS10 C106C OAL OFFICE COORDINATOR 1 GS08 A026N OAL AUDITOR 2 GS08 A120C OAL ACCOUNTANT 4 GS08 A123C OAL COLLECTIONS SPECIALIST 1 GS08 X211C OAL SENIOR SECURITY SPECIALIST 1 GS08 X208C OAL CLAIMS CENTER MANAGER 1 GS07 P069C OAL GRAPHIC SPECIALIST 1 GS07 G260C OAL MARKETING SALES REP 20 GS07 P072C OAL PUBLICATION SPECIALIST 1 GS07 P070C OAL OFFICE CAMPAIGN COORDINATOR 1 GS07 X210C OAL LICENSING MANAGER 1 GS07 A122C OAL FISCAL SPECIALIST 1 GS06 G261C OAL DRAW MANAGER 2 GS06 X209C OAL SECURITY SPECIALIST 1 GS06 X213C OAL LICENSING SPECIALIST 3 GS05 X212C OAL SECURITY SUPPORT SPECIALIST 1 GS04 X214C OAL CLAIMS ASSISTANT 2 GS04 C105C OAL RECEPTIONIST 1 GS03 TOTAL NO. OF POSITIONS: 72

Class Code

Title

No. of Employees

Grade

U128U

OAL DIRECTOR

1

SE-4

G056N

OAL GAMING DIRECTOR

1

SE-4

A024N

OAL INTERNAL AUDITOR

1

SE-1

D029N

OAL DEPUTY IT GAMING DIRECTOR

1

IT08

D113C

OAL SR. DATABASE ADMINISTRATOR

1

IT07

D112C

OAL NETWORK ENGINEER

1

IT07

D110C

OAL QA SYSTEMS ANALYST

1

IT07

D111C

OAL IT SECURITY ANALYST

1

IT06

D119C

OAL LEAD COMPUTER OPERATOR

1

IT04

D108C

OAL APPLICATION SUPP SPECIALIST

1

IT02

D107C

OAL COMPUTER OPERATOR

2

IT01

G051N

OAL SALES DIRECTOR

1

GS15

G050N

OAL CHIEF LEGAL COUNSEL

1

GS15

A016N

OAL CHIEF FISCAL OFFICER

1

GS15

G057N

OAL DIR SECURITY &COMPLIANCE

1

GS14

G047N

OAL MARKETING &ADVERTISING DIR

1

GS14

G046N

OAL SALES TRNG &RETAIL COORD

1

GS13

G059N

OAL SECURITY DEPUTY DIR

1

GS12

A015N

OAL TREASURER

1

GS12

A014N

OAL CONTROLLER

1

GS12

G058N

OAL KEY CHAIN ACCOUNT MANAGER

1

GS11

G044N

OAL REGIONAL SALES MANAGER

2

GS11

A025N

OAL FINANCIAL ANALYST

1

GS10

G060N

OAL PRODUCT MANAGER

2

GS10

C106C

OAL OFFICE COORDINATOR

1

GS08

A026N

OAL AUDITOR

2

GS08

A120C

OAL ACCOUNTANT

4

GS08

A123C

OAL COLLECTIONS SPECIALIST

1

GS08

X211C

OAL SENIOR SECURITY SPECIALIST

1

GS08

X208C

OAL CLAIMS CENTER MANAGER

1

GS07

P069C

OAL GRAPHIC SPECIALIST

1

GS07

G260C

OAL MARKETING SALES REP

20

GS07

P072C

OAL PUBLICATION SPECIALIST

1

GS07

P070C

OAL OFFICE CAMPAIGN COORDINATOR

1

GS07

X210C

OAL LICENSING MANAGER

1

GS07

A122C

OAL FISCAL SPECIALIST

1

GS06

G261C

OAL DRAW MANAGER

2

GS06

X209C

OAL SECURITY SPECIALIST

1

GS06

X213C

OAL LICENSING SPECIALIST

3

GS05

X212C

OAL SECURITY SUPPORT SPECIALIST

1

GS04

X214C

OAL CLAIMS ASSISTANT

2

GS04

C105C

OAL RECEPTIONIST

1

GS03

TOTAL NO. OF POSITIONS:

72

Amended by Act 2017, No. 693,§ 2, eff. 8/1/2017.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 32.
Ark. Code Ann. § 23-94-208 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-208
Notice and registration requirements of purchasing groups
Status: in_force

(a) (1) A purchasing group that intends to do business in this state shall obtain a certificate of registration from the Insurance Commissioner. (2) The commissioner shall issue a certificate of registration to a purchasing group organized and formed under the laws of any state if the commissioner is satisfied that the applicant has complied with this subchapter. (3) (A) Before doing business in this state, a purchasing group shall furnish notice to the commissioner on forms prescribed by the National Association of Insurance Commissioners. (B) The notice required under subdivision (a)(3)(A) of this section shall: (i) Identify the state in which the purchasing group is domiciled; (ii) Identify all other states in which the purchasing group intends to do business; (iii) Specify the lines and classifications of liability insurance that the purchasing group intends to purchase; (iv) Identify the insurance company or companies from which the purchasing group intends to purchase its insurance and the domicile of the company; (v) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; (vi) Identify the principal place of business of the purchasing group; and (vii) Provide such other information as may be required by the commissioner to verify that the purchasing group is qualified for a certificate of registration. (b) A purchasing group shall, within ten (10) days, notify the commissioner of any changes in any of the items set forth in subsection (a) of this section. (c) The purchasing group shall register with and designate the commissioner as its agent solely for the purpose of receiving service of legal documents or process, for which a filing fee shall be determined by the commissioner, except that such requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the Product Liability Risk Retention Act of 1981, and: (1) Which in any state of the United States: (A) Was domiciled before April 1, 1986; and (B) Is domiciled on and after October 27, 1986; (2) Which: (A) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and (B) Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or (3) Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986. (d) Each purchasing group that is required to give notice pursuant to subsection (a) of this section shall also furnish such information as may be required by the commissioner to: (1) Verify that the entity qualifies as a purchasing group; (2) Determine where the purchasing group is located; and (3) Determine appropriate tax treatment. (e) Any purchasing group which was doing business in this state prior to March 14, 1995, shall, within thirty (30) days after March 14, 1995, furnish notice to the commissioner pursuant to the provisions of subsection (a) of this section and furnish such information as may be required pursuant to subsections (b) and (c) of this section. Amended by Act 2017, No. 283,§ 21, eff. 8/1/2017. Acts 1995, No. 623, § 1.

(a) (1) A purchasing group that intends to do business in this state shall obtain a certificate of registration from the Insurance Commissioner. (2) The commissioner shall issue a certificate of registration to a purchasing group organized and formed under the laws of any state if the commissioner is satisfied that the applicant has complied with this subchapter. (3) (A) Before doing business in this state, a purchasing group shall furnish notice to the commissioner on forms prescribed by the National Association of Insurance Commissioners. (B) The notice required under subdivision (a)(3)(A) of this section shall: (i) Identify the state in which the purchasing group is domiciled; (ii) Identify all other states in which the purchasing group intends to do business; (iii) Specify the lines and classifications of liability insurance that the purchasing group intends to purchase; (iv) Identify the insurance company or companies from which the purchasing group intends to purchase its insurance and the domicile of the company; (v) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; (vi) Identify the principal place of business of the purchasing group; and (vii) Provide such other information as may be required by the commissioner to verify that the purchasing group is qualified for a certificate of registration.

(1) A purchasing group that intends to do business in this state shall obtain a certificate of registration from the Insurance Commissioner.

(2) The commissioner shall issue a certificate of registration to a purchasing group organized and formed under the laws of any state if the commissioner is satisfied that the applicant has complied with this subchapter.

(3) (A) Before doing business in this state, a purchasing group shall furnish notice to the commissioner on forms prescribed by the National Association of Insurance Commissioners. (B) The notice required under subdivision (a)(3)(A) of this section shall: (i) Identify the state in which the purchasing group is domiciled; (ii) Identify all other states in which the purchasing group intends to do business; (iii) Specify the lines and classifications of liability insurance that the purchasing group intends to purchase; (iv) Identify the insurance company or companies from which the purchasing group intends to purchase its insurance and the domicile of the company; (v) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; (vi) Identify the principal place of business of the purchasing group; and (vii) Provide such other information as may be required by the commissioner to verify that the purchasing group is qualified for a certificate of registration.

(A) Before doing business in this state, a purchasing group shall furnish notice to the commissioner on forms prescribed by the National Association of Insurance Commissioners.

(B) The notice required under subdivision (a)(3)(A) of this section shall: (i) Identify the state in which the purchasing group is domiciled; (ii) Identify all other states in which the purchasing group intends to do business; (iii) Specify the lines and classifications of liability insurance that the purchasing group intends to purchase; (iv) Identify the insurance company or companies from which the purchasing group intends to purchase its insurance and the domicile of the company; (v) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; (vi) Identify the principal place of business of the purchasing group; and (vii) Provide such other information as may be required by the commissioner to verify that the purchasing group is qualified for a certificate of registration.

(i) Identify the state in which the purchasing group is domiciled;

(ii) Identify all other states in which the purchasing group intends to do business;

(iii) Specify the lines and classifications of liability insurance that the purchasing group intends to purchase;

(iv) Identify the insurance company or companies from which the purchasing group intends to purchase its insurance and the domicile of the company;

(v) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state;

(vi) Identify the principal place of business of the purchasing group; and

(vii) Provide such other information as may be required by the commissioner to verify that the purchasing group is qualified for a certificate of registration.

(b) A purchasing group shall, within ten (10) days, notify the commissioner of any changes in any of the items set forth in subsection (a) of this section.

(c) The purchasing group shall register with and designate the commissioner as its agent solely for the purpose of receiving service of legal documents or process, for which a filing fee shall be determined by the commissioner, except that such requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the Product Liability Risk Retention Act of 1981, and: (1) Which in any state of the United States: (A) Was domiciled before April 1, 1986; and (B) Is domiciled on and after October 27, 1986; (2) Which: (A) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and (B) Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or (3) Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986.

(1) Which in any state of the United States: (A) Was domiciled before April 1, 1986; and (B) Is domiciled on and after October 27, 1986;

(A) Was domiciled before April 1, 1986; and

(B) Is domiciled on and after October 27, 1986;

(2) Which: (A) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and (B) Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or

(A) Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and

(B) Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or

(3) Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986.

(d) Each purchasing group that is required to give notice pursuant to subsection (a) of this section shall also furnish such information as may be required by the commissioner to: (1) Verify that the entity qualifies as a purchasing group; (2) Determine where the purchasing group is located; and (3) Determine appropriate tax treatment.

(1) Verify that the entity qualifies as a purchasing group;

(2) Determine where the purchasing group is located; and

(3) Determine appropriate tax treatment.

(e) Any purchasing group which was doing business in this state prior to March 14, 1995, shall, within thirty (30) days after March 14, 1995, furnish notice to the commissioner pursuant to the provisions of subsection (a) of this section and furnish such information as may be required pursuant to subsections (b) and (c) of this section.

Amended by Act 2017, No. 283,§ 21, eff. 8/1/2017.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-18-519 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-519
Decision of commission - Modifications of application
Status: in_force

(a) (1) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the location, financing, construction, operation, or maintenance of the major utility facility as the commission may deem appropriate. (2) The record may include by reference the findings of the commission in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources. (b) The commission shall not grant a certificate for the location, financing, construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the commission, unless it finds and determines: (1) (A) The basis of the need for the major utility facility. (B) In determining the basis of the need for the major utility facility, the commission may rely upon the commission's determination in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources; (2) That the major utility facility will serve the public interest, convenience, and necessity; (3) The nature of the probable environmental impact of the major utility facility; (4) That the major utility facility represents an acceptable adverse environmental impact, considering the state of available technology, the requirements of the customers of the applicant for utility service, the nature and economics of the proposal, any state or federal permit for the environmental impact, and the various alternatives, if any, and other pertinent considerations; (5) The nature of the probable economic impact of the major utility facility; (6) That the major utility facility financing method either as proposed or as modified by the commission represents an acceptable economic impact, considering economic conditions and the need for and cost of additional public utility services; (7) In the case of an electric transmission line, that the major utility facility is not inconsistent with plans of other electric systems serving the state that have been filed with the commission; (8) In the case of a gas transmission line, that the location of the line will not pose an undue hazard to persons or property along the area to be traversed by the line; (9) That the energy efficiency of the major utility facility, as described in § 23-18-503(6)(A) , has been given significant weight in the decision-making process; (10) That the location of the major utility facility as proposed conforms as closely as practicable to applicable state, regional, and local laws and regulations issued thereunder, except that the commission may refuse to apply all or part of any regional or local law or regulation if it finds that, as applied to the proposed major utility facility, the law or regulation is unreasonably restrictive in view of the existing technology, factors of cost or economics, or the needs of consumers whether located inside or outside of the directly affected government subdivisions; (11) The interstate benefits expected to be achieved by the proposed construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor; and (12) That any conditions attached to a certificate for the construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor do not interfere with reduction of electric transmission congestion in interstate commerce or render the project economically infeasible. (c) (1) If the commission determines that the location or design of all or a part of the proposed major utility facility should be modified, it may condition its certificate upon the modification, provided that the municipalities, counties, and persons residing therein affected by the modification shall have been given reasonable notice thereof, if the persons, municipalities, or counties have not previously been served with notice of the application. (2) If the commission requires in the case of a transmission line that a portion thereof shall be located underground in one (1) or more areas, the commission, after giving appropriate notice and an opportunity to be heard to affected ratepayers, shall have the power and authority to authorize the adjustment of rates and charges to customers within the areas where the underground portion of the transmission line is located in order to compensate for the additional costs, if any, of the underground construction. (d) (1) If the commission determines that financing of all or part of the proposed major utility facility should be modified, it may condition its certificate upon the modification. (2) If at the time of filing the application or within sixty (60) days thereafter, the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant and if the commission determines that financing the major utility facility with such tax-exempt bonds would be in the best interests of the people of the state, the commission, after giving appropriate notice and an opportunity to be heard to the parties, shall have the power and authority to require by order or rule that the major utility facility be financed in such manner as may be provided elsewhere by law. (e) A copy of the decision and any order issued therewith shall be served upon each party within sixty (60) days after the conclusion of each hearing held under this subchapter. Amended by Act 2019, No. 315,§ 2482, eff. 7/24/2019. Amended by Act 2013, No. 1133,§ 6, eff. 8/16/2013. Acts 1973, No. 164, § 9; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.8; Acts 1999, No. 1556, § 10; 2001, No. 324, §§ 9, 10; 2003, No. 204, §§ 14, 15; 2007, No. 658, § 5; 2009, No. 164, § 8; 2011, No. 910, § 9.

(a) (1) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the location, financing, construction, operation, or maintenance of the major utility facility as the commission may deem appropriate. (2) The record may include by reference the findings of the commission in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources.

(1) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the location, financing, construction, operation, or maintenance of the major utility facility as the commission may deem appropriate.

(2) The record may include by reference the findings of the commission in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources.

(b) The commission shall not grant a certificate for the location, financing, construction, operation, and maintenance of a major utility facility, either as proposed or as modified by the commission, unless it finds and determines: (1) (A) The basis of the need for the major utility facility. (B) In determining the basis of the need for the major utility facility, the commission may rely upon the commission's determination in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources; (2) That the major utility facility will serve the public interest, convenience, and necessity; (3) The nature of the probable environmental impact of the major utility facility; (4) That the major utility facility represents an acceptable adverse environmental impact, considering the state of available technology, the requirements of the customers of the applicant for utility service, the nature and economics of the proposal, any state or federal permit for the environmental impact, and the various alternatives, if any, and other pertinent considerations; (5) The nature of the probable economic impact of the major utility facility; (6) That the major utility facility financing method either as proposed or as modified by the commission represents an acceptable economic impact, considering economic conditions and the need for and cost of additional public utility services; (7) In the case of an electric transmission line, that the major utility facility is not inconsistent with plans of other electric systems serving the state that have been filed with the commission; (8) In the case of a gas transmission line, that the location of the line will not pose an undue hazard to persons or property along the area to be traversed by the line; (9) That the energy efficiency of the major utility facility, as described in § 23-18-503(6)(A) , has been given significant weight in the decision-making process; (10) That the location of the major utility facility as proposed conforms as closely as practicable to applicable state, regional, and local laws and regulations issued thereunder, except that the commission may refuse to apply all or part of any regional or local law or regulation if it finds that, as applied to the proposed major utility facility, the law or regulation is unreasonably restrictive in view of the existing technology, factors of cost or economics, or the needs of consumers whether located inside or outside of the directly affected government subdivisions; (11) The interstate benefits expected to be achieved by the proposed construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor; and (12) That any conditions attached to a certificate for the construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor do not interfere with reduction of electric transmission congestion in interstate commerce or render the project economically infeasible.

(1) (A) The basis of the need for the major utility facility. (B) In determining the basis of the need for the major utility facility, the commission may rely upon the commission's determination in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources;

(A) The basis of the need for the major utility facility.

(B) In determining the basis of the need for the major utility facility, the commission may rely upon the commission's determination in an energy resource declaration-of-need proceeding that the utility needs additional energy supply resources or transmission resources;

(2) That the major utility facility will serve the public interest, convenience, and necessity;

(3) The nature of the probable environmental impact of the major utility facility;

(4) That the major utility facility represents an acceptable adverse environmental impact, considering the state of available technology, the requirements of the customers of the applicant for utility service, the nature and economics of the proposal, any state or federal permit for the environmental impact, and the various alternatives, if any, and other pertinent considerations;

(5) The nature of the probable economic impact of the major utility facility;

(6) That the major utility facility financing method either as proposed or as modified by the commission represents an acceptable economic impact, considering economic conditions and the need for and cost of additional public utility services;

(7) In the case of an electric transmission line, that the major utility facility is not inconsistent with plans of other electric systems serving the state that have been filed with the commission;

(8) In the case of a gas transmission line, that the location of the line will not pose an undue hazard to persons or property along the area to be traversed by the line;

(9) That the energy efficiency of the major utility facility, as described in § 23-18-503(6)(A) , has been given significant weight in the decision-making process;

(10) That the location of the major utility facility as proposed conforms as closely as practicable to applicable state, regional, and local laws and regulations issued thereunder, except that the commission may refuse to apply all or part of any regional or local law or regulation if it finds that, as applied to the proposed major utility facility, the law or regulation is unreasonably restrictive in view of the existing technology, factors of cost or economics, or the needs of consumers whether located inside or outside of the directly affected government subdivisions;

(11) The interstate benefits expected to be achieved by the proposed construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor; and

(12) That any conditions attached to a certificate for the construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , that is located within a national interest electric transmission corridor do not interfere with reduction of electric transmission congestion in interstate commerce or render the project economically infeasible.

(c) (1) If the commission determines that the location or design of all or a part of the proposed major utility facility should be modified, it may condition its certificate upon the modification, provided that the municipalities, counties, and persons residing therein affected by the modification shall have been given reasonable notice thereof, if the persons, municipalities, or counties have not previously been served with notice of the application. (2) If the commission requires in the case of a transmission line that a portion thereof shall be located underground in one (1) or more areas, the commission, after giving appropriate notice and an opportunity to be heard to affected ratepayers, shall have the power and authority to authorize the adjustment of rates and charges to customers within the areas where the underground portion of the transmission line is located in order to compensate for the additional costs, if any, of the underground construction.

(1) If the commission determines that the location or design of all or a part of the proposed major utility facility should be modified, it may condition its certificate upon the modification, provided that the municipalities, counties, and persons residing therein affected by the modification shall have been given reasonable notice thereof, if the persons, municipalities, or counties have not previously been served with notice of the application.

(2) If the commission requires in the case of a transmission line that a portion thereof shall be located underground in one (1) or more areas, the commission, after giving appropriate notice and an opportunity to be heard to affected ratepayers, shall have the power and authority to authorize the adjustment of rates and charges to customers within the areas where the underground portion of the transmission line is located in order to compensate for the additional costs, if any, of the underground construction.

(d) (1) If the commission determines that financing of all or part of the proposed major utility facility should be modified, it may condition its certificate upon the modification. (2) If at the time of filing the application or within sixty (60) days thereafter, the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant and if the commission determines that financing the major utility facility with such tax-exempt bonds would be in the best interests of the people of the state, the commission, after giving appropriate notice and an opportunity to be heard to the parties, shall have the power and authority to require by order or rule that the major utility facility be financed in such manner as may be provided elsewhere by law.

(1) If the commission determines that financing of all or part of the proposed major utility facility should be modified, it may condition its certificate upon the modification.

(2) If at the time of filing the application or within sixty (60) days thereafter, the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant and if the commission determines that financing the major utility facility with such tax-exempt bonds would be in the best interests of the people of the state, the commission, after giving appropriate notice and an opportunity to be heard to the parties, shall have the power and authority to require by order or rule that the major utility facility be financed in such manner as may be provided elsewhere by law.

(e) A copy of the decision and any order issued therewith shall be served upon each party within sixty (60) days after the conclusion of each hearing held under this subchapter.

Amended by Act 2019, No. 315,§ 2482, eff. 7/24/2019.

Amended by Act 2013, No. 1133,§ 6, eff. 8/16/2013.

Acts 1973, No. 164, § 9; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.8; Acts 1999, No. 1556, § 10; 2001, No. 324, §§ 9, 10; 2003, No. 204, §§ 14, 15; 2007, No. 658, § 5; 2009, No. 164, § 8; 2011, No. 910, § 9.
Ark. Code Ann. § 23-40-112 — AR Code / Title 23 / Chapter 40 / Section 23-40-112
Prepaid funeral benefits contracts
Status: in_force

(a) (1) The Insurance Commissioner shall approve forms for prepaid funeral benefits contracts. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, a nonguaranteed prepaid contract or a nonspecified prepaid contract shall be approved if the prepaid contract provides the contract holder with interest or earnings during the term of the prepaid contract. (B) If a prepaid contract is canceled under § 23-40-122 , the seller may retain the accumulated interest on the deposit or the cash surrender value of the insurance policy used to purchase the prepaid contract in excess of the amount paid by the purchaser. (C) The commissioner by rule may establish additional requirements for a nonguaranteed prepaid contract or a nonspecified prepaid contract. (b) (1) Prepaid funeral benefits contracts shall be in writing. (2) A prepaid contract for specified benefits shall set forth the specific merchandise and services to be provided by the seller and the prepaid contract price. (3) (A) A nonguaranteed prepaid contract for specified benefits shall state that the prepaid contract is not guaranteed. (B) A nonguaranteed prepaid contract may: (i) State the specific merchandise and services to be provided by the seller; and (ii) Name the prepaid contract price. (c) (1) All forms for prepaid funeral benefits contracts shall contain the provisions incidental to the orderly administration of this chapter as set forth in the rules prescribed by the commissioner. (2) A prepaid contract form shall not be used without prior approval of the commissioner. (d) (1) (A) A seller of a prepaid contract for specified benefits shall furnish to the buyer the merchandise and services as stated in the prepaid contract at the prepaid contract price regardless of the cost of the merchandise or services at the date of the contract beneficiary's death. (B) A nonguaranteed prepaid contract shall state that the prepaid contract price is not guaranteed. (2) (A) However, the seller shall not be required to furnish at the prepaid contract price other items incidental to the funeral and disposition of the beneficiary that are clearly identified in the prepaid contract as cash accommodation items. (B) The seller may charge the difference between the cash accommodation fund balance, including accrued interest, and the market price of the cash accommodation items as of the date of the beneficiary's death. (C) If the total funds on deposit exceed the market price of the cash accommodation items, the seller shall return the excess to the buyer or his or her estate. (e) The seller shall not be entitled to enforce a prepaid contract made in violation of this chapter, but the purchaser, or his or her heirs, or his or her legal representative shall be entitled to recover all amounts paid to the seller under any prepaid contract made in violation of this chapter. (f) (1) This chapter does not prohibit the assignment or transfer of insurance contracts as consideration for prepaid funeral benefits furnished in accordance with this chapter or the designation of an organization licensed pursuant to this chapter as beneficiary of a funeral expense or other insurance policy. (2) Such an assignment, transfer, or designation shall not be deemed to be a prepaid contract. (g) The prepaid contract shall contain a provision in substantially the following form: "NOTICE: If this contract is irrevocable and you choose to transfer this contract to a substitute provider, the entire amount of the contract will not be transferred, the seller may collect a fee that includes the cost of transferring the contract, and you may have to pay more to obtain 100% of the services provided for in the contract." (h) (1) Each seller shall provide advance written notice to the prepaid contract purchaser that the seller intends to procure a single payment whole life insurance policy or annuity on the contract beneficiary to fund the prepaid funeral benefit contract for less money than the total amount of the cash payment if: (A) The prepaid funeral benefits contract was originally intended by the contract purchaser to be fully paid in cash; and (B) The amount of the single premium payment to the insurer by the seller is less than the cash payment provided to the seller by the contract purchaser. (2) (A) Within three (3) business days from the receipt of a notification of death of a contract beneficiary and a request for verification of benefits by an owner, beneficiary, or assignee, or the authorized representative of the owner, beneficiary, or assignee, an insurer shall verify the benefits for a contract beneficiary under a whole life insurance policy or annuity. (B) The verification of benefits under subdivision (h)(2)(A) of this section shall include without limitation: (i) Whether the deceased is a covered person under the policy or annuity; (ii) The death benefit amount under the policy or annuity; and (iii) Whether the policy or annuity is in the contestability period. (C) The commissioner shall promulgate rules regarding verification of benefits under subdivision (h)(2)(A) of this section. (D) The commissioner may impose a fine not to exceed five hundred dollars ($500) for each failure to provide the verification required under this subdivision (h)(2) and not more than five thousand dollars ($5,000) in the aggregate. Amended by Act 2019, No. 500,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 880,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 904,§ 5, eff. 4/1/2015. Amended by Act 2015, No. 904,§ 4, eff. 4/1/2015. Amended by Act 2015, No. 904,§ 3, eff. 4/1/2015. Amended by Act 2013, No. 476,§ 3, eff. 8/16/2013. Acts 1985, No. 156, §§ 2, 4; A.S.A. 1947, §§ 67-1714, 67-1716; Acts 1995, No. 852, §§ 4, 12; 2003, No. 987, § 3[2].

(a) (1) The Insurance Commissioner shall approve forms for prepaid funeral benefits contracts. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, a nonguaranteed prepaid contract or a nonspecified prepaid contract shall be approved if the prepaid contract provides the contract holder with interest or earnings during the term of the prepaid contract. (B) If a prepaid contract is canceled under § 23-40-122 , the seller may retain the accumulated interest on the deposit or the cash surrender value of the insurance policy used to purchase the prepaid contract in excess of the amount paid by the purchaser. (C) The commissioner by rule may establish additional requirements for a nonguaranteed prepaid contract or a nonspecified prepaid contract.

(1) The Insurance Commissioner shall approve forms for prepaid funeral benefits contracts.

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, a nonguaranteed prepaid contract or a nonspecified prepaid contract shall be approved if the prepaid contract provides the contract holder with interest or earnings during the term of the prepaid contract. (B) If a prepaid contract is canceled under § 23-40-122 , the seller may retain the accumulated interest on the deposit or the cash surrender value of the insurance policy used to purchase the prepaid contract in excess of the amount paid by the purchaser. (C) The commissioner by rule may establish additional requirements for a nonguaranteed prepaid contract or a nonspecified prepaid contract.

(A) Except as provided in subdivision (a)(2)(B) of this section, a nonguaranteed prepaid contract or a nonspecified prepaid contract shall be approved if the prepaid contract provides the contract holder with interest or earnings during the term of the prepaid contract.

(B) If a prepaid contract is canceled under § 23-40-122 , the seller may retain the accumulated interest on the deposit or the cash surrender value of the insurance policy used to purchase the prepaid contract in excess of the amount paid by the purchaser.

(C) The commissioner by rule may establish additional requirements for a nonguaranteed prepaid contract or a nonspecified prepaid contract.

(b) (1) Prepaid funeral benefits contracts shall be in writing. (2) A prepaid contract for specified benefits shall set forth the specific merchandise and services to be provided by the seller and the prepaid contract price. (3) (A) A nonguaranteed prepaid contract for specified benefits shall state that the prepaid contract is not guaranteed. (B) A nonguaranteed prepaid contract may: (i) State the specific merchandise and services to be provided by the seller; and (ii) Name the prepaid contract price.

(1) Prepaid funeral benefits contracts shall be in writing.

(2) A prepaid contract for specified benefits shall set forth the specific merchandise and services to be provided by the seller and the prepaid contract price.

(3) (A) A nonguaranteed prepaid contract for specified benefits shall state that the prepaid contract is not guaranteed. (B) A nonguaranteed prepaid contract may: (i) State the specific merchandise and services to be provided by the seller; and (ii) Name the prepaid contract price.

(A) A nonguaranteed prepaid contract for specified benefits shall state that the prepaid contract is not guaranteed.

(B) A nonguaranteed prepaid contract may: (i) State the specific merchandise and services to be provided by the seller; and (ii) Name the prepaid contract price.

(i) State the specific merchandise and services to be provided by the seller; and

(ii) Name the prepaid contract price.

(c) (1) All forms for prepaid funeral benefits contracts shall contain the provisions incidental to the orderly administration of this chapter as set forth in the rules prescribed by the commissioner. (2) A prepaid contract form shall not be used without prior approval of the commissioner.

(1) All forms for prepaid funeral benefits contracts shall contain the provisions incidental to the orderly administration of this chapter as set forth in the rules prescribed by the commissioner.

(2) A prepaid contract form shall not be used without prior approval of the commissioner.

(d) (1) (A) A seller of a prepaid contract for specified benefits shall furnish to the buyer the merchandise and services as stated in the prepaid contract at the prepaid contract price regardless of the cost of the merchandise or services at the date of the contract beneficiary's death. (B) A nonguaranteed prepaid contract shall state that the prepaid contract price is not guaranteed. (2) (A) However, the seller shall not be required to furnish at the prepaid contract price other items incidental to the funeral and disposition of the beneficiary that are clearly identified in the prepaid contract as cash accommodation items. (B) The seller may charge the difference between the cash accommodation fund balance, including accrued interest, and the market price of the cash accommodation items as of the date of the beneficiary's death. (C) If the total funds on deposit exceed the market price of the cash accommodation items, the seller shall return the excess to the buyer or his or her estate.

(1) (A) A seller of a prepaid contract for specified benefits shall furnish to the buyer the merchandise and services as stated in the prepaid contract at the prepaid contract price regardless of the cost of the merchandise or services at the date of the contract beneficiary's death. (B) A nonguaranteed prepaid contract shall state that the prepaid contract price is not guaranteed.

(A) A seller of a prepaid contract for specified benefits shall furnish to the buyer the merchandise and services as stated in the prepaid contract at the prepaid contract price regardless of the cost of the merchandise or services at the date of the contract beneficiary's death.

(B) A nonguaranteed prepaid contract shall state that the prepaid contract price is not guaranteed.

(2) (A) However, the seller shall not be required to furnish at the prepaid contract price other items incidental to the funeral and disposition of the beneficiary that are clearly identified in the prepaid contract as cash accommodation items. (B) The seller may charge the difference between the cash accommodation fund balance, including accrued interest, and the market price of the cash accommodation items as of the date of the beneficiary's death. (C) If the total funds on deposit exceed the market price of the cash accommodation items, the seller shall return the excess to the buyer or his or her estate.

(A) However, the seller shall not be required to furnish at the prepaid contract price other items incidental to the funeral and disposition of the beneficiary that are clearly identified in the prepaid contract as cash accommodation items.

(B) The seller may charge the difference between the cash accommodation fund balance, including accrued interest, and the market price of the cash accommodation items as of the date of the beneficiary's death.

(C) If the total funds on deposit exceed the market price of the cash accommodation items, the seller shall return the excess to the buyer or his or her estate.

(e) The seller shall not be entitled to enforce a prepaid contract made in violation of this chapter, but the purchaser, or his or her heirs, or his or her legal representative shall be entitled to recover all amounts paid to the seller under any prepaid contract made in violation of this chapter.

(f) (1) This chapter does not prohibit the assignment or transfer of insurance contracts as consideration for prepaid funeral benefits furnished in accordance with this chapter or the designation of an organization licensed pursuant to this chapter as beneficiary of a funeral expense or other insurance policy. (2) Such an assignment, transfer, or designation shall not be deemed to be a prepaid contract.

(1) This chapter does not prohibit the assignment or transfer of insurance contracts as consideration for prepaid funeral benefits furnished in accordance with this chapter or the designation of an organization licensed pursuant to this chapter as beneficiary of a funeral expense or other insurance policy.

(2) Such an assignment, transfer, or designation shall not be deemed to be a prepaid contract.

(g) The prepaid contract shall contain a provision in substantially the following form: "NOTICE: If this contract is irrevocable and you choose to transfer this contract to a substitute provider, the entire amount of the contract will not be transferred, the seller may collect a fee that includes the cost of transferring the contract, and you may have to pay more to obtain 100% of the services provided for in the contract."

"NOTICE: If this contract is irrevocable and you choose to transfer this contract to a substitute provider, the entire amount of the contract will not be transferred, the seller may collect a fee that includes the cost of transferring the contract, and you may have to pay more to obtain 100% of the services provided for in the contract."

(h) (1) Each seller shall provide advance written notice to the prepaid contract purchaser that the seller intends to procure a single payment whole life insurance policy or annuity on the contract beneficiary to fund the prepaid funeral benefit contract for less money than the total amount of the cash payment if: (A) The prepaid funeral benefits contract was originally intended by the contract purchaser to be fully paid in cash; and (B) The amount of the single premium payment to the insurer by the seller is less than the cash payment provided to the seller by the contract purchaser. (2) (A) Within three (3) business days from the receipt of a notification of death of a contract beneficiary and a request for verification of benefits by an owner, beneficiary, or assignee, or the authorized representative of the owner, beneficiary, or assignee, an insurer shall verify the benefits for a contract beneficiary under a whole life insurance policy or annuity. (B) The verification of benefits under subdivision (h)(2)(A) of this section shall include without limitation: (i) Whether the deceased is a covered person under the policy or annuity; (ii) The death benefit amount under the policy or annuity; and (iii) Whether the policy or annuity is in the contestability period. (C) The commissioner shall promulgate rules regarding verification of benefits under subdivision (h)(2)(A) of this section. (D) The commissioner may impose a fine not to exceed five hundred dollars ($500) for each failure to provide the verification required under this subdivision (h)(2) and not more than five thousand dollars ($5,000) in the aggregate.

(1) Each seller shall provide advance written notice to the prepaid contract purchaser that the seller intends to procure a single payment whole life insurance policy or annuity on the contract beneficiary to fund the prepaid funeral benefit contract for less money than the total amount of the cash payment if: (A) The prepaid funeral benefits contract was originally intended by the contract purchaser to be fully paid in cash; and (B) The amount of the single premium payment to the insurer by the seller is less than the cash payment provided to the seller by the contract purchaser.

(A) The prepaid funeral benefits contract was originally intended by the contract purchaser to be fully paid in cash; and

(B) The amount of the single premium payment to the insurer by the seller is less than the cash payment provided to the seller by the contract purchaser.

(2) (A) Within three (3) business days from the receipt of a notification of death of a contract beneficiary and a request for verification of benefits by an owner, beneficiary, or assignee, or the authorized representative of the owner, beneficiary, or assignee, an insurer shall verify the benefits for a contract beneficiary under a whole life insurance policy or annuity. (B) The verification of benefits under subdivision (h)(2)(A) of this section shall include without limitation: (i) Whether the deceased is a covered person under the policy or annuity; (ii) The death benefit amount under the policy or annuity; and (iii) Whether the policy or annuity is in the contestability period. (C) The commissioner shall promulgate rules regarding verification of benefits under subdivision (h)(2)(A) of this section. (D) The commissioner may impose a fine not to exceed five hundred dollars ($500) for each failure to provide the verification required under this subdivision (h)(2) and not more than five thousand dollars ($5,000) in the aggregate.

(A) Within three (3) business days from the receipt of a notification of death of a contract beneficiary and a request for verification of benefits by an owner, beneficiary, or assignee, or the authorized representative of the owner, beneficiary, or assignee, an insurer shall verify the benefits for a contract beneficiary under a whole life insurance policy or annuity.

(B) The verification of benefits under subdivision (h)(2)(A) of this section shall include without limitation: (i) Whether the deceased is a covered person under the policy or annuity; (ii) The death benefit amount under the policy or annuity; and (iii) Whether the policy or annuity is in the contestability period.

(i) Whether the deceased is a covered person under the policy or annuity;

(ii) The death benefit amount under the policy or annuity; and

(iii) Whether the policy or annuity is in the contestability period.

(C) The commissioner shall promulgate rules regarding verification of benefits under subdivision (h)(2)(A) of this section.

(D) The commissioner may impose a fine not to exceed five hundred dollars ($500) for each failure to provide the verification required under this subdivision (h)(2) and not more than five thousand dollars ($5,000) in the aggregate.

Amended by Act 2019, No. 500,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 880,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 904,§ 5, eff. 4/1/2015.

Amended by Act 2015, No. 904,§ 4, eff. 4/1/2015.

Amended by Act 2015, No. 904,§ 3, eff. 4/1/2015.

Amended by Act 2013, No. 476,§ 3, eff. 8/16/2013.

Acts 1985, No. 156, §§ 2, 4; A.S.A. 1947, §§ 67-1714, 67-1716; Acts 1995, No. 852, §§ 4, 12; 2003, No. 987, § 3[2].
Ark. Code Ann. § 23-19-206 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-206
Video service provider fee - Definitions
Status: in_force

(a) As used in this section: (1) "City subscriber" means a subscriber whose service address is in the jurisdictional limits of a city; (2) "County subscriber" means a subscriber whose service address is outside the jurisdictional limits of a city; (3) (A) "Gross revenue" shall be calculated in accordance with generally accepted accounting principles and means all consideration of any kind or nature, including without limitation cash, credit, property, and in-kind contributions, services, or goods derived by the holder of a certificate of franchise authority from the operation of the video service provider's network to provide video service within the political subdivision. (B) "Gross revenue" includes all consideration paid to the holder of a certificate of franchise authority and its affiliates only to the extent that the holder of a certificate of franchise authority or its affiliates are acting as a provider of video service under this subchapter, which includes the following: (i) All fees charged to subscribers for any video services provided by the holder of a certificate of franchise authority; (ii) Any fee imposed on the holder of a certificate of franchise authority by this subchapter that is passed through and paid by subscribers, including without limitation the video service fee; (iii) Compensation received by the holder of a certificate of franchise authority or its affiliates that is derived from the operation of the holder of a certificate of franchise authority's network to provide video service with respect to commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of certificate of franchise authority's network, including "home shopping" or a similar channel under subdivision (a)(3)(C)(v) of this section; and (iv) A pro rata portion of all revenue derived by the holder of a certificate of franchise authority or its affiliates under compensation arrangements for advertising derived from the operation of the holder of a certificate of franchise authority's network to provide the video service within a political subdivision under subdivision (a)(3)(B)(iii) of this section. The allocation is based on the number of subscribers in the political subdivision divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of video service is gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a certificate of franchise authority has the effect, whether intentional or unintentional, of evading the payment of fees that would otherwise be paid to the political subdivision. In no event shall revenue of an affiliate be gross revenue to the holder of a certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the political subdivision. (C) "Gross revenue" does not include: (i) Any revenue not actually received even if billed, such as bad debt; (ii) Nonvideo service revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a certificate of franchise authority to provide video service; (iii) Refunds, rebates, or discounts made to subscribers, leased-access providers, or a political subdivision; (iv) Any revenues from services classified as nonvideo service under federal law, including without limitation revenue received from telecommunications services, revenue received from information services but not excluding video services, and any other revenues attributed by the holder of a certificate of franchise authority to nonvideo service according to Federal Communications Commission rules, regulations, standards, or orders; (v) Any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the video services but not excluding any commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a certificate of franchise authority's network, such as a "home shopping" or a similar channel; (vi) The sale of video services for resale in which the purchaser is required by this subchapter to collect the fees from the purchaser's customer. This subchapter is not intended to limit state's rights under 47 U.S.C. § 542(h) ; (vii) The provision of video services to customers at no charge, including without limitation the provision of video services to public institutions, public schools, or governmental entities; (viii) Any tax of general applicability imposed upon the holder of a certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a certificate of franchise authority and remitted to the taxing entity, including sales and use tax, gross receipts tax, excise tax, utility users' tax, public service tax, communication taxes, and fees not imposed by this subchapter; (ix) Any foregone revenue from the holder of a certificate of franchise authority's provision of free or reduced cost video services to any person, including without limitation employees of the holder of a certificate of franchise authority, to the political subdivision and other public institutions or other institutions. However, any foregone revenue that the holder of a certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value is included in gross revenue; (x) Sales of capital assets or sales of surplus equipment that are not used by the purchaser to receive video services from the holder of a certificate of franchise authority; (xi) Directory or Internet advertising revenue, including yellow pages, white pages, banner advertisement, and electronic publishing; and (xii) Reimbursement by programmers of marketing costs incurred by the holder of a franchise for the introduction of new programming that exceeds the actual costs; and (4) "Provider's network" means the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used for the transmission of video programming over wireline directly to subscribers within the geographic area within the political subdivision as designated by the provider in its franchise. (b) A video service provider offering video service in a political subdivision under a certificate of franchise authority shall pay to the political subdivision where it provides video service a video service provider fee as may be required by the political subdivision under this section. (c) The video service provider's fee is: (1) Paid to the political subdivision where video service is provided quarterly, forty-five (45) days after the close of each calendar quarter; (2) Computed as a percentage of gross revenue; and (3) Beginning on the first day after the forty-fifth day after the close of the previous calendar quarter, simple interest at a rate equal to that for judgments shall apply to video service provider fee payments past due. (d) The political subdivision shall not require: (1) Except as otherwise provided in this section or § 23-19-205 , any additional fee or charge from the video service provider; or (2) The use of a different calculation method. (e) (1) The video service provider fee is a percentage of gross revenue and determined by the political subdivision. (2) (A) If there is an incumbent video service provider providing video service in the political subdivision, the video service provider shall pay an amount equal to the percentage of gross revenue paid by an incumbent video service provider or five percent (5%), whichever is less. (B) If there is not an incumbent video service provider having a franchise agreement with the political subdivision or if a political subdivision has not previously established and assessed a fee to an incumbent video service provider, the political subdivision may establish the video service provider fee in an amount not in excess of five percent (5%) of the gross revenue. (C) The percentage of gross revenue shall apply equally to all video service providers in the political subdivision, regardless of whether they provide video service under a local franchise or a certificate of franchise authority. However, a fee shall not be imposed on any video service customer except pursuant to a valid franchise or pursuant to a certificate of franchise authority. (f) (1) A political subdivision shall provide ninety (90) days' notice to a video service provider operating in the political subdivision before establishing, increasing, or lowering a video service provider fee. (2) A video service provider fee or a change to the percentage level of an existing fee is not effective until ninety (90) days after the notice required in this subsection is given to the video service provider. (g) Payment of the fees required in this section shall accompany a written report that: (1) Identifies the amount of gross revenues received from subscribers for the provision of video service to subscribers; and (2) Allows for a proper compliance review by the political subdivision. (h) (1) A political subdivision may conduct an audit of a video service provider to ensure proper and accurate payment of the video service provider fee. (2) To conduct an audit, the political subdivision shall: (A) Provide reasonable advance written notice; (B) Audit the video service provider not more than one (1) time in a calendar year; and (C) At its discretion, review the books and records at the location in the jurisdiction where the books and records are kept or consent to review copies of the books and records provided electronically. (3) The political subdivision and the video service provider are responsible for their respective costs of the audit. (i) Payment of an undisputed amount or refund due to the political subdivision or the video service provider is required within sixty (60) days after it is recognized, plus the interest as computed on civil judgments. (j) The video service provider shall keep business records showing any gross revenue, even if there is a change in ownership, for at least three (3) years after the revenue is recognized by the video service provider in its books and records. (k) A video service provider may identify and collect the amount of the video service provider fee as a separate line item on the regular bill of each subscriber. (l) (1) Any city annexing lands shall notify a video service provider in writing of any such annexation, including a description of the territory annexed. (2) Beginning the first day of the calendar quarter occurring after the video service provider has received at least ninety (90) days' notice of annexation of customers into the city's corporate limits, subscribers within the annexed territory shall be considered city subscribers for purposes of this section. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

(a) As used in this section: (1) "City subscriber" means a subscriber whose service address is in the jurisdictional limits of a city; (2) "County subscriber" means a subscriber whose service address is outside the jurisdictional limits of a city; (3) (A) "Gross revenue" shall be calculated in accordance with generally accepted accounting principles and means all consideration of any kind or nature, including without limitation cash, credit, property, and in-kind contributions, services, or goods derived by the holder of a certificate of franchise authority from the operation of the video service provider's network to provide video service within the political subdivision. (B) "Gross revenue" includes all consideration paid to the holder of a certificate of franchise authority and its affiliates only to the extent that the holder of a certificate of franchise authority or its affiliates are acting as a provider of video service under this subchapter, which includes the following: (i) All fees charged to subscribers for any video services provided by the holder of a certificate of franchise authority; (ii) Any fee imposed on the holder of a certificate of franchise authority by this subchapter that is passed through and paid by subscribers, including without limitation the video service fee; (iii) Compensation received by the holder of a certificate of franchise authority or its affiliates that is derived from the operation of the holder of a certificate of franchise authority's network to provide video service with respect to commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of certificate of franchise authority's network, including "home shopping" or a similar channel under subdivision (a)(3)(C)(v) of this section; and (iv) A pro rata portion of all revenue derived by the holder of a certificate of franchise authority or its affiliates under compensation arrangements for advertising derived from the operation of the holder of a certificate of franchise authority's network to provide the video service within a political subdivision under subdivision (a)(3)(B)(iii) of this section. The allocation is based on the number of subscribers in the political subdivision divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of video service is gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a certificate of franchise authority has the effect, whether intentional or unintentional, of evading the payment of fees that would otherwise be paid to the political subdivision. In no event shall revenue of an affiliate be gross revenue to the holder of a certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the political subdivision. (C) "Gross revenue" does not include: (i) Any revenue not actually received even if billed, such as bad debt; (ii) Nonvideo service revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a certificate of franchise authority to provide video service; (iii) Refunds, rebates, or discounts made to subscribers, leased-access providers, or a political subdivision; (iv) Any revenues from services classified as nonvideo service under federal law, including without limitation revenue received from telecommunications services, revenue received from information services but not excluding video services, and any other revenues attributed by the holder of a certificate of franchise authority to nonvideo service according to Federal Communications Commission rules, regulations, standards, or orders; (v) Any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the video services but not excluding any commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a certificate of franchise authority's network, such as a "home shopping" or a similar channel; (vi) The sale of video services for resale in which the purchaser is required by this subchapter to collect the fees from the purchaser's customer. This subchapter is not intended to limit state's rights under 47 U.S.C. § 542(h) ; (vii) The provision of video services to customers at no charge, including without limitation the provision of video services to public institutions, public schools, or governmental entities; (viii) Any tax of general applicability imposed upon the holder of a certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a certificate of franchise authority and remitted to the taxing entity, including sales and use tax, gross receipts tax, excise tax, utility users' tax, public service tax, communication taxes, and fees not imposed by this subchapter; (ix) Any foregone revenue from the holder of a certificate of franchise authority's provision of free or reduced cost video services to any person, including without limitation employees of the holder of a certificate of franchise authority, to the political subdivision and other public institutions or other institutions. However, any foregone revenue that the holder of a certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value is included in gross revenue; (x) Sales of capital assets or sales of surplus equipment that are not used by the purchaser to receive video services from the holder of a certificate of franchise authority; (xi) Directory or Internet advertising revenue, including yellow pages, white pages, banner advertisement, and electronic publishing; and (xii) Reimbursement by programmers of marketing costs incurred by the holder of a franchise for the introduction of new programming that exceeds the actual costs; and (4) "Provider's network" means the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used for the transmission of video programming over wireline directly to subscribers within the geographic area within the political subdivision as designated by the provider in its franchise.

(1) "City subscriber" means a subscriber whose service address is in the jurisdictional limits of a city;

(2) "County subscriber" means a subscriber whose service address is outside the jurisdictional limits of a city;

(3) (A) "Gross revenue" shall be calculated in accordance with generally accepted accounting principles and means all consideration of any kind or nature, including without limitation cash, credit, property, and in-kind contributions, services, or goods derived by the holder of a certificate of franchise authority from the operation of the video service provider's network to provide video service within the political subdivision. (B) "Gross revenue" includes all consideration paid to the holder of a certificate of franchise authority and its affiliates only to the extent that the holder of a certificate of franchise authority or its affiliates are acting as a provider of video service under this subchapter, which includes the following: (i) All fees charged to subscribers for any video services provided by the holder of a certificate of franchise authority; (ii) Any fee imposed on the holder of a certificate of franchise authority by this subchapter that is passed through and paid by subscribers, including without limitation the video service fee; (iii) Compensation received by the holder of a certificate of franchise authority or its affiliates that is derived from the operation of the holder of a certificate of franchise authority's network to provide video service with respect to commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of certificate of franchise authority's network, including "home shopping" or a similar channel under subdivision (a)(3)(C)(v) of this section; and (iv) A pro rata portion of all revenue derived by the holder of a certificate of franchise authority or its affiliates under compensation arrangements for advertising derived from the operation of the holder of a certificate of franchise authority's network to provide the video service within a political subdivision under subdivision (a)(3)(B)(iii) of this section. The allocation is based on the number of subscribers in the political subdivision divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of video service is gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a certificate of franchise authority has the effect, whether intentional or unintentional, of evading the payment of fees that would otherwise be paid to the political subdivision. In no event shall revenue of an affiliate be gross revenue to the holder of a certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the political subdivision. (C) "Gross revenue" does not include: (i) Any revenue not actually received even if billed, such as bad debt; (ii) Nonvideo service revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a certificate of franchise authority to provide video service; (iii) Refunds, rebates, or discounts made to subscribers, leased-access providers, or a political subdivision; (iv) Any revenues from services classified as nonvideo service under federal law, including without limitation revenue received from telecommunications services, revenue received from information services but not excluding video services, and any other revenues attributed by the holder of a certificate of franchise authority to nonvideo service according to Federal Communications Commission rules, regulations, standards, or orders; (v) Any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the video services but not excluding any commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a certificate of franchise authority's network, such as a "home shopping" or a similar channel; (vi) The sale of video services for resale in which the purchaser is required by this subchapter to collect the fees from the purchaser's customer. This subchapter is not intended to limit state's rights under 47 U.S.C. § 542(h) ; (vii) The provision of video services to customers at no charge, including without limitation the provision of video services to public institutions, public schools, or governmental entities; (viii) Any tax of general applicability imposed upon the holder of a certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a certificate of franchise authority and remitted to the taxing entity, including sales and use tax, gross receipts tax, excise tax, utility users' tax, public service tax, communication taxes, and fees not imposed by this subchapter; (ix) Any foregone revenue from the holder of a certificate of franchise authority's provision of free or reduced cost video services to any person, including without limitation employees of the holder of a certificate of franchise authority, to the political subdivision and other public institutions or other institutions. However, any foregone revenue that the holder of a certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value is included in gross revenue; (x) Sales of capital assets or sales of surplus equipment that are not used by the purchaser to receive video services from the holder of a certificate of franchise authority; (xi) Directory or Internet advertising revenue, including yellow pages, white pages, banner advertisement, and electronic publishing; and (xii) Reimbursement by programmers of marketing costs incurred by the holder of a franchise for the introduction of new programming that exceeds the actual costs; and

(A) "Gross revenue" shall be calculated in accordance with generally accepted accounting principles and means all consideration of any kind or nature, including without limitation cash, credit, property, and in-kind contributions, services, or goods derived by the holder of a certificate of franchise authority from the operation of the video service provider's network to provide video service within the political subdivision.

(B) "Gross revenue" includes all consideration paid to the holder of a certificate of franchise authority and its affiliates only to the extent that the holder of a certificate of franchise authority or its affiliates are acting as a provider of video service under this subchapter, which includes the following: (i) All fees charged to subscribers for any video services provided by the holder of a certificate of franchise authority; (ii) Any fee imposed on the holder of a certificate of franchise authority by this subchapter that is passed through and paid by subscribers, including without limitation the video service fee; (iii) Compensation received by the holder of a certificate of franchise authority or its affiliates that is derived from the operation of the holder of a certificate of franchise authority's network to provide video service with respect to commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of certificate of franchise authority's network, including "home shopping" or a similar channel under subdivision (a)(3)(C)(v) of this section; and (iv) A pro rata portion of all revenue derived by the holder of a certificate of franchise authority or its affiliates under compensation arrangements for advertising derived from the operation of the holder of a certificate of franchise authority's network to provide the video service within a political subdivision under subdivision (a)(3)(B)(iii) of this section. The allocation is based on the number of subscribers in the political subdivision divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of video service is gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a certificate of franchise authority has the effect, whether intentional or unintentional, of evading the payment of fees that would otherwise be paid to the political subdivision. In no event shall revenue of an affiliate be gross revenue to the holder of a certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the political subdivision.

(i) All fees charged to subscribers for any video services provided by the holder of a certificate of franchise authority;

(ii) Any fee imposed on the holder of a certificate of franchise authority by this subchapter that is passed through and paid by subscribers, including without limitation the video service fee;

(iii) Compensation received by the holder of a certificate of franchise authority or its affiliates that is derived from the operation of the holder of a certificate of franchise authority's network to provide video service with respect to commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of certificate of franchise authority's network, including "home shopping" or a similar channel under subdivision (a)(3)(C)(v) of this section; and

(iv) A pro rata portion of all revenue derived by the holder of a certificate of franchise authority or its affiliates under compensation arrangements for advertising derived from the operation of the holder of a certificate of franchise authority's network to provide the video service within a political subdivision under subdivision (a)(3)(B)(iii) of this section. The allocation is based on the number of subscribers in the political subdivision divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of video service is gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a certificate of franchise authority has the effect, whether intentional or unintentional, of evading the payment of fees that would otherwise be paid to the political subdivision. In no event shall revenue of an affiliate be gross revenue to the holder of a certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the political subdivision.

(C) "Gross revenue" does not include: (i) Any revenue not actually received even if billed, such as bad debt; (ii) Nonvideo service revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a certificate of franchise authority to provide video service; (iii) Refunds, rebates, or discounts made to subscribers, leased-access providers, or a political subdivision; (iv) Any revenues from services classified as nonvideo service under federal law, including without limitation revenue received from telecommunications services, revenue received from information services but not excluding video services, and any other revenues attributed by the holder of a certificate of franchise authority to nonvideo service according to Federal Communications Commission rules, regulations, standards, or orders; (v) Any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the video services but not excluding any commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a certificate of franchise authority's network, such as a "home shopping" or a similar channel; (vi) The sale of video services for resale in which the purchaser is required by this subchapter to collect the fees from the purchaser's customer. This subchapter is not intended to limit state's rights under 47 U.S.C. § 542(h) ; (vii) The provision of video services to customers at no charge, including without limitation the provision of video services to public institutions, public schools, or governmental entities; (viii) Any tax of general applicability imposed upon the holder of a certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a certificate of franchise authority and remitted to the taxing entity, including sales and use tax, gross receipts tax, excise tax, utility users' tax, public service tax, communication taxes, and fees not imposed by this subchapter; (ix) Any foregone revenue from the holder of a certificate of franchise authority's provision of free or reduced cost video services to any person, including without limitation employees of the holder of a certificate of franchise authority, to the political subdivision and other public institutions or other institutions. However, any foregone revenue that the holder of a certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value is included in gross revenue; (x) Sales of capital assets or sales of surplus equipment that are not used by the purchaser to receive video services from the holder of a certificate of franchise authority; (xi) Directory or Internet advertising revenue, including yellow pages, white pages, banner advertisement, and electronic publishing; and (xii) Reimbursement by programmers of marketing costs incurred by the holder of a franchise for the introduction of new programming that exceeds the actual costs; and

(i) Any revenue not actually received even if billed, such as bad debt;

(ii) Nonvideo service revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a certificate of franchise authority to provide video service;

(iii) Refunds, rebates, or discounts made to subscribers, leased-access providers, or a political subdivision;

(iv) Any revenues from services classified as nonvideo service under federal law, including without limitation revenue received from telecommunications services, revenue received from information services but not excluding video services, and any other revenues attributed by the holder of a certificate of franchise authority to nonvideo service according to Federal Communications Commission rules, regulations, standards, or orders;

(v) Any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the video services but not excluding any commissions that are paid to the holder of a certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a certificate of franchise authority's network, such as a "home shopping" or a similar channel;

(vi) The sale of video services for resale in which the purchaser is required by this subchapter to collect the fees from the purchaser's customer. This subchapter is not intended to limit state's rights under 47 U.S.C. § 542(h) ;

(vii) The provision of video services to customers at no charge, including without limitation the provision of video services to public institutions, public schools, or governmental entities;

(viii) Any tax of general applicability imposed upon the holder of a certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a certificate of franchise authority and remitted to the taxing entity, including sales and use tax, gross receipts tax, excise tax, utility users' tax, public service tax, communication taxes, and fees not imposed by this subchapter;

(ix) Any foregone revenue from the holder of a certificate of franchise authority's provision of free or reduced cost video services to any person, including without limitation employees of the holder of a certificate of franchise authority, to the political subdivision and other public institutions or other institutions. However, any foregone revenue that the holder of a certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value is included in gross revenue;

(x) Sales of capital assets or sales of surplus equipment that are not used by the purchaser to receive video services from the holder of a certificate of franchise authority;

(xi) Directory or Internet advertising revenue, including yellow pages, white pages, banner advertisement, and electronic publishing; and

(xii) Reimbursement by programmers of marketing costs incurred by the holder of a franchise for the introduction of new programming that exceeds the actual costs; and

(4) "Provider's network" means the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used for the transmission of video programming over wireline directly to subscribers within the geographic area within the political subdivision as designated by the provider in its franchise.

(b) A video service provider offering video service in a political subdivision under a certificate of franchise authority shall pay to the political subdivision where it provides video service a video service provider fee as may be required by the political subdivision under this section.

(c) The video service provider's fee is: (1) Paid to the political subdivision where video service is provided quarterly, forty-five (45) days after the close of each calendar quarter; (2) Computed as a percentage of gross revenue; and (3) Beginning on the first day after the forty-fifth day after the close of the previous calendar quarter, simple interest at a rate equal to that for judgments shall apply to video service provider fee payments past due.

(1) Paid to the political subdivision where video service is provided quarterly, forty-five (45) days after the close of each calendar quarter;

(2) Computed as a percentage of gross revenue; and

(3) Beginning on the first day after the forty-fifth day after the close of the previous calendar quarter, simple interest at a rate equal to that for judgments shall apply to video service provider fee payments past due.

(d) The political subdivision shall not require: (1) Except as otherwise provided in this section or § 23-19-205 , any additional fee or charge from the video service provider; or (2) The use of a different calculation method.

(1) Except as otherwise provided in this section or § 23-19-205 , any additional fee or charge from the video service provider; or

(2) The use of a different calculation method.

(e) (1) The video service provider fee is a percentage of gross revenue and determined by the political subdivision. (2) (A) If there is an incumbent video service provider providing video service in the political subdivision, the video service provider shall pay an amount equal to the percentage of gross revenue paid by an incumbent video service provider or five percent (5%), whichever is less. (B) If there is not an incumbent video service provider having a franchise agreement with the political subdivision or if a political subdivision has not previously established and assessed a fee to an incumbent video service provider, the political subdivision may establish the video service provider fee in an amount not in excess of five percent (5%) of the gross revenue. (C) The percentage of gross revenue shall apply equally to all video service providers in the political subdivision, regardless of whether they provide video service under a local franchise or a certificate of franchise authority. However, a fee shall not be imposed on any video service customer except pursuant to a valid franchise or pursuant to a certificate of franchise authority.

(1) The video service provider fee is a percentage of gross revenue and determined by the political subdivision.

(2) (A) If there is an incumbent video service provider providing video service in the political subdivision, the video service provider shall pay an amount equal to the percentage of gross revenue paid by an incumbent video service provider or five percent (5%), whichever is less. (B) If there is not an incumbent video service provider having a franchise agreement with the political subdivision or if a political subdivision has not previously established and assessed a fee to an incumbent video service provider, the political subdivision may establish the video service provider fee in an amount not in excess of five percent (5%) of the gross revenue. (C) The percentage of gross revenue shall apply equally to all video service providers in the political subdivision, regardless of whether they provide video service under a local franchise or a certificate of franchise authority. However, a fee shall not be imposed on any video service customer except pursuant to a valid franchise or pursuant to a certificate of franchise authority.

(A) If there is an incumbent video service provider providing video service in the political subdivision, the video service provider shall pay an amount equal to the percentage of gross revenue paid by an incumbent video service provider or five percent (5%), whichever is less.

(B) If there is not an incumbent video service provider having a franchise agreement with the political subdivision or if a political subdivision has not previously established and assessed a fee to an incumbent video service provider, the political subdivision may establish the video service provider fee in an amount not in excess of five percent (5%) of the gross revenue.

(C) The percentage of gross revenue shall apply equally to all video service providers in the political subdivision, regardless of whether they provide video service under a local franchise or a certificate of franchise authority. However, a fee shall not be imposed on any video service customer except pursuant to a valid franchise or pursuant to a certificate of franchise authority.

(f) (1) A political subdivision shall provide ninety (90) days' notice to a video service provider operating in the political subdivision before establishing, increasing, or lowering a video service provider fee. (2) A video service provider fee or a change to the percentage level of an existing fee is not effective until ninety (90) days after the notice required in this subsection is given to the video service provider.

(1) A political subdivision shall provide ninety (90) days' notice to a video service provider operating in the political subdivision before establishing, increasing, or lowering a video service provider fee.

(2) A video service provider fee or a change to the percentage level of an existing fee is not effective until ninety (90) days after the notice required in this subsection is given to the video service provider.

(g) Payment of the fees required in this section shall accompany a written report that: (1) Identifies the amount of gross revenues received from subscribers for the provision of video service to subscribers; and (2) Allows for a proper compliance review by the political subdivision.

(1) Identifies the amount of gross revenues received from subscribers for the provision of video service to subscribers; and

(2) Allows for a proper compliance review by the political subdivision.

(h) (1) A political subdivision may conduct an audit of a video service provider to ensure proper and accurate payment of the video service provider fee. (2) To conduct an audit, the political subdivision shall: (A) Provide reasonable advance written notice; (B) Audit the video service provider not more than one (1) time in a calendar year; and (C) At its discretion, review the books and records at the location in the jurisdiction where the books and records are kept or consent to review copies of the books and records provided electronically. (3) The political subdivision and the video service provider are responsible for their respective costs of the audit.

(1) A political subdivision may conduct an audit of a video service provider to ensure proper and accurate payment of the video service provider fee.

(2) To conduct an audit, the political subdivision shall: (A) Provide reasonable advance written notice; (B) Audit the video service provider not more than one (1) time in a calendar year; and (C) At its discretion, review the books and records at the location in the jurisdiction where the books and records are kept or consent to review copies of the books and records provided electronically.

(A) Provide reasonable advance written notice;

(B) Audit the video service provider not more than one (1) time in a calendar year; and

(C) At its discretion, review the books and records at the location in the jurisdiction where the books and records are kept or consent to review copies of the books and records provided electronically.

(3) The political subdivision and the video service provider are responsible for their respective costs of the audit.

(i) Payment of an undisputed amount or refund due to the political subdivision or the video service provider is required within sixty (60) days after it is recognized, plus the interest as computed on civil judgments.

(j) The video service provider shall keep business records showing any gross revenue, even if there is a change in ownership, for at least three (3) years after the revenue is recognized by the video service provider in its books and records.

(k) A video service provider may identify and collect the amount of the video service provider fee as a separate line item on the regular bill of each subscriber.

(l) (1) Any city annexing lands shall notify a video service provider in writing of any such annexation, including a description of the territory annexed. (2) Beginning the first day of the calendar quarter occurring after the video service provider has received at least ninety (90) days' notice of annexation of customers into the city's corporate limits, subscribers within the annexed territory shall be considered city subscribers for purposes of this section.

(1) Any city annexing lands shall notify a video service provider in writing of any such annexation, including a description of the territory annexed.

(2) Beginning the first day of the calendar quarter occurring after the video service provider has received at least ninety (90) days' notice of annexation of customers into the city's corporate limits, subscribers within the annexed territory shall be considered city subscribers for purposes of this section.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Ark. Code Ann. § 23-96-114 — AR Code / Title 23 / Chapter 96 / Section 23-96-114
Liability for benefits - Assignment or subrogation of rights - Definition
Status: in_force

(a) The benefits that the Arkansas Life and Health Insurance Guaranty Association may become obligated to cover shall in no event exceed the lesser of: (1) The contractual obligations for which the member insurer is liable or would have been liable if it were not an impaired insurer or insolvent insurer; or (2) With respect to: (A) Any one (1) life, regardless of the number of policies or contracts: (i) Three hundred thousand dollars ($300,000) in life insurance death benefits or net cash surrender and net cash withdrawal values for life insurance; (ii) Five hundred thousand dollars ($500,000) in health benefit plan benefits and five hundred thousand dollars ($500,000) in health benefits for coverages not defined as health benefit plans, including any net cash surrender and net cash withdrawal values, provided coverage for disability income insurance benefits and long-term care insurance benefits shall not exceed three hundred thousand dollars ($300,000); or (iii) Three hundred thousand dollars ($300,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values; (B) Each individual participating in a governmental retirement benefit plan established under section 401(k), section 403(b), or section 457 of the Internal Revenue Code covered by an unallocated annuity contract or the beneficiaries of each such individual if deceased, in the aggregate three hundred thousand dollars ($300,000) in present value annuity benefits, including net cash surrender and net cash withdrawal values; or (C) Each payee of a structured settlement annuity or beneficiary or beneficiaries of the payee if deceased, three hundred thousand dollars ($300,000) in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any. (b) (1) Provided, however, that in no event shall the association be obligated to cover more than: (A) Three hundred thousand dollars ($300,000) in benefits in the aggregate with respect to any one (1) life under this section and §§ 23-96-106 and 23-96-107 except with respect to benefits for health benefit plans under subdivision (a)(2)(A)(ii) of this section, in which case the aggregate liability of the association shall not exceed five hundred thousand dollars ($500,000) with respect to any one (1) individual; or (B) With respect to one (1) owner of multiple nongroup policies of life insurance, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than one million dollars ($1,000,000) in benefits, regardless of the number of policies and contracts held by the owner; (2) (A) With respect to either: (i) One (1) contract owner provided coverage under § 23-96-107(a)(3)(B) ; or (ii) One (1) plan sponsor whose plans own directly or in trust one (1) or more unallocated annuity contracts not included in subdivision (a)(2)(B) of this section, one million dollars ($1,000,000) in benefits, irrespective of the number of contracts with respect to the contract owner or plan sponsor. (B) However, in the case in which one (1) or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two (2) or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state, and in no event shall the association be obligated to cover more than one million dollars ($1,000,000) in benefits with respect to all of these unallocated contracts. (3) (A) The limitations stated in this subsection are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired insurer or insolvent insurer attributable to covered policies. (B) The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association under its subrogation and assignment rights. (4) For purposes of this chapter, benefits provided by a long-term care rider to a life insurance policy or annuity contract shall be considered the same type of benefits as the base life insurance policy or annuity contract to which it relates. (5) In performing its obligations to provide coverage under § 23-96-111 , the association shall not be required to guarantee, assume, reinsure, reissue, or perform, or cause to be guaranteed, assumed, reinsured, reissued, or performed, the contractual obligations of the insolvent insurer or impaired insurer under a covered policy or covered contract that do not materially affect the economic values or economic benefits of the covered policy or covered contract. (c) (1) (A) A person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or covered contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative policies, contracts, or coverages. (B) The association may require an assignment to it of the rights and cause of action by any enrollee, payee, policy owner, or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any right or benefits conferred by this chapter upon such person. (2) The subrogation rights of the association under this subsection shall have the same priority against the assets of the impaired insurer or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter. (3) In addition to subdivisions (c)(1) and (2) of this section, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired insurer or insolvent insurer or owner, beneficiary, enrollee, or payee of a policy or contract with respect to the policy or contracts. (4) If the preceding provisions of this subsection are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies or contracts, or portion thereof, covered by the association. (5) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in subdivisions (c)(1)-(4) of this section, the person shall pay to the association the portion of the recovery attributable to the policies or contracts, or portion thereof, covered by the association. (d) (1) (A) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired insurer or insolvent insurer to the extent of assets attributable to covered policies or contracts reduced by any amounts to which the association is entitled as subrogee under subsection (c) of this section. (B) Assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts shall be used to continue all covered policies and pay all contractual obligations of the impaired insurer or insolvent insurer as required by this chapter. (2) As used in this subsection, "assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts" means that proportion of the assets which the reserves that should have been established for such policies or contracts bear to the reserves that should have been established for all policies of insurance or health benefit plans written by the impaired insurer or insolvent insurer. (e) (1) As a creditor of the impaired insurer or insolvent insurer as established in subsection (d) of this section and consistent with § 23-68-126 , the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available, to reimburse it, as a credit against contractual obligations under this chapter. (2) If the liquidator has not, within one hundred twenty (120) days of a final determination of insolvency of a member insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets. (f) It is the intent of the General Assembly that the coverage provided through the association for any annuity contract executed under § 11-9-210 shall be the lesser of the contractual obligations of the insurer or one hundred thousand dollars ($100,000) in the present value of annuity benefits including net cash surrender and net cash withdrawal values as provided in subsection (a) of this section. (g) It is the intent of the General Assembly that coverage provided by the association for annuity contracts executed under § 11-9-210 shall not be affected by the fact that the annuity payments are sent to the Workers' Compensation Commission for distribution to the claimants and beneficiaries, and that any funds provided by the association for payment to claimants or beneficiaries for whom annuity contracts are executed under § 11-9-210 shall be sent to the commission for distribution to claimants or beneficiaries. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 456,§ 5, eff. 8/16/2013. Acts 1989, No. 444, §§ 3, 8, 14; 1991, No. 651, § 2; 1997, No. 950, § 1; 2001, No. 1603, §§ 60-62; 2001, No. 1604, § 123.

(a) The benefits that the Arkansas Life and Health Insurance Guaranty Association may become obligated to cover shall in no event exceed the lesser of: (1) The contractual obligations for which the member insurer is liable or would have been liable if it were not an impaired insurer or insolvent insurer; or (2) With respect to: (A) Any one (1) life, regardless of the number of policies or contracts: (i) Three hundred thousand dollars ($300,000) in life insurance death benefits or net cash surrender and net cash withdrawal values for life insurance; (ii) Five hundred thousand dollars ($500,000) in health benefit plan benefits and five hundred thousand dollars ($500,000) in health benefits for coverages not defined as health benefit plans, including any net cash surrender and net cash withdrawal values, provided coverage for disability income insurance benefits and long-term care insurance benefits shall not exceed three hundred thousand dollars ($300,000); or (iii) Three hundred thousand dollars ($300,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values; (B) Each individual participating in a governmental retirement benefit plan established under section 401(k), section 403(b), or section 457 of the Internal Revenue Code covered by an unallocated annuity contract or the beneficiaries of each such individual if deceased, in the aggregate three hundred thousand dollars ($300,000) in present value annuity benefits, including net cash surrender and net cash withdrawal values; or (C) Each payee of a structured settlement annuity or beneficiary or beneficiaries of the payee if deceased, three hundred thousand dollars ($300,000) in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any.

(1) The contractual obligations for which the member insurer is liable or would have been liable if it were not an impaired insurer or insolvent insurer; or

(2) With respect to: (A) Any one (1) life, regardless of the number of policies or contracts: (i) Three hundred thousand dollars ($300,000) in life insurance death benefits or net cash surrender and net cash withdrawal values for life insurance; (ii) Five hundred thousand dollars ($500,000) in health benefit plan benefits and five hundred thousand dollars ($500,000) in health benefits for coverages not defined as health benefit plans, including any net cash surrender and net cash withdrawal values, provided coverage for disability income insurance benefits and long-term care insurance benefits shall not exceed three hundred thousand dollars ($300,000); or (iii) Three hundred thousand dollars ($300,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values; (B) Each individual participating in a governmental retirement benefit plan established under section 401(k), section 403(b), or section 457 of the Internal Revenue Code covered by an unallocated annuity contract or the beneficiaries of each such individual if deceased, in the aggregate three hundred thousand dollars ($300,000) in present value annuity benefits, including net cash surrender and net cash withdrawal values; or (C) Each payee of a structured settlement annuity or beneficiary or beneficiaries of the payee if deceased, three hundred thousand dollars ($300,000) in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any.

(A) Any one (1) life, regardless of the number of policies or contracts: (i) Three hundred thousand dollars ($300,000) in life insurance death benefits or net cash surrender and net cash withdrawal values for life insurance; (ii) Five hundred thousand dollars ($500,000) in health benefit plan benefits and five hundred thousand dollars ($500,000) in health benefits for coverages not defined as health benefit plans, including any net cash surrender and net cash withdrawal values, provided coverage for disability income insurance benefits and long-term care insurance benefits shall not exceed three hundred thousand dollars ($300,000); or (iii) Three hundred thousand dollars ($300,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values;

(i) Three hundred thousand dollars ($300,000) in life insurance death benefits or net cash surrender and net cash withdrawal values for life insurance;

(ii) Five hundred thousand dollars ($500,000) in health benefit plan benefits and five hundred thousand dollars ($500,000) in health benefits for coverages not defined as health benefit plans, including any net cash surrender and net cash withdrawal values, provided coverage for disability income insurance benefits and long-term care insurance benefits shall not exceed three hundred thousand dollars ($300,000); or

(iii) Three hundred thousand dollars ($300,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values;

(B) Each individual participating in a governmental retirement benefit plan established under section 401(k), section 403(b), or section 457 of the Internal Revenue Code covered by an unallocated annuity contract or the beneficiaries of each such individual if deceased, in the aggregate three hundred thousand dollars ($300,000) in present value annuity benefits, including net cash surrender and net cash withdrawal values; or

(C) Each payee of a structured settlement annuity or beneficiary or beneficiaries of the payee if deceased, three hundred thousand dollars ($300,000) in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any.

(b) (1) Provided, however, that in no event shall the association be obligated to cover more than: (A) Three hundred thousand dollars ($300,000) in benefits in the aggregate with respect to any one (1) life under this section and §§ 23-96-106 and 23-96-107 except with respect to benefits for health benefit plans under subdivision (a)(2)(A)(ii) of this section, in which case the aggregate liability of the association shall not exceed five hundred thousand dollars ($500,000) with respect to any one (1) individual; or (B) With respect to one (1) owner of multiple nongroup policies of life insurance, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than one million dollars ($1,000,000) in benefits, regardless of the number of policies and contracts held by the owner; (2) (A) With respect to either: (i) One (1) contract owner provided coverage under § 23-96-107(a)(3)(B) ; or (ii) One (1) plan sponsor whose plans own directly or in trust one (1) or more unallocated annuity contracts not included in subdivision (a)(2)(B) of this section, one million dollars ($1,000,000) in benefits, irrespective of the number of contracts with respect to the contract owner or plan sponsor. (B) However, in the case in which one (1) or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two (2) or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state, and in no event shall the association be obligated to cover more than one million dollars ($1,000,000) in benefits with respect to all of these unallocated contracts. (3) (A) The limitations stated in this subsection are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired insurer or insolvent insurer attributable to covered policies. (B) The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association under its subrogation and assignment rights. (4) For purposes of this chapter, benefits provided by a long-term care rider to a life insurance policy or annuity contract shall be considered the same type of benefits as the base life insurance policy or annuity contract to which it relates. (5) In performing its obligations to provide coverage under § 23-96-111 , the association shall not be required to guarantee, assume, reinsure, reissue, or perform, or cause to be guaranteed, assumed, reinsured, reissued, or performed, the contractual obligations of the insolvent insurer or impaired insurer under a covered policy or covered contract that do not materially affect the economic values or economic benefits of the covered policy or covered contract.

(1) Provided, however, that in no event shall the association be obligated to cover more than: (A) Three hundred thousand dollars ($300,000) in benefits in the aggregate with respect to any one (1) life under this section and §§ 23-96-106 and 23-96-107 except with respect to benefits for health benefit plans under subdivision (a)(2)(A)(ii) of this section, in which case the aggregate liability of the association shall not exceed five hundred thousand dollars ($500,000) with respect to any one (1) individual; or (B) With respect to one (1) owner of multiple nongroup policies of life insurance, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than one million dollars ($1,000,000) in benefits, regardless of the number of policies and contracts held by the owner;

(A) Three hundred thousand dollars ($300,000) in benefits in the aggregate with respect to any one (1) life under this section and §§ 23-96-106 and 23-96-107 except with respect to benefits for health benefit plans under subdivision (a)(2)(A)(ii) of this section, in which case the aggregate liability of the association shall not exceed five hundred thousand dollars ($500,000) with respect to any one (1) individual; or

(B) With respect to one (1) owner of multiple nongroup policies of life insurance, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than one million dollars ($1,000,000) in benefits, regardless of the number of policies and contracts held by the owner;

(2) (A) With respect to either: (i) One (1) contract owner provided coverage under § 23-96-107(a)(3)(B) ; or (ii) One (1) plan sponsor whose plans own directly or in trust one (1) or more unallocated annuity contracts not included in subdivision (a)(2)(B) of this section, one million dollars ($1,000,000) in benefits, irrespective of the number of contracts with respect to the contract owner or plan sponsor. (B) However, in the case in which one (1) or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two (2) or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state, and in no event shall the association be obligated to cover more than one million dollars ($1,000,000) in benefits with respect to all of these unallocated contracts.

(A) With respect to either: (i) One (1) contract owner provided coverage under § 23-96-107(a)(3)(B) ; or (ii) One (1) plan sponsor whose plans own directly or in trust one (1) or more unallocated annuity contracts not included in subdivision (a)(2)(B) of this section, one million dollars ($1,000,000) in benefits, irrespective of the number of contracts with respect to the contract owner or plan sponsor.

(i) One (1) contract owner provided coverage under § 23-96-107(a)(3)(B) ; or

(ii) One (1) plan sponsor whose plans own directly or in trust one (1) or more unallocated annuity contracts not included in subdivision (a)(2)(B) of this section, one million dollars ($1,000,000) in benefits, irrespective of the number of contracts with respect to the contract owner or plan sponsor.

(B) However, in the case in which one (1) or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two (2) or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state, and in no event shall the association be obligated to cover more than one million dollars ($1,000,000) in benefits with respect to all of these unallocated contracts.

(3) (A) The limitations stated in this subsection are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired insurer or insolvent insurer attributable to covered policies. (B) The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association under its subrogation and assignment rights.

(A) The limitations stated in this subsection are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired insurer or insolvent insurer attributable to covered policies.

(B) The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association under its subrogation and assignment rights.

(4) For purposes of this chapter, benefits provided by a long-term care rider to a life insurance policy or annuity contract shall be considered the same type of benefits as the base life insurance policy or annuity contract to which it relates.

(5) In performing its obligations to provide coverage under § 23-96-111 , the association shall not be required to guarantee, assume, reinsure, reissue, or perform, or cause to be guaranteed, assumed, reinsured, reissued, or performed, the contractual obligations of the insolvent insurer or impaired insurer under a covered policy or covered contract that do not materially affect the economic values or economic benefits of the covered policy or covered contract.

(c) (1) (A) A person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or covered contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative policies, contracts, or coverages. (B) The association may require an assignment to it of the rights and cause of action by any enrollee, payee, policy owner, or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any right or benefits conferred by this chapter upon such person. (2) The subrogation rights of the association under this subsection shall have the same priority against the assets of the impaired insurer or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter. (3) In addition to subdivisions (c)(1) and (2) of this section, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired insurer or insolvent insurer or owner, beneficiary, enrollee, or payee of a policy or contract with respect to the policy or contracts. (4) If the preceding provisions of this subsection are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies or contracts, or portion thereof, covered by the association. (5) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in subdivisions (c)(1)-(4) of this section, the person shall pay to the association the portion of the recovery attributable to the policies or contracts, or portion thereof, covered by the association.

(1) (A) A person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or covered contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative policies, contracts, or coverages. (B) The association may require an assignment to it of the rights and cause of action by any enrollee, payee, policy owner, or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any right or benefits conferred by this chapter upon such person.

(A) A person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or covered contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative policies, contracts, or coverages.

(B) The association may require an assignment to it of the rights and cause of action by any enrollee, payee, policy owner, or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any right or benefits conferred by this chapter upon such person.

(2) The subrogation rights of the association under this subsection shall have the same priority against the assets of the impaired insurer or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter.

(3) In addition to subdivisions (c)(1) and (2) of this section, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired insurer or insolvent insurer or owner, beneficiary, enrollee, or payee of a policy or contract with respect to the policy or contracts.

(4) If the preceding provisions of this subsection are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies or contracts, or portion thereof, covered by the association.

(5) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in subdivisions (c)(1)-(4) of this section, the person shall pay to the association the portion of the recovery attributable to the policies or contracts, or portion thereof, covered by the association.

(d) (1) (A) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired insurer or insolvent insurer to the extent of assets attributable to covered policies or contracts reduced by any amounts to which the association is entitled as subrogee under subsection (c) of this section. (B) Assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts shall be used to continue all covered policies and pay all contractual obligations of the impaired insurer or insolvent insurer as required by this chapter. (2) As used in this subsection, "assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts" means that proportion of the assets which the reserves that should have been established for such policies or contracts bear to the reserves that should have been established for all policies of insurance or health benefit plans written by the impaired insurer or insolvent insurer.

(1) (A) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired insurer or insolvent insurer to the extent of assets attributable to covered policies or contracts reduced by any amounts to which the association is entitled as subrogee under subsection (c) of this section. (B) Assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts shall be used to continue all covered policies and pay all contractual obligations of the impaired insurer or insolvent insurer as required by this chapter.

(A) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired insurer or insolvent insurer to the extent of assets attributable to covered policies or contracts reduced by any amounts to which the association is entitled as subrogee under subsection (c) of this section.

(B) Assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts shall be used to continue all covered policies and pay all contractual obligations of the impaired insurer or insolvent insurer as required by this chapter.

(2) As used in this subsection, "assets of the impaired insurer or insolvent insurer attributable to covered policies or contracts" means that proportion of the assets which the reserves that should have been established for such policies or contracts bear to the reserves that should have been established for all policies of insurance or health benefit plans written by the impaired insurer or insolvent insurer.

(e) (1) As a creditor of the impaired insurer or insolvent insurer as established in subsection (d) of this section and consistent with § 23-68-126 , the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available, to reimburse it, as a credit against contractual obligations under this chapter. (2) If the liquidator has not, within one hundred twenty (120) days of a final determination of insolvency of a member insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets.

(1) As a creditor of the impaired insurer or insolvent insurer as established in subsection (d) of this section and consistent with § 23-68-126 , the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available, to reimburse it, as a credit against contractual obligations under this chapter.

(2) If the liquidator has not, within one hundred twenty (120) days of a final determination of insolvency of a member insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets.

(f) It is the intent of the General Assembly that the coverage provided through the association for any annuity contract executed under § 11-9-210 shall be the lesser of the contractual obligations of the insurer or one hundred thousand dollars ($100,000) in the present value of annuity benefits including net cash surrender and net cash withdrawal values as provided in subsection (a) of this section.

(g) It is the intent of the General Assembly that coverage provided by the association for annuity contracts executed under § 11-9-210 shall not be affected by the fact that the annuity payments are sent to the Workers' Compensation Commission for distribution to the claimants and beneficiaries, and that any funds provided by the association for payment to claimants or beneficiaries for whom annuity contracts are executed under § 11-9-210 shall be sent to the commission for distribution to claimants or beneficiaries.

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

Amended by Act 2013, No. 456,§ 5, eff. 8/16/2013.

Acts 1989, No. 444, §§ 3, 8, 14; 1991, No. 651, § 2; 1997, No. 950, § 1; 2001, No. 1603, §§ 60-62; 2001, No. 1604, § 123.
Ark. Code Ann. § 23-47-305 — AR Code / Title 23 / Chapter 47 / Subchapter 3 / Section 23-47-305
Payment to designated agent
Status: in_force

On request of an agent under an agency designation for an account, a bank may, unless it actually knows that the authority of agency has terminated, pay to the agent sums on deposit in the account. Acts 1997, No. 89, § 1.

On request of an agent under an agency designation for an account, a bank may, unless it actually knows that the authority of agency has terminated, pay to the agent sums on deposit in the account.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-78-103 — AR Code / Title 23 / Chapter 78 / Section 23-78-103
Chapter exclusive authority
Status: in_force

(a) This chapter shall be deemed and held exclusive authority for the organization and operation of burial associations within this state, and the associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character. (b) However, this chapter shall not affect the validity of any membership certificate of any burial association issued and outstanding under the provisions of any prior law. Acts 1953, No. 91, § 22; A.S.A. 1947, § 66-1822.

(a) This chapter shall be deemed and held exclusive authority for the organization and operation of burial associations within this state, and the associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character.

(b) However, this chapter shall not affect the validity of any membership certificate of any burial association issued and outstanding under the provisions of any prior law.

Acts 1953, No. 91, § 22; A.S.A. 1947, § 66-1822.
Ark. Code Ann. § 23-13-217 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-217
Enforcement officers
Status: in_force

(a) The State Highway Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of this subchapter. (b) The enforcement officers shall have authority to enforce § 27-50-308 and the Omnibus DWI or BWI Act, § 5-65-101 et seq., and shall have authority to make arrests for violation of any of the provisions of this subchapter, orders, rules, and regulations of the commission and to serve any notice, order, or subpoena issued by any court, the commission, its secretary, or any employee authorized to issue same, and to this end shall have full authority with jurisdiction within the entire State of Arkansas. (c) (1) For the purpose of determining whether any motor vehicle or the operator of that vehicle is in compliance with the rules and regulations of the commission with respect to safety of operations and equipment or any other provision of this chapter, provided the operator is engaged in intrastate or interstate movements on the highways, roads, and streets of this state and the operator or vehicle is subject to the rules and regulations, the enforcement officers shall be authorized to: (A) Require the operator of the vehicle to stop, exhibit, and submit for inspection all documents required to be carried in that vehicle or by that operator pursuant to the regulations regarding the operator or operators of that vehicle, including, but not limited to, the operator or driver's duty status or hours-of-service records, bills of lading, waybills, invoices, or other evidences of the character of the lading being transported in the vehicle, as well as all records required to be carried by the regulations concerning that vehicle; (B) Inspect the contents of the vehicle for the purpose of comparing the contents with bills of lading, waybills, invoices, or other evidence of ownership or of transportation for compensation; and (C) Require the operator to submit the vehicle for a safety inspection pursuant to the rules and regulations, if deemed necessary by the officers. (2) If the operator does not produce sufficient or adequate documents regarding his or her operation of the vehicle in conformance with the rules and regulations or is determined by the officers to be out of compliance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to the provisions of this subchapter, the officers shall be authorized to immediately place that operator out of service in accordance with the rules and regulations. (3) (A) If the operator does not produce sufficient or adequate documents regarding the vehicle in conformance with the rules and regulations, the vehicle is determined by the officers to be out of compliance with the rules and regulations. (B) If the operator refuses to submit the vehicle to a safety inspection in conformance with the rules and regulations or if the officer or officers determine the vehicle is unsafe for further operation following a safety inspection in accordance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to this subchapter, the officers shall be authorized to immediately place that vehicle out of service in conformance with the rules and regulations. (d) It shall be the further duty of the enforcement officers to impound any books, papers, bills of lading, waybills, and invoices that would indicate the transportation service being performed is in violation of this subchapter, subject to the further orders of the court having jurisdiction over the alleged violation. Amended by Act 2015, No. 299,§ 31, eff. 7/22/2015. Acts 1955, No. 397, § 7; A.S.A. 1947, § 73-1760; Acts 1989, No. 306, § 1; 1997, No. 1026, § 1; 2003, No. 1121, § 1.

(a) The State Highway Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of this subchapter.

(b) The enforcement officers shall have authority to enforce § 27-50-308 and the Omnibus DWI or BWI Act, § 5-65-101 et seq., and shall have authority to make arrests for violation of any of the provisions of this subchapter, orders, rules, and regulations of the commission and to serve any notice, order, or subpoena issued by any court, the commission, its secretary, or any employee authorized to issue same, and to this end shall have full authority with jurisdiction within the entire State of Arkansas.

(c) (1) For the purpose of determining whether any motor vehicle or the operator of that vehicle is in compliance with the rules and regulations of the commission with respect to safety of operations and equipment or any other provision of this chapter, provided the operator is engaged in intrastate or interstate movements on the highways, roads, and streets of this state and the operator or vehicle is subject to the rules and regulations, the enforcement officers shall be authorized to: (A) Require the operator of the vehicle to stop, exhibit, and submit for inspection all documents required to be carried in that vehicle or by that operator pursuant to the regulations regarding the operator or operators of that vehicle, including, but not limited to, the operator or driver's duty status or hours-of-service records, bills of lading, waybills, invoices, or other evidences of the character of the lading being transported in the vehicle, as well as all records required to be carried by the regulations concerning that vehicle; (B) Inspect the contents of the vehicle for the purpose of comparing the contents with bills of lading, waybills, invoices, or other evidence of ownership or of transportation for compensation; and (C) Require the operator to submit the vehicle for a safety inspection pursuant to the rules and regulations, if deemed necessary by the officers. (2) If the operator does not produce sufficient or adequate documents regarding his or her operation of the vehicle in conformance with the rules and regulations or is determined by the officers to be out of compliance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to the provisions of this subchapter, the officers shall be authorized to immediately place that operator out of service in accordance with the rules and regulations. (3) (A) If the operator does not produce sufficient or adequate documents regarding the vehicle in conformance with the rules and regulations, the vehicle is determined by the officers to be out of compliance with the rules and regulations. (B) If the operator refuses to submit the vehicle to a safety inspection in conformance with the rules and regulations or if the officer or officers determine the vehicle is unsafe for further operation following a safety inspection in accordance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to this subchapter, the officers shall be authorized to immediately place that vehicle out of service in conformance with the rules and regulations.

(1) For the purpose of determining whether any motor vehicle or the operator of that vehicle is in compliance with the rules and regulations of the commission with respect to safety of operations and equipment or any other provision of this chapter, provided the operator is engaged in intrastate or interstate movements on the highways, roads, and streets of this state and the operator or vehicle is subject to the rules and regulations, the enforcement officers shall be authorized to: (A) Require the operator of the vehicle to stop, exhibit, and submit for inspection all documents required to be carried in that vehicle or by that operator pursuant to the regulations regarding the operator or operators of that vehicle, including, but not limited to, the operator or driver's duty status or hours-of-service records, bills of lading, waybills, invoices, or other evidences of the character of the lading being transported in the vehicle, as well as all records required to be carried by the regulations concerning that vehicle; (B) Inspect the contents of the vehicle for the purpose of comparing the contents with bills of lading, waybills, invoices, or other evidence of ownership or of transportation for compensation; and (C) Require the operator to submit the vehicle for a safety inspection pursuant to the rules and regulations, if deemed necessary by the officers.

(A) Require the operator of the vehicle to stop, exhibit, and submit for inspection all documents required to be carried in that vehicle or by that operator pursuant to the regulations regarding the operator or operators of that vehicle, including, but not limited to, the operator or driver's duty status or hours-of-service records, bills of lading, waybills, invoices, or other evidences of the character of the lading being transported in the vehicle, as well as all records required to be carried by the regulations concerning that vehicle;

(B) Inspect the contents of the vehicle for the purpose of comparing the contents with bills of lading, waybills, invoices, or other evidence of ownership or of transportation for compensation; and

(C) Require the operator to submit the vehicle for a safety inspection pursuant to the rules and regulations, if deemed necessary by the officers.

(2) If the operator does not produce sufficient or adequate documents regarding his or her operation of the vehicle in conformance with the rules and regulations or is determined by the officers to be out of compliance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to the provisions of this subchapter, the officers shall be authorized to immediately place that operator out of service in accordance with the rules and regulations.

(3) (A) If the operator does not produce sufficient or adequate documents regarding the vehicle in conformance with the rules and regulations, the vehicle is determined by the officers to be out of compliance with the rules and regulations. (B) If the operator refuses to submit the vehicle to a safety inspection in conformance with the rules and regulations or if the officer or officers determine the vehicle is unsafe for further operation following a safety inspection in accordance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to this subchapter, the officers shall be authorized to immediately place that vehicle out of service in conformance with the rules and regulations.

(A) If the operator does not produce sufficient or adequate documents regarding the vehicle in conformance with the rules and regulations, the vehicle is determined by the officers to be out of compliance with the rules and regulations.

(B) If the operator refuses to submit the vehicle to a safety inspection in conformance with the rules and regulations or if the officer or officers determine the vehicle is unsafe for further operation following a safety inspection in accordance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to this subchapter, the officers shall be authorized to immediately place that vehicle out of service in conformance with the rules and regulations.

(d) It shall be the further duty of the enforcement officers to impound any books, papers, bills of lading, waybills, and invoices that would indicate the transportation service being performed is in violation of this subchapter, subject to the further orders of the court having jurisdiction over the alleged violation.

Amended by Act 2015, No. 299,§ 31, eff. 7/22/2015.

Acts 1955, No. 397, § 7; A.S.A. 1947, § 73-1760; Acts 1989, No. 306, § 1; 1997, No. 1026, § 1; 2003, No. 1121, § 1.
Ark. Code Ann. § 23-99-502 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-502
Legislative findings and intent
Status: in_force

It is the intent of this state that if a health benefit plan provides insurance coverage for a mental illness or substance abuse disorder, the treatment of the mental illness or substance abuse disorder shall be as available as and at parity with that for other medical illnesses. Acts 1997, No. 1020, § 2; 2009, No. 1193, § 2.

It is the intent of this state that if a health benefit plan provides insurance coverage for a mental illness or substance abuse disorder, the treatment of the mental illness or substance abuse disorder shall be as available as and at parity with that for other medical illnesses.

Acts 1997, No. 1020, § 2; 2009, No. 1193, § 2.
Ark. Code Ann. § 23-60-110 — AR Code / Title 23 / Chapter 60 / Section 23-60-110
Compliance with code required
Status: in_force

No person shall transact a business of insurance in Arkansas, or relative to a subject of insurance resident, located, or to be performed in Arkansas, without complying with the applicable provisions of the Arkansas Insurance Code. Acts 1959, No. 148, § 10; A.S.A. 1947, § 66-2010.

No person shall transact a business of insurance in Arkansas, or relative to a subject of insurance resident, located, or to be performed in Arkansas, without complying with the applicable provisions of the Arkansas Insurance Code.

Acts 1959, No. 148, § 10; A.S.A. 1947, § 66-2010.
Ark. Code Ann. § 23-35-603 — AR Code / Title 23 / Chapter 35 / Subchapter 6 / Section 23-35-603
Loans and extensions of credit in advance
Status: in_force

(a) A credit union may loan to members for a provident or productive purpose and upon such security as the bylaws may provide and as the credit committee or loan officer shall approve. (b) (1) No loan shall bear an interest rate to exceed the highest lawful rate permitted under the Constitution of the State of Arkansas. (2) No credit union shall charge the borrower anything of value in connection or in association with the loan, other than repayment of the unpaid principal balance and interest. However, on loans secured by real estate a credit union may charge a loan origination fee not to exceed three percent (3%) of the original principal balance of the loan. A borrower may be charged for the cost of appraisals and credit investigations. If permitted by the bylaws, the borrowing members may be charged for the cost of the filing fees on security instruments in connection with the transaction. (c) Every application for a loan shall be made upon a form, which the credit committee has prescribed and the board of directors of the credit union has approved, which shall state at least the purpose for which the loan is desired, the security, if any, offered, the amount of the loan being applied for, and any other information which may be required to determine the financial ability of the applicant to repay the loan. (d) Every loan shall be evidenced by a written instrument. (e) (1) No unsecured loan shall be made to any member in an aggregate amount in excess of three thousand dollars ($3,000). (2) No secured loan shall be made to any member in an aggregate amount in excess of ten percent (10%) of the credit union's total assets. (3) No loan shall be made to any member if, in the aggregate, the balances of the secured and unsecured loans outstanding to that member exceed ten percent (10%) of the total assets of the credit union. (4) Secured and unsecured loans made against joint accounts shall be included in the aggregate and shall not be allocated to each joint tenant in determining the loan amounts set forth in this subsection. (5) If the State Credit Union Supervisor in his or her discretion determines that the ten percent (10%) limit as set out in this subsection is operating to the detriment of a credit union, he or she may by rule or order reduce the ten percent (10%) limit. (f) (1) No loan shall be made unless it has been approved by a loan officer or has received approval of a majority of the members of the credit committee in conformity with the other provisions of this chapter. (2) A loan or aggregate of loans to a director or member of the supervisory or credit committee of the credit union making the loan which exceeds six thousand dollars ($6,000) plus pledged shares shall be approved by a majority of the credit committee and a majority of the board members present. No member of the board or the credit committee may take part in the consideration of his or her loan application. (g) (1) Loans may be granted to members of the credit union, secured by a first or second mortgage on real estate. The aggregate of the loans shall not exceed eighty percent (80%) of the market value of the real estate which is set forth in an appraisal prepared by an independent qualified real estate appraiser. The loans shall also provide for substantially equal monthly payments for insurance premiums and taxes assessed against the security. The total outstanding balance of all first mortgage loans on real estate shall not exceed thirty percent (30%) of the outstanding shares of the credit union. (2) For purposes of this subsection and applicable rules: (A) "Appraisal" means an objective estimate of value based upon a physical examination and evaluation which shall disclose the market value of the security offered by use of the market sales approach which shall be supported by an analysis of comparable properties in the immediate area. The market value shall also be supported by use of the cost and income appraisal methods if conditions warrant and shall include documentation of the purchase price of the property offered as security; (B) "Independent qualified real estate appraiser" means a person who is experienced in the appraisal of the type of real estate being offered as security, who is actively engaged in real estate appraisal work and whose qualifications are demonstrated by membership in a national professional appraisal organization, or who is licensed to appraise in the state in which the real estate is located, or who is acceptable as an appraiser by an insuring or guaranteeing agency of the federal or state government and who has no present or contemplated future interest in the property being appraised; and (C) "Market value" means the highest price which real property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (h) (1) A credit union may make any loan insured by any federal program on terms set out in the applicable federal legislation, and that insurance shall be deemed adequate security. (2) (A) In addition to generally accepted types of security, the endorsement of a note by a guarantor or assignment of shares or wages, in a manner consistent with the laws of Arkansas, shall be deemed security within the meaning of this chapter. (B) For purposes of this subsection and applicable rules a "guarantor" means one who enters into an enforceable guaranty agreement and provides current financial statements showing a net worth free of homestead and subject to execution in an amount at least equal to the amount of the loan. (C) The guaranty agreement and the financial statements must be presented to the credit committee of the credit union for consideration and then placed in the file of the borrower. (3) The adequacy of all securities shall be within the determination of the credit committee or loan officer, subject to the provisions of this chapter and the bylaws. (i) A member may receive a loan in installments or in one (1) sum, and he or she may pay the whole or any part of this loan on any day in which the credit union office is open for business. (j) The credit committee may approve an extension of credit in advance, upon its own motion or upon application by a member, and loans may be granted to the member within the limits of the extension of credit. When an extension of credit has been approved, applications for loans need no further consideration as long as the aggregate obligation does not exceed the limits of the extension of credit. The credit committee shall review all extensions of credit at least once a year, and any extension of credit shall expire if the member becomes more than ninety (90) days delinquent in his or her obligations to the credit union. (k) No director, member of the credit or supervisory audit committee, or credit union employee shall cosign, endorse, or act as a guarantor for any borrower from the credit union. Acts 1971, No. 132, § 16; 1975, No. 530, §§ 13-15; 1975 (Extended Sess., 1976), No. 1182, § 2; 1979, No. 206, § 5; 1985, No. 936, §§ 8-11; A.S.A. 1947, § 67-916; Acts 1987, No. 750, § 1; reen. 1987, No. 995, § 2.

(a) A credit union may loan to members for a provident or productive purpose and upon such security as the bylaws may provide and as the credit committee or loan officer shall approve.

(b) (1) No loan shall bear an interest rate to exceed the highest lawful rate permitted under the Constitution of the State of Arkansas. (2) No credit union shall charge the borrower anything of value in connection or in association with the loan, other than repayment of the unpaid principal balance and interest. However, on loans secured by real estate a credit union may charge a loan origination fee not to exceed three percent (3%) of the original principal balance of the loan. A borrower may be charged for the cost of appraisals and credit investigations. If permitted by the bylaws, the borrowing members may be charged for the cost of the filing fees on security instruments in connection with the transaction.

(1) No loan shall bear an interest rate to exceed the highest lawful rate permitted under the Constitution of the State of Arkansas.

(2) No credit union shall charge the borrower anything of value in connection or in association with the loan, other than repayment of the unpaid principal balance and interest. However, on loans secured by real estate a credit union may charge a loan origination fee not to exceed three percent (3%) of the original principal balance of the loan. A borrower may be charged for the cost of appraisals and credit investigations. If permitted by the bylaws, the borrowing members may be charged for the cost of the filing fees on security instruments in connection with the transaction.

(c) Every application for a loan shall be made upon a form, which the credit committee has prescribed and the board of directors of the credit union has approved, which shall state at least the purpose for which the loan is desired, the security, if any, offered, the amount of the loan being applied for, and any other information which may be required to determine the financial ability of the applicant to repay the loan.

(d) Every loan shall be evidenced by a written instrument.

(e) (1) No unsecured loan shall be made to any member in an aggregate amount in excess of three thousand dollars ($3,000). (2) No secured loan shall be made to any member in an aggregate amount in excess of ten percent (10%) of the credit union's total assets. (3) No loan shall be made to any member if, in the aggregate, the balances of the secured and unsecured loans outstanding to that member exceed ten percent (10%) of the total assets of the credit union. (4) Secured and unsecured loans made against joint accounts shall be included in the aggregate and shall not be allocated to each joint tenant in determining the loan amounts set forth in this subsection. (5) If the State Credit Union Supervisor in his or her discretion determines that the ten percent (10%) limit as set out in this subsection is operating to the detriment of a credit union, he or she may by rule or order reduce the ten percent (10%) limit.

(1) No unsecured loan shall be made to any member in an aggregate amount in excess of three thousand dollars ($3,000).

(2) No secured loan shall be made to any member in an aggregate amount in excess of ten percent (10%) of the credit union's total assets.

(3) No loan shall be made to any member if, in the aggregate, the balances of the secured and unsecured loans outstanding to that member exceed ten percent (10%) of the total assets of the credit union.

(4) Secured and unsecured loans made against joint accounts shall be included in the aggregate and shall not be allocated to each joint tenant in determining the loan amounts set forth in this subsection.

(5) If the State Credit Union Supervisor in his or her discretion determines that the ten percent (10%) limit as set out in this subsection is operating to the detriment of a credit union, he or she may by rule or order reduce the ten percent (10%) limit.

(f) (1) No loan shall be made unless it has been approved by a loan officer or has received approval of a majority of the members of the credit committee in conformity with the other provisions of this chapter. (2) A loan or aggregate of loans to a director or member of the supervisory or credit committee of the credit union making the loan which exceeds six thousand dollars ($6,000) plus pledged shares shall be approved by a majority of the credit committee and a majority of the board members present. No member of the board or the credit committee may take part in the consideration of his or her loan application.

(1) No loan shall be made unless it has been approved by a loan officer or has received approval of a majority of the members of the credit committee in conformity with the other provisions of this chapter.

(2) A loan or aggregate of loans to a director or member of the supervisory or credit committee of the credit union making the loan which exceeds six thousand dollars ($6,000) plus pledged shares shall be approved by a majority of the credit committee and a majority of the board members present. No member of the board or the credit committee may take part in the consideration of his or her loan application.

(g) (1) Loans may be granted to members of the credit union, secured by a first or second mortgage on real estate. The aggregate of the loans shall not exceed eighty percent (80%) of the market value of the real estate which is set forth in an appraisal prepared by an independent qualified real estate appraiser. The loans shall also provide for substantially equal monthly payments for insurance premiums and taxes assessed against the security. The total outstanding balance of all first mortgage loans on real estate shall not exceed thirty percent (30%) of the outstanding shares of the credit union. (2) For purposes of this subsection and applicable rules: (A) "Appraisal" means an objective estimate of value based upon a physical examination and evaluation which shall disclose the market value of the security offered by use of the market sales approach which shall be supported by an analysis of comparable properties in the immediate area. The market value shall also be supported by use of the cost and income appraisal methods if conditions warrant and shall include documentation of the purchase price of the property offered as security; (B) "Independent qualified real estate appraiser" means a person who is experienced in the appraisal of the type of real estate being offered as security, who is actively engaged in real estate appraisal work and whose qualifications are demonstrated by membership in a national professional appraisal organization, or who is licensed to appraise in the state in which the real estate is located, or who is acceptable as an appraiser by an insuring or guaranteeing agency of the federal or state government and who has no present or contemplated future interest in the property being appraised; and (C) "Market value" means the highest price which real property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.

(1) Loans may be granted to members of the credit union, secured by a first or second mortgage on real estate. The aggregate of the loans shall not exceed eighty percent (80%) of the market value of the real estate which is set forth in an appraisal prepared by an independent qualified real estate appraiser. The loans shall also provide for substantially equal monthly payments for insurance premiums and taxes assessed against the security. The total outstanding balance of all first mortgage loans on real estate shall not exceed thirty percent (30%) of the outstanding shares of the credit union.

(2) For purposes of this subsection and applicable rules: (A) "Appraisal" means an objective estimate of value based upon a physical examination and evaluation which shall disclose the market value of the security offered by use of the market sales approach which shall be supported by an analysis of comparable properties in the immediate area. The market value shall also be supported by use of the cost and income appraisal methods if conditions warrant and shall include documentation of the purchase price of the property offered as security; (B) "Independent qualified real estate appraiser" means a person who is experienced in the appraisal of the type of real estate being offered as security, who is actively engaged in real estate appraisal work and whose qualifications are demonstrated by membership in a national professional appraisal organization, or who is licensed to appraise in the state in which the real estate is located, or who is acceptable as an appraiser by an insuring or guaranteeing agency of the federal or state government and who has no present or contemplated future interest in the property being appraised; and (C) "Market value" means the highest price which real property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.

(A) "Appraisal" means an objective estimate of value based upon a physical examination and evaluation which shall disclose the market value of the security offered by use of the market sales approach which shall be supported by an analysis of comparable properties in the immediate area. The market value shall also be supported by use of the cost and income appraisal methods if conditions warrant and shall include documentation of the purchase price of the property offered as security;

(B) "Independent qualified real estate appraiser" means a person who is experienced in the appraisal of the type of real estate being offered as security, who is actively engaged in real estate appraisal work and whose qualifications are demonstrated by membership in a national professional appraisal organization, or who is licensed to appraise in the state in which the real estate is located, or who is acceptable as an appraiser by an insuring or guaranteeing agency of the federal or state government and who has no present or contemplated future interest in the property being appraised; and

(C) "Market value" means the highest price which real property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.

(h) (1) A credit union may make any loan insured by any federal program on terms set out in the applicable federal legislation, and that insurance shall be deemed adequate security. (2) (A) In addition to generally accepted types of security, the endorsement of a note by a guarantor or assignment of shares or wages, in a manner consistent with the laws of Arkansas, shall be deemed security within the meaning of this chapter. (B) For purposes of this subsection and applicable rules a "guarantor" means one who enters into an enforceable guaranty agreement and provides current financial statements showing a net worth free of homestead and subject to execution in an amount at least equal to the amount of the loan. (C) The guaranty agreement and the financial statements must be presented to the credit committee of the credit union for consideration and then placed in the file of the borrower. (3) The adequacy of all securities shall be within the determination of the credit committee or loan officer, subject to the provisions of this chapter and the bylaws.

(1) A credit union may make any loan insured by any federal program on terms set out in the applicable federal legislation, and that insurance shall be deemed adequate security.

(2) (A) In addition to generally accepted types of security, the endorsement of a note by a guarantor or assignment of shares or wages, in a manner consistent with the laws of Arkansas, shall be deemed security within the meaning of this chapter. (B) For purposes of this subsection and applicable rules a "guarantor" means one who enters into an enforceable guaranty agreement and provides current financial statements showing a net worth free of homestead and subject to execution in an amount at least equal to the amount of the loan. (C) The guaranty agreement and the financial statements must be presented to the credit committee of the credit union for consideration and then placed in the file of the borrower.

(A) In addition to generally accepted types of security, the endorsement of a note by a guarantor or assignment of shares or wages, in a manner consistent with the laws of Arkansas, shall be deemed security within the meaning of this chapter.

(B) For purposes of this subsection and applicable rules a "guarantor" means one who enters into an enforceable guaranty agreement and provides current financial statements showing a net worth free of homestead and subject to execution in an amount at least equal to the amount of the loan.

(C) The guaranty agreement and the financial statements must be presented to the credit committee of the credit union for consideration and then placed in the file of the borrower.

(3) The adequacy of all securities shall be within the determination of the credit committee or loan officer, subject to the provisions of this chapter and the bylaws.

(i) A member may receive a loan in installments or in one (1) sum, and he or she may pay the whole or any part of this loan on any day in which the credit union office is open for business.

(j) The credit committee may approve an extension of credit in advance, upon its own motion or upon application by a member, and loans may be granted to the member within the limits of the extension of credit. When an extension of credit has been approved, applications for loans need no further consideration as long as the aggregate obligation does not exceed the limits of the extension of credit. The credit committee shall review all extensions of credit at least once a year, and any extension of credit shall expire if the member becomes more than ninety (90) days delinquent in his or her obligations to the credit union.

(k) No director, member of the credit or supervisory audit committee, or credit union employee shall cosign, endorse, or act as a guarantor for any borrower from the credit union.

Acts 1971, No. 132, § 16; 1975, No. 530, §§ 13-15; 1975 (Extended Sess., 1976), No. 1182, § 2; 1979, No. 206, § 5; 1985, No. 936, §§ 8-11; A.S.A. 1947, § 67-916; Acts 1987, No. 750, § 1; reen. 1987, No. 995, § 2.
Ark. Code Ann. § 23-78-112 — AR Code / Title 23 / Chapter 78 / Section 23-78-112
Certificate for benefits - Issuance
Status: in_force

(a) No burial association shall issue a certificate for benefits for any member in excess of two thousand five hundred dollars ($2,500), and no certificate shall provide for free service, merchandise, or supplies in addition to the amount of benefits set forth in the certificate. (b) For memberships issued on or after July 19, 1987, if other than the contract funeral home performs the funeral service, the benefit shall be paid to that licensed, servicing funeral home on the basis of one hundred percent (100%) of the face amount of the certificate, in cash. (c) (1) For memberships issued before July 1, 1967, if a licensed funeral home other than the contract funeral home performs the funeral service, the benefit shall be paid to that licensed, servicing funeral home according to the agreement contained in the certificate of membership between the member and the burial association. (2) For memberships issued between July 1, 1967, through August 5, 1976, if a licensed funeral home other than the contract funeral home performs the funeral service and the service occurs outside of the burial association's service area, as established by the certificate of membership, then the benefit shall be paid to the licensed, servicing funeral home at a minimum rate of seventy percent (70%) of the certificate for benefit face amount or seventy percent (70%) of the amount credited on the at-need or final billing statement, whichever is higher. (3) For memberships issued between August 5, 1976, through July 19, 1987, if a licensed funeral home other than the contract funeral home performs the funeral service and the service occurs outside of the burial association's service area, as established by the certificate of membership, then the benefit shall be paid to the licensed, servicing funeral home at a minimum rate of eighty percent (80%) of the certificate for benefit face amount or eighty percent (80%) of the amount credited on the at-need or final billing statement, whichever is higher. (d) If a licensed funeral home other than the contract funeral home performs the funeral service and the licensed, servicing funeral home's at-need or final billing statement reflects a credit for the full burial association certificate for benefit amount, then: (1) A burial association member is considered to have been made whole by the licensed, servicing funeral home, and the family or responsible party of the deceased member is not entitled to receive any additional funds, reimbursement, or refund of any paid-in dues, or other compensation, cash, or merchandise, on the deceased burial association member's certificate of membership; and (2) (A) If the contract funeral home administering the burial association's business renders payment to the licensed, servicing funeral home based on the percentages in subsection (b) of this section and subdivisions (c)(2) and (3) of this section, then it is at the discretion of the licensed, servicing funeral home whether or not to retain the disbursed burial association funds or to return the funds to the family or responsible party of the deceased member. (B) Any payment to the family or responsible party is to be made by the licensed, servicing funeral home and not the burial association or the burial association's contract funeral home. Amended by Act 2023, No. 81,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 81,§ 1, eff. 8/1/2023. Acts 1953, No. 91, § 10; 1985, No. 679, § 3; A.S.A. 1947, § 66-1810; Acts 1987, No. 443, § 1.

(a) No burial association shall issue a certificate for benefits for any member in excess of two thousand five hundred dollars ($2,500), and no certificate shall provide for free service, merchandise, or supplies in addition to the amount of benefits set forth in the certificate.

(b) For memberships issued on or after July 19, 1987, if other than the contract funeral home performs the funeral service, the benefit shall be paid to that licensed, servicing funeral home on the basis of one hundred percent (100%) of the face amount of the certificate, in cash.

(c) (1) For memberships issued before July 1, 1967, if a licensed funeral home other than the contract funeral home performs the funeral service, the benefit shall be paid to that licensed, servicing funeral home according to the agreement contained in the certificate of membership between the member and the burial association. (2) For memberships issued between July 1, 1967, through August 5, 1976, if a licensed funeral home other than the contract funeral home performs the funeral service and the service occurs outside of the burial association's service area, as established by the certificate of membership, then the benefit shall be paid to the licensed, servicing funeral home at a minimum rate of seventy percent (70%) of the certificate for benefit face amount or seventy percent (70%) of the amount credited on the at-need or final billing statement, whichever is higher. (3) For memberships issued between August 5, 1976, through July 19, 1987, if a licensed funeral home other than the contract funeral home performs the funeral service and the service occurs outside of the burial association's service area, as established by the certificate of membership, then the benefit shall be paid to the licensed, servicing funeral home at a minimum rate of eighty percent (80%) of the certificate for benefit face amount or eighty percent (80%) of the amount credited on the at-need or final billing statement, whichever is higher.

(1) For memberships issued before July 1, 1967, if a licensed funeral home other than the contract funeral home performs the funeral service, the benefit shall be paid to that licensed, servicing funeral home according to the agreement contained in the certificate of membership between the member and the burial association.

(2) For memberships issued between July 1, 1967, through August 5, 1976, if a licensed funeral home other than the contract funeral home performs the funeral service and the service occurs outside of the burial association's service area, as established by the certificate of membership, then the benefit shall be paid to the licensed, servicing funeral home at a minimum rate of seventy percent (70%) of the certificate for benefit face amount or seventy percent (70%) of the amount credited on the at-need or final billing statement, whichever is higher.

(3) For memberships issued between August 5, 1976, through July 19, 1987, if a licensed funeral home other than the contract funeral home performs the funeral service and the service occurs outside of the burial association's service area, as established by the certificate of membership, then the benefit shall be paid to the licensed, servicing funeral home at a minimum rate of eighty percent (80%) of the certificate for benefit face amount or eighty percent (80%) of the amount credited on the at-need or final billing statement, whichever is higher.

(d) If a licensed funeral home other than the contract funeral home performs the funeral service and the licensed, servicing funeral home's at-need or final billing statement reflects a credit for the full burial association certificate for benefit amount, then: (1) A burial association member is considered to have been made whole by the licensed, servicing funeral home, and the family or responsible party of the deceased member is not entitled to receive any additional funds, reimbursement, or refund of any paid-in dues, or other compensation, cash, or merchandise, on the deceased burial association member's certificate of membership; and (2) (A) If the contract funeral home administering the burial association's business renders payment to the licensed, servicing funeral home based on the percentages in subsection (b) of this section and subdivisions (c)(2) and (3) of this section, then it is at the discretion of the licensed, servicing funeral home whether or not to retain the disbursed burial association funds or to return the funds to the family or responsible party of the deceased member. (B) Any payment to the family or responsible party is to be made by the licensed, servicing funeral home and not the burial association or the burial association's contract funeral home.

(1) A burial association member is considered to have been made whole by the licensed, servicing funeral home, and the family or responsible party of the deceased member is not entitled to receive any additional funds, reimbursement, or refund of any paid-in dues, or other compensation, cash, or merchandise, on the deceased burial association member's certificate of membership; and

(2) (A) If the contract funeral home administering the burial association's business renders payment to the licensed, servicing funeral home based on the percentages in subsection (b) of this section and subdivisions (c)(2) and (3) of this section, then it is at the discretion of the licensed, servicing funeral home whether or not to retain the disbursed burial association funds or to return the funds to the family or responsible party of the deceased member. (B) Any payment to the family or responsible party is to be made by the licensed, servicing funeral home and not the burial association or the burial association's contract funeral home.

(A) If the contract funeral home administering the burial association's business renders payment to the licensed, servicing funeral home based on the percentages in subsection (b) of this section and subdivisions (c)(2) and (3) of this section, then it is at the discretion of the licensed, servicing funeral home whether or not to retain the disbursed burial association funds or to return the funds to the family or responsible party of the deceased member.

(B) Any payment to the family or responsible party is to be made by the licensed, servicing funeral home and not the burial association or the burial association's contract funeral home.

Amended by Act 2023, No. 81,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 81,§ 1, eff. 8/1/2023.

Acts 1953, No. 91, § 10; 1985, No. 679, § 3; A.S.A. 1947, § 66-1810; Acts 1987, No. 443, § 1.
Ark. Code Ann. § 23-111-515 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-515
Additional racing days for the benefit of small municipalities and community colleges
Status: in_force

(a) (1) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct six (6) additional days of racing during each twelve-month period. (2) The additional days of racing may be divided between each of the two (2) racing meets allowed by this section, or all the additional days of racing may be added to a single racing meet as determined by the commission. (3) In the event the additional days allowed by the commission fall upon a Saturday or Saturdays, then the franchise holder, at its option, may conduct daylight racing as authorized for a regular racing meet. (b) (1) The franchise holder shall distribute the net proceeds, as defined in subdivision (b)(2) of this section, from the additional days of dog racing as follows: (A) Twenty-five percent (25%) thereof shall be remitted at the end of each racing meet at which such additional days of racing are conducted to the various municipalities in the county where the dog racing meet is held which have a population of fewer than five thousand (5,000) inhabitants according to the most recent federal census, with each such municipality to receive an equal share of the funds; and (B) Seventy-five percent (75%) of the proceeds shall be deposited with the Treasurer of State as special revenues and credited to an institution of higher education fund in the county in which the dog racing track is located. Such funds shall be considered local taxes for the purposes of § 6-61-601 . (2) Net proceeds derived from the additional days of dog racing shall be all revenue derived from the pari-mutuel wagering at the dog racing track during the additional days of racing, less the amount of the purses paid by the franchise holder. (c) The commission shall establish appropriate rules to assure compliance with the provisions of this section and shall audit and verify all receipts and expenditures of the franchise holder in determining compliance with this section. Amended by Act 2019, No. 315,§ 2824, eff. 7/24/2019. Acts 1993, No. 879, §§ 1, 2, 4, 5.

(a) (1) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct six (6) additional days of racing during each twelve-month period. (2) The additional days of racing may be divided between each of the two (2) racing meets allowed by this section, or all the additional days of racing may be added to a single racing meet as determined by the commission. (3) In the event the additional days allowed by the commission fall upon a Saturday or Saturdays, then the franchise holder, at its option, may conduct daylight racing as authorized for a regular racing meet.

(1) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct six (6) additional days of racing during each twelve-month period.

(2) The additional days of racing may be divided between each of the two (2) racing meets allowed by this section, or all the additional days of racing may be added to a single racing meet as determined by the commission.

(3) In the event the additional days allowed by the commission fall upon a Saturday or Saturdays, then the franchise holder, at its option, may conduct daylight racing as authorized for a regular racing meet.

(b) (1) The franchise holder shall distribute the net proceeds, as defined in subdivision (b)(2) of this section, from the additional days of dog racing as follows: (A) Twenty-five percent (25%) thereof shall be remitted at the end of each racing meet at which such additional days of racing are conducted to the various municipalities in the county where the dog racing meet is held which have a population of fewer than five thousand (5,000) inhabitants according to the most recent federal census, with each such municipality to receive an equal share of the funds; and (B) Seventy-five percent (75%) of the proceeds shall be deposited with the Treasurer of State as special revenues and credited to an institution of higher education fund in the county in which the dog racing track is located. Such funds shall be considered local taxes for the purposes of § 6-61-601 . (2) Net proceeds derived from the additional days of dog racing shall be all revenue derived from the pari-mutuel wagering at the dog racing track during the additional days of racing, less the amount of the purses paid by the franchise holder.

(1) The franchise holder shall distribute the net proceeds, as defined in subdivision (b)(2) of this section, from the additional days of dog racing as follows: (A) Twenty-five percent (25%) thereof shall be remitted at the end of each racing meet at which such additional days of racing are conducted to the various municipalities in the county where the dog racing meet is held which have a population of fewer than five thousand (5,000) inhabitants according to the most recent federal census, with each such municipality to receive an equal share of the funds; and (B) Seventy-five percent (75%) of the proceeds shall be deposited with the Treasurer of State as special revenues and credited to an institution of higher education fund in the county in which the dog racing track is located. Such funds shall be considered local taxes for the purposes of § 6-61-601 .

(A) Twenty-five percent (25%) thereof shall be remitted at the end of each racing meet at which such additional days of racing are conducted to the various municipalities in the county where the dog racing meet is held which have a population of fewer than five thousand (5,000) inhabitants according to the most recent federal census, with each such municipality to receive an equal share of the funds; and

(B) Seventy-five percent (75%) of the proceeds shall be deposited with the Treasurer of State as special revenues and credited to an institution of higher education fund in the county in which the dog racing track is located. Such funds shall be considered local taxes for the purposes of § 6-61-601 .

(2) Net proceeds derived from the additional days of dog racing shall be all revenue derived from the pari-mutuel wagering at the dog racing track during the additional days of racing, less the amount of the purses paid by the franchise holder.

(c) The commission shall establish appropriate rules to assure compliance with the provisions of this section and shall audit and verify all receipts and expenditures of the franchise holder in determining compliance with this section.

Amended by Act 2019, No. 315,§ 2824, eff. 7/24/2019.

Acts 1993, No. 879, §§ 1, 2, 4, 5.
Ark. Code Ann. § 23-99-1802 — AR Code / Title 23 / Chapter 99 / Subchapter 18 / Section 23-99-1802
Minimum allowable reimbursement for ground ambulance services
Status: in_force

(a) (1) The minimum allowable reimbursement rate under any health benefit plan issued by a healthcare insurer to a participating ground ambulance service provider or an out-of-network ground ambulance service provider shall be at the rates approved or contracted between an ambulance service provider and a local government entity as provided for in § 14-266-105 . (2) In the absence of rates set as provided under subdivision (a)(1) of this section, the minimum allowable rate of reimbursement under a health benefit plan issued by a healthcare insurer shall be the lesser of: (A) The rate established by the Workers' Compensation Commission under its medical fee schedule for ambulance services; or (B) The provider's billed charges. (b) A payment made under this section shall be considered payment in full for the covered services provided, except for any copayment, coinsurance, deductible, and other cost-sharing feature amounts required to be paid by the enrollee. (c) (1) A healthcare insurer shall remit payment within thirty (30) days for ambulance services directly to the ground ambulance service provider. (2) A healthcare insurer shall not send payment to an enrollee. Added by Act 2023, No. 597,§ 1, eff. 8/1/2023.

(a) (1) The minimum allowable reimbursement rate under any health benefit plan issued by a healthcare insurer to a participating ground ambulance service provider or an out-of-network ground ambulance service provider shall be at the rates approved or contracted between an ambulance service provider and a local government entity as provided for in § 14-266-105 . (2) In the absence of rates set as provided under subdivision (a)(1) of this section, the minimum allowable rate of reimbursement under a health benefit plan issued by a healthcare insurer shall be the lesser of: (A) The rate established by the Workers' Compensation Commission under its medical fee schedule for ambulance services; or (B) The provider's billed charges.

(1) The minimum allowable reimbursement rate under any health benefit plan issued by a healthcare insurer to a participating ground ambulance service provider or an out-of-network ground ambulance service provider shall be at the rates approved or contracted between an ambulance service provider and a local government entity as provided for in § 14-266-105 .

(2) In the absence of rates set as provided under subdivision (a)(1) of this section, the minimum allowable rate of reimbursement under a health benefit plan issued by a healthcare insurer shall be the lesser of: (A) The rate established by the Workers' Compensation Commission under its medical fee schedule for ambulance services; or (B) The provider's billed charges.

(A) The rate established by the Workers' Compensation Commission under its medical fee schedule for ambulance services; or

(B) The provider's billed charges.

(b) A payment made under this section shall be considered payment in full for the covered services provided, except for any copayment, coinsurance, deductible, and other cost-sharing feature amounts required to be paid by the enrollee.

(c) (1) A healthcare insurer shall remit payment within thirty (30) days for ambulance services directly to the ground ambulance service provider. (2) A healthcare insurer shall not send payment to an enrollee.

(1) A healthcare insurer shall remit payment within thirty (30) days for ambulance services directly to the ground ambulance service provider.

(2) A healthcare insurer shall not send payment to an enrollee.

Added by Act 2023, No. 597,§ 1, eff. 8/1/2023.