Ark. Code Ann. § 23-99-1502 — AR Code / Title 23 / Chapter 99 / Subchapter 15 / Section 23-99-1502
Definitions
Status: in_force

As used in this subchapter: (1) "Enrollee" means an individual who is entitled to receive healthcare services under the terms of a health benefit plan; (2) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, delivered, or extended in this state by a healthcare payor in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan; (3) (A) "Healthcare payor" means: (i) A health insurance company; (ii) A health maintenance organization; (iii) A hospital and medical services corporation; and (iv) An entity that provides or administers a self-funded health benefit plan, including a governmental plan. (B) "Healthcare payor" does not include an entity that provides only dental benefits or eye and vision care benefits; (4) "Healthcare provider" means individuals or entities licensed by the State of Arkansas to provide healthcare services, limited to the following: (A) Advanced practice nurses; (B) Athletic trainers; (C) Audiologists; (D) Certified behavioral health providers; (E) Certified orthotists; (F) Chiropractors; (G) Community mental health centers or clinics; (H) Dentists; (I) Home health care; (J) Hospice care; (K) Hospital-based services; (L) Hospitals; (M) Licensed ambulatory surgery centers; (N) Licensed certified social workers; (O) Licensed dieticians; (P) Licensed intellectual and developmental disabilities service providers; (Q) Licensed professional counselors; (R) Licensed psychological examiners; (S) Long-term care facilities; (T) Occupational therapists; (U) Optometrists; (V) Pharmacists; (W) Physical therapists; (X) Physicians and surgeons (M.D. and D.O.); (Y) Podiatrists; (Z) Prosthetists; (AA) Psychologists; (BB) Respiratory therapists; (CC) Rural health clinics; and (DD) Speech pathologists; (5) "Healthcare services" means services and products, including prescription medication, provided by a healthcare provider within the scope of the healthcare provider's license; and (6) "Prescription medication" means a drug or biologic that is prescribed by a healthcare provider to a patient for the purpose of alleviating, curing, preventing, or healing illness, injury, or physical disability. Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.

As used in this subchapter:

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

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

(A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, delivered, or extended in this state by a healthcare payor in this state.

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

(i) Indemnity and managed care plans; and

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

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

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

(ii) A disability income plan;

(iii) A credit insurance plan;

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

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

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

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

(viii) An accident-only plan; or

(ix) A specified disease plan;

(3) (A) "Healthcare payor" means: (i) A health insurance company; (ii) A health maintenance organization; (iii) A hospital and medical services corporation; and (iv) An entity that provides or administers a self-funded health benefit plan, including a governmental plan. (B) "Healthcare payor" does not include an entity that provides only dental benefits or eye and vision care benefits;

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

(i) A health insurance company;

(ii) A health maintenance organization;

(iii) A hospital and medical services corporation; and

(iv) An entity that provides or administers a self-funded health benefit plan, including a governmental plan.

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

(4) "Healthcare provider" means individuals or entities licensed by the State of Arkansas to provide healthcare services, limited to the following: (A) Advanced practice nurses; (B) Athletic trainers; (C) Audiologists; (D) Certified behavioral health providers; (E) Certified orthotists; (F) Chiropractors; (G) Community mental health centers or clinics; (H) Dentists; (I) Home health care; (J) Hospice care; (K) Hospital-based services; (L) Hospitals; (M) Licensed ambulatory surgery centers; (N) Licensed certified social workers; (O) Licensed dieticians; (P) Licensed intellectual and developmental disabilities service providers; (Q) Licensed professional counselors; (R) Licensed psychological examiners; (S) Long-term care facilities; (T) Occupational therapists; (U) Optometrists; (V) Pharmacists; (W) Physical therapists; (X) Physicians and surgeons (M.D. and D.O.); (Y) Podiatrists; (Z) Prosthetists; (AA) Psychologists; (BB) Respiratory therapists; (CC) Rural health clinics; and (DD) Speech pathologists;

(A) Advanced practice nurses;

(B) Athletic trainers;

(C) Audiologists;

(D) Certified behavioral health providers;

(E) Certified orthotists;

(F) Chiropractors;

(G) Community mental health centers or clinics;

(H) Dentists;

(I) Home health care;

(J) Hospice care;

(K) Hospital-based services;

(L) Hospitals;

(M) Licensed ambulatory surgery centers;

(N) Licensed certified social workers;

(O) Licensed dieticians;

(P) Licensed intellectual and developmental disabilities service providers;

(Q) Licensed professional counselors;

(R) Licensed psychological examiners;

(S) Long-term care facilities;

(T) Occupational therapists;

(U) Optometrists;

(V) Pharmacists;

(W) Physical therapists;

(X) Physicians and surgeons (M.D. and D.O.);

(Y) Podiatrists;

(Z) Prosthetists;

(AA) Psychologists;

(BB) Respiratory therapists;

(CC) Rural health clinics; and

(DD) Speech pathologists;

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

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

Added by Act 2021, No. 1105,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-99-1105 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1105
Prior authorization - Nonurgent healthcare service
Status: in_force

(a) If a utilization review entity requires prior authorization of a nonurgent healthcare service, the utilization review entity shall make an authorization or adverse determination and notify the subscriber and the subscriber's nonurgent healthcare provider of the decision within two (2) business days of obtaining all necessary information to make the authorization or adverse determination. (b) For purposes of this section, "necessary information" includes the results of any face-to-face clinical evaluation or second opinion that may be required. (c) (1) If a utilization review entity denies a prior authorization of a nonurgent healthcare service, then the subscriber or the healthcare provider may elect to appeal the denial of the prior authorization of the nonurgent healthcare service. (2) If a denial of a prior authorization of a nonurgent healthcare service is appealed to the utilization review entity, then within four (4) business days of receiving all necessary information required, the utilization review entity shall: (A) Make an authorization or adverse determination; and (B) Notify the subscriber and the healthcare provider that appealed the denial of the prior authorization of the nonurgent healthcare service of the decision. (3) This subsection applies to an enrollee who is being evaluated or treated for: (A) A hematology diagnosis; (B) An oncology diagnosis; or (C) An additional disease state or other diagnoses that the Insurance Commissioner may include by rule. Amended by Act 2023, No. 501,§ 2, eff. 8/1/2023. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) If a utilization review entity requires prior authorization of a nonurgent healthcare service, the utilization review entity shall make an authorization or adverse determination and notify the subscriber and the subscriber's nonurgent healthcare provider of the decision within two (2) business days of obtaining all necessary information to make the authorization or adverse determination.

(b) For purposes of this section, "necessary information" includes the results of any face-to-face clinical evaluation or second opinion that may be required.

(c) (1) If a utilization review entity denies a prior authorization of a nonurgent healthcare service, then the subscriber or the healthcare provider may elect to appeal the denial of the prior authorization of the nonurgent healthcare service. (2) If a denial of a prior authorization of a nonurgent healthcare service is appealed to the utilization review entity, then within four (4) business days of receiving all necessary information required, the utilization review entity shall: (A) Make an authorization or adverse determination; and (B) Notify the subscriber and the healthcare provider that appealed the denial of the prior authorization of the nonurgent healthcare service of the decision. (3) This subsection applies to an enrollee who is being evaluated or treated for: (A) A hematology diagnosis; (B) An oncology diagnosis; or (C) An additional disease state or other diagnoses that the Insurance Commissioner may include by rule.

(1) If a utilization review entity denies a prior authorization of a nonurgent healthcare service, then the subscriber or the healthcare provider may elect to appeal the denial of the prior authorization of the nonurgent healthcare service.

(2) If a denial of a prior authorization of a nonurgent healthcare service is appealed to the utilization review entity, then within four (4) business days of receiving all necessary information required, the utilization review entity shall: (A) Make an authorization or adverse determination; and (B) Notify the subscriber and the healthcare provider that appealed the denial of the prior authorization of the nonurgent healthcare service of the decision.

(A) Make an authorization or adverse determination; and

(B) Notify the subscriber and the healthcare provider that appealed the denial of the prior authorization of the nonurgent healthcare service of the decision.

(3) This subsection applies to an enrollee who is being evaluated or treated for: (A) A hematology diagnosis; (B) An oncology diagnosis; or (C) An additional disease state or other diagnoses that the Insurance Commissioner may include by rule.

(A) A hematology diagnosis;

(B) An oncology diagnosis; or

(C) An additional disease state or other diagnoses that the Insurance Commissioner may include by rule.

Amended by Act 2023, No. 501,§ 2, eff. 8/1/2023.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-61-1004 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1004
Administration
Status: in_force

(a) (1) The Department of Human Services, in coordination with the State Insurance Department and other state agencies, as necessary, shall: (A) Provide healthcare coverage under this subchapter to eligible individuals; (B) Create and administer the Arkansas Health and Opportunity for Me Program by: (i) Applying for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement the Arkansas Health and Opportunity for Me Program in a manner consistent with this subchapter; and (ii) Administering the Arkansas Health and Opportunity for Me Program as approved by the Centers for Medicare & Medicaid Services; (C) (i) Administer the economic independence initiative designed to reduce the short-term effects of the work penalty and the long-term effects of poverty on health outcomes among program participants through incentives and disincentives. (ii) The Department of Human Services shall align the economic independence initiative with other state-administered work-related programs to the extent practicable; (D) Screen, refer, and assist eligible individuals through community bridge organizations under agreements with the Department of Human Services; (E) Offer incentives to promote personal responsibility, individual health, and economic independence through individual qualified health insurance plans and community bridge organizations; and (F) Seek a waiver to reduce the period of retroactive eligibility for an eligible individual under this subchapter to thirty (30) days before the date of the application. (2) The Governor shall request the assistance and involvement of other state agencies that he or she deems necessary for the implementation of the Arkansas Health and Opportunity for Me Program. (b) Healthcare coverage under this subchapter shall be provided through enrollment in: (1) An individual qualified health insurance plan through a health insurer; (2) A risk-based provider organization; (3) An employer-sponsored health insurance coverage; or (4) The fee-for-service Arkansas Medicaid Program. (c) Annually, the Department of Human Services shall develop purchasing guidelines that: (1) Describe which individual qualified health insurance plans are suitable for purchase in the next demonstration year, including without limitation: (A) The level of the plan; (B) The amounts of allowable premiums; (C) Cost sharing; (D) Auto-assignment methodology; and (E) The total per-member-per-month enrollment range; and (2) Ensure that: (A) Payments to an individual qualified health insurance plan do not exceed budget neutrality limitations in each demonstration year; (B) The total payments to all of the individual qualified health insurance plans offered by the health insurers for eligible individuals combined do not exceed budget targets for the Arkansas Health and Opportunity for Me Program in each demonstration year that the Department of Human Services may achieve by: (i) Setting in advance an enrollment range to represent the minimum and a maximum total monthly number of enrollees into all individual qualified health insurance plans no later than April 30 of each demonstration year in order for the individual qualified health insurance plans to file rates for the following demonstration year; (ii) Temporarily suspending auto-assignment into the individual qualified health insurance plans at any time in a demonstration year if necessary, to remain within the enrollment range and budget targets for the demonstration year; and (iii) Developing a methodology for random auto-assignment of program participants into the individual qualified health insurance plans after a suspension period has ended; (C) Individual qualified health insurance plans meet and report quality and performance measurement targets set by the Department of Human Services; and (D) At least two (2) health insurers offer individual qualified health insurance plans in each county in the state. (d) (1) The Department of Human Services, the State Insurance Department, and each of the individual qualified health insurance plans shall enter into a memorandum of understanding that shall specify the duties and obligations of each party in the operation of the Arkansas Health and Opportunity for Me Program, including provisions necessary to effectuate the purchasing guidelines and reporting requirements, at least thirty (30) calendar days before the annual open enrollment period. (2) If a memorandum of understanding is not fully executed with a health insurer by January 1 of each new demonstration year, the Department of Human Services shall suspend auto-assignment of new members to the health insurers until the first day of the month after the new memorandum of understanding is fully executed. (3) The memorandum of understanding shall include financial sanctions determined appropriate by the Department of Human Services that may be applied if the Department of Human Services determines that an individual qualified health insurance plan has not met the quality and performance measurement targets or any other condition of the memorandum of understanding. (4) (A) If the Department of Human Services determines that the individual qualified health insurance plans have not met the quality and health performance targets for two (2) years, the Department of Human Services shall develop additional reforms to achieve the quality and health performance targets. (B) If legislative action is required to implement the additional reforms described in subdivision (d)(4)(A) of this section, the Department of Human Services may take the action to the Legislative Council or the Executive Subcommittee of the Legislative Council for immediate action. (e) The Department of Human Services shall: (1) Adopt premiums and cost-sharing levels for individuals enrolled in the Arkansas Health and Opportunity for Me Program, not to exceed aggregate limits under 42 C.F.R. § 447.56 ; (2) (A) Establish and maintain a process for premium payments, advanced cost-sharing reduction payments, and reconciliation payments to health insurers. (B) The process described in subdivision (e)(2)(A) of this section shall attribute any unpaid member liabilities as solely the financial obligation of the individual member. (C) The Department of Human Services shall not include any unpaid individual member obligation in any payment or financial reconciliation with health insurers or in a future premium rate; and (3) (A) Calculate a total per-member-per-month amount for each individual qualified health insurance plan based on all payments made by the Department of Human Services on behalf of an individual enrolled in the individual qualified health insurance plan. (B) (i) The amount described in subdivision (e)(3)(A) of this section shall include premium payments, advanced cost-sharing reduction payments for services provided to covered individuals during the demonstration year, and any other payments accruing to the budget neutrality target for plan-enrolled individuals made during the demonstration year and the member months for each demonstration year. (ii) The total per-member-per-month upper limit is the budget neutrality per-member-per-month limit established in the approved demonstration for each demonstration year. (C) If the Department of Human Services calculates that the total per-member-per-month limit for an individual qualified health insurance plan for that demonstration year exceeds the budget neutrality per-member-per-month limit for that demonstration year, the Department of Human Services shall not make any additional reconciliation payments to the health insurer for that individual qualified health insurance plan. (D) If the Department of Human Services determines that the budget neutrality limit has been exceeded, the Department of Human Services shall recover the excess funds from the health insurer for that individual qualified health insurance plan. (f) (1) If the federal medical assistance percentages for the Arkansas Health and Opportunity for Me Program are reduced to below ninety percent (90%), the Department of Human Services shall present to the Centers for Medicare & Medicaid Services a plan within thirty (30) days of the reduction to terminate the Arkansas Health and Opportunity for Me Program and transition eligible individuals out of the Arkansas Health and Opportunity for Me Program within one hundred twenty (120) days of the reduction. (2) An eligible individual shall maintain coverage during the process to implement the plan to terminate the Arkansas Health and Opportunity for Me Program and the transition of eligible individuals out of the Arkansas Health and Opportunity for Me Program. (g) (1) A health insurer that is providing an individual qualified health insurance plan or employer health insurance coverage for an eligible individual shall submit claims and enrollment data to the Department of Human Services to facilitate reporting required under this subchapter or other state or federally required reporting or evaluation activities. (2) A health insurer may utilize existing mechanisms with supplemental enrollment information to fulfill requirements under this subchapter, including without limitation the state's all-payer claims database established under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq., for claims and enrollment data submission. (h) (1) The Governor shall request a block grant under relevant federal law and regulations for the funding of the Arkansas Medicaid Program as soon as practical if the federal law or regulations change to allow the approval of a block grant for this purpose. (2) The Governor shall request a waiver under relevant federal law and regulations for a work requirement as a condition of maintaining coverage in the Arkansas Medicaid Program as soon as practical if the federal law or regulations change to allow the approval of a waiver for this purpose. Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Amended by Act 2019, No. 910,§ 601, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 600, eff. 7/1/2019. Amended by Act 2017EX1, No. 6,§ 5, eff. 12/31/2017. Amended by Act 2017EX1, No. 3,§ 5, eff. 12/31/2017. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

(a) (1) The Department of Human Services, in coordination with the State Insurance Department and other state agencies, as necessary, shall: (A) Provide healthcare coverage under this subchapter to eligible individuals; (B) Create and administer the Arkansas Health and Opportunity for Me Program by: (i) Applying for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement the Arkansas Health and Opportunity for Me Program in a manner consistent with this subchapter; and (ii) Administering the Arkansas Health and Opportunity for Me Program as approved by the Centers for Medicare & Medicaid Services; (C) (i) Administer the economic independence initiative designed to reduce the short-term effects of the work penalty and the long-term effects of poverty on health outcomes among program participants through incentives and disincentives. (ii) The Department of Human Services shall align the economic independence initiative with other state-administered work-related programs to the extent practicable; (D) Screen, refer, and assist eligible individuals through community bridge organizations under agreements with the Department of Human Services; (E) Offer incentives to promote personal responsibility, individual health, and economic independence through individual qualified health insurance plans and community bridge organizations; and (F) Seek a waiver to reduce the period of retroactive eligibility for an eligible individual under this subchapter to thirty (30) days before the date of the application. (2) The Governor shall request the assistance and involvement of other state agencies that he or she deems necessary for the implementation of the Arkansas Health and Opportunity for Me Program.

(1) The Department of Human Services, in coordination with the State Insurance Department and other state agencies, as necessary, shall: (A) Provide healthcare coverage under this subchapter to eligible individuals; (B) Create and administer the Arkansas Health and Opportunity for Me Program by: (i) Applying for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement the Arkansas Health and Opportunity for Me Program in a manner consistent with this subchapter; and (ii) Administering the Arkansas Health and Opportunity for Me Program as approved by the Centers for Medicare & Medicaid Services; (C) (i) Administer the economic independence initiative designed to reduce the short-term effects of the work penalty and the long-term effects of poverty on health outcomes among program participants through incentives and disincentives. (ii) The Department of Human Services shall align the economic independence initiative with other state-administered work-related programs to the extent practicable; (D) Screen, refer, and assist eligible individuals through community bridge organizations under agreements with the Department of Human Services; (E) Offer incentives to promote personal responsibility, individual health, and economic independence through individual qualified health insurance plans and community bridge organizations; and (F) Seek a waiver to reduce the period of retroactive eligibility for an eligible individual under this subchapter to thirty (30) days before the date of the application.

(A) Provide healthcare coverage under this subchapter to eligible individuals;

(B) Create and administer the Arkansas Health and Opportunity for Me Program by: (i) Applying for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement the Arkansas Health and Opportunity for Me Program in a manner consistent with this subchapter; and (ii) Administering the Arkansas Health and Opportunity for Me Program as approved by the Centers for Medicare & Medicaid Services;

(i) Applying for any federal waivers, Medicaid state plan amendments, or other authority necessary to implement the Arkansas Health and Opportunity for Me Program in a manner consistent with this subchapter; and

(ii) Administering the Arkansas Health and Opportunity for Me Program as approved by the Centers for Medicare & Medicaid Services;

(C) (i) Administer the economic independence initiative designed to reduce the short-term effects of the work penalty and the long-term effects of poverty on health outcomes among program participants through incentives and disincentives. (ii) The Department of Human Services shall align the economic independence initiative with other state-administered work-related programs to the extent practicable;

(i) Administer the economic independence initiative designed to reduce the short-term effects of the work penalty and the long-term effects of poverty on health outcomes among program participants through incentives and disincentives.

(ii) The Department of Human Services shall align the economic independence initiative with other state-administered work-related programs to the extent practicable;

(D) Screen, refer, and assist eligible individuals through community bridge organizations under agreements with the Department of Human Services;

(E) Offer incentives to promote personal responsibility, individual health, and economic independence through individual qualified health insurance plans and community bridge organizations; and

(F) Seek a waiver to reduce the period of retroactive eligibility for an eligible individual under this subchapter to thirty (30) days before the date of the application.

(2) The Governor shall request the assistance and involvement of other state agencies that he or she deems necessary for the implementation of the Arkansas Health and Opportunity for Me Program.

(b) Healthcare coverage under this subchapter shall be provided through enrollment in: (1) An individual qualified health insurance plan through a health insurer; (2) A risk-based provider organization; (3) An employer-sponsored health insurance coverage; or (4) The fee-for-service Arkansas Medicaid Program.

(1) An individual qualified health insurance plan through a health insurer;

(2) A risk-based provider organization;

(3) An employer-sponsored health insurance coverage; or

(4) The fee-for-service Arkansas Medicaid Program.

(c) Annually, the Department of Human Services shall develop purchasing guidelines that: (1) Describe which individual qualified health insurance plans are suitable for purchase in the next demonstration year, including without limitation: (A) The level of the plan; (B) The amounts of allowable premiums; (C) Cost sharing; (D) Auto-assignment methodology; and (E) The total per-member-per-month enrollment range; and (2) Ensure that: (A) Payments to an individual qualified health insurance plan do not exceed budget neutrality limitations in each demonstration year; (B) The total payments to all of the individual qualified health insurance plans offered by the health insurers for eligible individuals combined do not exceed budget targets for the Arkansas Health and Opportunity for Me Program in each demonstration year that the Department of Human Services may achieve by: (i) Setting in advance an enrollment range to represent the minimum and a maximum total monthly number of enrollees into all individual qualified health insurance plans no later than April 30 of each demonstration year in order for the individual qualified health insurance plans to file rates for the following demonstration year; (ii) Temporarily suspending auto-assignment into the individual qualified health insurance plans at any time in a demonstration year if necessary, to remain within the enrollment range and budget targets for the demonstration year; and (iii) Developing a methodology for random auto-assignment of program participants into the individual qualified health insurance plans after a suspension period has ended; (C) Individual qualified health insurance plans meet and report quality and performance measurement targets set by the Department of Human Services; and (D) At least two (2) health insurers offer individual qualified health insurance plans in each county in the state.

(1) Describe which individual qualified health insurance plans are suitable for purchase in the next demonstration year, including without limitation: (A) The level of the plan; (B) The amounts of allowable premiums; (C) Cost sharing; (D) Auto-assignment methodology; and (E) The total per-member-per-month enrollment range; and

(A) The level of the plan;

(B) The amounts of allowable premiums;

(C) Cost sharing;

(D) Auto-assignment methodology; and

(E) The total per-member-per-month enrollment range; and

(2) Ensure that: (A) Payments to an individual qualified health insurance plan do not exceed budget neutrality limitations in each demonstration year; (B) The total payments to all of the individual qualified health insurance plans offered by the health insurers for eligible individuals combined do not exceed budget targets for the Arkansas Health and Opportunity for Me Program in each demonstration year that the Department of Human Services may achieve by: (i) Setting in advance an enrollment range to represent the minimum and a maximum total monthly number of enrollees into all individual qualified health insurance plans no later than April 30 of each demonstration year in order for the individual qualified health insurance plans to file rates for the following demonstration year; (ii) Temporarily suspending auto-assignment into the individual qualified health insurance plans at any time in a demonstration year if necessary, to remain within the enrollment range and budget targets for the demonstration year; and (iii) Developing a methodology for random auto-assignment of program participants into the individual qualified health insurance plans after a suspension period has ended; (C) Individual qualified health insurance plans meet and report quality and performance measurement targets set by the Department of Human Services; and (D) At least two (2) health insurers offer individual qualified health insurance plans in each county in the state.

(A) Payments to an individual qualified health insurance plan do not exceed budget neutrality limitations in each demonstration year;

(B) The total payments to all of the individual qualified health insurance plans offered by the health insurers for eligible individuals combined do not exceed budget targets for the Arkansas Health and Opportunity for Me Program in each demonstration year that the Department of Human Services may achieve by: (i) Setting in advance an enrollment range to represent the minimum and a maximum total monthly number of enrollees into all individual qualified health insurance plans no later than April 30 of each demonstration year in order for the individual qualified health insurance plans to file rates for the following demonstration year; (ii) Temporarily suspending auto-assignment into the individual qualified health insurance plans at any time in a demonstration year if necessary, to remain within the enrollment range and budget targets for the demonstration year; and (iii) Developing a methodology for random auto-assignment of program participants into the individual qualified health insurance plans after a suspension period has ended;

(i) Setting in advance an enrollment range to represent the minimum and a maximum total monthly number of enrollees into all individual qualified health insurance plans no later than April 30 of each demonstration year in order for the individual qualified health insurance plans to file rates for the following demonstration year;

(ii) Temporarily suspending auto-assignment into the individual qualified health insurance plans at any time in a demonstration year if necessary, to remain within the enrollment range and budget targets for the demonstration year; and

(iii) Developing a methodology for random auto-assignment of program participants into the individual qualified health insurance plans after a suspension period has ended;

(C) Individual qualified health insurance plans meet and report quality and performance measurement targets set by the Department of Human Services; and

(D) At least two (2) health insurers offer individual qualified health insurance plans in each county in the state.

(d) (1) The Department of Human Services, the State Insurance Department, and each of the individual qualified health insurance plans shall enter into a memorandum of understanding that shall specify the duties and obligations of each party in the operation of the Arkansas Health and Opportunity for Me Program, including provisions necessary to effectuate the purchasing guidelines and reporting requirements, at least thirty (30) calendar days before the annual open enrollment period. (2) If a memorandum of understanding is not fully executed with a health insurer by January 1 of each new demonstration year, the Department of Human Services shall suspend auto-assignment of new members to the health insurers until the first day of the month after the new memorandum of understanding is fully executed. (3) The memorandum of understanding shall include financial sanctions determined appropriate by the Department of Human Services that may be applied if the Department of Human Services determines that an individual qualified health insurance plan has not met the quality and performance measurement targets or any other condition of the memorandum of understanding. (4) (A) If the Department of Human Services determines that the individual qualified health insurance plans have not met the quality and health performance targets for two (2) years, the Department of Human Services shall develop additional reforms to achieve the quality and health performance targets. (B) If legislative action is required to implement the additional reforms described in subdivision (d)(4)(A) of this section, the Department of Human Services may take the action to the Legislative Council or the Executive Subcommittee of the Legislative Council for immediate action.

(1) The Department of Human Services, the State Insurance Department, and each of the individual qualified health insurance plans shall enter into a memorandum of understanding that shall specify the duties and obligations of each party in the operation of the Arkansas Health and Opportunity for Me Program, including provisions necessary to effectuate the purchasing guidelines and reporting requirements, at least thirty (30) calendar days before the annual open enrollment period.

(2) If a memorandum of understanding is not fully executed with a health insurer by January 1 of each new demonstration year, the Department of Human Services shall suspend auto-assignment of new members to the health insurers until the first day of the month after the new memorandum of understanding is fully executed.

(3) The memorandum of understanding shall include financial sanctions determined appropriate by the Department of Human Services that may be applied if the Department of Human Services determines that an individual qualified health insurance plan has not met the quality and performance measurement targets or any other condition of the memorandum of understanding.

(4) (A) If the Department of Human Services determines that the individual qualified health insurance plans have not met the quality and health performance targets for two (2) years, the Department of Human Services shall develop additional reforms to achieve the quality and health performance targets. (B) If legislative action is required to implement the additional reforms described in subdivision (d)(4)(A) of this section, the Department of Human Services may take the action to the Legislative Council or the Executive Subcommittee of the Legislative Council for immediate action.

(A) If the Department of Human Services determines that the individual qualified health insurance plans have not met the quality and health performance targets for two (2) years, the Department of Human Services shall develop additional reforms to achieve the quality and health performance targets.

(B) If legislative action is required to implement the additional reforms described in subdivision (d)(4)(A) of this section, the Department of Human Services may take the action to the Legislative Council or the Executive Subcommittee of the Legislative Council for immediate action.

(e) The Department of Human Services shall: (1) Adopt premiums and cost-sharing levels for individuals enrolled in the Arkansas Health and Opportunity for Me Program, not to exceed aggregate limits under 42 C.F.R. § 447.56 ; (2) (A) Establish and maintain a process for premium payments, advanced cost-sharing reduction payments, and reconciliation payments to health insurers. (B) The process described in subdivision (e)(2)(A) of this section shall attribute any unpaid member liabilities as solely the financial obligation of the individual member. (C) The Department of Human Services shall not include any unpaid individual member obligation in any payment or financial reconciliation with health insurers or in a future premium rate; and (3) (A) Calculate a total per-member-per-month amount for each individual qualified health insurance plan based on all payments made by the Department of Human Services on behalf of an individual enrolled in the individual qualified health insurance plan. (B) (i) The amount described in subdivision (e)(3)(A) of this section shall include premium payments, advanced cost-sharing reduction payments for services provided to covered individuals during the demonstration year, and any other payments accruing to the budget neutrality target for plan-enrolled individuals made during the demonstration year and the member months for each demonstration year. (ii) The total per-member-per-month upper limit is the budget neutrality per-member-per-month limit established in the approved demonstration for each demonstration year. (C) If the Department of Human Services calculates that the total per-member-per-month limit for an individual qualified health insurance plan for that demonstration year exceeds the budget neutrality per-member-per-month limit for that demonstration year, the Department of Human Services shall not make any additional reconciliation payments to the health insurer for that individual qualified health insurance plan. (D) If the Department of Human Services determines that the budget neutrality limit has been exceeded, the Department of Human Services shall recover the excess funds from the health insurer for that individual qualified health insurance plan.

(1) Adopt premiums and cost-sharing levels for individuals enrolled in the Arkansas Health and Opportunity for Me Program, not to exceed aggregate limits under 42 C.F.R. § 447.56 ;

(2) (A) Establish and maintain a process for premium payments, advanced cost-sharing reduction payments, and reconciliation payments to health insurers. (B) The process described in subdivision (e)(2)(A) of this section shall attribute any unpaid member liabilities as solely the financial obligation of the individual member. (C) The Department of Human Services shall not include any unpaid individual member obligation in any payment or financial reconciliation with health insurers or in a future premium rate; and

(A) Establish and maintain a process for premium payments, advanced cost-sharing reduction payments, and reconciliation payments to health insurers.

(B) The process described in subdivision (e)(2)(A) of this section shall attribute any unpaid member liabilities as solely the financial obligation of the individual member.

(C) The Department of Human Services shall not include any unpaid individual member obligation in any payment or financial reconciliation with health insurers or in a future premium rate; and

(3) (A) Calculate a total per-member-per-month amount for each individual qualified health insurance plan based on all payments made by the Department of Human Services on behalf of an individual enrolled in the individual qualified health insurance plan. (B) (i) The amount described in subdivision (e)(3)(A) of this section shall include premium payments, advanced cost-sharing reduction payments for services provided to covered individuals during the demonstration year, and any other payments accruing to the budget neutrality target for plan-enrolled individuals made during the demonstration year and the member months for each demonstration year. (ii) The total per-member-per-month upper limit is the budget neutrality per-member-per-month limit established in the approved demonstration for each demonstration year. (C) If the Department of Human Services calculates that the total per-member-per-month limit for an individual qualified health insurance plan for that demonstration year exceeds the budget neutrality per-member-per-month limit for that demonstration year, the Department of Human Services shall not make any additional reconciliation payments to the health insurer for that individual qualified health insurance plan. (D) If the Department of Human Services determines that the budget neutrality limit has been exceeded, the Department of Human Services shall recover the excess funds from the health insurer for that individual qualified health insurance plan.

(A) Calculate a total per-member-per-month amount for each individual qualified health insurance plan based on all payments made by the Department of Human Services on behalf of an individual enrolled in the individual qualified health insurance plan.

(B) (i) The amount described in subdivision (e)(3)(A) of this section shall include premium payments, advanced cost-sharing reduction payments for services provided to covered individuals during the demonstration year, and any other payments accruing to the budget neutrality target for plan-enrolled individuals made during the demonstration year and the member months for each demonstration year. (ii) The total per-member-per-month upper limit is the budget neutrality per-member-per-month limit established in the approved demonstration for each demonstration year.

(i) The amount described in subdivision (e)(3)(A) of this section shall include premium payments, advanced cost-sharing reduction payments for services provided to covered individuals during the demonstration year, and any other payments accruing to the budget neutrality target for plan-enrolled individuals made during the demonstration year and the member months for each demonstration year.

(ii) The total per-member-per-month upper limit is the budget neutrality per-member-per-month limit established in the approved demonstration for each demonstration year.

(C) If the Department of Human Services calculates that the total per-member-per-month limit for an individual qualified health insurance plan for that demonstration year exceeds the budget neutrality per-member-per-month limit for that demonstration year, the Department of Human Services shall not make any additional reconciliation payments to the health insurer for that individual qualified health insurance plan.

(D) If the Department of Human Services determines that the budget neutrality limit has been exceeded, the Department of Human Services shall recover the excess funds from the health insurer for that individual qualified health insurance plan.

(f) (1) If the federal medical assistance percentages for the Arkansas Health and Opportunity for Me Program are reduced to below ninety percent (90%), the Department of Human Services shall present to the Centers for Medicare & Medicaid Services a plan within thirty (30) days of the reduction to terminate the Arkansas Health and Opportunity for Me Program and transition eligible individuals out of the Arkansas Health and Opportunity for Me Program within one hundred twenty (120) days of the reduction. (2) An eligible individual shall maintain coverage during the process to implement the plan to terminate the Arkansas Health and Opportunity for Me Program and the transition of eligible individuals out of the Arkansas Health and Opportunity for Me Program.

(1) If the federal medical assistance percentages for the Arkansas Health and Opportunity for Me Program are reduced to below ninety percent (90%), the Department of Human Services shall present to the Centers for Medicare & Medicaid Services a plan within thirty (30) days of the reduction to terminate the Arkansas Health and Opportunity for Me Program and transition eligible individuals out of the Arkansas Health and Opportunity for Me Program within one hundred twenty (120) days of the reduction.

(2) An eligible individual shall maintain coverage during the process to implement the plan to terminate the Arkansas Health and Opportunity for Me Program and the transition of eligible individuals out of the Arkansas Health and Opportunity for Me Program.

(g) (1) A health insurer that is providing an individual qualified health insurance plan or employer health insurance coverage for an eligible individual shall submit claims and enrollment data to the Department of Human Services to facilitate reporting required under this subchapter or other state or federally required reporting or evaluation activities. (2) A health insurer may utilize existing mechanisms with supplemental enrollment information to fulfill requirements under this subchapter, including without limitation the state's all-payer claims database established under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq., for claims and enrollment data submission.

(1) A health insurer that is providing an individual qualified health insurance plan or employer health insurance coverage for an eligible individual shall submit claims and enrollment data to the Department of Human Services to facilitate reporting required under this subchapter or other state or federally required reporting or evaluation activities.

(2) A health insurer may utilize existing mechanisms with supplemental enrollment information to fulfill requirements under this subchapter, including without limitation the state's all-payer claims database established under the Arkansas Healthcare Transparency Initiative Act of 2015, § 23-61-901 et seq., for claims and enrollment data submission.

(h) (1) The Governor shall request a block grant under relevant federal law and regulations for the funding of the Arkansas Medicaid Program as soon as practical if the federal law or regulations change to allow the approval of a block grant for this purpose. (2) The Governor shall request a waiver under relevant federal law and regulations for a work requirement as a condition of maintaining coverage in the Arkansas Medicaid Program as soon as practical if the federal law or regulations change to allow the approval of a waiver for this purpose.

(1) The Governor shall request a block grant under relevant federal law and regulations for the funding of the Arkansas Medicaid Program as soon as practical if the federal law or regulations change to allow the approval of a block grant for this purpose.

(2) The Governor shall request a waiver under relevant federal law and regulations for a work requirement as a condition of maintaining coverage in the Arkansas Medicaid Program as soon as practical if the federal law or regulations change to allow the approval of a waiver for this purpose.

Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.

Amended by Act 2019, No. 910,§ 601, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 600, eff. 7/1/2019.

Amended by Act 2017EX1, No. 6,§ 5, eff. 12/31/2017.

Amended by Act 2017EX1, No. 3,§ 5, eff. 12/31/2017.

Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-17-508 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-508
Aesthetic standards
Status: in_force

(a) An authority that has adopted an ordinance under § 14-17-209 or § 14-56-416 may adopt and enforce standards that govern the aesthetic appearance of small wireless facilities and associated poles to ensure coordinated, adjusted, and harmonious development, as provided in this section. (b) Aesthetic standards adopted by an authority for small wireless facilities and associated poles shall meet the following requirements: (1) The aesthetic standards shall be: (A) Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments; (B) No more burdensome than those applied to other types of utility and communications infrastructure deployments; and (C) Objective and published at least ninety (90) days in advance of the filing of an application under this subchapter; (2) Any design or concealment measures are not considered a part of the small wireless facility for purposes of the size parameters in the definition of "small wireless facility"; and (3) An authority may deny an application for not complying with aesthetic requirements only if the authority finds that the denial does not prohibit or have the effect of prohibiting the provision of wireless service. (c) An authority may prohibit wireless providers from installing poles in the right-of-way in areas where the authority has required that all communications and electric lines be placed underground, if: (1) The authority has required all electric and communications lines to be placed underground by a date certain that is three (3) months before the submission of the application; (2) Any poles the authority allows to remain shall be made available to wireless providers for the collocation of small wireless facilities, and may be replaced by a wireless provider to accommodate the collocation of small wireless facilities, in compliance with this subchapter; (3) A wireless provider may install a new pole in the designated area that otherwise complies with this section when it is not able to provide wireless service by collocating on a remaining structure; and (4) (A) For small wireless facilities installed before an authority adopts requirements that communications and electric lines be placed underground, an authority adopting the requirements shall: (i) Permit a wireless provider to maintain the small wireless facilities in a place on any pole not required to be removed, subject to any applicable pole attachment agreement with the pole owner; or (ii) Permit the wireless provider to replace an existing pole within fifty feet (50') of the prior location. (B) An authority may require wireless providers to comply with reasonable and nondiscriminatory horizontal spacing requirements of general application for new poles and ground-mounted small wireless facilities, but the requirements shall not prevent a wireless provider from serving any location. (d) (1) When a wireless provider applies to install a new pole in the right-of-way in an area zoned for residential use, the authority may propose an alternative location in the right-of-way within one hundred feet (100') of the location stated in the application, and the wireless provider shall use the authority's proposed alternative location unless the location imposes technical limits or significant additional costs. (2) The wireless provider shall certify that it has made the determination in good faith, based on the assessment of a licensed engineer, and the wireless provider shall provide a written summary of the basis for the determination. (e) Aesthetic standards shall be effective after approval by ordinance, resolution, or rule of the governing body of the authority. (f) (1) The board of zoning adjustment of an authority may: (A) Hear appeals of the decision of the administrative officers in respect to the enforcement and application of the aesthetic standards, and may affirm or reverse, in whole or in part, the decision of the administrative officers; and (B) Hear requests for variances from the literal provisions of the aesthetic standards and grant the variances only when it is necessary to avoid the prohibition of wireless service or otherwise comply with the law. (2) Decisions of the board in respect to subdivision (f)(1) of this section shall be subject to appeal only to a court of record having jurisdiction. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) An authority that has adopted an ordinance under § 14-17-209 or § 14-56-416 may adopt and enforce standards that govern the aesthetic appearance of small wireless facilities and associated poles to ensure coordinated, adjusted, and harmonious development, as provided in this section.

(b) Aesthetic standards adopted by an authority for small wireless facilities and associated poles shall meet the following requirements: (1) The aesthetic standards shall be: (A) Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments; (B) No more burdensome than those applied to other types of utility and communications infrastructure deployments; and (C) Objective and published at least ninety (90) days in advance of the filing of an application under this subchapter; (2) Any design or concealment measures are not considered a part of the small wireless facility for purposes of the size parameters in the definition of "small wireless facility"; and (3) An authority may deny an application for not complying with aesthetic requirements only if the authority finds that the denial does not prohibit or have the effect of prohibiting the provision of wireless service.

(1) The aesthetic standards shall be: (A) Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments; (B) No more burdensome than those applied to other types of utility and communications infrastructure deployments; and (C) Objective and published at least ninety (90) days in advance of the filing of an application under this subchapter;

(A) Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments;

(B) No more burdensome than those applied to other types of utility and communications infrastructure deployments; and

(C) Objective and published at least ninety (90) days in advance of the filing of an application under this subchapter;

(2) Any design or concealment measures are not considered a part of the small wireless facility for purposes of the size parameters in the definition of "small wireless facility"; and

(3) An authority may deny an application for not complying with aesthetic requirements only if the authority finds that the denial does not prohibit or have the effect of prohibiting the provision of wireless service.

(c) An authority may prohibit wireless providers from installing poles in the right-of-way in areas where the authority has required that all communications and electric lines be placed underground, if: (1) The authority has required all electric and communications lines to be placed underground by a date certain that is three (3) months before the submission of the application; (2) Any poles the authority allows to remain shall be made available to wireless providers for the collocation of small wireless facilities, and may be replaced by a wireless provider to accommodate the collocation of small wireless facilities, in compliance with this subchapter; (3) A wireless provider may install a new pole in the designated area that otherwise complies with this section when it is not able to provide wireless service by collocating on a remaining structure; and (4) (A) For small wireless facilities installed before an authority adopts requirements that communications and electric lines be placed underground, an authority adopting the requirements shall: (i) Permit a wireless provider to maintain the small wireless facilities in a place on any pole not required to be removed, subject to any applicable pole attachment agreement with the pole owner; or (ii) Permit the wireless provider to replace an existing pole within fifty feet (50') of the prior location. (B) An authority may require wireless providers to comply with reasonable and nondiscriminatory horizontal spacing requirements of general application for new poles and ground-mounted small wireless facilities, but the requirements shall not prevent a wireless provider from serving any location.

(1) The authority has required all electric and communications lines to be placed underground by a date certain that is three (3) months before the submission of the application;

(2) Any poles the authority allows to remain shall be made available to wireless providers for the collocation of small wireless facilities, and may be replaced by a wireless provider to accommodate the collocation of small wireless facilities, in compliance with this subchapter;

(3) A wireless provider may install a new pole in the designated area that otherwise complies with this section when it is not able to provide wireless service by collocating on a remaining structure; and

(4) (A) For small wireless facilities installed before an authority adopts requirements that communications and electric lines be placed underground, an authority adopting the requirements shall: (i) Permit a wireless provider to maintain the small wireless facilities in a place on any pole not required to be removed, subject to any applicable pole attachment agreement with the pole owner; or (ii) Permit the wireless provider to replace an existing pole within fifty feet (50') of the prior location. (B) An authority may require wireless providers to comply with reasonable and nondiscriminatory horizontal spacing requirements of general application for new poles and ground-mounted small wireless facilities, but the requirements shall not prevent a wireless provider from serving any location.

(A) For small wireless facilities installed before an authority adopts requirements that communications and electric lines be placed underground, an authority adopting the requirements shall: (i) Permit a wireless provider to maintain the small wireless facilities in a place on any pole not required to be removed, subject to any applicable pole attachment agreement with the pole owner; or (ii) Permit the wireless provider to replace an existing pole within fifty feet (50') of the prior location.

(i) Permit a wireless provider to maintain the small wireless facilities in a place on any pole not required to be removed, subject to any applicable pole attachment agreement with the pole owner; or

(ii) Permit the wireless provider to replace an existing pole within fifty feet (50') of the prior location.

(B) An authority may require wireless providers to comply with reasonable and nondiscriminatory horizontal spacing requirements of general application for new poles and ground-mounted small wireless facilities, but the requirements shall not prevent a wireless provider from serving any location.

(d) (1) When a wireless provider applies to install a new pole in the right-of-way in an area zoned for residential use, the authority may propose an alternative location in the right-of-way within one hundred feet (100') of the location stated in the application, and the wireless provider shall use the authority's proposed alternative location unless the location imposes technical limits or significant additional costs. (2) The wireless provider shall certify that it has made the determination in good faith, based on the assessment of a licensed engineer, and the wireless provider shall provide a written summary of the basis for the determination.

(1) When a wireless provider applies to install a new pole in the right-of-way in an area zoned for residential use, the authority may propose an alternative location in the right-of-way within one hundred feet (100') of the location stated in the application, and the wireless provider shall use the authority's proposed alternative location unless the location imposes technical limits or significant additional costs.

(2) The wireless provider shall certify that it has made the determination in good faith, based on the assessment of a licensed engineer, and the wireless provider shall provide a written summary of the basis for the determination.

(e) Aesthetic standards shall be effective after approval by ordinance, resolution, or rule of the governing body of the authority.

(f) (1) The board of zoning adjustment of an authority may: (A) Hear appeals of the decision of the administrative officers in respect to the enforcement and application of the aesthetic standards, and may affirm or reverse, in whole or in part, the decision of the administrative officers; and (B) Hear requests for variances from the literal provisions of the aesthetic standards and grant the variances only when it is necessary to avoid the prohibition of wireless service or otherwise comply with the law. (2) Decisions of the board in respect to subdivision (f)(1) of this section shall be subject to appeal only to a court of record having jurisdiction.

(1) The board of zoning adjustment of an authority may: (A) Hear appeals of the decision of the administrative officers in respect to the enforcement and application of the aesthetic standards, and may affirm or reverse, in whole or in part, the decision of the administrative officers; and (B) Hear requests for variances from the literal provisions of the aesthetic standards and grant the variances only when it is necessary to avoid the prohibition of wireless service or otherwise comply with the law.

(A) Hear appeals of the decision of the administrative officers in respect to the enforcement and application of the aesthetic standards, and may affirm or reverse, in whole or in part, the decision of the administrative officers; and

(B) Hear requests for variances from the literal provisions of the aesthetic standards and grant the variances only when it is necessary to avoid the prohibition of wireless service or otherwise comply with the law.

(2) Decisions of the board in respect to subdivision (f)(1) of this section shall be subject to appeal only to a court of record having jurisdiction.

Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-11-217 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-217
Dividends - Declaration and payment by board of directors
Status: in_force

(a) (1) The board of directors are also empowered to declare and pay dividends to the stockholders. (2) Dividends may be declared and paid by the board of directors, either in cash, in tangible or intangible choses in action or property, or in stock, subject to such restrictions as may be contained in the articles of incorporation or the laws of this state relative to sources of funds for payment of dividends by private corporations. (b) Nothing contained in this section shall prevent the stockholders of any corporation, or the directors thereof, from setting apart, out of any of the funds of the corporation available for dividends, a reserve or reserves for any proper purpose or from abolishing any such reserve. (c) A director shall be fully protected when relying in good faith upon the books of account of the corporation or statements prepared by any of its officials as to the value and amount of the assets, liability, net earnings, net profits, or any other facts pertinent to the existence and amount of surplus or other funds from which dividends may properly be declared and paid. Acts 1868, No. 71, § 43, p. 290; Act 4/29/1873, § 4 (not published); C. & M. Dig., §§ 8449, 8553; Pope's Dig., §§ 11023, 11129; Acts 1959, No. 30, §§ 13, 18; A.S.A. 1947, §§ 73-329, 73-329.1.

(a) (1) The board of directors are also empowered to declare and pay dividends to the stockholders. (2) Dividends may be declared and paid by the board of directors, either in cash, in tangible or intangible choses in action or property, or in stock, subject to such restrictions as may be contained in the articles of incorporation or the laws of this state relative to sources of funds for payment of dividends by private corporations.

(1) The board of directors are also empowered to declare and pay dividends to the stockholders.

(2) Dividends may be declared and paid by the board of directors, either in cash, in tangible or intangible choses in action or property, or in stock, subject to such restrictions as may be contained in the articles of incorporation or the laws of this state relative to sources of funds for payment of dividends by private corporations.

(b) Nothing contained in this section shall prevent the stockholders of any corporation, or the directors thereof, from setting apart, out of any of the funds of the corporation available for dividends, a reserve or reserves for any proper purpose or from abolishing any such reserve.

(c) A director shall be fully protected when relying in good faith upon the books of account of the corporation or statements prepared by any of its officials as to the value and amount of the assets, liability, net earnings, net profits, or any other facts pertinent to the existence and amount of surplus or other funds from which dividends may properly be declared and paid.

Acts 1868, No. 71, § 43, p. 290; Act 4/29/1873, § 4 (not published); C. & M. Dig., §§ 8449, 8553; Pope's Dig., §§ 11023, 11129; Acts 1959, No. 30, §§ 13, 18; A.S.A. 1947, §§ 73-329, 73-329.1.
Ark. Code Ann. § 23-18-902 — AR Code / Title 23 / Chapter 18 / Subchapter 9 / Section 23-18-902
Definitions
Status: in_force

As used in this subchapter: (1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with the issuance of storm recovery bonds; (2) (A) "Assignee" means any legal or commercial entity, including without limitation a corporation, statutory trust, limited liability company, partnership, limited partnership, or other legally recognized entity to which a utility sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to storm recovery property. (B) "Assignee" includes any legal or commercial entity to which an assignee sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to storm recovery property; (3) "Electric utility" means any person or any combination of persons, or lessees, trustees, and receivers of a person, owning or operating for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity to or for the public at retail in this state, and is regulated by the Arkansas Public Service Commission, including an electric cooperative corporation generating or transmitting electricity; (4) "Extraordinary natural gas, fuel, or purchased power costs" means, at the option and request of a utility, and as approved by the commission under § 23-18-903 , some or all of the reasonable and prudent costs of maintaining service in immediate preparation for or in response to a storm; (5) "Financing costs" means: (A) Interest, discounts, and acquisition, defeasance, or redemption premiums that are payable on storm recovery bonds; (B) Any payment required under an ancillary agreement and any amount required to fund or replenish reserve or other accounts or subaccounts established under the terms of any indenture, ancillary agreement, or other financing documents pertaining to storm recovery bonds; (C) Any other cost related to issuing, supporting, repaying, and servicing storm recovery bonds, including without limitation servicing fees, billing or other information system programming costs, accounting and auditing fees, trustee fees and expenses, legal fees and expenses, consulting fees and expenses, administrative fees and expenses, placement and underwriting fees and expenses, independent director and manager fees and expenses, capitalized interest, rating agency fees and expenses, stock exchange listing and compliance fees and expenses, and filing fees, including costs related to obtaining the financing order; (D) Any income taxes and license or other fees imposed on the revenues generated from the collection of storm recovery charges or otherwise resulting from the collection of storm recovery charges, in any case whether paid, payable, or accrued; (E) Any gross receipts, franchise, use, and other taxes or similar charges including without limitation regulatory assessment fees, in any case whether paid, payable, or accrued, imposed upon the utility, any assignee, or any financing party with respect to the receipt of storm recovery charges or the issuance of storm recovery bonds; and (F) Any other costs, charges, and amounts approved by the commission in a financing order; (6) "Financing order" means an order of the commission adopted upon petition of a utility and under § 23-18-903 which, among other things, allows for: (A) The issuance of storm recovery bonds; (B) The imposition, collection, and periodic adjustments of storm recovery charges; (C) The creation of storm recovery property; or (D) The sale, assignment, or transfer of storm recovery property to an assignee; (7) "Financing party" means any holder of storm recovery bonds and any trustee, collateral agent, or other person acting for the benefit of holders of storm recovery bonds; (8) "Financing statement" has the same meaning as that provided in the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq.; (9) "Gas utility" means a person or any combination of persons, lessees, trustees, or receivers of a person, lessee, or trustee, owning or operating for compensation in this state equipment or facilities for storing, transmitting, distributing, selling, or furnishing natural gas to or for the public at retail in this state, and that is regulated by the commission; (10) "Secured party" means a financing party: (A) In favor of which a utility or its direct or indirect successors or assignees creates a security interest in all or any portion of its interest in or right to storm recovery property; and (B) That may be granted a security interest in storm recovery property under this subchapter and a security interest in other collateral subject to the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq., in one (1) security agreement; (11) "Security interest" means a pledge, hypothecation, or other encumbrance of or other right over any portion of storm recovery property created by contract to secure the payment or performance of an obligation; (12) "Storm" means, individually or collectively, a named tropical storm, a named hurricane, a tornado, an ice or snow storm, a flood, an earthquake or other significant weather event or a natural disaster that occurred during the calendar year 2009 or thereafter; (13) "Storm recovery activity" means any activity or activities by or on behalf of a utility in connection with the restoration or maintenance of service associated with utility service outages affecting customers of a utility as the result of a storm or storms, including without limitation: (A) All internal and external labor costs; (B) All costs related to mobilization, staging, and construction, reconstruction, replacement, or repair of: (i) Electric generation, transmission, or distribution facilities; and (ii) Natural gas storage, transmission, or distribution facilities; and (C) The reasonable and prudent purchase and receipt of extraordinary natural gas, fuel, or purchased power costs by a utility to maintain service in immediate preparation for or response to a storm; (14) (A) "Storm recovery bonds" means bonds, debentures, notes, certificates of beneficial interest, certificates of participation, certificates of ownership, or other evidences of indebtedness or ownership that are issued pursuant to or in connection with an indenture, contract, ancillary agreement, or other agreement of a utility or an assignee pursuant to a financing order, the proceeds of which are used directly or indirectly to provide, recover, finance, or refinance commission-approved storm recovery costs, financing costs, and costs to replenish or fund a storm recovery reserve to the level as the commission may authorize in a financing order, and which are secured by or payable from storm recovery property. (B) If certificates of beneficial interest or certificates of participation or ownership are issued, references in this subchapter to principal, interest, or premium shall be construed to refer to comparable amounts under those certificates; (15) "Storm recovery charges" means the amounts: (A) Authorized by the commission to recover, finance, or refinance storm recovery costs, financing costs, and the costs to create, fund, or replenish a storm recovery reserve, including without limitation through the issuance and repayment of storm recovery bonds; and (B) That shall be: (i) Imposed on all customer bills, subject to the limitations described in subdivision (15)(B)(iii) (a) of this section, and collected by a utility or its successors or assignees, or a collection agent; (ii) Nonbypassable charges that are separate and apart from the utility's base rates; and (iii) (a) Paid by all existing and future customers, subject to appropriate exclusions or adjustments to avoid the collection of natural gas costs from gas utility customers that do not purchase natural gas from the gas utility, receiving service from the utility or its successors or assignees under commission-approved rate schedules as provided in the financing order. (b) An individual customer's monthly storm recovery charges shall be based upon the customer's then-current monthly billing determinants; (16) (A) "Storm recovery costs" means, at the option and request of the utility and as approved by the commission pursuant to § 23-18-903 , costs that are: (i) Reasonable and prudent costs, including without limitation the costs: (a) Expensed, charged to self-insurance reserves, capitalized, or otherwise financed, that are incurred or are expected to be incurred by a utility in undertaking a storm recovery activity; and (b) To purchase and receive extraordinary natural gas, fuel, or purchased power costs by utilities to maintain service in immediate preparation for or in response to a storm; and (ii) Net of applicable insurance proceeds and, when determined appropriate by the commission, including adjustments for normal capital replacement and operating costs, lost revenues, or other potential offsetting adjustments. (B) "Storm recovery costs" includes without limitation: (i) Carrying costs, at simple interest which shall accrue at a rate equal to the utility's last approved rate-base rate of return, from the date on which the storm recovery costs were incurred until the date that storm recovery bonds are issued or until storm recovery costs are otherwise recovered; (ii) The costs of retiring or purchasing any indebtedness or equity relating to or associated with storm recovery activities and extraordinary natural gas, fuel, or purchased power costs, including accrued interest, premium and other fees, costs, and charges related to the storm recovery activities; and (iii) The costs to create or fund any storm recovery reserves or to replenish any shortfall in any storm recovery reserves; (17) "Storm recovery property" means: (A) All rights and interests of a utility or the direct or indirect successors or assignees of the utility under a financing order, including the right to impose, bill, collect, and receive storm recovery charges authorized in the financing order and to obtain periodic adjustments to the charges as provided in the financing order; and (B) All revenues, collections, claims, rights to payments, payments, money, or proceeds arising from the rights and interests specified in subdivision (17)(A) of this section, regardless of whether the revenues, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenues, collections, rights to payment, payments, money, or proceeds; (18) "Storm recovery reserve" means an electric utility's storm cost reserve account established pursuant to § 23-4-112 ; and (19) "Utility" means an electric utility or a gas utility, or both. Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021. Acts 2009, No. 729, § 1.

As used in this subchapter:

(1) "Ancillary agreement" means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with the issuance of storm recovery bonds;

(2) (A) "Assignee" means any legal or commercial entity, including without limitation a corporation, statutory trust, limited liability company, partnership, limited partnership, or other legally recognized entity to which a utility sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to storm recovery property. (B) "Assignee" includes any legal or commercial entity to which an assignee sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to storm recovery property;

(A) "Assignee" means any legal or commercial entity, including without limitation a corporation, statutory trust, limited liability company, partnership, limited partnership, or other legally recognized entity to which a utility sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to storm recovery property.

(B) "Assignee" includes any legal or commercial entity to which an assignee sells, assigns, or transfers, other than as security, all or a portion of its interest in or right to storm recovery property;

(3) "Electric utility" means any person or any combination of persons, or lessees, trustees, and receivers of a person, owning or operating for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity to or for the public at retail in this state, and is regulated by the Arkansas Public Service Commission, including an electric cooperative corporation generating or transmitting electricity;

(4) "Extraordinary natural gas, fuel, or purchased power costs" means, at the option and request of a utility, and as approved by the commission under § 23-18-903 , some or all of the reasonable and prudent costs of maintaining service in immediate preparation for or in response to a storm;

(5) "Financing costs" means: (A) Interest, discounts, and acquisition, defeasance, or redemption premiums that are payable on storm recovery bonds; (B) Any payment required under an ancillary agreement and any amount required to fund or replenish reserve or other accounts or subaccounts established under the terms of any indenture, ancillary agreement, or other financing documents pertaining to storm recovery bonds; (C) Any other cost related to issuing, supporting, repaying, and servicing storm recovery bonds, including without limitation servicing fees, billing or other information system programming costs, accounting and auditing fees, trustee fees and expenses, legal fees and expenses, consulting fees and expenses, administrative fees and expenses, placement and underwriting fees and expenses, independent director and manager fees and expenses, capitalized interest, rating agency fees and expenses, stock exchange listing and compliance fees and expenses, and filing fees, including costs related to obtaining the financing order; (D) Any income taxes and license or other fees imposed on the revenues generated from the collection of storm recovery charges or otherwise resulting from the collection of storm recovery charges, in any case whether paid, payable, or accrued; (E) Any gross receipts, franchise, use, and other taxes or similar charges including without limitation regulatory assessment fees, in any case whether paid, payable, or accrued, imposed upon the utility, any assignee, or any financing party with respect to the receipt of storm recovery charges or the issuance of storm recovery bonds; and (F) Any other costs, charges, and amounts approved by the commission in a financing order;

(A) Interest, discounts, and acquisition, defeasance, or redemption premiums that are payable on storm recovery bonds;

(B) Any payment required under an ancillary agreement and any amount required to fund or replenish reserve or other accounts or subaccounts established under the terms of any indenture, ancillary agreement, or other financing documents pertaining to storm recovery bonds;

(C) Any other cost related to issuing, supporting, repaying, and servicing storm recovery bonds, including without limitation servicing fees, billing or other information system programming costs, accounting and auditing fees, trustee fees and expenses, legal fees and expenses, consulting fees and expenses, administrative fees and expenses, placement and underwriting fees and expenses, independent director and manager fees and expenses, capitalized interest, rating agency fees and expenses, stock exchange listing and compliance fees and expenses, and filing fees, including costs related to obtaining the financing order;

(D) Any income taxes and license or other fees imposed on the revenues generated from the collection of storm recovery charges or otherwise resulting from the collection of storm recovery charges, in any case whether paid, payable, or accrued;

(E) Any gross receipts, franchise, use, and other taxes or similar charges including without limitation regulatory assessment fees, in any case whether paid, payable, or accrued, imposed upon the utility, any assignee, or any financing party with respect to the receipt of storm recovery charges or the issuance of storm recovery bonds; and

(F) Any other costs, charges, and amounts approved by the commission in a financing order;

(6) "Financing order" means an order of the commission adopted upon petition of a utility and under § 23-18-903 which, among other things, allows for: (A) The issuance of storm recovery bonds; (B) The imposition, collection, and periodic adjustments of storm recovery charges; (C) The creation of storm recovery property; or (D) The sale, assignment, or transfer of storm recovery property to an assignee;

(A) The issuance of storm recovery bonds;

(B) The imposition, collection, and periodic adjustments of storm recovery charges;

(C) The creation of storm recovery property; or

(D) The sale, assignment, or transfer of storm recovery property to an assignee;

(7) "Financing party" means any holder of storm recovery bonds and any trustee, collateral agent, or other person acting for the benefit of holders of storm recovery bonds;

(8) "Financing statement" has the same meaning as that provided in the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq.;

(9) "Gas utility" means a person or any combination of persons, lessees, trustees, or receivers of a person, lessee, or trustee, owning or operating for compensation in this state equipment or facilities for storing, transmitting, distributing, selling, or furnishing natural gas to or for the public at retail in this state, and that is regulated by the commission;

(10) "Secured party" means a financing party: (A) In favor of which a utility or its direct or indirect successors or assignees creates a security interest in all or any portion of its interest in or right to storm recovery property; and (B) That may be granted a security interest in storm recovery property under this subchapter and a security interest in other collateral subject to the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq., in one (1) security agreement;

(A) In favor of which a utility or its direct or indirect successors or assignees creates a security interest in all or any portion of its interest in or right to storm recovery property; and

(B) That may be granted a security interest in storm recovery property under this subchapter and a security interest in other collateral subject to the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq., in one (1) security agreement;

(11) "Security interest" means a pledge, hypothecation, or other encumbrance of or other right over any portion of storm recovery property created by contract to secure the payment or performance of an obligation;

(12) "Storm" means, individually or collectively, a named tropical storm, a named hurricane, a tornado, an ice or snow storm, a flood, an earthquake or other significant weather event or a natural disaster that occurred during the calendar year 2009 or thereafter;

(13) "Storm recovery activity" means any activity or activities by or on behalf of a utility in connection with the restoration or maintenance of service associated with utility service outages affecting customers of a utility as the result of a storm or storms, including without limitation: (A) All internal and external labor costs; (B) All costs related to mobilization, staging, and construction, reconstruction, replacement, or repair of: (i) Electric generation, transmission, or distribution facilities; and (ii) Natural gas storage, transmission, or distribution facilities; and (C) The reasonable and prudent purchase and receipt of extraordinary natural gas, fuel, or purchased power costs by a utility to maintain service in immediate preparation for or response to a storm;

(A) All internal and external labor costs;

(B) All costs related to mobilization, staging, and construction, reconstruction, replacement, or repair of: (i) Electric generation, transmission, or distribution facilities; and (ii) Natural gas storage, transmission, or distribution facilities; and

(i) Electric generation, transmission, or distribution facilities; and

(ii) Natural gas storage, transmission, or distribution facilities; and

(C) The reasonable and prudent purchase and receipt of extraordinary natural gas, fuel, or purchased power costs by a utility to maintain service in immediate preparation for or response to a storm;

(14) (A) "Storm recovery bonds" means bonds, debentures, notes, certificates of beneficial interest, certificates of participation, certificates of ownership, or other evidences of indebtedness or ownership that are issued pursuant to or in connection with an indenture, contract, ancillary agreement, or other agreement of a utility or an assignee pursuant to a financing order, the proceeds of which are used directly or indirectly to provide, recover, finance, or refinance commission-approved storm recovery costs, financing costs, and costs to replenish or fund a storm recovery reserve to the level as the commission may authorize in a financing order, and which are secured by or payable from storm recovery property. (B) If certificates of beneficial interest or certificates of participation or ownership are issued, references in this subchapter to principal, interest, or premium shall be construed to refer to comparable amounts under those certificates;

(A) "Storm recovery bonds" means bonds, debentures, notes, certificates of beneficial interest, certificates of participation, certificates of ownership, or other evidences of indebtedness or ownership that are issued pursuant to or in connection with an indenture, contract, ancillary agreement, or other agreement of a utility or an assignee pursuant to a financing order, the proceeds of which are used directly or indirectly to provide, recover, finance, or refinance commission-approved storm recovery costs, financing costs, and costs to replenish or fund a storm recovery reserve to the level as the commission may authorize in a financing order, and which are secured by or payable from storm recovery property.

(B) If certificates of beneficial interest or certificates of participation or ownership are issued, references in this subchapter to principal, interest, or premium shall be construed to refer to comparable amounts under those certificates;

(15) "Storm recovery charges" means the amounts: (A) Authorized by the commission to recover, finance, or refinance storm recovery costs, financing costs, and the costs to create, fund, or replenish a storm recovery reserve, including without limitation through the issuance and repayment of storm recovery bonds; and (B) That shall be: (i) Imposed on all customer bills, subject to the limitations described in subdivision (15)(B)(iii) (a) of this section, and collected by a utility or its successors or assignees, or a collection agent; (ii) Nonbypassable charges that are separate and apart from the utility's base rates; and (iii) (a) Paid by all existing and future customers, subject to appropriate exclusions or adjustments to avoid the collection of natural gas costs from gas utility customers that do not purchase natural gas from the gas utility, receiving service from the utility or its successors or assignees under commission-approved rate schedules as provided in the financing order. (b) An individual customer's monthly storm recovery charges shall be based upon the customer's then-current monthly billing determinants;

(A) Authorized by the commission to recover, finance, or refinance storm recovery costs, financing costs, and the costs to create, fund, or replenish a storm recovery reserve, including without limitation through the issuance and repayment of storm recovery bonds; and

(B) That shall be: (i) Imposed on all customer bills, subject to the limitations described in subdivision (15)(B)(iii) (a) of this section, and collected by a utility or its successors or assignees, or a collection agent; (ii) Nonbypassable charges that are separate and apart from the utility's base rates; and (iii) (a) Paid by all existing and future customers, subject to appropriate exclusions or adjustments to avoid the collection of natural gas costs from gas utility customers that do not purchase natural gas from the gas utility, receiving service from the utility or its successors or assignees under commission-approved rate schedules as provided in the financing order. (b) An individual customer's monthly storm recovery charges shall be based upon the customer's then-current monthly billing determinants;

(i) Imposed on all customer bills, subject to the limitations described in subdivision (15)(B)(iii) (a) of this section, and collected by a utility or its successors or assignees, or a collection agent;

(ii) Nonbypassable charges that are separate and apart from the utility's base rates; and

(iii) (a) Paid by all existing and future customers, subject to appropriate exclusions or adjustments to avoid the collection of natural gas costs from gas utility customers that do not purchase natural gas from the gas utility, receiving service from the utility or its successors or assignees under commission-approved rate schedules as provided in the financing order. (b) An individual customer's monthly storm recovery charges shall be based upon the customer's then-current monthly billing determinants;

(a) Paid by all existing and future customers, subject to appropriate exclusions or adjustments to avoid the collection of natural gas costs from gas utility customers that do not purchase natural gas from the gas utility, receiving service from the utility or its successors or assignees under commission-approved rate schedules as provided in the financing order.

(b) An individual customer's monthly storm recovery charges shall be based upon the customer's then-current monthly billing determinants;

(16) (A) "Storm recovery costs" means, at the option and request of the utility and as approved by the commission pursuant to § 23-18-903 , costs that are: (i) Reasonable and prudent costs, including without limitation the costs: (a) Expensed, charged to self-insurance reserves, capitalized, or otherwise financed, that are incurred or are expected to be incurred by a utility in undertaking a storm recovery activity; and (b) To purchase and receive extraordinary natural gas, fuel, or purchased power costs by utilities to maintain service in immediate preparation for or in response to a storm; and (ii) Net of applicable insurance proceeds and, when determined appropriate by the commission, including adjustments for normal capital replacement and operating costs, lost revenues, or other potential offsetting adjustments. (B) "Storm recovery costs" includes without limitation: (i) Carrying costs, at simple interest which shall accrue at a rate equal to the utility's last approved rate-base rate of return, from the date on which the storm recovery costs were incurred until the date that storm recovery bonds are issued or until storm recovery costs are otherwise recovered; (ii) The costs of retiring or purchasing any indebtedness or equity relating to or associated with storm recovery activities and extraordinary natural gas, fuel, or purchased power costs, including accrued interest, premium and other fees, costs, and charges related to the storm recovery activities; and (iii) The costs to create or fund any storm recovery reserves or to replenish any shortfall in any storm recovery reserves;

(A) "Storm recovery costs" means, at the option and request of the utility and as approved by the commission pursuant to § 23-18-903 , costs that are: (i) Reasonable and prudent costs, including without limitation the costs: (a) Expensed, charged to self-insurance reserves, capitalized, or otherwise financed, that are incurred or are expected to be incurred by a utility in undertaking a storm recovery activity; and (b) To purchase and receive extraordinary natural gas, fuel, or purchased power costs by utilities to maintain service in immediate preparation for or in response to a storm; and (ii) Net of applicable insurance proceeds and, when determined appropriate by the commission, including adjustments for normal capital replacement and operating costs, lost revenues, or other potential offsetting adjustments.

(i) Reasonable and prudent costs, including without limitation the costs: (a) Expensed, charged to self-insurance reserves, capitalized, or otherwise financed, that are incurred or are expected to be incurred by a utility in undertaking a storm recovery activity; and (b) To purchase and receive extraordinary natural gas, fuel, or purchased power costs by utilities to maintain service in immediate preparation for or in response to a storm; and

(a) Expensed, charged to self-insurance reserves, capitalized, or otherwise financed, that are incurred or are expected to be incurred by a utility in undertaking a storm recovery activity; and

(b) To purchase and receive extraordinary natural gas, fuel, or purchased power costs by utilities to maintain service in immediate preparation for or in response to a storm; and

(ii) Net of applicable insurance proceeds and, when determined appropriate by the commission, including adjustments for normal capital replacement and operating costs, lost revenues, or other potential offsetting adjustments.

(B) "Storm recovery costs" includes without limitation: (i) Carrying costs, at simple interest which shall accrue at a rate equal to the utility's last approved rate-base rate of return, from the date on which the storm recovery costs were incurred until the date that storm recovery bonds are issued or until storm recovery costs are otherwise recovered; (ii) The costs of retiring or purchasing any indebtedness or equity relating to or associated with storm recovery activities and extraordinary natural gas, fuel, or purchased power costs, including accrued interest, premium and other fees, costs, and charges related to the storm recovery activities; and (iii) The costs to create or fund any storm recovery reserves or to replenish any shortfall in any storm recovery reserves;

(i) Carrying costs, at simple interest which shall accrue at a rate equal to the utility's last approved rate-base rate of return, from the date on which the storm recovery costs were incurred until the date that storm recovery bonds are issued or until storm recovery costs are otherwise recovered;

(ii) The costs of retiring or purchasing any indebtedness or equity relating to or associated with storm recovery activities and extraordinary natural gas, fuel, or purchased power costs, including accrued interest, premium and other fees, costs, and charges related to the storm recovery activities; and

(iii) The costs to create or fund any storm recovery reserves or to replenish any shortfall in any storm recovery reserves;

(17) "Storm recovery property" means: (A) All rights and interests of a utility or the direct or indirect successors or assignees of the utility under a financing order, including the right to impose, bill, collect, and receive storm recovery charges authorized in the financing order and to obtain periodic adjustments to the charges as provided in the financing order; and (B) All revenues, collections, claims, rights to payments, payments, money, or proceeds arising from the rights and interests specified in subdivision (17)(A) of this section, regardless of whether the revenues, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenues, collections, rights to payment, payments, money, or proceeds;

(A) All rights and interests of a utility or the direct or indirect successors or assignees of the utility under a financing order, including the right to impose, bill, collect, and receive storm recovery charges authorized in the financing order and to obtain periodic adjustments to the charges as provided in the financing order; and

(B) All revenues, collections, claims, rights to payments, payments, money, or proceeds arising from the rights and interests specified in subdivision (17)(A) of this section, regardless of whether the revenues, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenues, collections, rights to payment, payments, money, or proceeds;

(18) "Storm recovery reserve" means an electric utility's storm cost reserve account established pursuant to § 23-4-112 ; and

(19) "Utility" means an electric utility or a gas utility, or both.

Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.

Acts 2009, No. 729, § 1.
Ark. Code Ann. § 23-65-312 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-312
Liability of insurer as to losses and unearned premiums
Status: in_force

(a) (1) If a surplus lines risk has been assumed by an unauthorized insurer under this subchapter and the premium has been received by the surplus lines broker who placed the insurance, the insurer shall be deemed to have received the premium due to it for the coverage. (2) The insurer shall be liable to the insured for: (A) Losses covered by the insurance; and (B) Unearned premiums that may become payable to the insured upon cancellation of the insurance. (b) Each unauthorized insurer assuming a surplus lines direct risk under the insurance laws of this state shall be deemed to have subjected itself to the terms of this section. (c) This section shall not deprive the surplus lines insurer of any right of action against the surplus lines broker. Acts 1959, No. 148, § 198; A.S.A. 1947, § 66-2918; Acts 2011, No. 1055, § 2.

(a) (1) If a surplus lines risk has been assumed by an unauthorized insurer under this subchapter and the premium has been received by the surplus lines broker who placed the insurance, the insurer shall be deemed to have received the premium due to it for the coverage. (2) The insurer shall be liable to the insured for: (A) Losses covered by the insurance; and (B) Unearned premiums that may become payable to the insured upon cancellation of the insurance.

(1) If a surplus lines risk has been assumed by an unauthorized insurer under this subchapter and the premium has been received by the surplus lines broker who placed the insurance, the insurer shall be deemed to have received the premium due to it for the coverage.

(2) The insurer shall be liable to the insured for: (A) Losses covered by the insurance; and (B) Unearned premiums that may become payable to the insured upon cancellation of the insurance.

(A) Losses covered by the insurance; and

(B) Unearned premiums that may become payable to the insured upon cancellation of the insurance.

(b) Each unauthorized insurer assuming a surplus lines direct risk under the insurance laws of this state shall be deemed to have subjected itself to the terms of this section.

(c) This section shall not deprive the surplus lines insurer of any right of action against the surplus lines broker.

Acts 1959, No. 148, § 198; A.S.A. 1947, § 66-2918; Acts 2011, No. 1055, § 2.
Ark. Code Ann. § 23-14-123 — AR Code / Title 23 / Chapter 14 / Section 23-14-123
Change in tariff, charge, rule, regulation, etc. - Approval by department
Status: in_force

(a) (1) A change shall not be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting the rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any common carrier by aircraft, except upon approval of the Arkansas Department of Transportation and the rules and regulations prescribed by it. (2) If the proposed change is not acted upon by the department within thirty (30) days from the filing date thereof, the change shall become effective at the expiration of the thirty-day period. (b) The department is empowered to suspend any proposed new rate upon notice to the carrier for a period not exceeding one hundred eighty (180) days pending investigation by the department as to the reasonableness of such a proposed rate. However, this subsection shall not apply to any initial tariff filed by the carrier. (c) At any hearing involving any change in any tariff, classification, rule, regulation, practice, or service of a common carrier by aircraft, the burden of proof to show that the changed tariff, classification, rule, regulation, practice, or service is just and reasonable shall be upon the carrier. Amended by Act 2017, No. 707,§ 251, eff. 8/1/2017. Acts 1945, No. 252, §§ 14, 15; A.S.A. 1947, §§ 74-415, 74-416.

(a) (1) A change shall not be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting the rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any common carrier by aircraft, except upon approval of the Arkansas Department of Transportation and the rules and regulations prescribed by it. (2) If the proposed change is not acted upon by the department within thirty (30) days from the filing date thereof, the change shall become effective at the expiration of the thirty-day period.

(1) A change shall not be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting the rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any common carrier by aircraft, except upon approval of the Arkansas Department of Transportation and the rules and regulations prescribed by it.

(2) If the proposed change is not acted upon by the department within thirty (30) days from the filing date thereof, the change shall become effective at the expiration of the thirty-day period.

(b) The department is empowered to suspend any proposed new rate upon notice to the carrier for a period not exceeding one hundred eighty (180) days pending investigation by the department as to the reasonableness of such a proposed rate. However, this subsection shall not apply to any initial tariff filed by the carrier.

(c) At any hearing involving any change in any tariff, classification, rule, regulation, practice, or service of a common carrier by aircraft, the burden of proof to show that the changed tariff, classification, rule, regulation, practice, or service is just and reasonable shall be upon the carrier.

Amended by Act 2017, No. 707,§ 251, eff. 8/1/2017.

Acts 1945, No. 252, §§ 14, 15; A.S.A. 1947, §§ 74-415, 74-416.
Ark. Code Ann. § 23-88-506 — AR Code / Title 23 / Chapter 88 / Subchapter 5 / Section 23-88-506
Termination of portable electronics insurance
Status: in_force

(a) Notwithstanding any other law: (1) An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only if the policyholder and enrolled customer are provided with at least thirty (30) days' notice; and (2) If the insurer changes the terms and conditions of a portable electronics insurance policy, the insurer shall provide: (A) The vendor with a revised policy or endorsement; and (B) Each enrolled customer with: (i) A revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred; and (ii) A summary of material changes to the portable electronics insurance policy coverage. (b) Notwithstanding subsection (a) of this section, an insurer may terminate an enrolled customer's coverage under a portable electronics insurance policy on fifteen (15) days' notice if the insurer discovers that fraud or material misrepresentation was used in obtaining coverage or in the presentation of a claim under the portable electronics insurance policy. (c) Notwithstanding subsection (a) of this section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (1) For nonpayment of premium; (2) If an enrolled customer ceases to have an active service with the vendor; or (3) (A) If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty (30) calendar days after exhaustion of the limit. (B) If notice to the enrolled customer is not timely sent by the insurer, enrollment and coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer. (d) (1) If a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to the enrolled customer to advise the enrolled customer of the termination of the portable electronics insurance coverage and the effective date of termination. (2) The written notice shall be mailed or delivered to the enrolled customer at least thirty (30) days before the termination by the policyholder. (e) (1) When notice is required under this subchapter, the notice shall be in writing and may be mailed or delivered by registered mail to: (A) The vendor at the vendor's last known mailing address; and (B) The vendor's affected enrolled customers' last known mailing addresses on file with the insurer. (2) (A) If notice is completed through the mail, the person providing notice shall maintain proof of mailing. (B) An insurer may comply with a notice requirement under this subchapter by providing electronic notice to a vendor or its affected enrolled customers through electronic means. (C) If notice is completed through electronic means, the insurer shall maintain proof that the notice was sent. Amended by Act 2013, No. 340,§ 2, eff. 8/16/2013. Acts 2011, No. 1018, § 1.

(a) Notwithstanding any other law: (1) An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only if the policyholder and enrolled customer are provided with at least thirty (30) days' notice; and (2) If the insurer changes the terms and conditions of a portable electronics insurance policy, the insurer shall provide: (A) The vendor with a revised policy or endorsement; and (B) Each enrolled customer with: (i) A revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred; and (ii) A summary of material changes to the portable electronics insurance policy coverage.

(1) An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only if the policyholder and enrolled customer are provided with at least thirty (30) days' notice; and

(2) If the insurer changes the terms and conditions of a portable electronics insurance policy, the insurer shall provide: (A) The vendor with a revised policy or endorsement; and (B) Each enrolled customer with: (i) A revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred; and (ii) A summary of material changes to the portable electronics insurance policy coverage.

(A) The vendor with a revised policy or endorsement; and

(B) Each enrolled customer with: (i) A revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred; and (ii) A summary of material changes to the portable electronics insurance policy coverage.

(i) A revised certificate, endorsement, updated brochure, or other evidence indicating that a change in the terms and conditions has occurred; and

(ii) A summary of material changes to the portable electronics insurance policy coverage.

(b) Notwithstanding subsection (a) of this section, an insurer may terminate an enrolled customer's coverage under a portable electronics insurance policy on fifteen (15) days' notice if the insurer discovers that fraud or material misrepresentation was used in obtaining coverage or in the presentation of a claim under the portable electronics insurance policy.

(c) Notwithstanding subsection (a) of this section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (1) For nonpayment of premium; (2) If an enrolled customer ceases to have an active service with the vendor; or (3) (A) If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty (30) calendar days after exhaustion of the limit. (B) If notice to the enrolled customer is not timely sent by the insurer, enrollment and coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.

(1) For nonpayment of premium;

(2) If an enrolled customer ceases to have an active service with the vendor; or

(3) (A) If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty (30) calendar days after exhaustion of the limit. (B) If notice to the enrolled customer is not timely sent by the insurer, enrollment and coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.

(A) If an enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within thirty (30) calendar days after exhaustion of the limit.

(B) If notice to the enrolled customer is not timely sent by the insurer, enrollment and coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer.

(d) (1) If a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to the enrolled customer to advise the enrolled customer of the termination of the portable electronics insurance coverage and the effective date of termination. (2) The written notice shall be mailed or delivered to the enrolled customer at least thirty (30) days before the termination by the policyholder.

(1) If a portable electronics insurance policy is terminated by a policyholder, the policyholder shall mail or deliver written notice to the enrolled customer to advise the enrolled customer of the termination of the portable electronics insurance coverage and the effective date of termination.

(2) The written notice shall be mailed or delivered to the enrolled customer at least thirty (30) days before the termination by the policyholder.

(e) (1) When notice is required under this subchapter, the notice shall be in writing and may be mailed or delivered by registered mail to: (A) The vendor at the vendor's last known mailing address; and (B) The vendor's affected enrolled customers' last known mailing addresses on file with the insurer. (2) (A) If notice is completed through the mail, the person providing notice shall maintain proof of mailing. (B) An insurer may comply with a notice requirement under this subchapter by providing electronic notice to a vendor or its affected enrolled customers through electronic means. (C) If notice is completed through electronic means, the insurer shall maintain proof that the notice was sent.

(1) When notice is required under this subchapter, the notice shall be in writing and may be mailed or delivered by registered mail to: (A) The vendor at the vendor's last known mailing address; and (B) The vendor's affected enrolled customers' last known mailing addresses on file with the insurer.

(A) The vendor at the vendor's last known mailing address; and

(B) The vendor's affected enrolled customers' last known mailing addresses on file with the insurer.

(2) (A) If notice is completed through the mail, the person providing notice shall maintain proof of mailing. (B) An insurer may comply with a notice requirement under this subchapter by providing electronic notice to a vendor or its affected enrolled customers through electronic means. (C) If notice is completed through electronic means, the insurer shall maintain proof that the notice was sent.

(A) If notice is completed through the mail, the person providing notice shall maintain proof of mailing.

(B) An insurer may comply with a notice requirement under this subchapter by providing electronic notice to a vendor or its affected enrolled customers through electronic means.

(C) If notice is completed through electronic means, the insurer shall maintain proof that the notice was sent.

Amended by Act 2013, No. 340,§ 2, eff. 8/16/2013.

Acts 2011, No. 1018, § 1.
Ark. Code Ann. § 23-74-601 — AR Code / Title 23 / Chapter 74 / Subchapter 6 / Section 23-74-601
Valuation
Status: in_force

(a) Standards of valuation for certificates issued prior to January 1, 1991, shall be those provided by the laws applicable immediately prior to January 1, 1990. (b) (1) The minimum standards of valuation for certificates issued on or after January 1, 1991, shall be based on the following tables: (A) For certificates of life insurance - the Insurance Commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard ordinary mortality table, or any more recent table made applicable to life insurers; and (B) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits, and for noncancellable accident and health benefits - such tables as are authorized for use by life insurers in this state. (2) All of the above shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits. (c) In his or her discretion, the commissioner may: (1) Accept other standards for valuation if the commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in this section; and (2) Vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra-hazardous lives by any society authorized to do business in this state. (d) Any society, with the consent of the commissioner of the state of domicile of the society and under such conditions, if any, which the commissioner may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby. Acts 1989, No. 881, § 1.

(a) Standards of valuation for certificates issued prior to January 1, 1991, shall be those provided by the laws applicable immediately prior to January 1, 1990.

(b) (1) The minimum standards of valuation for certificates issued on or after January 1, 1991, shall be based on the following tables: (A) For certificates of life insurance - the Insurance Commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard ordinary mortality table, or any more recent table made applicable to life insurers; and (B) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits, and for noncancellable accident and health benefits - such tables as are authorized for use by life insurers in this state. (2) All of the above shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits.

(1) The minimum standards of valuation for certificates issued on or after January 1, 1991, shall be based on the following tables: (A) For certificates of life insurance - the Insurance Commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard ordinary mortality table, or any more recent table made applicable to life insurers; and (B) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits, and for noncancellable accident and health benefits - such tables as are authorized for use by life insurers in this state.

(A) For certificates of life insurance - the Insurance Commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard ordinary mortality table, or any more recent table made applicable to life insurers; and

(B) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits, and for noncancellable accident and health benefits - such tables as are authorized for use by life insurers in this state.

(2) All of the above shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits.

(c) In his or her discretion, the commissioner may: (1) Accept other standards for valuation if the commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in this section; and (2) Vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra-hazardous lives by any society authorized to do business in this state.

(1) Accept other standards for valuation if the commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in this section; and

(2) Vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra-hazardous lives by any society authorized to do business in this state.

(d) Any society, with the consent of the commissioner of the state of domicile of the society and under such conditions, if any, which the commissioner may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-87-111 — AR Code / Title 23 / Chapter 87 / Section 23-87-111
Delivery of policy or certificate
Status: in_force

(a) The individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as provided in subsection (b) of this section. (b) (1) If the individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for the policy or a notice of proposed insurance signed by the debtor and setting forth the name and home office address of the insurer, the name or names of the debtor, the amount of payment by the debtor separately in connection with credit life insurance and credit disability insurance coverage, and a brief description of the coverage provided or to be provided shall be delivered to the debtor at the time the indebtedness is incurred. (2) The copy of the application for or notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this section is prominently set forth therein. (3) Upon approval of the application, if any, or acceptance of the insurance and within thirty (30) days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. (4) The application or notice of proposed insurance shall state that upon acceptance by the insurer, the insurance shall become effective as of the date the indebtedness is incurred. (5) The insurer may rely upon the representations in the application regarding the health and employment of the applicant without further investigation or examination of the debtor. (6) If credit life insurance or credit disability insurance is rescinded due to material misrepresentation on the part of the insured, the insured shall be entitled to a full refund of the premium paid. Acts 1959, No. 148, § 435; A.S.A. 1947, § 66-3809; Acts 2003, No. 1794, § 3.

(a) The individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as provided in subsection (b) of this section.

(b) (1) If the individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for the policy or a notice of proposed insurance signed by the debtor and setting forth the name and home office address of the insurer, the name or names of the debtor, the amount of payment by the debtor separately in connection with credit life insurance and credit disability insurance coverage, and a brief description of the coverage provided or to be provided shall be delivered to the debtor at the time the indebtedness is incurred. (2) The copy of the application for or notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this section is prominently set forth therein. (3) Upon approval of the application, if any, or acceptance of the insurance and within thirty (30) days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. (4) The application or notice of proposed insurance shall state that upon acceptance by the insurer, the insurance shall become effective as of the date the indebtedness is incurred. (5) The insurer may rely upon the representations in the application regarding the health and employment of the applicant without further investigation or examination of the debtor. (6) If credit life insurance or credit disability insurance is rescinded due to material misrepresentation on the part of the insured, the insured shall be entitled to a full refund of the premium paid.

(1) If the individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for the policy or a notice of proposed insurance signed by the debtor and setting forth the name and home office address of the insurer, the name or names of the debtor, the amount of payment by the debtor separately in connection with credit life insurance and credit disability insurance coverage, and a brief description of the coverage provided or to be provided shall be delivered to the debtor at the time the indebtedness is incurred.

(2) The copy of the application for or notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this section is prominently set forth therein.

(3) Upon approval of the application, if any, or acceptance of the insurance and within thirty (30) days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor.

(4) The application or notice of proposed insurance shall state that upon acceptance by the insurer, the insurance shall become effective as of the date the indebtedness is incurred.

(5) The insurer may rely upon the representations in the application regarding the health and employment of the applicant without further investigation or examination of the debtor.

(6) If credit life insurance or credit disability insurance is rescinded due to material misrepresentation on the part of the insured, the insured shall be entitled to a full refund of the premium paid.

Acts 1959, No. 148, § 435; A.S.A. 1947, § 66-3809; Acts 2003, No. 1794, § 3.
Ark. Code Ann. § 23-78-118 — AR Code / Title 23 / Chapter 78 / Section 23-78-118
Books - False entries prohibited
Status: in_force

A person or burial association official who knowingly makes or allows to be made a false entry on the books of the association with intent to deceive or defraud a member of the association or with intent to conceal the true condition of the association from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services or its agents or employees or any auditor authorized to examine the books of the association under the supervision of the board is guilty of a Class A misdemeanor. Amended by Act 2017, No. 788,§ 81, eff. 7/1/2018. Acts 1953, No. 91, § 19; A.S.A. 1947, § 66-1819; Acts 2005, No. 1994, § 360.

A person or burial association official who knowingly makes or allows to be made a false entry on the books of the association with intent to deceive or defraud a member of the association or with intent to conceal the true condition of the association from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services or its agents or employees or any auditor authorized to examine the books of the association under the supervision of the board is guilty of a Class A misdemeanor.

Amended by Act 2017, No. 788,§ 81, eff. 7/1/2018.

Acts 1953, No. 91, § 19; A.S.A. 1947, § 66-1819; Acts 2005, No. 1994, § 360.
Ark. Code Ann. § 23-63-113 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-113
Agreement required for access to contracting agent's panel of contracted healthcare providers or contracted reimbursement rates - Identification of network discounts applicable to provider claims required on subscriber identification cards - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (2) "Entity" means any physician or other provider of healthcare services, including institutional providers and organizations or groups of healthcare providers; (3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (4) "Person" means an individual, a corporation, a partnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity; (5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and (7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan. (b) (1) No contracting agent shall sell, lease, assign, convey, or otherwise grant access to the contracting agent's panel of contracted healthcare providers or the contracting agent's contracted reimbursement rates to another entity unless authorized in an agreement between the contracting agent and the provider. (2) At least annually and upon written request of a contracted provider, a contracting agent shall disclose in writing or electronically to its providers all payors and other entities to which the contracting agent has sold, leased, assigned, conveyed, or otherwise granted access to the contracting agent's panel of contracted healthcare providers and the contracting agent's reimbursement rates. (c) (1) A subscriber identification card shall state in a clear and legible manner the network applicable to provider claims arising under the subscriber identification card. (2) A provider network's contractual discounts or other alternative rates of payments shall be enforceable and binding on all parties only with respect to the network identified under subdivision (c)(1) of this section. (d) This section does not apply to an insurance company, a health maintenance organization, or any other entity when the insurance company, the health maintenance organization, or the other entity provides health benefits directly through the insurance company's, the health maintenance organization's, or the other entity's own network to the insurance company's, the health maintenance organization's, or other entity's own enrollees without using a contracting agent. (e) No contracting agent shall retaliate against a provider for exercising rights under this section. (f) The Insurance Commissioner shall adopt rules for the implementation, administration, and enforcement of this section and shall enforce this section using the powers granted to the commissioner in the Arkansas Insurance Code. (g) Nothing in any contract shall supersede this section. (h) (1) To avoid impairment of existing contracts, this section shall only apply to contracts issued, renewed, or amended after July 31, 2007. (2) Any provision in a health benefit plan that is executed, delivered, or renewed, or that otherwise contracts for provision of services in this state that is contrary to this subchapter shall be void to the extent of the conflict. (i) The provisions of this section shall not apply to the Arkansas Comprehensive Health Insurance Pool. Acts 2007, No. 686, § 1.

(a) As used in this section: (1) (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans; (2) "Entity" means any physician or other provider of healthcare services, including institutional providers and organizations or groups of healthcare providers; (3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (4) "Person" means an individual, a corporation, a partnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity; (5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers; (6) "Provider network" means a preferred provider organization or any other network of providers; and (7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan.

(1) (A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity. (B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans;

(A) "Contracting agent" means an entity that while engaged in selling, leasing, assigning, conveying, or otherwise, grants access to the entity's panel of contracted healthcare providers and the entity's contracted reimbursement rates to another entity.

(B) "Contracting agent" includes, to the extent an entity is engaged in the activities in subdivision (a)(1)(A) of this section and to the full extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2007: (i) Preferred provider organizations; (ii) Third-party administrators; (iii) Prescription benefit management companies; (iv) Insurance companies; (v) Health maintenance organizations; (vi) Hospital and medical service corporations; and (vii) Self-insured health plans;

(i) Preferred provider organizations;

(ii) Third-party administrators;

(iii) Prescription benefit management companies;

(iv) Insurance companies;

(v) Health maintenance organizations;

(vi) Hospital and medical service corporations; and

(vii) Self-insured health plans;

(2) "Entity" means any physician or other provider of healthcare services, including institutional providers and organizations or groups of healthcare providers;

(3) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007. (B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state, including indemnity and managed care plans and governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2007.

(B) "Health benefit plan" does not include plans providing healthcare services under the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(4) "Person" means an individual, a corporation, a partnership, a firm, a trust, an association, a voluntary organization, or any other form of business enterprise or legal entity;

(5) "Provider" means any physician or other provider of healthcare services, including institutional providers, and also organizations or groups of healthcare providers;

(6) "Provider network" means a preferred provider organization or any other network of providers; and

(7) "Subscriber identification card" or "identification card" means a card that is issued to an individual evidencing his or her coverage under a health benefit plan.

(b) (1) No contracting agent shall sell, lease, assign, convey, or otherwise grant access to the contracting agent's panel of contracted healthcare providers or the contracting agent's contracted reimbursement rates to another entity unless authorized in an agreement between the contracting agent and the provider. (2) At least annually and upon written request of a contracted provider, a contracting agent shall disclose in writing or electronically to its providers all payors and other entities to which the contracting agent has sold, leased, assigned, conveyed, or otherwise granted access to the contracting agent's panel of contracted healthcare providers and the contracting agent's reimbursement rates.

(1) No contracting agent shall sell, lease, assign, convey, or otherwise grant access to the contracting agent's panel of contracted healthcare providers or the contracting agent's contracted reimbursement rates to another entity unless authorized in an agreement between the contracting agent and the provider.

(2) At least annually and upon written request of a contracted provider, a contracting agent shall disclose in writing or electronically to its providers all payors and other entities to which the contracting agent has sold, leased, assigned, conveyed, or otherwise granted access to the contracting agent's panel of contracted healthcare providers and the contracting agent's reimbursement rates.

(c) (1) A subscriber identification card shall state in a clear and legible manner the network applicable to provider claims arising under the subscriber identification card. (2) A provider network's contractual discounts or other alternative rates of payments shall be enforceable and binding on all parties only with respect to the network identified under subdivision (c)(1) of this section.

(1) A subscriber identification card shall state in a clear and legible manner the network applicable to provider claims arising under the subscriber identification card.

(2) A provider network's contractual discounts or other alternative rates of payments shall be enforceable and binding on all parties only with respect to the network identified under subdivision (c)(1) of this section.

(d) This section does not apply to an insurance company, a health maintenance organization, or any other entity when the insurance company, the health maintenance organization, or the other entity provides health benefits directly through the insurance company's, the health maintenance organization's, or the other entity's own network to the insurance company's, the health maintenance organization's, or other entity's own enrollees without using a contracting agent.

(e) No contracting agent shall retaliate against a provider for exercising rights under this section.

(f) The Insurance Commissioner shall adopt rules for the implementation, administration, and enforcement of this section and shall enforce this section using the powers granted to the commissioner in the Arkansas Insurance Code.

(g) Nothing in any contract shall supersede this section.

(h) (1) To avoid impairment of existing contracts, this section shall only apply to contracts issued, renewed, or amended after July 31, 2007. (2) Any provision in a health benefit plan that is executed, delivered, or renewed, or that otherwise contracts for provision of services in this state that is contrary to this subchapter shall be void to the extent of the conflict.

(1) To avoid impairment of existing contracts, this section shall only apply to contracts issued, renewed, or amended after July 31, 2007.

(2) Any provision in a health benefit plan that is executed, delivered, or renewed, or that otherwise contracts for provision of services in this state that is contrary to this subchapter shall be void to the extent of the conflict.

(i) The provisions of this section shall not apply to the Arkansas Comprehensive Health Insurance Pool.

Acts 2007, No. 686, § 1.
Ark. Code Ann. § 23-99-903 — AR Code / Title 23 / Chapter 99 / Subchapter 9 / Section 23-99-903
Physician penalties - Limitation
Status: in_force

(a) A healthcare payor doing business in this state, when determining any gain-sharing or risk-sharing for a healthcare provider, shall not attribute to a healthcare provider any costs that are a result of variations in the healthcare payor's freely negotiated contract pricing with other persons or entities outside the healthcare provider's practice if including the costs reduces a healthcare provider's gain-sharing amount or increases a healthcare provider's risk-sharing amount. (b) (1) When determining any gain-sharing or risk-sharing for a healthcare provider based on the achievement of or failure to attain certain benchmarks, a healthcare payor doing business in this state shall use clearly expressed and identifiable benchmarks. (2) At least ninety (90) days in advance of implementation, the healthcare payor shall explain to the healthcare provider the applicability of the identifiable benchmarks. (3) Any identifiable benchmarks shall be within the control of the healthcare provider to achieve or fail to attain. Amended by Act 2019, No. 862,§ 1, eff. 7/24/2019. Added by Act 2015, No. 902,§ 1, eff. 7/22/2015.

(a) A healthcare payor doing business in this state, when determining any gain-sharing or risk-sharing for a healthcare provider, shall not attribute to a healthcare provider any costs that are a result of variations in the healthcare payor's freely negotiated contract pricing with other persons or entities outside the healthcare provider's practice if including the costs reduces a healthcare provider's gain-sharing amount or increases a healthcare provider's risk-sharing amount.

(b) (1) When determining any gain-sharing or risk-sharing for a healthcare provider based on the achievement of or failure to attain certain benchmarks, a healthcare payor doing business in this state shall use clearly expressed and identifiable benchmarks. (2) At least ninety (90) days in advance of implementation, the healthcare payor shall explain to the healthcare provider the applicability of the identifiable benchmarks. (3) Any identifiable benchmarks shall be within the control of the healthcare provider to achieve or fail to attain.

(1) When determining any gain-sharing or risk-sharing for a healthcare provider based on the achievement of or failure to attain certain benchmarks, a healthcare payor doing business in this state shall use clearly expressed and identifiable benchmarks.

(2) At least ninety (90) days in advance of implementation, the healthcare payor shall explain to the healthcare provider the applicability of the identifiable benchmarks.

(3) Any identifiable benchmarks shall be within the control of the healthcare provider to achieve or fail to attain.

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. § 23-40-105 — AR Code / Title 23 / Chapter 40 / Section 23-40-105
Burial associations exempted
Status: in_force

Nothing in this chapter shall apply to organizations or associations operating in this state as burial associations pursuant to § 23-78-101 et seq. Acts 1985, No. 156, § 3; A.S.A. 1947, § 67-1715; Acts 1995, No. 852, § 1.

Nothing in this chapter shall apply to organizations or associations operating in this state as burial associations pursuant to § 23-78-101 et seq.

Acts 1985, No. 156, § 3; A.S.A. 1947, § 67-1715; Acts 1995, No. 852, § 1.
Ark. Code Ann. § 23-90-117 — AR Code / Title 23 / Chapter 90 / Section 23-90-117
Right of recovery
Status: in_force

(a) (1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first his or her right under the policy. (2) Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the insurance policy. (b) (1) Any person having a claim or legal right of recovery under any governmental insurance or guaranty program which is also a covered claim shall be required to exhaust first his or her right under the program. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the program. (2) Any person having a claim which may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the location of the property. If it is a workers' compensation claim, he or she shall seek recovery first from the association of the residence of the claimant. (3) Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. Acts 1977, No. 871, § 12; A.S.A. 1947, § 66-5512; Acts 1987, No. 738, § 5.

(a) (1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first his or her right under the policy. (2) Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the insurance policy.

(1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first his or her right under the policy.

(2) Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the insurance policy.

(b) (1) Any person having a claim or legal right of recovery under any governmental insurance or guaranty program which is also a covered claim shall be required to exhaust first his or her right under the program. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the program. (2) Any person having a claim which may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the location of the property. If it is a workers' compensation claim, he or she shall seek recovery first from the association of the residence of the claimant. (3) Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

(1) Any person having a claim or legal right of recovery under any governmental insurance or guaranty program which is also a covered claim shall be required to exhaust first his or her right under the program. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the program.

(2) Any person having a claim which may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the association of the location of the property. If it is a workers' compensation claim, he or she shall seek recovery first from the association of the residence of the claimant.

(3) Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

Acts 1977, No. 871, § 12; A.S.A. 1947, § 66-5512; Acts 1987, No. 738, § 5.
Ark. Code Ann. § 23-63-1614 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1614
Premium tax - Definition
Status: in_force

(a) Except as provided in this section, a captive insurance company shall pay to the Insurance Commissioner by March 1 of each year, a tax at the rate of: (1) Two hundred fifty thousandths of one percent (0.250%) on the first twenty million dollars ($20,000,000); (2) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000); and (3) Fifty thousandths of one percent (0.050%) on each dollar thereafter, on the direct premiums collected or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December 31 next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums, which shall include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders. (b) (1) Except as provided in this section, a captive insurance company shall pay to the commissioner by March 1 of each year, a tax at the rate of: (A) Two hundred twenty-five thousandths of one percent (0.225%) on the first twenty million dollars ($20,000,000) of assumed reinsurance premium; (B) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000); (C) Fifty thousandths of one percent (0.050%) on the next twenty million dollars ($20,000,000); and (D) Twenty-five thousandths of one percent (0.025%) of each dollar thereafter. (2) No reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis under subsection (a) of this section. (3) A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control, if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the captive insurance company. (c) If the aggregate taxes to be paid by a captive insurance company calculated under subsections (a) and (b) of this section amount to less than five thousand dollars ($5,000) in any year, the captive insurance company shall pay a tax of five thousand dollars ($5,000) for that year. (d) The total tax paid by a captive insurance company shall not exceed one hundred thousand dollars ($100,000) in any year. (e) A captive insurance company failing to make returns or to pay all taxes required by this section is subject to relevant sanctions under the Arkansas Insurance Code. (f) Two (2) or more captive insurance companies under common ownership and control must be taxed as though they were a single captive insurance company. (g) As used in this section, "common ownership and control" means: (1) In the case of stock corporations, the direct or indirect ownership of eighty percent (80%) or more of the outstanding voting stock of two (2) or more corporations by the same shareholder or shareholders; and (2) In the case of mutual corporations, the direct or indirect ownership of eighty percent (80%) or more of the surplus and the voting power of two (2) or more corporations by the same member or members. (h) In the case of a branch captive insurance company, the tax under this section applies only to the branch business of the company. (i) (1) The tax under this section constitutes all taxes collectible under the laws of this state from a captive insurance company. (2) No other tax may be levied or collected from a captive insurance company by this state or a county, city, or municipality of this state, except ad valorem taxes on real and personal property used in the production of income. (j) This section shall not apply to any producer reinsurance captive insurance company that invests and continuously maintains not less than fifty percent (50%) of its assets in certificates of deposit of any bank organized under the laws of the United States with a banking facility in the State of Arkansas or any federally insured bank or savings institution organized under the laws of the State of Arkansas, or in bonds, notes, warrants, or other securities, not in default, that are direct obligations of: (1) This state; (2) Any county, incorporated city or town, or duly organized school district or other taxing district of this state: (A) If no default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or (B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment; or (3) Any local improvement district in this state to finance local improvements authorized by law, if the principal and interest of the obligations are payable from assessments on real property within the local improvement district, and: (A) No default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or (B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment. Amended by Act 2013, No. 461,§ 2, eff. 3/21/2013. Acts 2001, No. 1391, § 14; 2003, No. 466, § 7.

(a) Except as provided in this section, a captive insurance company shall pay to the Insurance Commissioner by March 1 of each year, a tax at the rate of: (1) Two hundred fifty thousandths of one percent (0.250%) on the first twenty million dollars ($20,000,000); (2) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000); and (3) Fifty thousandths of one percent (0.050%) on each dollar thereafter, on the direct premiums collected or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December 31 next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums, which shall include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.

(1) Two hundred fifty thousandths of one percent (0.250%) on the first twenty million dollars ($20,000,000);

(2) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000); and

(3) Fifty thousandths of one percent (0.050%) on each dollar thereafter, on the direct premiums collected or contracted for on policies or contracts of insurance written by the captive insurance company during the year ending December 31 next preceding, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums, which shall include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.

(b) (1) Except as provided in this section, a captive insurance company shall pay to the commissioner by March 1 of each year, a tax at the rate of: (A) Two hundred twenty-five thousandths of one percent (0.225%) on the first twenty million dollars ($20,000,000) of assumed reinsurance premium; (B) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000); (C) Fifty thousandths of one percent (0.050%) on the next twenty million dollars ($20,000,000); and (D) Twenty-five thousandths of one percent (0.025%) of each dollar thereafter. (2) No reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis under subsection (a) of this section. (3) A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control, if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the captive insurance company.

(1) Except as provided in this section, a captive insurance company shall pay to the commissioner by March 1 of each year, a tax at the rate of: (A) Two hundred twenty-five thousandths of one percent (0.225%) on the first twenty million dollars ($20,000,000) of assumed reinsurance premium; (B) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000); (C) Fifty thousandths of one percent (0.050%) on the next twenty million dollars ($20,000,000); and (D) Twenty-five thousandths of one percent (0.025%) of each dollar thereafter.

(A) Two hundred twenty-five thousandths of one percent (0.225%) on the first twenty million dollars ($20,000,000) of assumed reinsurance premium;

(B) One hundred fifty thousandths of one percent (0.150%) on the next twenty million dollars ($20,000,000);

(C) Fifty thousandths of one percent (0.050%) on the next twenty million dollars ($20,000,000); and

(D) Twenty-five thousandths of one percent (0.025%) of each dollar thereafter.

(2) No reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis under subsection (a) of this section.

(3) A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control, if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the captive insurance company.

(c) If the aggregate taxes to be paid by a captive insurance company calculated under subsections (a) and (b) of this section amount to less than five thousand dollars ($5,000) in any year, the captive insurance company shall pay a tax of five thousand dollars ($5,000) for that year.

(d) The total tax paid by a captive insurance company shall not exceed one hundred thousand dollars ($100,000) in any year.

(e) A captive insurance company failing to make returns or to pay all taxes required by this section is subject to relevant sanctions under the Arkansas Insurance Code.

(f) Two (2) or more captive insurance companies under common ownership and control must be taxed as though they were a single captive insurance company.

(g) As used in this section, "common ownership and control" means: (1) In the case of stock corporations, the direct or indirect ownership of eighty percent (80%) or more of the outstanding voting stock of two (2) or more corporations by the same shareholder or shareholders; and (2) In the case of mutual corporations, the direct or indirect ownership of eighty percent (80%) or more of the surplus and the voting power of two (2) or more corporations by the same member or members.

(1) In the case of stock corporations, the direct or indirect ownership of eighty percent (80%) or more of the outstanding voting stock of two (2) or more corporations by the same shareholder or shareholders; and

(2) In the case of mutual corporations, the direct or indirect ownership of eighty percent (80%) or more of the surplus and the voting power of two (2) or more corporations by the same member or members.

(h) In the case of a branch captive insurance company, the tax under this section applies only to the branch business of the company.

(i) (1) The tax under this section constitutes all taxes collectible under the laws of this state from a captive insurance company. (2) No other tax may be levied or collected from a captive insurance company by this state or a county, city, or municipality of this state, except ad valorem taxes on real and personal property used in the production of income.

(1) The tax under this section constitutes all taxes collectible under the laws of this state from a captive insurance company.

(2) No other tax may be levied or collected from a captive insurance company by this state or a county, city, or municipality of this state, except ad valorem taxes on real and personal property used in the production of income.

(j) This section shall not apply to any producer reinsurance captive insurance company that invests and continuously maintains not less than fifty percent (50%) of its assets in certificates of deposit of any bank organized under the laws of the United States with a banking facility in the State of Arkansas or any federally insured bank or savings institution organized under the laws of the State of Arkansas, or in bonds, notes, warrants, or other securities, not in default, that are direct obligations of: (1) This state; (2) Any county, incorporated city or town, or duly organized school district or other taxing district of this state: (A) If no default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or (B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment; or (3) Any local improvement district in this state to finance local improvements authorized by law, if the principal and interest of the obligations are payable from assessments on real property within the local improvement district, and: (A) No default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or (B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment.

(1) This state;

(2) Any county, incorporated city or town, or duly organized school district or other taxing district of this state: (A) If no default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or (B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment; or

(A) If no default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or

(B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment; or

(3) Any local improvement district in this state to finance local improvements authorized by law, if the principal and interest of the obligations are payable from assessments on real property within the local improvement district, and: (A) No default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or (B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment.

(A) No default on the part of the obligor in payment of principal or interest on any of its obligations has occurred within five (5) years prior to the date of the proposed investment; or

(B) If the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or on any other public obligation of the obligor within five (5) years of the investment.

Amended by Act 2013, No. 461,§ 2, eff. 3/21/2013.

Acts 2001, No. 1391, § 14; 2003, No. 466, § 7.
Ark. Code Ann. § 23-72-119 — AR Code / Title 23 / Chapter 72 / Section 23-72-119
Merger or bulk reinsurance or conversion
Status: in_force

(a) (1) Any mutual assessment domestic insurer may merge or reinsure its outstanding policies in bulk with any domestic stipulated premium insurer operating under § 23-71-101 et seq. and, upon filing with the Insurance Commissioner, an agreement setting out the conditions of the proposed merger or bulk reinsurance, and certifying that the agreement has been approved by the boards of directors of the respective merging insurers, together with a financial statement of each such insurer. (2) The merger shall be subject to the commissioner's approval, in accordance with the same standards as are stated in § 23-69-143 . (3) Upon approval, the membership or policyholders of the merged insurers are bound in all respects by the merger agreement as approved by the commissioner. (b) The domestic insurer may consolidate, merge, or bulk reinsure with any solvent legal reserve life insurer by proper resolution of its board of directors and pursuant to the commissioner's approval and applicable procedure provided by §§ 23-69-143 - 23-69-145 , except that approval of the plans or agreement of merger or bulk reinsurance by members of any insurer involved may be dispensed with if the plan or agreement is otherwise approved by the commissioner. (c) A domestic insurer may convert into a legal reserve stock insurer under the procedures and conditions provided by § 23-69-141 , but the insurer shall be subject to minimum capital stock and maximum risk requirement as provided in § 23-71-116 for stipulated premium plan insurers and to subdivisions (d)(3) and (4) and subdivision (d)(6) of this section. (d) A domestic insurer may convert to a legal reserve mutual insurer under a plan filed with and approved by the commissioner as being reasonable, appropriate, and not injurious to the protection or interests of present or future policyholders of the insurer, subject to the following conditions: (1) The insurer's articles of incorporation shall be amended to provide for transaction of business on the mutual legal reserve basis; (2) When first so converted, the insurer shall have surplus funds of not less than fifty thousand dollars ($50,000). At the end of the fifth calendar year next succeeding the calendar year in which the insurer was so converted, its surplus shall be not less than seventy-five thousand dollars ($75,000). At the end of the tenth and subsequent calendar years, its surplus shall be not less than one hundred thousand dollars ($100,000); (3) The insurer shall write no new business on the assessment plan or reinstate any such business theretofore lapsed following the date of conversion; (4) Assessment plan business in force on the date of conversion may continue in force on the same plan. However, the insurer shall maintain separate accounts of its assessment plan business and its legal reserve business; (5) The maximum single risk retained by the insurer after conversion shall not exceed five percent (5%) of the insurer's surplus, until the surplus totals to one hundred thousand dollars ($100,000) or more; and (6) After conversion the insurer shall otherwise have the same powers and obligations as like legal reserve insurers under the Arkansas Insurance Code. Acts 1959, No. 148, § 574; A.S.A. 1947, § 66-4519.

(a) (1) Any mutual assessment domestic insurer may merge or reinsure its outstanding policies in bulk with any domestic stipulated premium insurer operating under § 23-71-101 et seq. and, upon filing with the Insurance Commissioner, an agreement setting out the conditions of the proposed merger or bulk reinsurance, and certifying that the agreement has been approved by the boards of directors of the respective merging insurers, together with a financial statement of each such insurer. (2) The merger shall be subject to the commissioner's approval, in accordance with the same standards as are stated in § 23-69-143 . (3) Upon approval, the membership or policyholders of the merged insurers are bound in all respects by the merger agreement as approved by the commissioner.

(1) Any mutual assessment domestic insurer may merge or reinsure its outstanding policies in bulk with any domestic stipulated premium insurer operating under § 23-71-101 et seq. and, upon filing with the Insurance Commissioner, an agreement setting out the conditions of the proposed merger or bulk reinsurance, and certifying that the agreement has been approved by the boards of directors of the respective merging insurers, together with a financial statement of each such insurer.

(2) The merger shall be subject to the commissioner's approval, in accordance with the same standards as are stated in § 23-69-143 .

(3) Upon approval, the membership or policyholders of the merged insurers are bound in all respects by the merger agreement as approved by the commissioner.

(b) The domestic insurer may consolidate, merge, or bulk reinsure with any solvent legal reserve life insurer by proper resolution of its board of directors and pursuant to the commissioner's approval and applicable procedure provided by §§ 23-69-143 - 23-69-145 , except that approval of the plans or agreement of merger or bulk reinsurance by members of any insurer involved may be dispensed with if the plan or agreement is otherwise approved by the commissioner.

(c) A domestic insurer may convert into a legal reserve stock insurer under the procedures and conditions provided by § 23-69-141 , but the insurer shall be subject to minimum capital stock and maximum risk requirement as provided in § 23-71-116 for stipulated premium plan insurers and to subdivisions (d)(3) and (4) and subdivision (d)(6) of this section.

(d) A domestic insurer may convert to a legal reserve mutual insurer under a plan filed with and approved by the commissioner as being reasonable, appropriate, and not injurious to the protection or interests of present or future policyholders of the insurer, subject to the following conditions: (1) The insurer's articles of incorporation shall be amended to provide for transaction of business on the mutual legal reserve basis; (2) When first so converted, the insurer shall have surplus funds of not less than fifty thousand dollars ($50,000). At the end of the fifth calendar year next succeeding the calendar year in which the insurer was so converted, its surplus shall be not less than seventy-five thousand dollars ($75,000). At the end of the tenth and subsequent calendar years, its surplus shall be not less than one hundred thousand dollars ($100,000); (3) The insurer shall write no new business on the assessment plan or reinstate any such business theretofore lapsed following the date of conversion; (4) Assessment plan business in force on the date of conversion may continue in force on the same plan. However, the insurer shall maintain separate accounts of its assessment plan business and its legal reserve business; (5) The maximum single risk retained by the insurer after conversion shall not exceed five percent (5%) of the insurer's surplus, until the surplus totals to one hundred thousand dollars ($100,000) or more; and (6) After conversion the insurer shall otherwise have the same powers and obligations as like legal reserve insurers under the Arkansas Insurance Code.

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

(2) When first so converted, the insurer shall have surplus funds of not less than fifty thousand dollars ($50,000). At the end of the fifth calendar year next succeeding the calendar year in which the insurer was so converted, its surplus shall be not less than seventy-five thousand dollars ($75,000). At the end of the tenth and subsequent calendar years, its surplus shall be not less than one hundred thousand dollars ($100,000);

(3) The insurer shall write no new business on the assessment plan or reinstate any such business theretofore lapsed following the date of conversion;

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

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

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

Acts 1959, No. 148, § 574; A.S.A. 1947, § 66-4519.
Ark. Code Ann. § 23-111-406 — AR Code / Title 23 / Chapter 111 / Subchapter 4 / Section 23-111-406
Electoral and residency requirement
Status: in_force

(a) A majority of all officers and directors of any greyhound dog track in this state shall be qualified electors of this state who have resided in the county in which the track is located for a period of not less than two (2) years and shall maintain a residence in the county during their tenure as officers or directors thereof. (b) Any person who may be elected or selected as an officer or director of any greyhound dog track, prior to his or her election or selection, shall submit to the Arkansas Racing Commission a duly verified affidavit setting forth information indicating whether he or she is a qualified elector of this state, his or her place of residence, and the period of time during which he or she has resided at his or her place of residence, in order that the commission may determine that the provisions of this section are being complied with. (c) If there is any change in any of the material facts noted on the verified affidavit filed with the commission by the officer or director of a greyhound dog track, the officer or director, within thirty (30) days after the occurrence of the change, shall submit a new verified affidavit to the commission as required in this section, noting the change. (d) Any person who furnishes false information in the affidavit filed with the commission as required in this section or fails to file a replacement verified affidavit with the commission within thirty (30) days after the change of any material fact noted on the affidavit previously filed with the commission shall be guilty of a Class A misdemeanor. Acts 1969, No. 285, §§ 1, 2; 1981, No. 443, §§ 1, 2; A.S.A. 1947, §§ 84-2823.10, 84-2823.11; Acts 2005, No. 1994, § 232.

(a) A majority of all officers and directors of any greyhound dog track in this state shall be qualified electors of this state who have resided in the county in which the track is located for a period of not less than two (2) years and shall maintain a residence in the county during their tenure as officers or directors thereof.

(b) Any person who may be elected or selected as an officer or director of any greyhound dog track, prior to his or her election or selection, shall submit to the Arkansas Racing Commission a duly verified affidavit setting forth information indicating whether he or she is a qualified elector of this state, his or her place of residence, and the period of time during which he or she has resided at his or her place of residence, in order that the commission may determine that the provisions of this section are being complied with.

(c) If there is any change in any of the material facts noted on the verified affidavit filed with the commission by the officer or director of a greyhound dog track, the officer or director, within thirty (30) days after the occurrence of the change, shall submit a new verified affidavit to the commission as required in this section, noting the change.

(d) Any person who furnishes false information in the affidavit filed with the commission as required in this section or fails to file a replacement verified affidavit with the commission within thirty (30) days after the change of any material fact noted on the affidavit previously filed with the commission shall be guilty of a Class A misdemeanor.

Acts 1969, No. 285, §§ 1, 2; 1981, No. 443, §§ 1, 2; A.S.A. 1947, §§ 84-2823.10, 84-2823.11; Acts 2005, No. 1994, § 232.
Ark. Code Ann. § 23-51-126 — AR Code / Title 23 / Chapter 51 / Section 23-51-126
Mutual funds
Status: in_force

(a) A state trust company may invest for its own account in equity securities of an investment company registered under the Investment Company Act of 1940, 15 U.S.C. Sec. 80a-1 et seq., and the Securities Act of 1933, 15 U.S.C. Sec. 77a et seq., if the portfolio of the investment company consists wholly of investments in which the state trust company could invest directly for its own account. (b) If the portfolio of an investment company described in subsection (a) of this section consists wholly of investments in which the state trust company could invest directly without limitation under § 23-51-123(d) , the state trust company may invest in the investment company without limitation. (c) If the portfolio of an investment company described in subsection (a) of this section contains any investment that is subject to the limits of § 23-51-123(c) , the state trust company may invest in the investment company not more than an amount equal to twenty percent (20%) of the state trust company's capital base. This provision does not apply to a money market fund. (d) In evaluating investment limits under this chapter, a state trust company may not be required to combine: (1) The state trust company's pro rata share of the securities of an issuer in the portfolio of an investment company with the state trust company's pro rata share of the securities of that issuer held by another investment company in which the state trust company has invested; or (2) The state trust company's own direct investment in the securities of an issuer with the state trust company's pro rata share of the securities of that issuer held by each investment company in which the state trust company has invested under this section. Acts 1997, No. 940, § 26.

(a) A state trust company may invest for its own account in equity securities of an investment company registered under the Investment Company Act of 1940, 15 U.S.C. Sec. 80a-1 et seq., and the Securities Act of 1933, 15 U.S.C. Sec. 77a et seq., if the portfolio of the investment company consists wholly of investments in which the state trust company could invest directly for its own account.

(b) If the portfolio of an investment company described in subsection (a) of this section consists wholly of investments in which the state trust company could invest directly without limitation under § 23-51-123(d) , the state trust company may invest in the investment company without limitation.

(c) If the portfolio of an investment company described in subsection (a) of this section contains any investment that is subject to the limits of § 23-51-123(c) , the state trust company may invest in the investment company not more than an amount equal to twenty percent (20%) of the state trust company's capital base. This provision does not apply to a money market fund.

(d) In evaluating investment limits under this chapter, a state trust company may not be required to combine: (1) The state trust company's pro rata share of the securities of an issuer in the portfolio of an investment company with the state trust company's pro rata share of the securities of that issuer held by another investment company in which the state trust company has invested; or (2) The state trust company's own direct investment in the securities of an issuer with the state trust company's pro rata share of the securities of that issuer held by each investment company in which the state trust company has invested under this section.

(1) The state trust company's pro rata share of the securities of an issuer in the portfolio of an investment company with the state trust company's pro rata share of the securities of that issuer held by another investment company in which the state trust company has invested; or

(2) The state trust company's own direct investment in the securities of an issuer with the state trust company's pro rata share of the securities of that issuer held by each investment company in which the state trust company has invested under this section.

Acts 1997, No. 940, § 26.
Ark. Code Ann. § 23-112-905 — AR Code / Title 23 / Chapter 112 / Subchapter 9 / Section 23-112-905
Authority to waive relevant market area and rules
Status: in_force

(a) The Arkansas Motor Vehicle Commission shall waive the following for a recreational vehicle special event that has a significant positive economic impact or is determined by the commission to otherwise qualify for an exemption under § 23-112-904(b) if no franchised motor vehicle dealer of a licensed manufacturer is represented in the host county of the recreational vehicle special event or the counties contiguous to the host county: (1) The provisions of this chapter regarding relevant market area; and (2) The rules regarding motor vehicle dealers in contiguous counties. (b) (1) The commission may promulgate rules for the issuance of a temporary permit to out-of-state motor vehicle dealers and manufacturers to participate in a recreational vehicle special event under this subchapter. (2) The commission shall not promulgate a rule that puts a greater burden on out-of-state motor vehicle dealers and manufacturers to obtain a temporary permit than the requirements necessary for a motor vehicle dealer or manufacturer to obtain a license from the commission. (3) If the commission establishes fees for a temporary permit under this subsection, the fees shall not exceed: (A) For an out-of-state motor vehicle dealer, one hundred dollars ($100); (B) For a manufacturer or distributor, two hundred fifty dollars ($250); (C) For an out-of-state salesperson, fifteen dollars ($15.00); and (D) For a factory representative or distributor representative, fifty dollars ($50.00). Acts 2011, No. 263, § 1.

(a) The Arkansas Motor Vehicle Commission shall waive the following for a recreational vehicle special event that has a significant positive economic impact or is determined by the commission to otherwise qualify for an exemption under § 23-112-904(b) if no franchised motor vehicle dealer of a licensed manufacturer is represented in the host county of the recreational vehicle special event or the counties contiguous to the host county: (1) The provisions of this chapter regarding relevant market area; and (2) The rules regarding motor vehicle dealers in contiguous counties.

(1) The provisions of this chapter regarding relevant market area; and

(2) The rules regarding motor vehicle dealers in contiguous counties.

(b) (1) The commission may promulgate rules for the issuance of a temporary permit to out-of-state motor vehicle dealers and manufacturers to participate in a recreational vehicle special event under this subchapter. (2) The commission shall not promulgate a rule that puts a greater burden on out-of-state motor vehicle dealers and manufacturers to obtain a temporary permit than the requirements necessary for a motor vehicle dealer or manufacturer to obtain a license from the commission. (3) If the commission establishes fees for a temporary permit under this subsection, the fees shall not exceed: (A) For an out-of-state motor vehicle dealer, one hundred dollars ($100); (B) For a manufacturer or distributor, two hundred fifty dollars ($250); (C) For an out-of-state salesperson, fifteen dollars ($15.00); and (D) For a factory representative or distributor representative, fifty dollars ($50.00).

(1) The commission may promulgate rules for the issuance of a temporary permit to out-of-state motor vehicle dealers and manufacturers to participate in a recreational vehicle special event under this subchapter.

(2) The commission shall not promulgate a rule that puts a greater burden on out-of-state motor vehicle dealers and manufacturers to obtain a temporary permit than the requirements necessary for a motor vehicle dealer or manufacturer to obtain a license from the commission.

(3) If the commission establishes fees for a temporary permit under this subsection, the fees shall not exceed: (A) For an out-of-state motor vehicle dealer, one hundred dollars ($100); (B) For a manufacturer or distributor, two hundred fifty dollars ($250); (C) For an out-of-state salesperson, fifteen dollars ($15.00); and (D) For a factory representative or distributor representative, fifty dollars ($50.00).

(A) For an out-of-state motor vehicle dealer, one hundred dollars ($100);

(B) For a manufacturer or distributor, two hundred fifty dollars ($250);

(C) For an out-of-state salesperson, fifteen dollars ($15.00); and

(D) For a factory representative or distributor representative, fifty dollars ($50.00).

Acts 2011, No. 263, § 1.
Ark. Code Ann. § 23-110-201 — AR Code / Title 23 / Chapter 110 / Subchapter 2 / Section 23-110-201
Arkansas Racing Commission - Creation - Members
Status: in_force

(a) A commission consisting of seven (7) members, to be known as the "Arkansas Racing Commission", is created and established. (b) The members of the commission shall be appointed by the Governor for terms of five (5) years. The term of office shall commence on January 15 and shall end on January 14 of the fifth year following the year in which that regular term commenced. (c) Any vacancies arising in the membership of the commission for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, to be thereafter effective until the expiration of the regular term. (d) (1) Each congressional district shall be represented on the commission. (2) Each member of the commission shall have been a resident of Arkansas for not less than ten (10) years next preceding the date of his or her appointment and shall be a qualified voter at the time of his or her appointment. (3) No person who is officially connected with, employed by, financially interested in, or related to, within the third degree of consanguinity or affinity, any officer or stockholder of an applicant for, or any officer or stockholder of a holder of, a franchise applied for or issued under or pursuant to the provisions of this chapter shall be eligible to serve as a member of the commission. (e) The Governor shall have the right to remove any member of the commission for cause. (f) Before entering upon his or her duties, each member of the commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (g) Members of the commission shall not receive compensation for their services, but, within the limitations of appropriations made available by the General Assembly, each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2015, No. 300,§ 1, eff. 3/4/2015. Acts 1957, No. 46, §§ 2-4, 7; 1965, No. 176, § 1; 1975, No. 912, § 1; 1981, No. 776, § 5; A.S.A. 1947, §§ 84-2728 -- 84-2730, 84-2733, 84-2733.1; Acts 1997, No. 250, § 226.

(a) A commission consisting of seven (7) members, to be known as the "Arkansas Racing Commission", is created and established.

(b) The members of the commission shall be appointed by the Governor for terms of five (5) years. The term of office shall commence on January 15 and shall end on January 14 of the fifth year following the year in which that regular term commenced.

(c) Any vacancies arising in the membership of the commission for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, to be thereafter effective until the expiration of the regular term.

(d) (1) Each congressional district shall be represented on the commission. (2) Each member of the commission shall have been a resident of Arkansas for not less than ten (10) years next preceding the date of his or her appointment and shall be a qualified voter at the time of his or her appointment. (3) No person who is officially connected with, employed by, financially interested in, or related to, within the third degree of consanguinity or affinity, any officer or stockholder of an applicant for, or any officer or stockholder of a holder of, a franchise applied for or issued under or pursuant to the provisions of this chapter shall be eligible to serve as a member of the commission.

(1) Each congressional district shall be represented on the commission.

(2) Each member of the commission shall have been a resident of Arkansas for not less than ten (10) years next preceding the date of his or her appointment and shall be a qualified voter at the time of his or her appointment.

(3) No person who is officially connected with, employed by, financially interested in, or related to, within the third degree of consanguinity or affinity, any officer or stockholder of an applicant for, or any officer or stockholder of a holder of, a franchise applied for or issued under or pursuant to the provisions of this chapter shall be eligible to serve as a member of the commission.

(e) The Governor shall have the right to remove any member of the commission for cause.

(f) Before entering upon his or her duties, each member of the commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.

(g) Members of the commission shall not receive compensation for their services, but, within the limitations of appropriations made available by the General Assembly, each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2015, No. 300,§ 1, eff. 3/4/2015.

Acts 1957, No. 46, §§ 2-4, 7; 1965, No. 176, § 1; 1975, No. 912, § 1; 1981, No. 776, § 5; A.S.A. 1947, §§ 84-2728 -- 84-2730, 84-2733, 84-2733.1; Acts 1997, No. 250, § 226.