Ark. Code Ann. § 23-4-629 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-629
Surcharge to collect rates increased by courts
Status: in_force

(a) In the event that the rates set in the order of the Arkansas Department of Transportation subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitled to impose a surcharge on the affected customers for collection of the increased rates that otherwise would have been collected during the period between the effective date of the initial order and the effective date of the rates as increased, together with interest as determined by the department at a rate not to exceed the maximum interest rate otherwise allowed by law. (b) This surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the rates, as increased. (c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the effective date of the rates, as increased. Amended by Act 2017, No. 707,§ 126, eff. 8/1/2017. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

(a) In the event that the rates set in the order of the Arkansas Department of Transportation subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitled to impose a surcharge on the affected customers for collection of the increased rates that otherwise would have been collected during the period between the effective date of the initial order and the effective date of the rates as increased, together with interest as determined by the department at a rate not to exceed the maximum interest rate otherwise allowed by law.

(b) This surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the rates, as increased.

(c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the effective date of the rates, as increased.

Amended by Act 2017, No. 707,§ 126, eff. 8/1/2017.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-37-404 — AR Code / Title 23 / Chapter 37 / Subchapter 4 / Section 23-37-404
Branch offices
Status: in_force

(a) The Supervisor of Savings and Loan Associations in either a protested or an unprotested application shall not approve the application for an association to open a branch unless the association satisfactorily establishes that the volume of business in the proposed service area for the branch office is such as to indicate a successful operation. (b) An association shall furnish satisfactory evidence to the supervisor that it has opened a branch office for business within one (1) year from: (1) The date the granting of authority for the opening of the branch office is approved by the Supreme Court if the matter is appealed to the Supreme Court; or (2) The date on which the time period for perfecting an appeal from a decision of the supervisor or a lower court approving the granting of authority for opening of the branch office expires. (c) (1) If any association fails to open the branch office for business within the one-year period as required by subsection (b) of this section and the supervisor so finds after notice and hearing, the supervisor shall enter an order cancelling the authority for opening of the branch office for business unless good cause is shown for the failure, in which event the supervisor shall grant a reasonable extension of time for opening the branch office for business, not to exceed one (1) year, to give the association an opportunity to overcome the cause for the delay. (2) (A) Parties other than the affected association shall not be heard regarding any extension of authority for opening a branch office. (B) However, any party that appeared before the supervisor protesting the granting of authority for opening the branch office for business shall be notified upon written request of the determination of the supervisor on the extension request. (d) (1) If any association closes a branch office and the branch office remains closed for one (1) year, the supervisor after notice and hearing shall enter an order cancelling the authority for continued operation of that branch unless good cause is shown for the failure to continue operation. In this event the supervisor shall grant a reasonable extension of time for reopening the branch for business, not to exceed one (1) year. (2) Parties other than the affected association shall not be heard regarding any extension of time to reopen the closed branch. (e) Any association legally chartered by the proper state authority may establish one (1) or more full service branches, provided that its supervisory authority approves, in the following locations: (1) Anywhere within the county in which the establishing savings and loan association's principal office is located; (2) In addition to the provision of subsection (d) of this section, after December 31, 1993, anywhere within any counties contiguous to the county in which its principal office is located; and (3) After December 31, 1998, anywhere within this state. (f) (1) Without regard to the exceptions for location of a branch of an association as provided in this section, an association may purchase the business and assets and assume the liabilities of or merge or consolidate with another association located in any incorporated city or town within this state and operate the acquired association as a branch, provided that a branch shall not be established pursuant to purchase, merger, or consolidation with another association should either association have a de novo charter. (2) (A) As used in this section, "de novo charter" means a charter for an association that has been in existence for less than ten (10) years. (B) However, a de novo charter does not include a charter that is issued in connection with the acquisition of assets and liabilities from a predecessor financial institution that is acquired through federal or state regulatory action. (g) Nothing contained in this section shall be construed to prevent any association from retaining branch locations, wherever located, in operation prior to June 30, 1988. Acts 1975, No. 531, §§ 12, 13; 1979, No. 361, §§ 11, 12; 1981, No. 444, § 3; A.S.A. 1947, §§ 67-1865, 67-1866; Acts 1988 (4th Ex. Sess.), No. 2, § 7; 1988 (4th Ex. Sess.), No. 12, § 7; 2001, No. 1553, § 36.

(a) The Supervisor of Savings and Loan Associations in either a protested or an unprotested application shall not approve the application for an association to open a branch unless the association satisfactorily establishes that the volume of business in the proposed service area for the branch office is such as to indicate a successful operation.

(b) An association shall furnish satisfactory evidence to the supervisor that it has opened a branch office for business within one (1) year from: (1) The date the granting of authority for the opening of the branch office is approved by the Supreme Court if the matter is appealed to the Supreme Court; or (2) The date on which the time period for perfecting an appeal from a decision of the supervisor or a lower court approving the granting of authority for opening of the branch office expires.

(1) The date the granting of authority for the opening of the branch office is approved by the Supreme Court if the matter is appealed to the Supreme Court; or

(2) The date on which the time period for perfecting an appeal from a decision of the supervisor or a lower court approving the granting of authority for opening of the branch office expires.

(c) (1) If any association fails to open the branch office for business within the one-year period as required by subsection (b) of this section and the supervisor so finds after notice and hearing, the supervisor shall enter an order cancelling the authority for opening of the branch office for business unless good cause is shown for the failure, in which event the supervisor shall grant a reasonable extension of time for opening the branch office for business, not to exceed one (1) year, to give the association an opportunity to overcome the cause for the delay. (2) (A) Parties other than the affected association shall not be heard regarding any extension of authority for opening a branch office. (B) However, any party that appeared before the supervisor protesting the granting of authority for opening the branch office for business shall be notified upon written request of the determination of the supervisor on the extension request.

(1) If any association fails to open the branch office for business within the one-year period as required by subsection (b) of this section and the supervisor so finds after notice and hearing, the supervisor shall enter an order cancelling the authority for opening of the branch office for business unless good cause is shown for the failure, in which event the supervisor shall grant a reasonable extension of time for opening the branch office for business, not to exceed one (1) year, to give the association an opportunity to overcome the cause for the delay.

(2) (A) Parties other than the affected association shall not be heard regarding any extension of authority for opening a branch office. (B) However, any party that appeared before the supervisor protesting the granting of authority for opening the branch office for business shall be notified upon written request of the determination of the supervisor on the extension request.

(A) Parties other than the affected association shall not be heard regarding any extension of authority for opening a branch office.

(B) However, any party that appeared before the supervisor protesting the granting of authority for opening the branch office for business shall be notified upon written request of the determination of the supervisor on the extension request.

(d) (1) If any association closes a branch office and the branch office remains closed for one (1) year, the supervisor after notice and hearing shall enter an order cancelling the authority for continued operation of that branch unless good cause is shown for the failure to continue operation. In this event the supervisor shall grant a reasonable extension of time for reopening the branch for business, not to exceed one (1) year. (2) Parties other than the affected association shall not be heard regarding any extension of time to reopen the closed branch.

(1) If any association closes a branch office and the branch office remains closed for one (1) year, the supervisor after notice and hearing shall enter an order cancelling the authority for continued operation of that branch unless good cause is shown for the failure to continue operation. In this event the supervisor shall grant a reasonable extension of time for reopening the branch for business, not to exceed one (1) year.

(2) Parties other than the affected association shall not be heard regarding any extension of time to reopen the closed branch.

(e) Any association legally chartered by the proper state authority may establish one (1) or more full service branches, provided that its supervisory authority approves, in the following locations: (1) Anywhere within the county in which the establishing savings and loan association's principal office is located; (2) In addition to the provision of subsection (d) of this section, after December 31, 1993, anywhere within any counties contiguous to the county in which its principal office is located; and (3) After December 31, 1998, anywhere within this state.

(1) Anywhere within the county in which the establishing savings and loan association's principal office is located;

(2) In addition to the provision of subsection (d) of this section, after December 31, 1993, anywhere within any counties contiguous to the county in which its principal office is located; and

(3) After December 31, 1998, anywhere within this state.

(f) (1) Without regard to the exceptions for location of a branch of an association as provided in this section, an association may purchase the business and assets and assume the liabilities of or merge or consolidate with another association located in any incorporated city or town within this state and operate the acquired association as a branch, provided that a branch shall not be established pursuant to purchase, merger, or consolidation with another association should either association have a de novo charter. (2) (A) As used in this section, "de novo charter" means a charter for an association that has been in existence for less than ten (10) years. (B) However, a de novo charter does not include a charter that is issued in connection with the acquisition of assets and liabilities from a predecessor financial institution that is acquired through federal or state regulatory action.

(1) Without regard to the exceptions for location of a branch of an association as provided in this section, an association may purchase the business and assets and assume the liabilities of or merge or consolidate with another association located in any incorporated city or town within this state and operate the acquired association as a branch, provided that a branch shall not be established pursuant to purchase, merger, or consolidation with another association should either association have a de novo charter.

(2) (A) As used in this section, "de novo charter" means a charter for an association that has been in existence for less than ten (10) years. (B) However, a de novo charter does not include a charter that is issued in connection with the acquisition of assets and liabilities from a predecessor financial institution that is acquired through federal or state regulatory action.

(A) As used in this section, "de novo charter" means a charter for an association that has been in existence for less than ten (10) years.

(B) However, a de novo charter does not include a charter that is issued in connection with the acquisition of assets and liabilities from a predecessor financial institution that is acquired through federal or state regulatory action.

(g) Nothing contained in this section shall be construed to prevent any association from retaining branch locations, wherever located, in operation prior to June 30, 1988.

Acts 1975, No. 531, §§ 12, 13; 1979, No. 361, §§ 11, 12; 1981, No. 444, § 3; A.S.A. 1947, §§ 67-1865, 67-1866; Acts 1988 (4th Ex. Sess.), No. 2, § 7; 1988 (4th Ex. Sess.), No. 12, § 7; 2001, No. 1553, § 36.
Ark. Code Ann. § 23-4-804 — AR Code / Title 23 / Chapter 4 / Subchapter 8 / Section 23-4-804
Exemptions - General Assembly and certain state officers may accept free passes
Status: in_force

(a) Members of the General Assembly within the State of Arkansas are exempted from the provisions of §§ 23-4-801 and 23-4-802 . They are permitted to accept and it shall be the duty of all railroad companies doing business in the State of Arkansas to issue passes for free transportation to any such officers. In issuing free passes for transportation, the railroad companies shall not be liable to the penalties set out in § 23-4-802 , or liable to prosecution under any of the laws of the State of Arkansas because of the issuance of any pass. (b) The Governor, Secretary of State, Auditor of State, Treasurer of State, Attorney General, and Lieutenant Governor are permitted to accept and use a free pass from any railroad of this state without incurring the penalties prescribed in § 23-4-803 [repealed]. Acts 1923, No. 163, §§ 1, 2; 1931, No. 148, § 1; Pope's Dig., § 1095; A.S.A. 1947, §§ 73-1533, 73-1534.

(a) Members of the General Assembly within the State of Arkansas are exempted from the provisions of §§ 23-4-801 and 23-4-802 . They are permitted to accept and it shall be the duty of all railroad companies doing business in the State of Arkansas to issue passes for free transportation to any such officers. In issuing free passes for transportation, the railroad companies shall not be liable to the penalties set out in § 23-4-802 , or liable to prosecution under any of the laws of the State of Arkansas because of the issuance of any pass.

(b) The Governor, Secretary of State, Auditor of State, Treasurer of State, Attorney General, and Lieutenant Governor are permitted to accept and use a free pass from any railroad of this state without incurring the penalties prescribed in § 23-4-803 [repealed].

Acts 1923, No. 163, §§ 1, 2; 1931, No. 148, § 1; Pope's Dig., § 1095; A.S.A. 1947, §§ 73-1533, 73-1534.
Ark. Code Ann. § 23-79-601 — AR Code / Title 23 / Chapter 79 / Subchapter 6 / Section 23-79-601
Definitions
Status: in_force

As used in this subchapter: (1) "Diabetes self-management training" means instruction in an inpatient or outpatient setting including medical nutrition therapy relating to diet, caloric intake and diabetes management, excluding programs the primary purposes of which are weight reduction, which enables diabetic patients to understand the diabetic management process and daily management of diabetic therapy as a method of avoiding frequent hospitalizations and complications when the instruction is provided in accordance with a program in compliance with the National Standards for Diabetes Self-Management Education and Support as developed by the American Diabetes Association; (2) "Healthcare insurer" means any insurance company, fraternal benefit society, hospital and medical services corporation, or health maintenance organization issuing or delivering a health insurance policy subject to any of the following laws: (A) The Arkansas Insurance Code; (B) Section 23-74-101 et seq., relating to fraternal benefit societies; (C) Section 23-75-101 et seq., pertaining to hospital medical service corporations; (D) Section 23-76-101 et seq., pertaining to health maintenance organizations; and (E) Any successor law of the foregoing; and (3) "Health insurance policy" means a group insurance policy, contract, or plan or an individual policy, contract, or plan which provides medical coverage on an expense incurred, service, or prepaid risk-sharing basis. The term includes, but is not limited to, a policy, contract, or plan issued by an entity subject to any of the following laws: (A) The Arkansas Insurance Code; (B) Section 23-74-101 et seq., relating to fraternal benefit societies; (C) Section 23-75-101 et seq., pertaining to hospital medical service corporations; (D) Section 23-76-101 et seq., pertaining to health maintenance organizations; and (E) Any successor law of the foregoing. Acts 1997, No. 1249, § 1.

As used in this subchapter:

(1) "Diabetes self-management training" means instruction in an inpatient or outpatient setting including medical nutrition therapy relating to diet, caloric intake and diabetes management, excluding programs the primary purposes of which are weight reduction, which enables diabetic patients to understand the diabetic management process and daily management of diabetic therapy as a method of avoiding frequent hospitalizations and complications when the instruction is provided in accordance with a program in compliance with the National Standards for Diabetes Self-Management Education and Support as developed by the American Diabetes Association;

(2) "Healthcare insurer" means any insurance company, fraternal benefit society, hospital and medical services corporation, or health maintenance organization issuing or delivering a health insurance policy subject to any of the following laws: (A) The Arkansas Insurance Code; (B) Section 23-74-101 et seq., relating to fraternal benefit societies; (C) Section 23-75-101 et seq., pertaining to hospital medical service corporations; (D) Section 23-76-101 et seq., pertaining to health maintenance organizations; and (E) Any successor law of the foregoing; and

(A) The Arkansas Insurance Code;

(B) Section 23-74-101 et seq., relating to fraternal benefit societies;

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

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

(E) Any successor law of the foregoing; and

(3) "Health insurance policy" means a group insurance policy, contract, or plan or an individual policy, contract, or plan which provides medical coverage on an expense incurred, service, or prepaid risk-sharing basis. The term includes, but is not limited to, a policy, contract, or plan issued by an entity subject to any of the following laws: (A) The Arkansas Insurance Code; (B) Section 23-74-101 et seq., relating to fraternal benefit societies; (C) Section 23-75-101 et seq., pertaining to hospital medical service corporations; (D) Section 23-76-101 et seq., pertaining to health maintenance organizations; and (E) Any successor law of the foregoing.

(A) The Arkansas Insurance Code;

(B) Section 23-74-101 et seq., relating to fraternal benefit societies;

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

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

(E) Any successor law of the foregoing.

Acts 1997, No. 1249, § 1.
Ark. Code Ann. § 23-113-304 — AR Code / Title 23 / Chapter 113 / Subchapter 3 / Section 23-113-304
Hearings
Status: in_force

(a) (1) If any franchise holder or other person is aggrieved by any action of the Arkansas Racing Commission, the franchise holder or other person shall be entitled to a hearing by the commission. (2) The hearings shall be conducted in accordance with the rules and procedures governing other commission hearings. (b) (1) At the conclusion of the hearing, the commission shall make its findings to be the basis for the action taken by the commission. (2) The findings and orders of the commission shall be subject to review in Pulaski County Circuit Court, from which an appeal may be taken to the Supreme Court. Acts 2005, No. 1151, § 1.

(a) (1) If any franchise holder or other person is aggrieved by any action of the Arkansas Racing Commission, the franchise holder or other person shall be entitled to a hearing by the commission. (2) The hearings shall be conducted in accordance with the rules and procedures governing other commission hearings.

(1) If any franchise holder or other person is aggrieved by any action of the Arkansas Racing Commission, the franchise holder or other person shall be entitled to a hearing by the commission.

(2) The hearings shall be conducted in accordance with the rules and procedures governing other commission hearings.

(b) (1) At the conclusion of the hearing, the commission shall make its findings to be the basis for the action taken by the commission. (2) The findings and orders of the commission shall be subject to review in Pulaski County Circuit Court, from which an appeal may be taken to the Supreme Court.

(1) At the conclusion of the hearing, the commission shall make its findings to be the basis for the action taken by the commission.

(2) The findings and orders of the commission shall be subject to review in Pulaski County Circuit Court, from which an appeal may be taken to the Supreme Court.

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-12-708 — AR Code / Title 23 / Chapter 12 / Subchapter 7 / Section 23-12-708
Drinking or drunkenness in public places - Arrests by railroad conductors
Status: in_force

(a) (1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212 , and to arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company. (2) Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law. (3) If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law. (4) When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest. (b) All conductors on trains running in this state are authorized and empowered to act in the capacity of peace officers on their respective trains in this state for the specific purpose only to arrest any and all persons on their respective trains that they find to be drunk or in an intoxicated condition and deliver those persons, together with the names of two (2) witnesses who are not railroad employees, to some peace officer at first available opportunity. The conductor is authorized and empowered to deputize any person or persons present to assist him or her in the performance of this duty. Acts 1909, No. 44, § 3, p. 99; C. & M. Dig., §§ 946, 3358; Acts 1935, No. 108, § 11; Pope's Dig., §§ 1150, 4206, 14144; A.S.A. 1947, §§ 48-944, 73-1214.

(a) (1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212 , and to arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company. (2) Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law. (3) If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law. (4) When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest.

(1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212 , and to arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company.

(2) Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law.

(3) If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law.

(4) When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest.

(b) All conductors on trains running in this state are authorized and empowered to act in the capacity of peace officers on their respective trains in this state for the specific purpose only to arrest any and all persons on their respective trains that they find to be drunk or in an intoxicated condition and deliver those persons, together with the names of two (2) witnesses who are not railroad employees, to some peace officer at first available opportunity. The conductor is authorized and empowered to deputize any person or persons present to assist him or her in the performance of this duty.

Acts 1909, No. 44, § 3, p. 99; C. & M. Dig., §§ 946, 3358; Acts 1935, No. 108, § 11; Pope's Dig., §§ 1150, 4206, 14144; A.S.A. 1947, §§ 48-944, 73-1214.
Ark. Code Ann. § 23-47-904 — AR Code / Title 23 / Chapter 47 / Subchapter 9 / Section 23-47-904
Limiting right of access for failure to comply with security procedures
Status: in_force

If any lessee is unwilling or unable to comply with any of the bank's normal requirements or procedures in connection with access to a safe-deposit box relating to security, safety, or protection, the bank has the right to limit or deny access to the safe-deposit box by that lessee unless all lessees of the safe-deposit box take such action as is necessary to ensure reasonable compliance with the security, safety, or protection requirements or procedures. Acts 1997, No. 89, § 1.

If any lessee is unwilling or unable to comply with any of the bank's normal requirements or procedures in connection with access to a safe-deposit box relating to security, safety, or protection, the bank has the right to limit or deny access to the safe-deposit box by that lessee unless all lessees of the safe-deposit box take such action as is necessary to ensure reasonable compliance with the security, safety, or protection requirements or procedures.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-79-106 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-106
Application - Use as evidence - Alteration
Status: in_force

(a) No application for the issuance of any life or accident and health insurance policy or annuity contract shall be admissible in evidence in any action relative to the policy or contract unless a true copy of those portions of the application signed by the applicant was attached to, or otherwise made a part of, the policy or contract when issued. (b) (1) If any policy of life or accident and health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for reinstatement or renewal, the insurer, within thirty (30) days after receipt of the request at its home office or at any of its branch offices, shall deliver or mail to the person making the request a copy of the application. (2) If the copy is not delivered or mailed after having been requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. (3) In the case of a request from a beneficiary, the time within which the insurer is required to furnish a copy of the application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract. (c) No alteration of any written application for any life or accident and health insurance policy shall be made by any person other than the applicant without his or her written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that the insertions are not to be ascribed to the applicant. Acts 1959, No. 148, § 274; A.S.A. 1947, § 66-3207; Acts 2001, No. 1604, § 81.

(a) No application for the issuance of any life or accident and health insurance policy or annuity contract shall be admissible in evidence in any action relative to the policy or contract unless a true copy of those portions of the application signed by the applicant was attached to, or otherwise made a part of, the policy or contract when issued.

(b) (1) If any policy of life or accident and health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for reinstatement or renewal, the insurer, within thirty (30) days after receipt of the request at its home office or at any of its branch offices, shall deliver or mail to the person making the request a copy of the application. (2) If the copy is not delivered or mailed after having been requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. (3) In the case of a request from a beneficiary, the time within which the insurer is required to furnish a copy of the application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract.

(1) If any policy of life or accident and health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for reinstatement or renewal, the insurer, within thirty (30) days after receipt of the request at its home office or at any of its branch offices, shall deliver or mail to the person making the request a copy of the application.

(2) If the copy is not delivered or mailed after having been requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.

(3) In the case of a request from a beneficiary, the time within which the insurer is required to furnish a copy of the application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract.

(c) No alteration of any written application for any life or accident and health insurance policy shall be made by any person other than the applicant without his or her written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that the insertions are not to be ascribed to the applicant.

Acts 1959, No. 148, § 274; A.S.A. 1947, § 66-3207; Acts 2001, No. 1604, § 81.
Ark. Code Ann. § 23-19-202 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-202
Definitions
Status: in_force

As used in this subchapter: (1) "Access to video service" means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or the service is provided at the address; (2) "Books and records" includes without limitation: (A) Records kept in the regular course of business and that are not limited to accounting records; (B) Billing detail records; and (C) Tax billing detail records; (3) "Cable service" means the same as defined in 47 U.S.C. § 522 , as it existed on January 1, 2013; (4) "Certificate of franchise authority" means a certificate issued by the Secretary of State to a video service provider under this subchapter; (5) (A) (i) "Franchise" means the same as defined in 47 U.S.C. § 522 , as it existed on January 1, 2013. (ii) A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542 , as it existed on January 1, 2013. (B) "Franchise" also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision; (6) "Franchising entity" means this state or a city or county in this state authorized by state or federal law to grant a franchise; (7) "Governing body" means the city council or the county quorum court of a political subdivision; (8) "Incumbent video service provider" means a person that provides cable or video service and holds a franchise issued by a political subdivision before July 1, 2013; (9) "Nonincumbent video service provider" means: (A) A person authorized under this subchapter to provide video service in an area in which video service is being provided by an incumbent video service provider; (B) A person authorized under this subchapter to provide service in a geographical area in which on July 1, 2013, there was no incumbent video service provider providing video service; or (C) Any other person that provides video service after March 6, 2013, that is not an incumbent video service provider; (10) "Political subdivision" means a city, county, or other governmental entity of the state having maintenance and operation responsibility over the public rights-of-way in a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity; (11) "Public rights-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement dedicated for compatible uses; (12) "Service area" means contiguous geographical territory in the state where a video service provider may provide video service under a certificate of franchise authority; (13) "Service tier" means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider; (14) (A) "Subscriber" means a person in this state that buys video service. (B) "Subscriber" does not include a person that buys video service for resale and that, on resale, is required to pay a video service provider fee under this subchapter or under the terms of a franchise with a political subdivision; (15) (A) "Video service" means the delivery of video programming by a video service provider to subscribers in which: (i) The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including internet protocol technologies; and (ii) The service is provided primarily through equipment or facilities owned, controlled, constructed, or operated by the video service provider and located in whole or in part in, on, under, or over any public right-of-way. (B) "Video service" includes cable service and video service delivered by a community antenna television system. (C) "Video service" excludes video programming: (i) Provided to persons: (a) In their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d) , as it existed on January 1, 2013; or (b) By means of direct-to-home satellite services as defined in 47 U.S.C. § 303(v) , as it existed on January 1, 2023, that are transmitted from a satellite directly to a customer's premises without using or accessing any portion of the public right-of-way; or (ii) Accessed via a service that enables end users to access content, information, electronic mail, or other services offered over the public internet, including streaming content; (16) "Video service provider" means a provider of video service, including without limitation a cable service provider, an incumbent video service provider, and a nonincumbent video service provider; and (17) "Video service provider fee" means the amount paid by a video service provider to a political subdivision under § 23-19-206 . Amended by Act 2023, No. 288,§ 1, eff. 8/1/2023. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

As used in this subchapter:

(1) "Access to video service" means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or the service is provided at the address;

(2) "Books and records" includes without limitation: (A) Records kept in the regular course of business and that are not limited to accounting records; (B) Billing detail records; and (C) Tax billing detail records;

(A) Records kept in the regular course of business and that are not limited to accounting records;

(B) Billing detail records; and

(C) Tax billing detail records;

(3) "Cable service" means the same as defined in 47 U.S.C. § 522 , as it existed on January 1, 2013;

(4) "Certificate of franchise authority" means a certificate issued by the Secretary of State to a video service provider under this subchapter;

(5) (A) (i) "Franchise" means the same as defined in 47 U.S.C. § 522 , as it existed on January 1, 2013. (ii) A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542 , as it existed on January 1, 2013. (B) "Franchise" also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision;

(A) (i) "Franchise" means the same as defined in 47 U.S.C. § 522 , as it existed on January 1, 2013. (ii) A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542 , as it existed on January 1, 2013.

(i) "Franchise" means the same as defined in 47 U.S.C. § 522 , as it existed on January 1, 2013.

(ii) A certificate of franchise issued under § 23-19-203 shall constitute a franchise for the purpose of 47 U.S.C. § 542 , as it existed on January 1, 2013.

(B) "Franchise" also means any agreement between a video service provider and a political subdivision under which a video service provider is authorized or otherwise permitted to provide video service in the political subdivision;

(6) "Franchising entity" means this state or a city or county in this state authorized by state or federal law to grant a franchise;

(7) "Governing body" means the city council or the county quorum court of a political subdivision;

(8) "Incumbent video service provider" means a person that provides cable or video service and holds a franchise issued by a political subdivision before July 1, 2013;

(9) "Nonincumbent video service provider" means: (A) A person authorized under this subchapter to provide video service in an area in which video service is being provided by an incumbent video service provider; (B) A person authorized under this subchapter to provide service in a geographical area in which on July 1, 2013, there was no incumbent video service provider providing video service; or (C) Any other person that provides video service after March 6, 2013, that is not an incumbent video service provider;

(A) A person authorized under this subchapter to provide video service in an area in which video service is being provided by an incumbent video service provider;

(B) A person authorized under this subchapter to provide service in a geographical area in which on July 1, 2013, there was no incumbent video service provider providing video service; or

(C) Any other person that provides video service after March 6, 2013, that is not an incumbent video service provider;

(10) "Political subdivision" means a city, county, or other governmental entity of the state having maintenance and operation responsibility over the public rights-of-way in a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity;

(11) "Public rights-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement dedicated for compatible uses;

(12) "Service area" means contiguous geographical territory in the state where a video service provider may provide video service under a certificate of franchise authority;

(13) "Service tier" means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider;

(14) (A) "Subscriber" means a person in this state that buys video service. (B) "Subscriber" does not include a person that buys video service for resale and that, on resale, is required to pay a video service provider fee under this subchapter or under the terms of a franchise with a political subdivision;

(A) "Subscriber" means a person in this state that buys video service.

(B) "Subscriber" does not include a person that buys video service for resale and that, on resale, is required to pay a video service provider fee under this subchapter or under the terms of a franchise with a political subdivision;

(15) (A) "Video service" means the delivery of video programming by a video service provider to subscribers in which: (i) The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including internet protocol technologies; and (ii) The service is provided primarily through equipment or facilities owned, controlled, constructed, or operated by the video service provider and located in whole or in part in, on, under, or over any public right-of-way. (B) "Video service" includes cable service and video service delivered by a community antenna television system. (C) "Video service" excludes video programming: (i) Provided to persons: (a) In their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d) , as it existed on January 1, 2013; or (b) By means of direct-to-home satellite services as defined in 47 U.S.C. § 303(v) , as it existed on January 1, 2023, that are transmitted from a satellite directly to a customer's premises without using or accessing any portion of the public right-of-way; or (ii) Accessed via a service that enables end users to access content, information, electronic mail, or other services offered over the public internet, including streaming content;

(A) "Video service" means the delivery of video programming by a video service provider to subscribers in which: (i) The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including internet protocol technologies; and (ii) The service is provided primarily through equipment or facilities owned, controlled, constructed, or operated by the video service provider and located in whole or in part in, on, under, or over any public right-of-way.

(i) The video programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service, or digital television service, without regard to the technology used to deliver the video service, including internet protocol technologies; and

(ii) The service is provided primarily through equipment or facilities owned, controlled, constructed, or operated by the video service provider and located in whole or in part in, on, under, or over any public right-of-way.

(B) "Video service" includes cable service and video service delivered by a community antenna television system.

(C) "Video service" excludes video programming: (i) Provided to persons: (a) In their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d) , as it existed on January 1, 2013; or (b) By means of direct-to-home satellite services as defined in 47 U.S.C. § 303(v) , as it existed on January 1, 2023, that are transmitted from a satellite directly to a customer's premises without using or accessing any portion of the public right-of-way; or (ii) Accessed via a service that enables end users to access content, information, electronic mail, or other services offered over the public internet, including streaming content;

(i) Provided to persons: (a) In their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d) , as it existed on January 1, 2013; or (b) By means of direct-to-home satellite services as defined in 47 U.S.C. § 303(v) , as it existed on January 1, 2023, that are transmitted from a satellite directly to a customer's premises without using or accessing any portion of the public right-of-way; or

(a) In their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. § 332(d) , as it existed on January 1, 2013; or

(b) By means of direct-to-home satellite services as defined in 47 U.S.C. § 303(v) , as it existed on January 1, 2023, that are transmitted from a satellite directly to a customer's premises without using or accessing any portion of the public right-of-way; or

(ii) Accessed via a service that enables end users to access content, information, electronic mail, or other services offered over the public internet, including streaming content;

(16) "Video service provider" means a provider of video service, including without limitation a cable service provider, an incumbent video service provider, and a nonincumbent video service provider; and

(17) "Video service provider fee" means the amount paid by a video service provider to a political subdivision under § 23-19-206 .

Amended by Act 2023, No. 288,§ 1, eff. 8/1/2023.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Ark. Code Ann. § 23-81-303 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-303
Nonforfeiture requirements
Status: in_force

(a) In the case of contracts issued on or after the operative date of this subchapter as defined in § 23-81-312 , no contract of annuity, except as stated in § 23-81-302 , shall be delivered or issued for delivery in this state unless it contains in substance the following provisions or corresponding provisions, which in the opinion of the Insurance Commissioner are at least as favorable to the contract holder, upon cessation of payment of considerations under the contract: (1) That upon cessation of payment of considerations under a contract or upon the written request of the contract owner, the insurer will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in §§ 23-81-305 - 23-81-308 and 23-81-310 ; (2) (A) If a contract provides for a lump-sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the insurer will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in §§ 23-81-305 , 23-81-306 , 23-81-308 , and 23-81-310 . (B) The insurer may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability of the deferral to all policyholders; (3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender, or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and (4) A statement that any paid-up annuity, cash surrender, or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the insurer to the contract, any indebtedness to the insurer on the contract, or any prior withdrawals from or partial surrenders of the contract. (b) Notwithstanding the requirements of this section, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of two (2) full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from consideration paid prior to the period would be less than twenty dollars ($20.00) monthly, the insurer may at its option terminate the contract by payment in cash of the then-present value of the portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by the payment shall be relieved of any further obligation under the contract. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1; Acts 2005, No. 506, § 41.

(a) In the case of contracts issued on or after the operative date of this subchapter as defined in § 23-81-312 , no contract of annuity, except as stated in § 23-81-302 , shall be delivered or issued for delivery in this state unless it contains in substance the following provisions or corresponding provisions, which in the opinion of the Insurance Commissioner are at least as favorable to the contract holder, upon cessation of payment of considerations under the contract: (1) That upon cessation of payment of considerations under a contract or upon the written request of the contract owner, the insurer will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in §§ 23-81-305 - 23-81-308 and 23-81-310 ; (2) (A) If a contract provides for a lump-sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the insurer will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in §§ 23-81-305 , 23-81-306 , 23-81-308 , and 23-81-310 . (B) The insurer may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability of the deferral to all policyholders; (3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender, or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and (4) A statement that any paid-up annuity, cash surrender, or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the insurer to the contract, any indebtedness to the insurer on the contract, or any prior withdrawals from or partial surrenders of the contract.

(1) That upon cessation of payment of considerations under a contract or upon the written request of the contract owner, the insurer will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in §§ 23-81-305 - 23-81-308 and 23-81-310 ;

(2) (A) If a contract provides for a lump-sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the insurer will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in §§ 23-81-305 , 23-81-306 , 23-81-308 , and 23-81-310 . (B) The insurer may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability of the deferral to all policyholders;

(A) If a contract provides for a lump-sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the insurer will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in §§ 23-81-305 , 23-81-306 , 23-81-308 , and 23-81-310 .

(B) The insurer may reserve the right to defer the payment of the cash surrender benefit for a period not to exceed six (6) months after demand therefor with surrender of the contract after making written request and receiving written approval of the commissioner. The request shall address the necessity and equitability of the deferral to all policyholders;

(3) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender, or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of the benefits; and

(4) A statement that any paid-up annuity, cash surrender, or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the insurer to the contract, any indebtedness to the insurer on the contract, or any prior withdrawals from or partial surrenders of the contract.

(b) Notwithstanding the requirements of this section, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of two (2) full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from consideration paid prior to the period would be less than twenty dollars ($20.00) monthly, the insurer may at its option terminate the contract by payment in cash of the then-present value of the portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by the payment shall be relieved of any further obligation under the contract.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1; Acts 2005, No. 506, § 41.
Ark. Code Ann. § 23-92-410 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-410
Issuance, refusal, suspension, or revocation of license - Grounds and procedure
Status: in_force

(a) The Insurance Commissioner shall issue a license as a professional employer organization to any person who qualifies for the license under the terms of this subchapter. (b) In addition, the commissioner may refuse to issue a license to any person, may suspend or revoke the license of any professional employer organization, or impose administrative fines as provided for in this subchapter when the commissioner finds: (1) That the licensee or applicant has violated any of the provisions of this subchapter, the rules or other orders lawfully promulgated by the commissioner, or the conditions of financial assurances required by this subchapter; (2) That the licensee or applicant has engaged in a fraudulent, deceptive, or dishonest practice; or (3) For good and sufficient cause, that the licensee or applicant is unfit to be a professional employer organization within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the commissioner. (c) The commissioner may not refuse to issue a license or suspend or revoke a license unless he or she furnishes the professional employer organization with a written statement of the charges against it and affords it an opportunity to be heard on the charges. Amended by Act 2019, No. 315,§ 2777, eff. 7/24/2019. Acts 2003, No. 1750, § 1.

(a) The Insurance Commissioner shall issue a license as a professional employer organization to any person who qualifies for the license under the terms of this subchapter.

(b) In addition, the commissioner may refuse to issue a license to any person, may suspend or revoke the license of any professional employer organization, or impose administrative fines as provided for in this subchapter when the commissioner finds: (1) That the licensee or applicant has violated any of the provisions of this subchapter, the rules or other orders lawfully promulgated by the commissioner, or the conditions of financial assurances required by this subchapter; (2) That the licensee or applicant has engaged in a fraudulent, deceptive, or dishonest practice; or (3) For good and sufficient cause, that the licensee or applicant is unfit to be a professional employer organization within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the commissioner.

(1) That the licensee or applicant has violated any of the provisions of this subchapter, the rules or other orders lawfully promulgated by the commissioner, or the conditions of financial assurances required by this subchapter;

(2) That the licensee or applicant has engaged in a fraudulent, deceptive, or dishonest practice; or

(3) For good and sufficient cause, that the licensee or applicant is unfit to be a professional employer organization within the meaning of this subchapter or of any of the rules or orders lawfully promulgated by the commissioner.

(c) The commissioner may not refuse to issue a license or suspend or revoke a license unless he or she furnishes the professional employer organization with a written statement of the charges against it and affords it an opportunity to be heard on the charges.

Amended by Act 2019, No. 315,§ 2777, eff. 7/24/2019.

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-78-102 — AR Code / Title 23 / Chapter 78 / Section 23-78-102
Applicability
Status: in_force

(a) (1) All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to engage in their business. (2) A burial association under subdivision (a)(1) of this section shall be subject to the supervision, authority, and control of the board and subject to all the provisions of this chapter. (b) All burial associations organized in this state from and after February 18, 1953, shall organize exclusively under the provisions of this chapter and shall be subject to the authority, control, and supervision of the board and to all of the provisions of this chapter. Amended by Act 2017, No. 788,§ 68, eff. 7/1/2018. Acts 1953, No. 91, § 7; A.S.A. 1947, § 66-1807.

(a) (1) All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to engage in their business. (2) A burial association under subdivision (a)(1) of this section shall be subject to the supervision, authority, and control of the board and subject to all the provisions of this chapter.

(1) All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to engage in their business.

(2) A burial association under subdivision (a)(1) of this section shall be subject to the supervision, authority, and control of the board and subject to all the provisions of this chapter.

(b) All burial associations organized in this state from and after February 18, 1953, shall organize exclusively under the provisions of this chapter and shall be subject to the authority, control, and supervision of the board and to all of the provisions of this chapter.

Amended by Act 2017, No. 788,§ 68, eff. 7/1/2018.

Acts 1953, No. 91, § 7; A.S.A. 1947, § 66-1807.
Ark. Code Ann. § 23-69-142 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-142
Mergers and consolidations and acquisition by exchange of stock - Definition
Status: in_force

(a) (1) A domestic stock insurer may merge or consolidate with one (1) or more domestic or foreign stock insurers authorized to transact insurance in this state by complying with the other applicable provisions of this chapter and subject to subsections (a) and (b) of this section. (2) Further, any domestic stock insurance company may adopt a plan of exchange of the outstanding stock of its stockholders for the consideration herein designated to be paid or provided by a person that acquires the stock in the manner provided in this chapter by complying with the other applicable provisions of this chapter, subject to subsections (a) and (b) of this section. (3) As consideration for the stock of a domestic insurer, the plan of exchange may provide that the acquiring person: (A) Transfer shares of its stock; (B) Transfer other securities issued by it; (C) Pay cash therefor; (D) Pay or provide other consideration; or (E) Pay or provide any combination of the foregoing types of consideration. (b) (1) As used in this section and §§ 23-69-146 and 23-69-147 , "acquiring person" means any individual, any stock insurance corporation incorporated under the Arkansas Insurance Code or under prior laws of this state relating to the incorporation of domestic insurance corporations, any stock corporation incorporated under the Arkansas Business Corporation Act, § 4-26-101 et seq., or under prior laws of this state authorizing the establishment of business corporations and any foreign or alien stock corporation qualified to do business in Arkansas, and any foreign or alien stock insurance company authorized to do business in Arkansas. (2) "Acquiring person" shall also be deemed to include a depository institution or any affiliate thereof as appropriate under applicable federal law. (c) (1) (A) No merger or consolidation or exchange of stock shall be effectuated unless the plan or agreement has been filed in advance with the Insurance Commissioner and approved in writing by him or her after a hearing thereon. (B) (i) With regard to proposed affiliations between a depository institution, or any affiliate, and an insurer, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and these orders shall be final upon entry, pursuant to federal law. (ii) Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period. (2) The Insurance Commissioner shall give approval within a reasonable time after the filing unless he or she finds that the plan or agreement: (A) Is contrary to law; (B) Is inequitable to the stockholders of any domestic insurer involved; or (C) Would substantially reduce the security of and service to be rendered to policyholders of the domestic insurer in this state or elsewhere. (3) In reviewing any plan or agreement, the Insurance Commissioner may consider whether any proposed owner, purchaser, director, or officer of the acquiring party was subject to: (A) Any conviction for any felony or misdemeanor, other than minor traffic violations, during the past twenty (20) years; (B) A misconduct order by a regulatory agency or a court of competent jurisdiction or was found to be in violation of any insurance laws by a misconduct order of the Insurance Commissioner or of another state's insurance commissioner; (C) An order by a regulatory agency or a court of competent jurisdiction and was found to have committed any unfair insurance trade practice or fraud; or (D) Having an insurance producer license or its equivalent denied, suspended, or revoked in any other state, province, district, or territory or foreign or alien country. (d) No director, officer, agent, or employee of any insurer party to merger, consolidation, or exchange of stock shall receive any fee, commission, compensation, or other valuable consideration whatsoever for in any manner aiding, promoting, or assisting therein except as set forth in the plan or agreement. (e) If the Insurance Commissioner does not approve a plan or agreement, he or she shall so notify the insurer in writing specifying his or her reasons therefor. (f) If any domestic insurer involved in the proposed merger, consolidation, or exchange of stock is authorized to transact insurance also in other states, the Insurance Commissioner may request the insurance commissioner, director of insurance, superintendent of insurance, or other similar public insurance supervisory official of the two (2) other states in which the insurer has in force the larger amounts of insurance, to participate in the hearing provided for under subsection (c) of this section, with full right to examine all witnesses and evidence and to offer to the Insurance Commissioner such pertinent information and suggestions as they may deem proper. (g) Any plan or proposal through which one (1) insurer or other acquiring person acquires or proposes to acquire a controlling interest of the capital stock of the domestic insurer is deemed to be a plan or proposal of merger, consolidation, or exchange of stock for purposes of this section and is subject to the requirements of subsections (c)-(f) of this section. Acts 1971, No. 301, § 1; 1979, No. 942, § 11; A.S.A. 1947, § 66-4245; Acts 2001, No. 1604, §§ 61, 62; 2003, No. 1400, § 1.

(a) (1) A domestic stock insurer may merge or consolidate with one (1) or more domestic or foreign stock insurers authorized to transact insurance in this state by complying with the other applicable provisions of this chapter and subject to subsections (a) and (b) of this section. (2) Further, any domestic stock insurance company may adopt a plan of exchange of the outstanding stock of its stockholders for the consideration herein designated to be paid or provided by a person that acquires the stock in the manner provided in this chapter by complying with the other applicable provisions of this chapter, subject to subsections (a) and (b) of this section. (3) As consideration for the stock of a domestic insurer, the plan of exchange may provide that the acquiring person: (A) Transfer shares of its stock; (B) Transfer other securities issued by it; (C) Pay cash therefor; (D) Pay or provide other consideration; or (E) Pay or provide any combination of the foregoing types of consideration.

(1) A domestic stock insurer may merge or consolidate with one (1) or more domestic or foreign stock insurers authorized to transact insurance in this state by complying with the other applicable provisions of this chapter and subject to subsections (a) and (b) of this section.

(2) Further, any domestic stock insurance company may adopt a plan of exchange of the outstanding stock of its stockholders for the consideration herein designated to be paid or provided by a person that acquires the stock in the manner provided in this chapter by complying with the other applicable provisions of this chapter, subject to subsections (a) and (b) of this section.

(3) As consideration for the stock of a domestic insurer, the plan of exchange may provide that the acquiring person: (A) Transfer shares of its stock; (B) Transfer other securities issued by it; (C) Pay cash therefor; (D) Pay or provide other consideration; or (E) Pay or provide any combination of the foregoing types of consideration.

(A) Transfer shares of its stock;

(B) Transfer other securities issued by it;

(C) Pay cash therefor;

(D) Pay or provide other consideration; or

(E) Pay or provide any combination of the foregoing types of consideration.

(b) (1) As used in this section and §§ 23-69-146 and 23-69-147 , "acquiring person" means any individual, any stock insurance corporation incorporated under the Arkansas Insurance Code or under prior laws of this state relating to the incorporation of domestic insurance corporations, any stock corporation incorporated under the Arkansas Business Corporation Act, § 4-26-101 et seq., or under prior laws of this state authorizing the establishment of business corporations and any foreign or alien stock corporation qualified to do business in Arkansas, and any foreign or alien stock insurance company authorized to do business in Arkansas. (2) "Acquiring person" shall also be deemed to include a depository institution or any affiliate thereof as appropriate under applicable federal law.

(1) As used in this section and §§ 23-69-146 and 23-69-147 , "acquiring person" means any individual, any stock insurance corporation incorporated under the Arkansas Insurance Code or under prior laws of this state relating to the incorporation of domestic insurance corporations, any stock corporation incorporated under the Arkansas Business Corporation Act, § 4-26-101 et seq., or under prior laws of this state authorizing the establishment of business corporations and any foreign or alien stock corporation qualified to do business in Arkansas, and any foreign or alien stock insurance company authorized to do business in Arkansas.

(2) "Acquiring person" shall also be deemed to include a depository institution or any affiliate thereof as appropriate under applicable federal law.

(c) (1) (A) No merger or consolidation or exchange of stock shall be effectuated unless the plan or agreement has been filed in advance with the Insurance Commissioner and approved in writing by him or her after a hearing thereon. (B) (i) With regard to proposed affiliations between a depository institution, or any affiliate, and an insurer, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and these orders shall be final upon entry, pursuant to federal law. (ii) Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period. (2) The Insurance Commissioner shall give approval within a reasonable time after the filing unless he or she finds that the plan or agreement: (A) Is contrary to law; (B) Is inequitable to the stockholders of any domestic insurer involved; or (C) Would substantially reduce the security of and service to be rendered to policyholders of the domestic insurer in this state or elsewhere. (3) In reviewing any plan or agreement, the Insurance Commissioner may consider whether any proposed owner, purchaser, director, or officer of the acquiring party was subject to: (A) Any conviction for any felony or misdemeanor, other than minor traffic violations, during the past twenty (20) years; (B) A misconduct order by a regulatory agency or a court of competent jurisdiction or was found to be in violation of any insurance laws by a misconduct order of the Insurance Commissioner or of another state's insurance commissioner; (C) An order by a regulatory agency or a court of competent jurisdiction and was found to have committed any unfair insurance trade practice or fraud; or (D) Having an insurance producer license or its equivalent denied, suspended, or revoked in any other state, province, district, or territory or foreign or alien country.

(1) (A) No merger or consolidation or exchange of stock shall be effectuated unless the plan or agreement has been filed in advance with the Insurance Commissioner and approved in writing by him or her after a hearing thereon. (B) (i) With regard to proposed affiliations between a depository institution, or any affiliate, and an insurer, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and these orders shall be final upon entry, pursuant to federal law. (ii) Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period.

(A) No merger or consolidation or exchange of stock shall be effectuated unless the plan or agreement has been filed in advance with the Insurance Commissioner and approved in writing by him or her after a hearing thereon.

(B) (i) With regard to proposed affiliations between a depository institution, or any affiliate, and an insurer, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and these orders shall be final upon entry, pursuant to federal law. (ii) Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period.

(i) With regard to proposed affiliations between a depository institution, or any affiliate, and an insurer, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and these orders shall be final upon entry, pursuant to federal law.

(ii) Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period.

(2) The Insurance Commissioner shall give approval within a reasonable time after the filing unless he or she finds that the plan or agreement: (A) Is contrary to law; (B) Is inequitable to the stockholders of any domestic insurer involved; or (C) Would substantially reduce the security of and service to be rendered to policyholders of the domestic insurer in this state or elsewhere.

(A) Is contrary to law;

(B) Is inequitable to the stockholders of any domestic insurer involved; or

(C) Would substantially reduce the security of and service to be rendered to policyholders of the domestic insurer in this state or elsewhere.

(3) In reviewing any plan or agreement, the Insurance Commissioner may consider whether any proposed owner, purchaser, director, or officer of the acquiring party was subject to: (A) Any conviction for any felony or misdemeanor, other than minor traffic violations, during the past twenty (20) years; (B) A misconduct order by a regulatory agency or a court of competent jurisdiction or was found to be in violation of any insurance laws by a misconduct order of the Insurance Commissioner or of another state's insurance commissioner; (C) An order by a regulatory agency or a court of competent jurisdiction and was found to have committed any unfair insurance trade practice or fraud; or (D) Having an insurance producer license or its equivalent denied, suspended, or revoked in any other state, province, district, or territory or foreign or alien country.

(A) Any conviction for any felony or misdemeanor, other than minor traffic violations, during the past twenty (20) years;

(B) A misconduct order by a regulatory agency or a court of competent jurisdiction or was found to be in violation of any insurance laws by a misconduct order of the Insurance Commissioner or of another state's insurance commissioner;

(C) An order by a regulatory agency or a court of competent jurisdiction and was found to have committed any unfair insurance trade practice or fraud; or

(D) Having an insurance producer license or its equivalent denied, suspended, or revoked in any other state, province, district, or territory or foreign or alien country.

(d) No director, officer, agent, or employee of any insurer party to merger, consolidation, or exchange of stock shall receive any fee, commission, compensation, or other valuable consideration whatsoever for in any manner aiding, promoting, or assisting therein except as set forth in the plan or agreement.

(e) If the Insurance Commissioner does not approve a plan or agreement, he or she shall so notify the insurer in writing specifying his or her reasons therefor.

(f) If any domestic insurer involved in the proposed merger, consolidation, or exchange of stock is authorized to transact insurance also in other states, the Insurance Commissioner may request the insurance commissioner, director of insurance, superintendent of insurance, or other similar public insurance supervisory official of the two (2) other states in which the insurer has in force the larger amounts of insurance, to participate in the hearing provided for under subsection (c) of this section, with full right to examine all witnesses and evidence and to offer to the Insurance Commissioner such pertinent information and suggestions as they may deem proper.

(g) Any plan or proposal through which one (1) insurer or other acquiring person acquires or proposes to acquire a controlling interest of the capital stock of the domestic insurer is deemed to be a plan or proposal of merger, consolidation, or exchange of stock for purposes of this section and is subject to the requirements of subsections (c)-(f) of this section.

Acts 1971, No. 301, § 1; 1979, No. 942, § 11; A.S.A. 1947, § 66-4245; Acts 2001, No. 1604, §§ 61, 62; 2003, No. 1400, § 1.
Ark. Code Ann. § 23-12-102 — AR Code / Title 23 / Chapter 12 / Subchapter 1 / Section 23-12-102
Inspection of railroads by department
Status: in_force

The Arkansas Department of Transportation shall carefully examine the condition of the railroads of this state as often as the department considers necessary. Amended by Act 2017, No. 707,§ 170, eff. 8/1/2017. Acts 1909, No. 163, § 1, p. 502; C. & M. Dig., § 1633; Pope's Dig., § 1954; A.S.A. 1947, § 73-613.

The Arkansas Department of Transportation shall carefully examine the condition of the railroads of this state as often as the department considers necessary.

Amended by Act 2017, No. 707,§ 170, eff. 8/1/2017.

Acts 1909, No. 163, § 1, p. 502; C. & M. Dig., § 1633; Pope's Dig., § 1954; A.S.A. 1947, § 73-613.
Ark. Code Ann. § 23-10-210 — AR Code / Title 23 / Chapter 10 / Subchapter 2 / Section 23-10-210
Bicycles transported as baggage
Status: in_force

(a) Bicycles are declared to be baggage and shall be checked and transported as baggage for passengers by all railway companies operating in this state and be subject to the same charges and liabilities as other baggage. However, no passenger shall be required to crate, cover, or otherwise protect any such bicycle, and railway companies shall be responsible for the bicycle in the same manner as all other baggage. (b) Under the provisions of this section, no railroad corporation shall be required to transport more than one (1) bicycle for a single individual in addition to any other baggage as shall bring the whole within the lawful weight limit. Acts 1897, No. 23, § 1, p. 30; C. & M. Dig., § 971; Pope's Dig., § 1175; A.S.A. 1947, § 73-1225.

(a) Bicycles are declared to be baggage and shall be checked and transported as baggage for passengers by all railway companies operating in this state and be subject to the same charges and liabilities as other baggage. However, no passenger shall be required to crate, cover, or otherwise protect any such bicycle, and railway companies shall be responsible for the bicycle in the same manner as all other baggage.

(b) Under the provisions of this section, no railroad corporation shall be required to transport more than one (1) bicycle for a single individual in addition to any other baggage as shall bring the whole within the lawful weight limit.

Acts 1897, No. 23, § 1, p. 30; C. & M. Dig., § 971; Pope's Dig., § 1175; A.S.A. 1947, § 73-1225.
Ark. Code Ann. § 23-37-401 — AR Code / Title 23 / Chapter 37 / Subchapter 4 / Section 23-37-401
Powers commensurate with federal associations
Status: in_force

Irrespective of any limitations contained in this chapter, the Supervisor of Savings and Loan Associations may adopt rules authorizing or empowering any association chartered or operating under the provisions of this chapter to: (1) Pay or give any premium or other concession for the opening or increasing of a savings account to the same extent that the payment of premiums or the granting of other concessions may be authorized for a federal association doing business in this state; (2) Designate the legal relationship between the association and the holder of a savings account with the association and the name to be given the savings account in any advertising or public description of the savings account to the same extent that those designations and legal relationships are authorized for a federal association doing business in this state; (3) Adopt any dividend or interest paying date or other procedure or practice with respect to the paying of interest or dividends authorized for a federal association doing business in this state; (4) Adopt any business practice, procedure, method, or system authorized by a federal association doing business in this state, except nothing herein will permit an extension of a state savings and loan association's branching authority beyond the limitations of state law; and (5) Make any loan or investment that a federal association doing business in this state is authorized to make. Amended by Act 2019, No. 315,§ 2496, eff. 7/24/2019. Acts 1963, No. 227, § 58; 1969, No. 242, § 1; A.S.A. 1947, § 67-1858; Acts 1988 (4th Ex. Sess.), No. 2, § 8; 1988 (4th Ex. Sess.), No. 12, § 8; 2001, No. 1553, § 35.

Irrespective of any limitations contained in this chapter, the Supervisor of Savings and Loan Associations may adopt rules authorizing or empowering any association chartered or operating under the provisions of this chapter to:

(1) Pay or give any premium or other concession for the opening or increasing of a savings account to the same extent that the payment of premiums or the granting of other concessions may be authorized for a federal association doing business in this state;

(2) Designate the legal relationship between the association and the holder of a savings account with the association and the name to be given the savings account in any advertising or public description of the savings account to the same extent that those designations and legal relationships are authorized for a federal association doing business in this state;

(3) Adopt any dividend or interest paying date or other procedure or practice with respect to the paying of interest or dividends authorized for a federal association doing business in this state;

(4) Adopt any business practice, procedure, method, or system authorized by a federal association doing business in this state, except nothing herein will permit an extension of a state savings and loan association's branching authority beyond the limitations of state law; and

(5) Make any loan or investment that a federal association doing business in this state is authorized to make.

Amended by Act 2019, No. 315,§ 2496, eff. 7/24/2019.

Acts 1963, No. 227, § 58; 1969, No. 242, § 1; A.S.A. 1947, § 67-1858; Acts 1988 (4th Ex. Sess.), No. 2, § 8; 1988 (4th Ex. Sess.), No. 12, § 8; 2001, No. 1553, § 35.
Ark. Code Ann. § 23-37-211 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-211
Accounting practices
Status: in_force

Every association shall use those forms and observe those accounting principles and practices which the Supervisor of Savings and Loan Associations, with the approval of the Savings and Loan Association Board [abolished], may require from time to time. Acts 1963, No. 227, § 48; A.S.A. 1947, § 67-1848.

Every association shall use those forms and observe those accounting principles and practices which the Supervisor of Savings and Loan Associations, with the approval of the Savings and Loan Association Board [abolished], may require from time to time.

Acts 1963, No. 227, § 48; A.S.A. 1947, § 67-1848.
Ark. Code Ann. § 23-47-207 — AR Code / Title 23 / Chapter 47 / Subchapter 2 / Section 23-47-207
Payment of overdrafts - Liability of officer or employee
Status: in_force

(a) Any officer or employee who knowingly pays out the funds of any state bank upon the check, order, or draft of any individual, firm, corporation, or association which does not have on deposit with the bank a sum equal to the check, order, or draft is personally liable to it for the amount so paid unless the drawer of the check, order, or draft has previously arranged with the bank for a line of credit sufficient to cover the payment or unless the payment was made pursuant to a general authorization approved by the board of directors for the officer or employee to cover the payment. (b) However, the board of directors may ratify the overdraft and relieve the employee from liability. Acts 1997, No. 89, § 1.

(a) Any officer or employee who knowingly pays out the funds of any state bank upon the check, order, or draft of any individual, firm, corporation, or association which does not have on deposit with the bank a sum equal to the check, order, or draft is personally liable to it for the amount so paid unless the drawer of the check, order, or draft has previously arranged with the bank for a line of credit sufficient to cover the payment or unless the payment was made pursuant to a general authorization approved by the board of directors for the officer or employee to cover the payment.

(b) However, the board of directors may ratify the overdraft and relieve the employee from liability.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-81-805 — AR Code / Title 23 / Chapter 81 / Subchapter 8 / Section 23-81-805
Contract requirements
Status: in_force

(a) A person shall not use any form of life settlement contract in this state unless it has been filed with and approved, if required, by the Insurance Commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insurance forms, policies, and contracts. (b) An insurer shall not as a condition of responding to a request for verification of coverage or in connection with the transfer of a policy pursuant to a life settlement contract require that the owner, insured, provider, or broker sign any form, disclosure, consent, waiver, or acknowledgment that has not been expressly approved by the commissioner for use in connection with life settlement contracts in this state. (c) (1) A person shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless first filed with and approved by the commissioner. (2) The commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained in the life settlement contract form or disclosure statement form fail to meet the requirements of §§ 23-81-808 - 23-81-811 and § 23-81-815(b) or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the owner. (3) At the commissioner's discretion, the commissioner may require the submission of advertising material. Acts 2009, No. 796, § 1.

(a) A person shall not use any form of life settlement contract in this state unless it has been filed with and approved, if required, by the Insurance Commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insurance forms, policies, and contracts.

(b) An insurer shall not as a condition of responding to a request for verification of coverage or in connection with the transfer of a policy pursuant to a life settlement contract require that the owner, insured, provider, or broker sign any form, disclosure, consent, waiver, or acknowledgment that has not been expressly approved by the commissioner for use in connection with life settlement contracts in this state.

(c) (1) A person shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless first filed with and approved by the commissioner. (2) The commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained in the life settlement contract form or disclosure statement form fail to meet the requirements of §§ 23-81-808 - 23-81-811 and § 23-81-815(b) or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the owner. (3) At the commissioner's discretion, the commissioner may require the submission of advertising material.

(1) A person shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless first filed with and approved by the commissioner.

(2) The commissioner shall disapprove a life settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained in the life settlement contract form or disclosure statement form fail to meet the requirements of §§ 23-81-808 - 23-81-811 and § 23-81-815(b) or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the owner.

(3) At the commissioner's discretion, the commissioner may require the submission of advertising material.

Acts 2009, No. 796, § 1.
Ark. Code Ann. § 23-86-113 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-113
Minimum benefits for mental illness in group accident and health insurance policies or subscriber's contracts - Definition
Status: in_force

(a) Unless refused in writing, every group accident and health insurance policy or group contract of hospital and medical service corporations issued or renewed after July 1, 1983, providing hospitalization or medical benefits to Arkansas residents for conditions arising from mental illness shall provide the following minimum benefits on and after July 1, 1983: (1) In the case of benefits based upon confinement as an inpatient in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the Department of Health or a community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the benefits shall be as defined in subsection (b) of this section; (2) (A) In the case of benefits provided for partial hospitalization in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the department or a community mental health center certified by the division as defined in subsection (b) of this section. (B) For the purpose of this section, "partial hospitalization" means continuous treatment for at least four (4) hours, but not more than sixteen (16) hours in any twenty-four-hour period; and (3) In the case of outpatient benefits, the benefits shall cover services furnished by: (A) A hospital, a psychiatric hospital, or an outpatient psychiatric center licensed by the department; (B) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (C) A psychologist licensed under § 17-97-201 et seq.; or (D) A community mental health center or other mental health clinic certified by the division to furnish mental health services as defined in subsection (b) of this section. (b) The insurer or hospital and medical service corporation may establish a copayment requirement for mental illness benefits paid for inpatient, partial hospitalization, or outpatient care described in subsection (a) of this section, which may or may not differ from the copayment requirements for any other condition or illness, except that copayment requirements for mental illness shall not exceed a twenty percent (20%) copayment requirement. (c) (1) For accident and health insurance sold to employers of fifty (50) or fewer employees, the insurer or hospital and medical service corporation shall not impose limits on benefits under subsection (a) of this section with regard to deductible amounts, lifetime maximum payments, payments per outpatient visit, or payments per day of partial hospitalization which differ from benefits for any other condition or illness, provided that the insurer or hospital and medical service corporation may impose an annual maximum benefit payable, which shall not be less than seven thousand five hundred dollars ($7,500) per calendar year. (2) For accident and health insurance sold to employers of fifty-one (51) or more employees, the insurer or hospital and medical service corporation shall not impose limits on benefits under subsection (a) of this section with regard to deductible amounts, lifetime maximum payments, payments per outpatient visit, or payments per day of partial hospitalization which differ from benefits for any other condition or illness, provided that the insurer or hospital and medical service corporation may impose an annual maximum of eight (8) inpatient or partial hospitalization days together with forty (40) outpatient visits. (d) No person shall disclose mental health history, diagnosis, or treatment services information received in an initial application for coverage or subsequent claims for benefits to any person, group, organization, or governmental agency without written consent of the insured, except for purposes of: (1) Obtaining professional review and judgments of quality and appropriateness of treatment rendered; (2) Litigation proceedings involving the insured and when ordered by a court; (3) Reinsurance, when required; (4) Applying over-insurance provisions or for purposes of claiming benefits for services on behalf of the insured; or (5) Underwriting applications for insurance coverage. (e) Nothing in this section shall be construed to prohibit an insurer, a hospital and medical service corporation, a healthcare plan, a health maintenance organization, or other person providing accident and health insurance or medical benefits to Arkansas residents from issuing or continuing to issue an accident and health insurance benefit plan, policy, or contract that provides benefits greater than the minimum benefits required to be made available under this section or from issuing any plans, policies, or contracts that provide benefits that are generally more favorable to the insured than those required to be made available under this section. (f) The requirements of this section with respect to a group or blanket accident and health insurance benefit plan, policy, or subscriber contract shall be satisfied, if the coverage specified is made available to the master policyholder of the plan, policy, or contract. (g) (1) (A) Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by licensed professional counselors. (B) The offer shall be made either at the time of application for, or upon the first renewal of, the policy, contract, or agreement after April 1, 1995. (C) If the offer is accepted, the amount paid for services provided by licensed professional counselors shall be subject to the same limitations as set forth in the policy for mental health coverage. (2) Nothing in this subsection shall be deemed to expand the scope of the practice of licensed professional counselors currently licensed by the Arkansas Board of Examiners in Counseling and possessing the qualifications set forth in § 17-27-301 et seq., or other applicable laws. Amended by Act 2017, No. 913,§ 119, eff. 8/1/2017. Amended by Act 2013, No. 980,§ 17, eff. 8/16/2013. Acts 1983, No. 326, §§ 1-5; 1985, No. 236, § 1; A.S.A. 1947, §§ 66-3716 -- 66-3720; Acts 1995, No. 1272, § 21; 2001, No. 1063, § 13.

(a) Unless refused in writing, every group accident and health insurance policy or group contract of hospital and medical service corporations issued or renewed after July 1, 1983, providing hospitalization or medical benefits to Arkansas residents for conditions arising from mental illness shall provide the following minimum benefits on and after July 1, 1983: (1) In the case of benefits based upon confinement as an inpatient in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the Department of Health or a community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the benefits shall be as defined in subsection (b) of this section; (2) (A) In the case of benefits provided for partial hospitalization in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the department or a community mental health center certified by the division as defined in subsection (b) of this section. (B) For the purpose of this section, "partial hospitalization" means continuous treatment for at least four (4) hours, but not more than sixteen (16) hours in any twenty-four-hour period; and (3) In the case of outpatient benefits, the benefits shall cover services furnished by: (A) A hospital, a psychiatric hospital, or an outpatient psychiatric center licensed by the department; (B) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (C) A psychologist licensed under § 17-97-201 et seq.; or (D) A community mental health center or other mental health clinic certified by the division to furnish mental health services as defined in subsection (b) of this section.

(1) In the case of benefits based upon confinement as an inpatient in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the Department of Health or a community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the benefits shall be as defined in subsection (b) of this section;

(2) (A) In the case of benefits provided for partial hospitalization in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the department or a community mental health center certified by the division as defined in subsection (b) of this section. (B) For the purpose of this section, "partial hospitalization" means continuous treatment for at least four (4) hours, but not more than sixteen (16) hours in any twenty-four-hour period; and

(A) In the case of benefits provided for partial hospitalization in a hospital, psychiatric hospital, or outpatient psychiatric center licensed by the department or a community mental health center certified by the division as defined in subsection (b) of this section.

(B) For the purpose of this section, "partial hospitalization" means continuous treatment for at least four (4) hours, but not more than sixteen (16) hours in any twenty-four-hour period; and

(3) In the case of outpatient benefits, the benefits shall cover services furnished by: (A) A hospital, a psychiatric hospital, or an outpatient psychiatric center licensed by the department; (B) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (C) A psychologist licensed under § 17-97-201 et seq.; or (D) A community mental health center or other mental health clinic certified by the division to furnish mental health services as defined in subsection (b) of this section.

(A) A hospital, a psychiatric hospital, or an outpatient psychiatric center licensed by the department;

(B) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.;

(C) A psychologist licensed under § 17-97-201 et seq.; or

(D) A community mental health center or other mental health clinic certified by the division to furnish mental health services as defined in subsection (b) of this section.

(b) The insurer or hospital and medical service corporation may establish a copayment requirement for mental illness benefits paid for inpatient, partial hospitalization, or outpatient care described in subsection (a) of this section, which may or may not differ from the copayment requirements for any other condition or illness, except that copayment requirements for mental illness shall not exceed a twenty percent (20%) copayment requirement.

(c) (1) For accident and health insurance sold to employers of fifty (50) or fewer employees, the insurer or hospital and medical service corporation shall not impose limits on benefits under subsection (a) of this section with regard to deductible amounts, lifetime maximum payments, payments per outpatient visit, or payments per day of partial hospitalization which differ from benefits for any other condition or illness, provided that the insurer or hospital and medical service corporation may impose an annual maximum benefit payable, which shall not be less than seven thousand five hundred dollars ($7,500) per calendar year. (2) For accident and health insurance sold to employers of fifty-one (51) or more employees, the insurer or hospital and medical service corporation shall not impose limits on benefits under subsection (a) of this section with regard to deductible amounts, lifetime maximum payments, payments per outpatient visit, or payments per day of partial hospitalization which differ from benefits for any other condition or illness, provided that the insurer or hospital and medical service corporation may impose an annual maximum of eight (8) inpatient or partial hospitalization days together with forty (40) outpatient visits.

(1) For accident and health insurance sold to employers of fifty (50) or fewer employees, the insurer or hospital and medical service corporation shall not impose limits on benefits under subsection (a) of this section with regard to deductible amounts, lifetime maximum payments, payments per outpatient visit, or payments per day of partial hospitalization which differ from benefits for any other condition or illness, provided that the insurer or hospital and medical service corporation may impose an annual maximum benefit payable, which shall not be less than seven thousand five hundred dollars ($7,500) per calendar year.

(2) For accident and health insurance sold to employers of fifty-one (51) or more employees, the insurer or hospital and medical service corporation shall not impose limits on benefits under subsection (a) of this section with regard to deductible amounts, lifetime maximum payments, payments per outpatient visit, or payments per day of partial hospitalization which differ from benefits for any other condition or illness, provided that the insurer or hospital and medical service corporation may impose an annual maximum of eight (8) inpatient or partial hospitalization days together with forty (40) outpatient visits.

(d) No person shall disclose mental health history, diagnosis, or treatment services information received in an initial application for coverage or subsequent claims for benefits to any person, group, organization, or governmental agency without written consent of the insured, except for purposes of: (1) Obtaining professional review and judgments of quality and appropriateness of treatment rendered; (2) Litigation proceedings involving the insured and when ordered by a court; (3) Reinsurance, when required; (4) Applying over-insurance provisions or for purposes of claiming benefits for services on behalf of the insured; or (5) Underwriting applications for insurance coverage.

(1) Obtaining professional review and judgments of quality and appropriateness of treatment rendered;

(2) Litigation proceedings involving the insured and when ordered by a court;

(3) Reinsurance, when required;

(4) Applying over-insurance provisions or for purposes of claiming benefits for services on behalf of the insured; or

(5) Underwriting applications for insurance coverage.

(e) Nothing in this section shall be construed to prohibit an insurer, a hospital and medical service corporation, a healthcare plan, a health maintenance organization, or other person providing accident and health insurance or medical benefits to Arkansas residents from issuing or continuing to issue an accident and health insurance benefit plan, policy, or contract that provides benefits greater than the minimum benefits required to be made available under this section or from issuing any plans, policies, or contracts that provide benefits that are generally more favorable to the insured than those required to be made available under this section.

(f) The requirements of this section with respect to a group or blanket accident and health insurance benefit plan, policy, or subscriber contract shall be satisfied, if the coverage specified is made available to the master policyholder of the plan, policy, or contract.

(g) (1) (A) Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by licensed professional counselors. (B) The offer shall be made either at the time of application for, or upon the first renewal of, the policy, contract, or agreement after April 1, 1995. (C) If the offer is accepted, the amount paid for services provided by licensed professional counselors shall be subject to the same limitations as set forth in the policy for mental health coverage. (2) Nothing in this subsection shall be deemed to expand the scope of the practice of licensed professional counselors currently licensed by the Arkansas Board of Examiners in Counseling and possessing the qualifications set forth in § 17-27-301 et seq., or other applicable laws.

(1) (A) Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by licensed professional counselors. (B) The offer shall be made either at the time of application for, or upon the first renewal of, the policy, contract, or agreement after April 1, 1995. (C) If the offer is accepted, the amount paid for services provided by licensed professional counselors shall be subject to the same limitations as set forth in the policy for mental health coverage.

(A) Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that provides for mental health coverage shall offer coverage for the payment of services rendered by licensed professional counselors.

(B) The offer shall be made either at the time of application for, or upon the first renewal of, the policy, contract, or agreement after April 1, 1995.

(C) If the offer is accepted, the amount paid for services provided by licensed professional counselors shall be subject to the same limitations as set forth in the policy for mental health coverage.

(2) Nothing in this subsection shall be deemed to expand the scope of the practice of licensed professional counselors currently licensed by the Arkansas Board of Examiners in Counseling and possessing the qualifications set forth in § 17-27-301 et seq., or other applicable laws.

Amended by Act 2017, No. 913,§ 119, eff. 8/1/2017.

Amended by Act 2013, No. 980,§ 17, eff. 8/16/2013.

Acts 1983, No. 326, §§ 1-5; 1985, No. 236, § 1; A.S.A. 1947, §§ 66-3716 -- 66-3720; Acts 1995, No. 1272, § 21; 2001, No. 1063, § 13.
Ark. Code Ann. § 23-80-408 — AR Code / Title 23 / Chapter 80 / Subchapter 4 / Section 23-80-408
Scope of authority
Status: in_force

The Insurance Commissioner shall have all the powers to enforce this subchapter that are granted to the commissioner elsewhere in the Arkansas Insurance Code. Acts 2001, No. 1409, § 8.

The Insurance Commissioner shall have all the powers to enforce this subchapter that are granted to the commissioner elsewhere in the Arkansas Insurance Code.

Acts 2001, No. 1409, § 8.
Ark. Code Ann. § 23-74-702 — AR Code / Title 23 / Chapter 74 / Subchapter 7 / Section 23-74-702
Review
Status: in_force

All decisions and findings of the Insurance Commissioner made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state. Acts 1989, No. 881, § 1.

All decisions and findings of the Insurance Commissioner made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-110-203 — AR Code / Title 23 / Chapter 110 / Subchapter 2 / Section 23-110-203
Proceedings
Status: in_force

(a) (1) All meetings of the Arkansas Racing Commission shall be public, and it shall keep a complete record of its transactions, findings, and determinations. (2) The rules may provide for regular meetings and may provide for special meetings at the call of the Chair of the Arkansas Racing Commission or of the Vice Chair of the Arkansas Racing Commission if the vice chair becomes for any reason the acting chair, either at his or her own instance or upon the written request of at least three (3) members. (3) Meetings shall be held at such place as in each instance may suit the commission's convenience. (b) (1) A quorum for the transaction of business shall consist of not fewer than three (3) members present at any regular or special meeting, and the affirmative vote of that number shall be necessary for the disposition of any business. (2) Voting by proxy is prohibited. Acts 1957, No. 46, § 5; 1965, No. 176, § 2; A.S.A. 1947, § 84-2731.

(a) (1) All meetings of the Arkansas Racing Commission shall be public, and it shall keep a complete record of its transactions, findings, and determinations. (2) The rules may provide for regular meetings and may provide for special meetings at the call of the Chair of the Arkansas Racing Commission or of the Vice Chair of the Arkansas Racing Commission if the vice chair becomes for any reason the acting chair, either at his or her own instance or upon the written request of at least three (3) members. (3) Meetings shall be held at such place as in each instance may suit the commission's convenience.

(1) All meetings of the Arkansas Racing Commission shall be public, and it shall keep a complete record of its transactions, findings, and determinations.

(2) The rules may provide for regular meetings and may provide for special meetings at the call of the Chair of the Arkansas Racing Commission or of the Vice Chair of the Arkansas Racing Commission if the vice chair becomes for any reason the acting chair, either at his or her own instance or upon the written request of at least three (3) members.

(3) Meetings shall be held at such place as in each instance may suit the commission's convenience.

(b) (1) A quorum for the transaction of business shall consist of not fewer than three (3) members present at any regular or special meeting, and the affirmative vote of that number shall be necessary for the disposition of any business. (2) Voting by proxy is prohibited.

(1) A quorum for the transaction of business shall consist of not fewer than three (3) members present at any regular or special meeting, and the affirmative vote of that number shall be necessary for the disposition of any business.

(2) Voting by proxy is prohibited.

Acts 1957, No. 46, § 5; 1965, No. 176, § 2; A.S.A. 1947, § 84-2731.
Ark. Code Ann. § 23-100-102 — AR Code / Title 23 / Chapter 100 / Section 23-100-102
Insurers' payment extensions - Penalties for non-compliance - Insurance Commissioner's waiver for impaired or insolvent insurers
Status: in_force

(a) (1) The Insurance Commissioner may grant any licensed insurer an extension for payment of the antifraud assessment for good cause shown, upon written application of the licensed insurer received at the State Insurance Department on or before each annual due date. (2) Absent the commissioner's approval of such an extension for good cause, licensed insurers failing timely to pay the antifraud assessment shall be subject to a penalty of one hundred dollars ($100) per day for each day of delinquency, payable to the State Insurance Department Criminal Investigation Division Trust Fund. (3) (A) The commissioner may pursue any appropriate legal remedies to collect the antifraud assessments and penalties due and unpaid from any insurer. (B) Further, the commissioner in his or her discretion may order suspension of the delinquent insurer's Arkansas certificate of authority after notice and hearing until the payment of all such antifraud assessments and penalties is remitted to the fund. (C) Absent grant of the commissioner's waiver for good cause shown, the commissioner may revoke the Arkansas certificate of authority of any delinquent insurer consistently refusing and failing without good cause to remit payment of these antifraud assessments and penalties to the fund pursuant to this section. (b) (1) The commissioner in his or her discretion may waive all or any part of the antifraud assessment due annually from a licensed insurer upon the: (A) Suspension or revocation of the insurer's Arkansas certificate of authority; (B) Issuance of a court order placing the company into conservation, rehabilitation, or liquidation in any state; or (C) Commissioner's finding that the insurer is impaired or insolvent. (2) Upon the reinstatement or activation of the insurer's certificate of authority in good standing, the commissioner's waiver automatically terminates, and the insurer shall be liable for payment of the assessment on the next succeeding March 1 without retroactive reimbursement for the amount of the antifraud assessments which would normally have accrued during the waiver period. Acts 1997, No. 337, § 4; 1999, No. 881, § 19; 2005, No. 1697, § 26.

(a) (1) The Insurance Commissioner may grant any licensed insurer an extension for payment of the antifraud assessment for good cause shown, upon written application of the licensed insurer received at the State Insurance Department on or before each annual due date. (2) Absent the commissioner's approval of such an extension for good cause, licensed insurers failing timely to pay the antifraud assessment shall be subject to a penalty of one hundred dollars ($100) per day for each day of delinquency, payable to the State Insurance Department Criminal Investigation Division Trust Fund. (3) (A) The commissioner may pursue any appropriate legal remedies to collect the antifraud assessments and penalties due and unpaid from any insurer. (B) Further, the commissioner in his or her discretion may order suspension of the delinquent insurer's Arkansas certificate of authority after notice and hearing until the payment of all such antifraud assessments and penalties is remitted to the fund. (C) Absent grant of the commissioner's waiver for good cause shown, the commissioner may revoke the Arkansas certificate of authority of any delinquent insurer consistently refusing and failing without good cause to remit payment of these antifraud assessments and penalties to the fund pursuant to this section.

(1) The Insurance Commissioner may grant any licensed insurer an extension for payment of the antifraud assessment for good cause shown, upon written application of the licensed insurer received at the State Insurance Department on or before each annual due date.

(2) Absent the commissioner's approval of such an extension for good cause, licensed insurers failing timely to pay the antifraud assessment shall be subject to a penalty of one hundred dollars ($100) per day for each day of delinquency, payable to the State Insurance Department Criminal Investigation Division Trust Fund.

(3) (A) The commissioner may pursue any appropriate legal remedies to collect the antifraud assessments and penalties due and unpaid from any insurer. (B) Further, the commissioner in his or her discretion may order suspension of the delinquent insurer's Arkansas certificate of authority after notice and hearing until the payment of all such antifraud assessments and penalties is remitted to the fund. (C) Absent grant of the commissioner's waiver for good cause shown, the commissioner may revoke the Arkansas certificate of authority of any delinquent insurer consistently refusing and failing without good cause to remit payment of these antifraud assessments and penalties to the fund pursuant to this section.

(A) The commissioner may pursue any appropriate legal remedies to collect the antifraud assessments and penalties due and unpaid from any insurer.

(B) Further, the commissioner in his or her discretion may order suspension of the delinquent insurer's Arkansas certificate of authority after notice and hearing until the payment of all such antifraud assessments and penalties is remitted to the fund.

(C) Absent grant of the commissioner's waiver for good cause shown, the commissioner may revoke the Arkansas certificate of authority of any delinquent insurer consistently refusing and failing without good cause to remit payment of these antifraud assessments and penalties to the fund pursuant to this section.

(b) (1) The commissioner in his or her discretion may waive all or any part of the antifraud assessment due annually from a licensed insurer upon the: (A) Suspension or revocation of the insurer's Arkansas certificate of authority; (B) Issuance of a court order placing the company into conservation, rehabilitation, or liquidation in any state; or (C) Commissioner's finding that the insurer is impaired or insolvent. (2) Upon the reinstatement or activation of the insurer's certificate of authority in good standing, the commissioner's waiver automatically terminates, and the insurer shall be liable for payment of the assessment on the next succeeding March 1 without retroactive reimbursement for the amount of the antifraud assessments which would normally have accrued during the waiver period.

(1) The commissioner in his or her discretion may waive all or any part of the antifraud assessment due annually from a licensed insurer upon the: (A) Suspension or revocation of the insurer's Arkansas certificate of authority; (B) Issuance of a court order placing the company into conservation, rehabilitation, or liquidation in any state; or (C) Commissioner's finding that the insurer is impaired or insolvent.

(A) Suspension or revocation of the insurer's Arkansas certificate of authority;

(B) Issuance of a court order placing the company into conservation, rehabilitation, or liquidation in any state; or

(C) Commissioner's finding that the insurer is impaired or insolvent.

(2) Upon the reinstatement or activation of the insurer's certificate of authority in good standing, the commissioner's waiver automatically terminates, and the insurer shall be liable for payment of the assessment on the next succeeding March 1 without retroactive reimbursement for the amount of the antifraud assessments which would normally have accrued during the waiver period.

Acts 1997, No. 337, § 4; 1999, No. 881, § 19; 2005, No. 1697, § 26.
Ark. Code Ann. § 23-79-128 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-128
Right to insure spouse's life
Status: in_force

(a) (1) It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his or her assent as her trustee, to cause to be insured, for her sole use, the life of her spouse for any definite period or for the term of his natural life. (2) In case of her surviving her spouse, the sums or net amount of the insurance becoming due and payable by the terms of the insurance shall be payable to her and for her use. (3) In case of death of the wife before the decease of her spouse, the amount of the insurance may be made payable to his or her children for their use, and to their guardian for them, if they are under age, as is provided in the policy of insurance. (4) (A) All proceeds and avails of the insurance shall be free from the claims of the representatives of the spouse or of any of his creditors, whether or not the right to change the beneficiary is reserved or permitted. (B) However, subject to the statute of limitations, the amount of any premiums for the insurance paid out of the funds or property of the spouse with intent to defraud creditors, including interest thereon, shall enure to their benefit from the proceeds of the policy, but the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with its terms, unless, before such a payment, the company shall have written notice by or in behalf of a creditor of a claim to recover for premiums paid with intent to defraud creditors with specifications of the amount claimed. (b) This section shall not be deemed to give the wife any present or vested interest in any policy of life insurance insuring the life of her spouse unless the wife is the owner in fact of the policy, either directly or through her expressly designated trustee, or unless otherwise provided in the policy. (c) The provisions of this section shall also govern insurance procured on the life of a wife by her spouse. Acts 1959, No. 148, § 294; A.S.A. 1947, § 66-3227; Acts 2001, No. 1604, § 98.

(a) (1) It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his or her assent as her trustee, to cause to be insured, for her sole use, the life of her spouse for any definite period or for the term of his natural life. (2) In case of her surviving her spouse, the sums or net amount of the insurance becoming due and payable by the terms of the insurance shall be payable to her and for her use. (3) In case of death of the wife before the decease of her spouse, the amount of the insurance may be made payable to his or her children for their use, and to their guardian for them, if they are under age, as is provided in the policy of insurance. (4) (A) All proceeds and avails of the insurance shall be free from the claims of the representatives of the spouse or of any of his creditors, whether or not the right to change the beneficiary is reserved or permitted. (B) However, subject to the statute of limitations, the amount of any premiums for the insurance paid out of the funds or property of the spouse with intent to defraud creditors, including interest thereon, shall enure to their benefit from the proceeds of the policy, but the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with its terms, unless, before such a payment, the company shall have written notice by or in behalf of a creditor of a claim to recover for premiums paid with intent to defraud creditors with specifications of the amount claimed.

(1) It shall be lawful for any married woman, by herself and in her name, or in the name of any third person, with his or her assent as her trustee, to cause to be insured, for her sole use, the life of her spouse for any definite period or for the term of his natural life.

(2) In case of her surviving her spouse, the sums or net amount of the insurance becoming due and payable by the terms of the insurance shall be payable to her and for her use.

(3) In case of death of the wife before the decease of her spouse, the amount of the insurance may be made payable to his or her children for their use, and to their guardian for them, if they are under age, as is provided in the policy of insurance.

(4) (A) All proceeds and avails of the insurance shall be free from the claims of the representatives of the spouse or of any of his creditors, whether or not the right to change the beneficiary is reserved or permitted. (B) However, subject to the statute of limitations, the amount of any premiums for the insurance paid out of the funds or property of the spouse with intent to defraud creditors, including interest thereon, shall enure to their benefit from the proceeds of the policy, but the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with its terms, unless, before such a payment, the company shall have written notice by or in behalf of a creditor of a claim to recover for premiums paid with intent to defraud creditors with specifications of the amount claimed.

(A) All proceeds and avails of the insurance shall be free from the claims of the representatives of the spouse or of any of his creditors, whether or not the right to change the beneficiary is reserved or permitted.

(B) However, subject to the statute of limitations, the amount of any premiums for the insurance paid out of the funds or property of the spouse with intent to defraud creditors, including interest thereon, shall enure to their benefit from the proceeds of the policy, but the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with its terms, unless, before such a payment, the company shall have written notice by or in behalf of a creditor of a claim to recover for premiums paid with intent to defraud creditors with specifications of the amount claimed.

(b) This section shall not be deemed to give the wife any present or vested interest in any policy of life insurance insuring the life of her spouse unless the wife is the owner in fact of the policy, either directly or through her expressly designated trustee, or unless otherwise provided in the policy.

(c) The provisions of this section shall also govern insurance procured on the life of a wife by her spouse.

Acts 1959, No. 148, § 294; A.S.A. 1947, § 66-3227; Acts 2001, No. 1604, § 98.
Ark. Code Ann. § 23-32-203 — AR Code / Title 23 / Chapter 32 / Subchapter 2 / Section 23-32-203
Loans secured by liens on agricultural lands
Status: in_force

(a) Any person obtaining a loan secured by a lien on real estate in this state which is used primarily for agricultural or livestock purposes shall have the privilege of prepaying the loan in multiples of one hundred dollars ($100) during any one (1) year following the first anniversary date of the loan, on interest-paying dates, provided the prepayment plus required payments does not exceed twenty percent (20%) of the initial principal amount of the loan. (b) The privilege shall not be cumulative, and the borrower shall have no further prepayment privilege except that the borrower may, at any time, prepay the principal balance of the loan with accrued interest thereon plus prepayment fees in amounts not exceeding the following: (1) Five percent (5%) of the unpaid principal balance if prepaid during the first year; (2) Four percent (4%) of the unpaid principal balance if prepaid during the second year; (3) Three percent (3%) of the unpaid principal balance if prepaid during the third year; (4) Two percent (2%) of the unpaid principal balance if prepaid during the fourth year; (5) One percent (1%) of the unpaid principal balance if prepaid during the fifth year; and (6) No penalty if prepaid more than five (5) years after the date of the note creating the debt. (c) (1) This section shall apply only to loans secured by a lien on real estate used primarily for agricultural or livestock purposes. (2) This section shall not apply to any mortgage, deed of trust, note, or other instrument evidencing indebtedness if the instrument contains a statement in boldface type that this section does not apply and if the lender or agent of the lender points out and explains the provisions to the borrower and the borrower signs a statement on the instrument that the section has been explained and that the borrower agrees. (d) Any lender or other person applying or attempting to apply more restrictive prepayment requirements, or otherwise violating this section, shall be guilty of a Class A misdemeanor and shall be punished accordingly. (e) In addition to the criminal penalties provided in subsection (d) of this section, any lender or other person applying or attempting to apply more restrictive prepayment requirements or otherwise violating this section shall forfeit all unmatured interest and principal on the loan and shall be liable for reasonable attorney's fees incurred by the debtor as a result of the lender's violation of this section. (f) Any payment of interest or principal made by the debtor shall not constitute a waiver of any of the debtor's rights provided by this section or any other law. Acts 1997, No. 81, § 1.

(a) Any person obtaining a loan secured by a lien on real estate in this state which is used primarily for agricultural or livestock purposes shall have the privilege of prepaying the loan in multiples of one hundred dollars ($100) during any one (1) year following the first anniversary date of the loan, on interest-paying dates, provided the prepayment plus required payments does not exceed twenty percent (20%) of the initial principal amount of the loan.

(b) The privilege shall not be cumulative, and the borrower shall have no further prepayment privilege except that the borrower may, at any time, prepay the principal balance of the loan with accrued interest thereon plus prepayment fees in amounts not exceeding the following: (1) Five percent (5%) of the unpaid principal balance if prepaid during the first year; (2) Four percent (4%) of the unpaid principal balance if prepaid during the second year; (3) Three percent (3%) of the unpaid principal balance if prepaid during the third year; (4) Two percent (2%) of the unpaid principal balance if prepaid during the fourth year; (5) One percent (1%) of the unpaid principal balance if prepaid during the fifth year; and (6) No penalty if prepaid more than five (5) years after the date of the note creating the debt.

(1) Five percent (5%) of the unpaid principal balance if prepaid during the first year;

(2) Four percent (4%) of the unpaid principal balance if prepaid during the second year;

(3) Three percent (3%) of the unpaid principal balance if prepaid during the third year;

(4) Two percent (2%) of the unpaid principal balance if prepaid during the fourth year;

(5) One percent (1%) of the unpaid principal balance if prepaid during the fifth year; and

(6) No penalty if prepaid more than five (5) years after the date of the note creating the debt.

(c) (1) This section shall apply only to loans secured by a lien on real estate used primarily for agricultural or livestock purposes. (2) This section shall not apply to any mortgage, deed of trust, note, or other instrument evidencing indebtedness if the instrument contains a statement in boldface type that this section does not apply and if the lender or agent of the lender points out and explains the provisions to the borrower and the borrower signs a statement on the instrument that the section has been explained and that the borrower agrees.

(1) This section shall apply only to loans secured by a lien on real estate used primarily for agricultural or livestock purposes.

(2) This section shall not apply to any mortgage, deed of trust, note, or other instrument evidencing indebtedness if the instrument contains a statement in boldface type that this section does not apply and if the lender or agent of the lender points out and explains the provisions to the borrower and the borrower signs a statement on the instrument that the section has been explained and that the borrower agrees.

(d) Any lender or other person applying or attempting to apply more restrictive prepayment requirements, or otherwise violating this section, shall be guilty of a Class A misdemeanor and shall be punished accordingly.

(e) In addition to the criminal penalties provided in subsection (d) of this section, any lender or other person applying or attempting to apply more restrictive prepayment requirements or otherwise violating this section shall forfeit all unmatured interest and principal on the loan and shall be liable for reasonable attorney's fees incurred by the debtor as a result of the lender's violation of this section.

(f) Any payment of interest or principal made by the debtor shall not constitute a waiver of any of the debtor's rights provided by this section or any other law.

Acts 1997, No. 81, § 1.
Ark. Code Ann. § 23-61-207 — AR Code / Title 23 / Chapter 61 / Subchapter 2 / Section 23-61-207
Confidentiality of ancillary information
Status: in_force

All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the Insurance Commissioner or any other person in the course of an examination made under this subchapter must be given confidential treatment and are not subject to subpoena and may not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . In addition, all workpapers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from the commissioner or a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of an insurer, shall be confidential and not subject to subpoena, except to the extent as provided in § 23-61-205 . Access may also be granted to the National Association of Insurance Commissioners. The parties must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained. Acts 1991, No. 723, § 8; 1999, No. 348, § 1; 2009, No. 726, § 6.

All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the Insurance Commissioner or any other person in the course of an examination made under this subchapter must be given confidential treatment and are not subject to subpoena and may not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . In addition, all workpapers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from the commissioner or a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of an insurer, shall be confidential and not subject to subpoena, except to the extent as provided in § 23-61-205 . Access may also be granted to the National Association of Insurance Commissioners. The parties must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained.

Acts 1991, No. 723, § 8; 1999, No. 348, § 1; 2009, No. 726, § 6.
Ark. Code Ann. § 23-66-309 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-309
Charge for substitution of policy
Status: in_force

No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of the person shall directly or indirectly require that a borrower pay a consideration of any kind to substitute the insurance policy of one (1) insurer for that of another. Acts 1959, No. 148, § 228; A.S.A. 1947, § 66-3021.

No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of the person shall directly or indirectly require that a borrower pay a consideration of any kind to substitute the insurance policy of one (1) insurer for that of another.

Acts 1959, No. 148, § 228; A.S.A. 1947, § 66-3021.
Ark. Code Ann. § 23-49-103 — AR Code / Title 23 / Chapter 49 / Section 23-49-103
Injunction against commissioner
Status: in_force

(a) Whenever any institution of whose business, property, and records the Bank Commissioner has taken possession deems itself aggrieved thereby, it may, at any time within ten (10) days after taking possession, apply to the circuit court to enjoin further proceedings. (b) After notifying the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proof of the parties and determining the facts, the court may, upon the merits, dismiss the application or enjoin the commissioner from further proceedings and direct him or her to surrender the business, property, and records to the institution. Acts 1997, No. 89, § 1.

(a) Whenever any institution of whose business, property, and records the Bank Commissioner has taken possession deems itself aggrieved thereby, it may, at any time within ten (10) days after taking possession, apply to the circuit court to enjoin further proceedings.

(b) After notifying the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proof of the parties and determining the facts, the court may, upon the merits, dismiss the application or enjoin the commissioner from further proceedings and direct him or her to surrender the business, property, and records to the institution.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-99-901 — AR Code / Title 23 / Chapter 99 / Subchapter 9 / Section 23-99-901
Legislative findings
Status: in_force

The General Assembly finds that: (1) Under an alternative payment system, a healthcare payor, when determining a healthcare provider's patient care costs, may use factors that are not under the control of the healthcare provider; (2) A healthcare provider may not receive an appropriate share of savings or reduction in recoupment under an alternative payment system if the healthcare provider's patients have a higher cost of care; and (3) A healthcare provider should not be penalized for higher patient care costs if any of the costs, or other factors determining reimbursement, are not under the control of the healthcare provider. Amended by Act 2019, No. 862,§ 1, eff. 7/24/2019. Added by Act 2015, No. 902,§ 1, eff. 7/22/2015.

The General Assembly finds that:

(1) Under an alternative payment system, a healthcare payor, when determining a healthcare provider's patient care costs, may use factors that are not under the control of the healthcare provider;

(2) A healthcare provider may not receive an appropriate share of savings or reduction in recoupment under an alternative payment system if the healthcare provider's patients have a higher cost of care; and

(3) A healthcare provider should not be penalized for higher patient care costs if any of the costs, or other factors determining reimbursement, are not under the control of the healthcare provider.

Amended by Act 2019, No. 862,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 902,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-91-209 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-209
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2770, eff. 7/24/2019. Acts 1977, No. 368, § 4; A.S.A. 1947, § 66-5404; Acts 1987, No. 456, § 26; 2001, No. 1604, § 117.

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

Amended by Act 2019, No. 315,§ 2770, eff. 7/24/2019.

Acts 1977, No. 368, § 4; A.S.A. 1947, § 66-5404; Acts 1987, No. 456, § 26; 2001, No. 1604, § 117.
Ark. Code Ann. § 23-81-810 — AR Code / Title 23 / Chapter 81 / Subchapter 8 / Section 23-81-810
Disclosure to insurer
Status: in_force

(a) Without limiting the ability of an insurer from assessing the insurability of a policy applicant and determining whether or not to issue the policy and in addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing. (b) If as described in § 23-81-802(11) the loan provides funds that can be used for a purpose other than paying for the premiums, costs, and expenses associated with obtaining and maintaining the life insurance policy and loan, the application shall be rejected as a violation of the prohibited practices in § 23-81-813 . (c) If the financing does not violate § 23-81-813 in this manner, the insurance carrier: (1) May make disclosures, including without limitation to the following, to the applicant and the insured on the application or an amendment to the application to be completed no later than the delivery of the policy: "If you have entered into a loan arrangement in which the policy is used as collateral and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true: 1. A change of ownership could lead to a stranger owning an interest in the insured's life; 2. A change of ownership could in the future limit your ability to purchase future insurance on the insured's life because there is a limit to how much coverage insurers will issue on one life; 3. Should there be a change of ownership and you wish to obtain more insurance coverage on the insured's life in the future, the insured's higher issue age, a change in health status, and/or other factors may reduce the ability to obtain coverage and/or may result in significantly higher premiums; 4. You should consult a professional advisor, since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan."; and (2) May require certifications, such as the following, from the applicant, the insured, or the applicant and the insured: (A) "I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy."; (B) "My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy."; and (C) "The borrower has an insurable interest in the insured.". Acts 2009, No. 796, § 1.

(a) Without limiting the ability of an insurer from assessing the insurability of a policy applicant and determining whether or not to issue the policy and in addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the policy as collateral to support the financing.

(b) If as described in § 23-81-802(11) the loan provides funds that can be used for a purpose other than paying for the premiums, costs, and expenses associated with obtaining and maintaining the life insurance policy and loan, the application shall be rejected as a violation of the prohibited practices in § 23-81-813 .

(c) If the financing does not violate § 23-81-813 in this manner, the insurance carrier: (1) May make disclosures, including without limitation to the following, to the applicant and the insured on the application or an amendment to the application to be completed no later than the delivery of the policy: "If you have entered into a loan arrangement in which the policy is used as collateral and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true: 1. A change of ownership could lead to a stranger owning an interest in the insured's life; 2. A change of ownership could in the future limit your ability to purchase future insurance on the insured's life because there is a limit to how much coverage insurers will issue on one life; 3. Should there be a change of ownership and you wish to obtain more insurance coverage on the insured's life in the future, the insured's higher issue age, a change in health status, and/or other factors may reduce the ability to obtain coverage and/or may result in significantly higher premiums; 4. You should consult a professional advisor, since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan."; and (2) May require certifications, such as the following, from the applicant, the insured, or the applicant and the insured: (A) "I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy."; (B) "My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy."; and (C) "The borrower has an insurable interest in the insured.".

(1) May make disclosures, including without limitation to the following, to the applicant and the insured on the application or an amendment to the application to be completed no later than the delivery of the policy: "If you have entered into a loan arrangement in which the policy is used as collateral and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true: 1. A change of ownership could lead to a stranger owning an interest in the insured's life; 2. A change of ownership could in the future limit your ability to purchase future insurance on the insured's life because there is a limit to how much coverage insurers will issue on one life; 3. Should there be a change of ownership and you wish to obtain more insurance coverage on the insured's life in the future, the insured's higher issue age, a change in health status, and/or other factors may reduce the ability to obtain coverage and/or may result in significantly higher premiums; 4. You should consult a professional advisor, since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan."; and

"If you have entered into a loan arrangement in which the policy is used as collateral and the policy does change ownership at some point in the future in satisfaction of the loan, the following may be true:

1. A change of ownership could lead to a stranger owning an interest in the insured's life;

2. A change of ownership could in the future limit your ability to purchase future insurance on the insured's life because there is a limit to how much coverage insurers will issue on one life;

3. Should there be a change of ownership and you wish to obtain more insurance coverage on the insured's life in the future, the insured's higher issue age, a change in health status, and/or other factors may reduce the ability to obtain coverage and/or may result in significantly higher premiums;

4. You should consult a professional advisor, since a change in ownership in satisfaction of the loan may result in tax consequences to the owner, depending on the structure of the loan."; and

(2) May require certifications, such as the following, from the applicant, the insured, or the applicant and the insured: (A) "I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy."; (B) "My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy."; and (C) "The borrower has an insurable interest in the insured.".

(A) "I have not entered into any agreement or arrangement providing for the future sale of this life insurance policy.";

(B) "My loan arrangement for this policy provides funds sufficient to pay for some or all of the premiums, costs, and expenses associated with obtaining and maintaining my life insurance policy, but I have not entered into any agreement by which I am to receive consideration in exchange for procuring this policy."; and

(C) "The borrower has an insurable interest in the insured.".

Acts 2009, No. 796, § 1.
Ark. Code Ann. § 23-75-121 — AR Code / Title 23 / Chapter 75 / Section 23-75-121
Power to make donations for the public welfare
Status: in_force

Hospital and medical service corporations shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto. Acts 1981, No. 508, § 1; A.S.A. 1947, § 66-4921.

Hospital and medical service corporations shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto.

Acts 1981, No. 508, § 1; A.S.A. 1947, § 66-4921.
Ark. Code Ann. § 23-99-1406 — AR Code / Title 23 / Chapter 99 / Subchapter 14 / Section 23-99-1406
Applicability
Status: in_force

This subchapter shall apply to any future public health emergencies if the Centers for Medicare & Medicaid Services and the Department of Health have implemented similar programs as described in § 23-99-1402(a)(2) . Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.

This subchapter shall apply to any future public health emergencies if the Centers for Medicare & Medicaid Services and the Department of Health have implemented similar programs as described in § 23-99-1402(a)(2) .

Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-48-320 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-320
Stockholder meetings - Quorum - Voting
Status: in_force

(a) (1) Each share of stock shall be entitled to one (1) vote on each matter submitted at a meeting of stockholders except to the extent that the voting rights of any class are limited or denied, to an extent permitted by law, by the articles of incorporation or an amendment thereto. (2) (A) Subject to the provisions of subsection (d) of this section, in electing directors at meetings of stockholders, each stockholder of a state bank shall have a right to vote the number of shares owned by him or her for as many persons as there are directors to be elected, or to cumulate the shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock held by him or her shall equal. (B) The stockholder may distribute his or her votes on the same principle among as many candidates as he or she shall see fit, unless it is provided otherwise in the articles of incorporation or the bylaws of the state bank. (b) (1) A majority of the issued and outstanding shares entitled to vote at the meeting shall constitute a quorum. (2) If a quorum is present, the vote of a majority of the shares present or represented at the meeting and entitled to vote on the subject matter shall be the act of the stockholders unless the vote of a larger majority is required by the bylaws or by this or any other applicable statute. (c) (1) A stockholder may vote in person, by written proxy, or by means of remote communication according to subdivision (c)(3) of this section. (2) A proxy shall not be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy, but a proxy may be of indefinite duration if coupled with an interest. (3) A stockholder participating in a meeting of stockholders by means of remote communication as provided in § 23-48-326(c) shall be deemed present and is entitled to vote at the meeting if the state bank has implemented reasonable measures to: (A) Verify that each person participating remotely is a stockholder; and (B) Provide each stockholder participating remotely with a reasonable opportunity to participate in the meeting, including an opportunity to vote on matters submitted to the stockholders. (d) (1) For a state bank chartered on or before May 30, 1997, the stockholders of the state bank shall have cumulative voting privileges in the election of directors unless the articles of incorporation of the state bank otherwise provide. (2) For a state bank chartered after May 30, 1997, there shall be no cumulative voting privilege unless the state bank's articles of incorporation so provide. Amended by Act 2021, No. 253,§ 4, eff. 3/4/2021. Amended by Act 2017, No. 548,§ 9, eff. 3/21/2017. Acts 1997, No. 89, § 1.

(a) (1) Each share of stock shall be entitled to one (1) vote on each matter submitted at a meeting of stockholders except to the extent that the voting rights of any class are limited or denied, to an extent permitted by law, by the articles of incorporation or an amendment thereto. (2) (A) Subject to the provisions of subsection (d) of this section, in electing directors at meetings of stockholders, each stockholder of a state bank shall have a right to vote the number of shares owned by him or her for as many persons as there are directors to be elected, or to cumulate the shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock held by him or her shall equal. (B) The stockholder may distribute his or her votes on the same principle among as many candidates as he or she shall see fit, unless it is provided otherwise in the articles of incorporation or the bylaws of the state bank.

(1) Each share of stock shall be entitled to one (1) vote on each matter submitted at a meeting of stockholders except to the extent that the voting rights of any class are limited or denied, to an extent permitted by law, by the articles of incorporation or an amendment thereto.

(2) (A) Subject to the provisions of subsection (d) of this section, in electing directors at meetings of stockholders, each stockholder of a state bank shall have a right to vote the number of shares owned by him or her for as many persons as there are directors to be elected, or to cumulate the shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock held by him or her shall equal. (B) The stockholder may distribute his or her votes on the same principle among as many candidates as he or she shall see fit, unless it is provided otherwise in the articles of incorporation or the bylaws of the state bank.

(A) Subject to the provisions of subsection (d) of this section, in electing directors at meetings of stockholders, each stockholder of a state bank shall have a right to vote the number of shares owned by him or her for as many persons as there are directors to be elected, or to cumulate the shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock held by him or her shall equal.

(B) The stockholder may distribute his or her votes on the same principle among as many candidates as he or she shall see fit, unless it is provided otherwise in the articles of incorporation or the bylaws of the state bank.

(b) (1) A majority of the issued and outstanding shares entitled to vote at the meeting shall constitute a quorum. (2) If a quorum is present, the vote of a majority of the shares present or represented at the meeting and entitled to vote on the subject matter shall be the act of the stockholders unless the vote of a larger majority is required by the bylaws or by this or any other applicable statute.

(1) A majority of the issued and outstanding shares entitled to vote at the meeting shall constitute a quorum.

(2) If a quorum is present, the vote of a majority of the shares present or represented at the meeting and entitled to vote on the subject matter shall be the act of the stockholders unless the vote of a larger majority is required by the bylaws or by this or any other applicable statute.

(c) (1) A stockholder may vote in person, by written proxy, or by means of remote communication according to subdivision (c)(3) of this section. (2) A proxy shall not be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy, but a proxy may be of indefinite duration if coupled with an interest. (3) A stockholder participating in a meeting of stockholders by means of remote communication as provided in § 23-48-326(c) shall be deemed present and is entitled to vote at the meeting if the state bank has implemented reasonable measures to: (A) Verify that each person participating remotely is a stockholder; and (B) Provide each stockholder participating remotely with a reasonable opportunity to participate in the meeting, including an opportunity to vote on matters submitted to the stockholders.

(1) A stockholder may vote in person, by written proxy, or by means of remote communication according to subdivision (c)(3) of this section.

(2) A proxy shall not be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy, but a proxy may be of indefinite duration if coupled with an interest.

(3) A stockholder participating in a meeting of stockholders by means of remote communication as provided in § 23-48-326(c) shall be deemed present and is entitled to vote at the meeting if the state bank has implemented reasonable measures to: (A) Verify that each person participating remotely is a stockholder; and (B) Provide each stockholder participating remotely with a reasonable opportunity to participate in the meeting, including an opportunity to vote on matters submitted to the stockholders.

(A) Verify that each person participating remotely is a stockholder; and

(B) Provide each stockholder participating remotely with a reasonable opportunity to participate in the meeting, including an opportunity to vote on matters submitted to the stockholders.

(d) (1) For a state bank chartered on or before May 30, 1997, the stockholders of the state bank shall have cumulative voting privileges in the election of directors unless the articles of incorporation of the state bank otherwise provide. (2) For a state bank chartered after May 30, 1997, there shall be no cumulative voting privilege unless the state bank's articles of incorporation so provide.

(1) For a state bank chartered on or before May 30, 1997, the stockholders of the state bank shall have cumulative voting privileges in the election of directors unless the articles of incorporation of the state bank otherwise provide.

(2) For a state bank chartered after May 30, 1997, there shall be no cumulative voting privilege unless the state bank's articles of incorporation so provide.

Amended by Act 2021, No. 253,§ 4, eff. 3/4/2021.

Amended by Act 2017, No. 548,§ 9, eff. 3/21/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-86-507 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-507
Filing and form filing requirements
Status: in_force

Each health insurance purchasing group shall file forms as may be described by rules of the Insurance Commissioner. Amended by Act 2019, No. 315,§ 2755, eff. 7/24/2019. Acts 2001, No. 925, § 7.

Each health insurance purchasing group shall file forms as may be described by rules of the Insurance Commissioner.

Amended by Act 2019, No. 315,§ 2755, eff. 7/24/2019.

Acts 2001, No. 925, § 7.
Ark. Code Ann. § 23-42-306 — AR Code / Title 23 / Chapter 42 / Subchapter 3 / Section 23-42-306
Records and reports - Examinations
Status: in_force

(a) Every applicant, registered issuer, registered broker-dealer, or registered investment adviser shall make and keep any accounts, correspondence, memoranda, papers, books, and other records which the Securities Commissioner by rule prescribes. However, this subsection shall not apply to any registered investment adviser that maintains its principal place of business in a state other than Arkansas that: (1) Is registered or licensed as such in the state in which it maintains its principal place of business; and (2) Is in compliance with the applicable books and record-keeping requirements of the state in which it maintains its principal place of business. (b) Every registered broker-dealer, issuer, or investment adviser shall file any financial reports which the commissioner by rule prescribes. (c) If the information contained in any document filed with the commissioner or the commissioner's designee is or becomes inaccurate or incomplete in any material respect, then the registrant shall promptly file a correcting amendment. (d) (1) All the records referred to in subsection (a) of this section are subject, at any time or from time to time, to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or without this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of investors. (2) (A) The applicant, issuer, broker-dealer, or investment adviser shall pay a fee for each examination, not to exceed one hundred fifty dollars ($150) per examiner for each day or for each part of a day during which the examination is conducted. (B) In addition to the fee, the commissioner may require the applicant, issuer, broker-dealer, or investment adviser to pay the actual hotel and traveling expenses of each authorized examiner traveling to and from the office of the commissioner while the examiner is conducting the examination. (3) For the purpose of avoiding unnecessary duplication of examination, the commissioner, insofar as he or she deems it practicable in administering this subsection, may cooperate with the securities administrators of other states, the Securities and Exchange Commission, any national securities exchange or national securities association registered under the Securities Exchange Act of 1934, or any other jurisdiction, agency, or organization charged by law or statute with regulating or prosecuting any aspect of the securities business, and in so cooperating may share any information he or she or his or her representatives may obtain as a result of any investigation or examination. "Examination" shall include the right to reproduce copies of the records referred to in subsection (a) of this section. Amended by Act 2021, No. 533,§ 2, eff. 7/28/2021. Acts 1959, No. 254, § 5; 1961, No. 248, § 3; 1963, No. 479, § 1; 1973, No. 47, §§ 5-7; 1975, No. 844, § 4; 1983, No. 836, § 9; 1985, No. 939, § 3; A.S.A. 1947, § 67-1239; Acts 1995, No. 845, § 17; 1997, No. 173, § 16; 1999, No. 363, § 2; 2009, No. 534, § 8; 2011, No. 339, § 5.

(a) Every applicant, registered issuer, registered broker-dealer, or registered investment adviser shall make and keep any accounts, correspondence, memoranda, papers, books, and other records which the Securities Commissioner by rule prescribes. However, this subsection shall not apply to any registered investment adviser that maintains its principal place of business in a state other than Arkansas that: (1) Is registered or licensed as such in the state in which it maintains its principal place of business; and (2) Is in compliance with the applicable books and record-keeping requirements of the state in which it maintains its principal place of business.

(1) Is registered or licensed as such in the state in which it maintains its principal place of business; and

(2) Is in compliance with the applicable books and record-keeping requirements of the state in which it maintains its principal place of business.

(b) Every registered broker-dealer, issuer, or investment adviser shall file any financial reports which the commissioner by rule prescribes.

(c) If the information contained in any document filed with the commissioner or the commissioner's designee is or becomes inaccurate or incomplete in any material respect, then the registrant shall promptly file a correcting amendment.

(d) (1) All the records referred to in subsection (a) of this section are subject, at any time or from time to time, to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or without this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of investors. (2) (A) The applicant, issuer, broker-dealer, or investment adviser shall pay a fee for each examination, not to exceed one hundred fifty dollars ($150) per examiner for each day or for each part of a day during which the examination is conducted. (B) In addition to the fee, the commissioner may require the applicant, issuer, broker-dealer, or investment adviser to pay the actual hotel and traveling expenses of each authorized examiner traveling to and from the office of the commissioner while the examiner is conducting the examination. (3) For the purpose of avoiding unnecessary duplication of examination, the commissioner, insofar as he or she deems it practicable in administering this subsection, may cooperate with the securities administrators of other states, the Securities and Exchange Commission, any national securities exchange or national securities association registered under the Securities Exchange Act of 1934, or any other jurisdiction, agency, or organization charged by law or statute with regulating or prosecuting any aspect of the securities business, and in so cooperating may share any information he or she or his or her representatives may obtain as a result of any investigation or examination. "Examination" shall include the right to reproduce copies of the records referred to in subsection (a) of this section.

(1) All the records referred to in subsection (a) of this section are subject, at any time or from time to time, to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or without this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of investors.

(2) (A) The applicant, issuer, broker-dealer, or investment adviser shall pay a fee for each examination, not to exceed one hundred fifty dollars ($150) per examiner for each day or for each part of a day during which the examination is conducted. (B) In addition to the fee, the commissioner may require the applicant, issuer, broker-dealer, or investment adviser to pay the actual hotel and traveling expenses of each authorized examiner traveling to and from the office of the commissioner while the examiner is conducting the examination.

(A) The applicant, issuer, broker-dealer, or investment adviser shall pay a fee for each examination, not to exceed one hundred fifty dollars ($150) per examiner for each day or for each part of a day during which the examination is conducted.

(B) In addition to the fee, the commissioner may require the applicant, issuer, broker-dealer, or investment adviser to pay the actual hotel and traveling expenses of each authorized examiner traveling to and from the office of the commissioner while the examiner is conducting the examination.

(3) For the purpose of avoiding unnecessary duplication of examination, the commissioner, insofar as he or she deems it practicable in administering this subsection, may cooperate with the securities administrators of other states, the Securities and Exchange Commission, any national securities exchange or national securities association registered under the Securities Exchange Act of 1934, or any other jurisdiction, agency, or organization charged by law or statute with regulating or prosecuting any aspect of the securities business, and in so cooperating may share any information he or she or his or her representatives may obtain as a result of any investigation or examination. "Examination" shall include the right to reproduce copies of the records referred to in subsection (a) of this section.

Amended by Act 2021, No. 533,§ 2, eff. 7/28/2021.

Acts 1959, No. 254, § 5; 1961, No. 248, § 3; 1963, No. 479, § 1; 1973, No. 47, §§ 5-7; 1975, No. 844, § 4; 1983, No. 836, § 9; 1985, No. 939, § 3; A.S.A. 1947, § 67-1239; Acts 1995, No. 845, § 17; 1997, No. 173, § 16; 1999, No. 363, § 2; 2009, No. 534, § 8; 2011, No. 339, § 5.
Ark. Code Ann. § 23-62-303 — AR Code / Title 23 / Chapter 62 / Subchapter 3 / Section 23-62-303
Report of funds withheld under reinsurance treaties
Status: in_force

Deposits and funds withheld under reinsurance treaties shall be reported in the annual statement in the exhibit entitled "Special Deposits Not for the Protection of All Policyholders". Acts 1977, No. 790, § 3; A.S.A. 1947, § 66-2413; Acts 1991, No. 723, § 10.

Deposits and funds withheld under reinsurance treaties shall be reported in the annual statement in the exhibit entitled "Special Deposits Not for the Protection of All Policyholders".

Acts 1977, No. 790, § 3; A.S.A. 1947, § 66-2413; Acts 1991, No. 723, § 10.
Ark. Code Ann. § 23-61-502 — AR Code / Title 23 / Chapter 61 / Subchapter 5 / Section 23-61-502
Exempt healthcare plans
Status: in_force

The provisions of this subchapter shall not apply to those healthcare plans which are maintained: (1) Pursuant to a collective bargaining agreement; (2) By a tax-exempt rural electric cooperative; (3) By The Poultry Federation; or (4) By any nonprofit vision service plan corporation composed of at least fifty (50) participating optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for so that no element of risk is incurred by any subscriber group or person. Amended by Act 2019, No. 315,§ 2616, eff. 7/24/2019. Acts 1983, No. 728, § 8; 1985, No. 794, § 1; A.S.A. 1947, § 66-2026.

The provisions of this subchapter shall not apply to those healthcare plans which are maintained:

(1) Pursuant to a collective bargaining agreement;

(2) By a tax-exempt rural electric cooperative;

(3) By The Poultry Federation; or

(4) By any nonprofit vision service plan corporation composed of at least fifty (50) participating optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for so that no element of risk is incurred by any subscriber group or person.

Amended by Act 2019, No. 315,§ 2616, eff. 7/24/2019.

Acts 1983, No. 728, § 8; 1985, No. 794, § 1; A.S.A. 1947, § 66-2026.
Ark. Code Ann. § 23-11-312 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-312
Rights and privileges of consolidated and purchasing companies
Status: in_force

(a) When any two (2) railroad companies shall become consolidated under the laws of this state or when any railroad which has been wholly or partially constructed shall become the lawful purchaser or owner of another line which has not been constructed, the consolidated company, or company purchasing the unconstructed line, shall have all the rights, privileges, and franchises of the original companies and have the same length of time from the date of consolidation within which to comply with the requirements of Acts 1885, No. 104, §§ 1 and 2 [repealed], as was originally allowed to railroad companies under that act. (b) Nothing contained in this section shall be so construed as to exempt any railroad or extension or branch thereof from legislative control in the same manner and to the same extent as railroads organized under the general laws of this state. Acts 1889, No. 116, § 2, p. 171; C. & M. Dig., § 8543; Pope's Dig., § 11119; A.S.A. 1947, § 73-418.

(a) When any two (2) railroad companies shall become consolidated under the laws of this state or when any railroad which has been wholly or partially constructed shall become the lawful purchaser or owner of another line which has not been constructed, the consolidated company, or company purchasing the unconstructed line, shall have all the rights, privileges, and franchises of the original companies and have the same length of time from the date of consolidation within which to comply with the requirements of Acts 1885, No. 104, §§ 1 and 2 [repealed], as was originally allowed to railroad companies under that act.

(b) Nothing contained in this section shall be so construed as to exempt any railroad or extension or branch thereof from legislative control in the same manner and to the same extent as railroads organized under the general laws of this state.

Acts 1889, No. 116, § 2, p. 171; C. & M. Dig., § 8543; Pope's Dig., § 11119; A.S.A. 1947, § 73-418.
Ark. Code Ann. § 23-89-207 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-207
Insurer's right of reimbursement
Status: in_force

(a) Whenever a recipient of benefits under § 23-89-202(1) and (2) recovers in tort for injury, either by settlement or judgment, the insurer paying the benefits has a right of reimbursement and credit out of the tort recovery or settlement, less the cost of collection, as defined. (b) All cost of collection thereof shall be assessed against the insurer and insured in the proportion each benefits from the recovery. (c) The insurer shall have a lien upon the recovery to the extent of its benefit payments. (d) The insurer for the party who is liable in damages to the injured party shall not condition settlement or payment of a judgment in favor of the injured party upon issuing a single check jointly to the injured party and the injured party's insurance company. Acts 1973, No. 138, § 6; A.S.A. 1947, § 66-4019; Acts 2005, No. 269, § 1.

(a) Whenever a recipient of benefits under § 23-89-202(1) and (2) recovers in tort for injury, either by settlement or judgment, the insurer paying the benefits has a right of reimbursement and credit out of the tort recovery or settlement, less the cost of collection, as defined.

(b) All cost of collection thereof shall be assessed against the insurer and insured in the proportion each benefits from the recovery.

(c) The insurer shall have a lien upon the recovery to the extent of its benefit payments.

(d) The insurer for the party who is liable in damages to the injured party shall not condition settlement or payment of a judgment in favor of the injured party upon issuing a single check jointly to the injured party and the injured party's insurance company.

Acts 1973, No. 138, § 6; A.S.A. 1947, § 66-4019; Acts 2005, No. 269, § 1.
Ark. Code Ann. § 23-101-107 — AR Code / Title 23 / Chapter 101 / Section 23-101-107
Evidence of coverage
Status: in_force

(a) Creditor-placed insurance shall be set forth in an individual policy or certificate of insurance. (b) A copy of the individual policy, certificate of insurance coverage, or other evidence of insurance coverage shall be mailed, first class mail, or delivered in person to the last known address of the debtor. Acts 1997, No. 930, § 7.

(a) Creditor-placed insurance shall be set forth in an individual policy or certificate of insurance.

(b) A copy of the individual policy, certificate of insurance coverage, or other evidence of insurance coverage shall be mailed, first class mail, or delivered in person to the last known address of the debtor.

Acts 1997, No. 930, § 7.
Ark. Code Ann. § 23-99-1203 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1203
All-products clause - Prohibition
Status: in_force

(a) Except as provided in subsections (b) and (d) of this section, a contracting entity shall not: (1) Offer to a healthcare provider a healthcare contract that includes an all-products clause; (2) Enter into a healthcare contract with a healthcare provider that includes an all-products clause; or (3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the healthcare contract as amended or renewed adds or continues to include an all-products clause. (b) (1) This section does not prohibit a contracting entity from: (A) Offering a healthcare provider a contract that covers multiple health benefit plans that have the same reimbursement rates and other financial terms for the healthcare provider; (B) Adding a new health benefit plan to an existing healthcare contract with a healthcare provider under the same reimbursement rates and other financial terms applicable under the original healthcare contract; or (C) Requiring a healthcare provider to accept multiple health benefit plans that do not differ in reimbursement rates or other financial terms for the healthcare provider. (2) A healthcare contract may include health benefit plans or coverage options for enrollees within a health benefit plan with different cost-sharing structures, including different deductibles or copayments, as long as the reimbursement rates and other financial terms between the contracting entity and the healthcare provider remain the same for each plan or coverage option included in the healthcare contract. (3) This section does not authorize a healthcare provider to: (A) Opt out of providing services to an enrollee of a particular health benefit plan after the healthcare provider has entered into a valid contract under this section to provide the services; or (B) Refuse to disclose the provider networks or health benefit plans in which the healthcare provider participates. (c) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void. (d) A contracting entity may require a healthcare provider to participate in the State and Public School Life and Health Insurance Program as a condition of contracting or continuing to contract with the healthcare provider for healthcare services under another health benefit plan, if: (1) The other health benefit plan is an individual health plan not sold on the health insurance marketplace, as defined in § 23-64-602 ; and (2) The rates offered to the healthcare provider for healthcare services to program enrollees are no lower than the rates paid to the healthcare provider under the other health benefit plan. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) Except as provided in subsections (b) and (d) of this section, a contracting entity shall not: (1) Offer to a healthcare provider a healthcare contract that includes an all-products clause; (2) Enter into a healthcare contract with a healthcare provider that includes an all-products clause; or (3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the healthcare contract as amended or renewed adds or continues to include an all-products clause.

(1) Offer to a healthcare provider a healthcare contract that includes an all-products clause;

(2) Enter into a healthcare contract with a healthcare provider that includes an all-products clause; or

(3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the healthcare contract as amended or renewed adds or continues to include an all-products clause.

(b) (1) This section does not prohibit a contracting entity from: (A) Offering a healthcare provider a contract that covers multiple health benefit plans that have the same reimbursement rates and other financial terms for the healthcare provider; (B) Adding a new health benefit plan to an existing healthcare contract with a healthcare provider under the same reimbursement rates and other financial terms applicable under the original healthcare contract; or (C) Requiring a healthcare provider to accept multiple health benefit plans that do not differ in reimbursement rates or other financial terms for the healthcare provider. (2) A healthcare contract may include health benefit plans or coverage options for enrollees within a health benefit plan with different cost-sharing structures, including different deductibles or copayments, as long as the reimbursement rates and other financial terms between the contracting entity and the healthcare provider remain the same for each plan or coverage option included in the healthcare contract. (3) This section does not authorize a healthcare provider to: (A) Opt out of providing services to an enrollee of a particular health benefit plan after the healthcare provider has entered into a valid contract under this section to provide the services; or (B) Refuse to disclose the provider networks or health benefit plans in which the healthcare provider participates.

(1) This section does not prohibit a contracting entity from: (A) Offering a healthcare provider a contract that covers multiple health benefit plans that have the same reimbursement rates and other financial terms for the healthcare provider; (B) Adding a new health benefit plan to an existing healthcare contract with a healthcare provider under the same reimbursement rates and other financial terms applicable under the original healthcare contract; or (C) Requiring a healthcare provider to accept multiple health benefit plans that do not differ in reimbursement rates or other financial terms for the healthcare provider.

(A) Offering a healthcare provider a contract that covers multiple health benefit plans that have the same reimbursement rates and other financial terms for the healthcare provider;

(B) Adding a new health benefit plan to an existing healthcare contract with a healthcare provider under the same reimbursement rates and other financial terms applicable under the original healthcare contract; or

(C) Requiring a healthcare provider to accept multiple health benefit plans that do not differ in reimbursement rates or other financial terms for the healthcare provider.

(2) A healthcare contract may include health benefit plans or coverage options for enrollees within a health benefit plan with different cost-sharing structures, including different deductibles or copayments, as long as the reimbursement rates and other financial terms between the contracting entity and the healthcare provider remain the same for each plan or coverage option included in the healthcare contract.

(3) This section does not authorize a healthcare provider to: (A) Opt out of providing services to an enrollee of a particular health benefit plan after the healthcare provider has entered into a valid contract under this section to provide the services; or (B) Refuse to disclose the provider networks or health benefit plans in which the healthcare provider participates.

(A) Opt out of providing services to an enrollee of a particular health benefit plan after the healthcare provider has entered into a valid contract under this section to provide the services; or

(B) Refuse to disclose the provider networks or health benefit plans in which the healthcare provider participates.

(c) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void.

(1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq.

(A) An unfair trade practice under § 23-66-206 ; and

(B) Subject to the Trade Practices Act, § 23-66-201 et seq.

(2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void.

(d) A contracting entity may require a healthcare provider to participate in the State and Public School Life and Health Insurance Program as a condition of contracting or continuing to contract with the healthcare provider for healthcare services under another health benefit plan, if: (1) The other health benefit plan is an individual health plan not sold on the health insurance marketplace, as defined in § 23-64-602 ; and (2) The rates offered to the healthcare provider for healthcare services to program enrollees are no lower than the rates paid to the healthcare provider under the other health benefit plan.

(1) The other health benefit plan is an individual health plan not sold on the health insurance marketplace, as defined in § 23-64-602 ; and

(2) The rates offered to the healthcare provider for healthcare services to program enrollees are no lower than the rates paid to the healthcare provider under the other health benefit plan.

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-2-210 — AR Code / Title 23 / Chapter 2 / Subchapter 2 / Section 23-2-210
[Repealed]
Status: repealed

Repealed by Act 2017, No. 707,§ 94, eff. 8/1/2017. Acts 1957, No. 132, § 11; A.S.A. 1947, § 73-162.

Repealed by Act 2017, No. 707,§ 94, eff. 8/1/2017.

Acts 1957, No. 132, § 11; A.S.A. 1947, § 73-162.
Ark. Code Ann. § 23-81-137 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-137
Requirements to change designated or named beneficiary of life insurance policy or annuity contract - Prohibition
Status: in_force

A designated or named beneficiary of a life insurance policy or annuity contract: (1) Can be changed according to the terms of the life insurance policy or annuity contract; and (2) Cannot be changed in a will. Added by Act 2021, No. 925,§ 1, eff. 7/28/2021.

A designated or named beneficiary of a life insurance policy or annuity contract:

(1) Can be changed according to the terms of the life insurance policy or annuity contract; and

(2) Cannot be changed in a will.

Added by Act 2021, No. 925,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-17-228 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-228
Nonprofit operation
Status: in_force

(a) Each cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. (b) (1) The bylaws of a cooperative or its contracts with members and patrons shall contain provisions consistent with § 23-17-229 relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit cooperative character. (2) In the case of a cooperative authorized to issue shares of stock, the bylaws and contracts shall provide that no moneys shall be paid, except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the certificate of incorporation of the cooperative, and the bylaws or contracts shall otherwise be consistent with cooperatives' obligations in respect to the shares of stock. (c) Subject to the provisions of this subchapter, the articles of incorporation of the cooperative, and the bylaws of the cooperative, the cooperative's board of directors shall have the authority to determine the qualifications for a person to be considered a "patron" of the cooperative. Acts 1951, No. 51, § 27; A.S.A. 1947, § 77-1627; Acts 1989, No. 437, § 17; 1999, No. 946, § 10.

(a) Each cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons.

(b) (1) The bylaws of a cooperative or its contracts with members and patrons shall contain provisions consistent with § 23-17-229 relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit cooperative character. (2) In the case of a cooperative authorized to issue shares of stock, the bylaws and contracts shall provide that no moneys shall be paid, except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the certificate of incorporation of the cooperative, and the bylaws or contracts shall otherwise be consistent with cooperatives' obligations in respect to the shares of stock.

(1) The bylaws of a cooperative or its contracts with members and patrons shall contain provisions consistent with § 23-17-229 relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit cooperative character.

(2) In the case of a cooperative authorized to issue shares of stock, the bylaws and contracts shall provide that no moneys shall be paid, except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the certificate of incorporation of the cooperative, and the bylaws or contracts shall otherwise be consistent with cooperatives' obligations in respect to the shares of stock.

(c) Subject to the provisions of this subchapter, the articles of incorporation of the cooperative, and the bylaws of the cooperative, the cooperative's board of directors shall have the authority to determine the qualifications for a person to be considered a "patron" of the cooperative.

Acts 1951, No. 51, § 27; A.S.A. 1947, § 77-1627; Acts 1989, No. 437, § 17; 1999, No. 946, § 10.