Ark. Code Ann. § 23-18-515 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-515
Amendment of certificates
Status: in_force

(a) Upon application by an applicant, a certificate issued under this subchapter may be amended as provided in this section or in accordance with such simplified procedures as the Arkansas Public Service Commission may establish by reasonable rules. (b) An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe. (c) (1) Notice of such an application shall be given as set forth in § 23-18-513(a) -(c). (2) Any party which files an application for an amendment of a certificate shall serve copies thereof on each party to the original proceedings. Amended by Act 2019, No. 315,§ 2481, eff. 7/24/2019. Acts 1973, No. 164, §§ 4-6; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.3 -- 73-276.5.

(a) Upon application by an applicant, a certificate issued under this subchapter may be amended as provided in this section or in accordance with such simplified procedures as the Arkansas Public Service Commission may establish by reasonable rules.

(b) An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe.

(c) (1) Notice of such an application shall be given as set forth in § 23-18-513(a) -(c). (2) Any party which files an application for an amendment of a certificate shall serve copies thereof on each party to the original proceedings.

(1) Notice of such an application shall be given as set forth in § 23-18-513(a) -(c).

(2) Any party which files an application for an amendment of a certificate shall serve copies thereof on each party to the original proceedings.

Amended by Act 2019, No. 315,§ 2481, eff. 7/24/2019.

Acts 1973, No. 164, §§ 4-6; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.3 -- 73-276.5.
Ark. Code Ann. § 23-115-501 — AR Code / Title 23 / Chapter 115 / Subchapter 5 / Section 23-115-501
Vendors - Requirements when submitting bid, proposal, or offer - Major procurement contract
Status: in_force

(a) The Office of the Arkansas Lottery shall investigate the financial responsibility, security, and integrity of a vendor who is a finalist in submitting a bid, proposal, or offer to perform a major procurement contract. (b) At the time of submitting a bid, proposal, or offer to the office, a vendor shall include: (1) A disclosure of the vendor's name and address and, as applicable, the names and addresses of the following: (A) (i) If the vendor is a corporation, the officers, directors, and each stockholder holding more than a ten percent (10%) interest in the corporation. (ii) However, in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially five percent (5%) or more of the securities need be disclosed; (B) If the vendor is a trust, the trustee and all persons entitled to receive income or benefits from the trust; (C) If the vendor is an association, the members, officers, and directors; and (D) If the vendor is a partnership or joint venture, all of the general partners, limited partners, or joint venturers; (2) A disclosure of all the states and jurisdictions in which the vendor does business and the nature of the business for each state or jurisdiction; (3) A disclosure of all the states and jurisdictions in which the vendor has contracts to supply gaming goods or services, including without limitation lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction; (4) (A) A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to the vendor's license, contract, or operation and the disposition of each instance in each state or jurisdiction. (B) If a lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six (6) months, all of the facts and circumstances underlying the failure to receive a license shall be disclosed; (5) (A) A disclosure of the details of a finding or plea, conviction, or adjudication of guilt in a state, federal, foreign, or international court or tribunal for a criminal offense other than a traffic violation committed by the vendor or a person identified under subdivision (b)(1) of this section. (B) (i) The office may request that any or all of the persons identified under subdivision (b)(1) of this section undergo a state and federal criminal background check. (ii) If requested, a state and federal criminal background check shall be conducted under § 23-115-601(e) ; (6) A disclosure of the details of a vendor's: (A) Bankruptcy, insolvency, or reorganization; (B) Corporate or individual purchase or takeover of another corporation, including without limitation the assumption of bonded indebtedness or other debts or liabilities; and (C) Pending litigation; (7) The vendor's most recent financial statement, the most recent audit report of the vendor's operations, and a disclosure of the vendor's internal financial controls and procedures for financial reporting; and (8) Additional disclosures and information that the office determines is appropriate for the major procurement contract involved. (c) If any portion of a vendor's contract is subcontracted, the vendor shall disclose all of the information required by this section for the subcontractor as if the subcontractor were itself a vendor. (d) (1) The office shall not enter into a major procurement contract with a vendor that: (A) Has not complied with the disclosure requirements of this section; (B) Has been found guilty of a felony related to the security or integrity of a lottery in this or any other jurisdiction; or (C) Has an ownership interest in an entity that has supplied lottery goods or services under contract to the office regarding the request for proposals pertaining to those particular goods or services. (2) The office may terminate a major procurement contract with a vendor that does not comply with requirements for periodically updating disclosures during the term of a major procurement contract as specified in the major procurement contract. (3) This section shall be construed broadly and liberally to achieve full disclosure of all information necessary to allow for a full and complete evaluation by the office of the competence, integrity, background, and character of a vendor for a major procurement contract. (e) (1) A vendor who provides or proposes to provide goods or services under a major procurement contract shall not provide a gift or compensation to: (A) The Director of the Office of the Arkansas Lottery, an employee of the office, the Secretary of the Department of Finance and Administration, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council; or (B) A member of the immediate family of the Director of the Office of the Arkansas Lottery, an employee of the office, the secretary, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council. (2) (A) A person who knowingly violates subdivision (e)(1) of this section shall be guilty of a Class A misdemeanor. (B) The Arkansas Ethics Commission may investigate and enforce alleged violations of subdivision (e)(1) of this section under the authority granted by §§ 7-6-217 and 7-6-218 . (f) (1) A public official, the secretary, and the Deputy Director of the Department of Finance and Administration shall not knowingly own a financial interest in a vendor. (2) (A) If a public official, the secretary, or the Deputy Director of the Department of Finance and Administration becomes aware that he or she owns a financial interest in a vendor, the public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall divest the financial interest as soon as possible. (B) A public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall not divest the financial interest to a member of his or her immediate family. Amended by Act 2019, No. 910,§ 3541, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3540, eff. 7/1/2019. Amended by Act 2015, No. 1258,§ 33, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 39.

(a) The Office of the Arkansas Lottery shall investigate the financial responsibility, security, and integrity of a vendor who is a finalist in submitting a bid, proposal, or offer to perform a major procurement contract.

(b) At the time of submitting a bid, proposal, or offer to the office, a vendor shall include: (1) A disclosure of the vendor's name and address and, as applicable, the names and addresses of the following: (A) (i) If the vendor is a corporation, the officers, directors, and each stockholder holding more than a ten percent (10%) interest in the corporation. (ii) However, in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially five percent (5%) or more of the securities need be disclosed; (B) If the vendor is a trust, the trustee and all persons entitled to receive income or benefits from the trust; (C) If the vendor is an association, the members, officers, and directors; and (D) If the vendor is a partnership or joint venture, all of the general partners, limited partners, or joint venturers; (2) A disclosure of all the states and jurisdictions in which the vendor does business and the nature of the business for each state or jurisdiction; (3) A disclosure of all the states and jurisdictions in which the vendor has contracts to supply gaming goods or services, including without limitation lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction; (4) (A) A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to the vendor's license, contract, or operation and the disposition of each instance in each state or jurisdiction. (B) If a lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six (6) months, all of the facts and circumstances underlying the failure to receive a license shall be disclosed; (5) (A) A disclosure of the details of a finding or plea, conviction, or adjudication of guilt in a state, federal, foreign, or international court or tribunal for a criminal offense other than a traffic violation committed by the vendor or a person identified under subdivision (b)(1) of this section. (B) (i) The office may request that any or all of the persons identified under subdivision (b)(1) of this section undergo a state and federal criminal background check. (ii) If requested, a state and federal criminal background check shall be conducted under § 23-115-601(e) ; (6) A disclosure of the details of a vendor's: (A) Bankruptcy, insolvency, or reorganization; (B) Corporate or individual purchase or takeover of another corporation, including without limitation the assumption of bonded indebtedness or other debts or liabilities; and (C) Pending litigation; (7) The vendor's most recent financial statement, the most recent audit report of the vendor's operations, and a disclosure of the vendor's internal financial controls and procedures for financial reporting; and (8) Additional disclosures and information that the office determines is appropriate for the major procurement contract involved.

(1) A disclosure of the vendor's name and address and, as applicable, the names and addresses of the following: (A) (i) If the vendor is a corporation, the officers, directors, and each stockholder holding more than a ten percent (10%) interest in the corporation. (ii) However, in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially five percent (5%) or more of the securities need be disclosed; (B) If the vendor is a trust, the trustee and all persons entitled to receive income or benefits from the trust; (C) If the vendor is an association, the members, officers, and directors; and (D) If the vendor is a partnership or joint venture, all of the general partners, limited partners, or joint venturers;

(A) (i) If the vendor is a corporation, the officers, directors, and each stockholder holding more than a ten percent (10%) interest in the corporation. (ii) However, in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially five percent (5%) or more of the securities need be disclosed;

(i) If the vendor is a corporation, the officers, directors, and each stockholder holding more than a ten percent (10%) interest in the corporation.

(ii) However, in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially five percent (5%) or more of the securities need be disclosed;

(B) If the vendor is a trust, the trustee and all persons entitled to receive income or benefits from the trust;

(C) If the vendor is an association, the members, officers, and directors; and

(D) If the vendor is a partnership or joint venture, all of the general partners, limited partners, or joint venturers;

(2) A disclosure of all the states and jurisdictions in which the vendor does business and the nature of the business for each state or jurisdiction;

(3) A disclosure of all the states and jurisdictions in which the vendor has contracts to supply gaming goods or services, including without limitation lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction;

(4) (A) A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to the vendor's license, contract, or operation and the disposition of each instance in each state or jurisdiction. (B) If a lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six (6) months, all of the facts and circumstances underlying the failure to receive a license shall be disclosed;

(A) A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to the vendor's license, contract, or operation and the disposition of each instance in each state or jurisdiction.

(B) If a lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six (6) months, all of the facts and circumstances underlying the failure to receive a license shall be disclosed;

(5) (A) A disclosure of the details of a finding or plea, conviction, or adjudication of guilt in a state, federal, foreign, or international court or tribunal for a criminal offense other than a traffic violation committed by the vendor or a person identified under subdivision (b)(1) of this section. (B) (i) The office may request that any or all of the persons identified under subdivision (b)(1) of this section undergo a state and federal criminal background check. (ii) If requested, a state and federal criminal background check shall be conducted under § 23-115-601(e) ;

(A) A disclosure of the details of a finding or plea, conviction, or adjudication of guilt in a state, federal, foreign, or international court or tribunal for a criminal offense other than a traffic violation committed by the vendor or a person identified under subdivision (b)(1) of this section.

(B) (i) The office may request that any or all of the persons identified under subdivision (b)(1) of this section undergo a state and federal criminal background check. (ii) If requested, a state and federal criminal background check shall be conducted under § 23-115-601(e) ;

(i) The office may request that any or all of the persons identified under subdivision (b)(1) of this section undergo a state and federal criminal background check.

(ii) If requested, a state and federal criminal background check shall be conducted under § 23-115-601(e) ;

(6) A disclosure of the details of a vendor's: (A) Bankruptcy, insolvency, or reorganization; (B) Corporate or individual purchase or takeover of another corporation, including without limitation the assumption of bonded indebtedness or other debts or liabilities; and (C) Pending litigation;

(A) Bankruptcy, insolvency, or reorganization;

(B) Corporate or individual purchase or takeover of another corporation, including without limitation the assumption of bonded indebtedness or other debts or liabilities; and

(C) Pending litigation;

(7) The vendor's most recent financial statement, the most recent audit report of the vendor's operations, and a disclosure of the vendor's internal financial controls and procedures for financial reporting; and

(8) Additional disclosures and information that the office determines is appropriate for the major procurement contract involved.

(c) If any portion of a vendor's contract is subcontracted, the vendor shall disclose all of the information required by this section for the subcontractor as if the subcontractor were itself a vendor.

(d) (1) The office shall not enter into a major procurement contract with a vendor that: (A) Has not complied with the disclosure requirements of this section; (B) Has been found guilty of a felony related to the security or integrity of a lottery in this or any other jurisdiction; or (C) Has an ownership interest in an entity that has supplied lottery goods or services under contract to the office regarding the request for proposals pertaining to those particular goods or services. (2) The office may terminate a major procurement contract with a vendor that does not comply with requirements for periodically updating disclosures during the term of a major procurement contract as specified in the major procurement contract. (3) This section shall be construed broadly and liberally to achieve full disclosure of all information necessary to allow for a full and complete evaluation by the office of the competence, integrity, background, and character of a vendor for a major procurement contract.

(1) The office shall not enter into a major procurement contract with a vendor that: (A) Has not complied with the disclosure requirements of this section; (B) Has been found guilty of a felony related to the security or integrity of a lottery in this or any other jurisdiction; or (C) Has an ownership interest in an entity that has supplied lottery goods or services under contract to the office regarding the request for proposals pertaining to those particular goods or services.

(A) Has not complied with the disclosure requirements of this section;

(B) Has been found guilty of a felony related to the security or integrity of a lottery in this or any other jurisdiction; or

(C) Has an ownership interest in an entity that has supplied lottery goods or services under contract to the office regarding the request for proposals pertaining to those particular goods or services.

(2) The office may terminate a major procurement contract with a vendor that does not comply with requirements for periodically updating disclosures during the term of a major procurement contract as specified in the major procurement contract.

(3) This section shall be construed broadly and liberally to achieve full disclosure of all information necessary to allow for a full and complete evaluation by the office of the competence, integrity, background, and character of a vendor for a major procurement contract.

(e) (1) A vendor who provides or proposes to provide goods or services under a major procurement contract shall not provide a gift or compensation to: (A) The Director of the Office of the Arkansas Lottery, an employee of the office, the Secretary of the Department of Finance and Administration, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council; or (B) A member of the immediate family of the Director of the Office of the Arkansas Lottery, an employee of the office, the secretary, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council. (2) (A) A person who knowingly violates subdivision (e)(1) of this section shall be guilty of a Class A misdemeanor. (B) The Arkansas Ethics Commission may investigate and enforce alleged violations of subdivision (e)(1) of this section under the authority granted by §§ 7-6-217 and 7-6-218 .

(1) A vendor who provides or proposes to provide goods or services under a major procurement contract shall not provide a gift or compensation to: (A) The Director of the Office of the Arkansas Lottery, an employee of the office, the Secretary of the Department of Finance and Administration, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council; or (B) A member of the immediate family of the Director of the Office of the Arkansas Lottery, an employee of the office, the secretary, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council.

(A) The Director of the Office of the Arkansas Lottery, an employee of the office, the Secretary of the Department of Finance and Administration, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council; or

(B) A member of the immediate family of the Director of the Office of the Arkansas Lottery, an employee of the office, the secretary, the Deputy Director of the Department of Finance and Administration, or a member of the Legislative Council.

(2) (A) A person who knowingly violates subdivision (e)(1) of this section shall be guilty of a Class A misdemeanor. (B) The Arkansas Ethics Commission may investigate and enforce alleged violations of subdivision (e)(1) of this section under the authority granted by §§ 7-6-217 and 7-6-218 .

(A) A person who knowingly violates subdivision (e)(1) of this section shall be guilty of a Class A misdemeanor.

(B) The Arkansas Ethics Commission may investigate and enforce alleged violations of subdivision (e)(1) of this section under the authority granted by §§ 7-6-217 and 7-6-218 .

(f) (1) A public official, the secretary, and the Deputy Director of the Department of Finance and Administration shall not knowingly own a financial interest in a vendor. (2) (A) If a public official, the secretary, or the Deputy Director of the Department of Finance and Administration becomes aware that he or she owns a financial interest in a vendor, the public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall divest the financial interest as soon as possible. (B) A public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall not divest the financial interest to a member of his or her immediate family.

(1) A public official, the secretary, and the Deputy Director of the Department of Finance and Administration shall not knowingly own a financial interest in a vendor.

(2) (A) If a public official, the secretary, or the Deputy Director of the Department of Finance and Administration becomes aware that he or she owns a financial interest in a vendor, the public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall divest the financial interest as soon as possible. (B) A public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall not divest the financial interest to a member of his or her immediate family.

(A) If a public official, the secretary, or the Deputy Director of the Department of Finance and Administration becomes aware that he or she owns a financial interest in a vendor, the public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall divest the financial interest as soon as possible.

(B) A public official, the secretary, or the Deputy Director of the Department of Finance and Administration shall not divest the financial interest to a member of his or her immediate family.

Amended by Act 2019, No. 910,§ 3541, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3540, eff. 7/1/2019.

Amended by Act 2015, No. 1258,§ 33, eff. 7/22/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 39.
Ark. Code Ann. § 23-61-305 — AR Code / Title 23 / Chapter 61 / Subchapter 3 / Section 23-61-305
Hearing - Procedures
Status: in_force

(a) Hearings may be closed to the public at the Insurance Commissioner's discretion, except that a hearing shall be open to the public if so requested in writing by any party to the hearing. (b) The commissioner shall allow any party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of his or her interest, and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his or her behalf. (c) The commissioner shall permit to become a party to the hearing by intervention, if timely, only those persons who were not original parties to the hearing and whose pecuniary interests are to be directly and immediately affected by the commissioner's order made upon the hearing. (d) Formal rules of pleading or evidence need not be observed at any hearing. (e) (1) Upon written request timely made by a party to the hearing and at that person's expense, the commissioner shall cause a full stenographic record of the proceedings to be made by a competent reporter. (2) If transcribed, a copy of the stenographic record shall be furnished to the commissioner. Notwithstanding the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the transcribed stenographic record shall be furnished to the commissioner without cost to the commissioner or the state and shall be a part of the commissioner's record of the hearing. (3) If so transcribed, a copy of the stenographic record shall be furnished to any other party to the hearing at the request and expense of the other party. (4) If no stenographic record is made or transcribed, the commissioner shall prepare an adequate record of the evidence and of the proceedings. (f) Upon written request of a party to a hearing filed with the commissioner within thirty (30) days after any order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive the order, the commissioner, in his or her discretion, may grant a rehearing or reargument of the matters involved in the hearing, and notice of the rehearing or reargument shall be given as provided in § 23-61-304 . Acts 1959, No. 148, § 40; 1979, No. 942, § 4; A.S.A. 1947, § 66-2125; Acts 1987, No. 456, § 2.

(a) Hearings may be closed to the public at the Insurance Commissioner's discretion, except that a hearing shall be open to the public if so requested in writing by any party to the hearing.

(b) The commissioner shall allow any party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of his or her interest, and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his or her behalf.

(c) The commissioner shall permit to become a party to the hearing by intervention, if timely, only those persons who were not original parties to the hearing and whose pecuniary interests are to be directly and immediately affected by the commissioner's order made upon the hearing.

(d) Formal rules of pleading or evidence need not be observed at any hearing.

(e) (1) Upon written request timely made by a party to the hearing and at that person's expense, the commissioner shall cause a full stenographic record of the proceedings to be made by a competent reporter. (2) If transcribed, a copy of the stenographic record shall be furnished to the commissioner. Notwithstanding the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the transcribed stenographic record shall be furnished to the commissioner without cost to the commissioner or the state and shall be a part of the commissioner's record of the hearing. (3) If so transcribed, a copy of the stenographic record shall be furnished to any other party to the hearing at the request and expense of the other party. (4) If no stenographic record is made or transcribed, the commissioner shall prepare an adequate record of the evidence and of the proceedings.

(1) Upon written request timely made by a party to the hearing and at that person's expense, the commissioner shall cause a full stenographic record of the proceedings to be made by a competent reporter.

(2) If transcribed, a copy of the stenographic record shall be furnished to the commissioner. Notwithstanding the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the transcribed stenographic record shall be furnished to the commissioner without cost to the commissioner or the state and shall be a part of the commissioner's record of the hearing.

(3) If so transcribed, a copy of the stenographic record shall be furnished to any other party to the hearing at the request and expense of the other party.

(4) If no stenographic record is made or transcribed, the commissioner shall prepare an adequate record of the evidence and of the proceedings.

(f) Upon written request of a party to a hearing filed with the commissioner within thirty (30) days after any order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive the order, the commissioner, in his or her discretion, may grant a rehearing or reargument of the matters involved in the hearing, and notice of the rehearing or reargument shall be given as provided in § 23-61-304 .

Acts 1959, No. 148, § 40; 1979, No. 942, § 4; A.S.A. 1947, § 66-2125; Acts 1987, No. 456, § 2.
Ark. Code Ann. § 23-79-141 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-141
Children's Preventive Health Care Act
Status: in_force

(a) Title. This section shall be known and may be cited as the "Children's Preventive Health Care Act". (b) Declaration of Purposes. The purpose of this section is to assure that all children eighteen (18) years of age and younger are provided with insurance coverage for preventive healthcare services during their formative years in order to facilitate early detection and prevention of physical and mental illness, thereby avoiding the risks of the extreme costs associated with many preventable childhood diseases. In addition to improving the health of children, providing insurance coverage for children's preventive healthcare services enhances the care-giving skills of parents and helps strengthen the family unit. Providing insurance coverage for children's preventive health care will also reduce the disruption to the emotional and financial well-being of families that often accompanies physical and mental illness among children. (c) Definitions. As used in this section: (1) "Children's preventive healthcare services" means physician-delivered or physician-supervised services for eligible dependents from birth through eighteen (18) years of age, with periodic preventive care visits, including medical history, physical examination, developmental assessment, anticipatory guidance, and appropriate immunizations and laboratory tests, in keeping with prevailing medical standards for the purposes of this section; and (2) "Periodic preventive care visits" means the routine tests and procedures for the purpose of detection of abnormalities or malfunctions of bodily systems and parts according to accepted medical practice. (d) Applicability. (1) Every accident and health insurer, hospital or medical service corporation, health maintenance organization, fraternal benefit society, and self-insured plan transacting accident and health insurance or providing accident and health coverage in this state that delivers, issues for delivery in this state, or renews, extends, or modifies accident and health policies, contracts, certificates, and plans providing hospital and medical coverage on an expense-incurred, service, or prepaid basis, which contracts provide coverage for a family member of the insured person, shall provide to the contract holder coverage for periodic preventive care visits for covered persons from the moment of birth through eighteen (18) years of age. (2) This section does not apply to disability income, specified disease, medicare supplement, hospital indemnity, or accident-only policies. (e) Coverage. (1) Each accident and health insurance policy, contract, certificate, or plan providing benefits for children's preventive healthcare services on a periodic basis shall include twenty (20) visits at approximately the following age intervals: (A) Birth; (B) Two (2) weeks; (C) Two (2) months; (D) Four (4) months; (E) Six (6) months; (F) Nine (9) months; (G) Twelve (12) months; (H) Fifteen (15) months; (I) Eighteen (18) months; (J) Two (2) years; (K) Three (3) years; (L) Four (4) years; (M) Five (5) years; (N) Six (6) years; (O) Eight (8) years; (P) Ten (10) years; (Q) Twelve (12) years; (R) Fourteen (14) years; (S) Sixteen (16) years; and (T) Eighteen (18) years. (2) An accident and health insurance policy, contract, certificate, or plan may provide that children's preventive healthcare services that are rendered during a periodic review shall only be covered to the extent that those services are provided by or under the supervision of a single physician during the course of one (1) visit. (f) Reimbursement, Coinsurance, and Deductibles. (1) The benefits that are mandated by this section shall be reimbursed at levels established by the Insurance Commissioner. (2) (A) Benefits for recommended immunization services shall be exempt from any copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy. This exemption shall be explicitly stated in the policy. (B) All other children's preventive healthcare services will be subject to copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy. Acts 1989, No. 860, § 1; 1995, No. 685, § 1; 2001, No. 1604, §§ 105, 106, 107; 2011, No. 760, § 14.

(a) Title. This section shall be known and may be cited as the "Children's Preventive Health Care Act".

(b) Declaration of Purposes. The purpose of this section is to assure that all children eighteen (18) years of age and younger are provided with insurance coverage for preventive healthcare services during their formative years in order to facilitate early detection and prevention of physical and mental illness, thereby avoiding the risks of the extreme costs associated with many preventable childhood diseases. In addition to improving the health of children, providing insurance coverage for children's preventive healthcare services enhances the care-giving skills of parents and helps strengthen the family unit. Providing insurance coverage for children's preventive health care will also reduce the disruption to the emotional and financial well-being of families that often accompanies physical and mental illness among children.

(c) Definitions. As used in this section: (1) "Children's preventive healthcare services" means physician-delivered or physician-supervised services for eligible dependents from birth through eighteen (18) years of age, with periodic preventive care visits, including medical history, physical examination, developmental assessment, anticipatory guidance, and appropriate immunizations and laboratory tests, in keeping with prevailing medical standards for the purposes of this section; and (2) "Periodic preventive care visits" means the routine tests and procedures for the purpose of detection of abnormalities or malfunctions of bodily systems and parts according to accepted medical practice.

(1) "Children's preventive healthcare services" means physician-delivered or physician-supervised services for eligible dependents from birth through eighteen (18) years of age, with periodic preventive care visits, including medical history, physical examination, developmental assessment, anticipatory guidance, and appropriate immunizations and laboratory tests, in keeping with prevailing medical standards for the purposes of this section; and

(2) "Periodic preventive care visits" means the routine tests and procedures for the purpose of detection of abnormalities or malfunctions of bodily systems and parts according to accepted medical practice.

(d) Applicability. (1) Every accident and health insurer, hospital or medical service corporation, health maintenance organization, fraternal benefit society, and self-insured plan transacting accident and health insurance or providing accident and health coverage in this state that delivers, issues for delivery in this state, or renews, extends, or modifies accident and health policies, contracts, certificates, and plans providing hospital and medical coverage on an expense-incurred, service, or prepaid basis, which contracts provide coverage for a family member of the insured person, shall provide to the contract holder coverage for periodic preventive care visits for covered persons from the moment of birth through eighteen (18) years of age. (2) This section does not apply to disability income, specified disease, medicare supplement, hospital indemnity, or accident-only policies.

(1) Every accident and health insurer, hospital or medical service corporation, health maintenance organization, fraternal benefit society, and self-insured plan transacting accident and health insurance or providing accident and health coverage in this state that delivers, issues for delivery in this state, or renews, extends, or modifies accident and health policies, contracts, certificates, and plans providing hospital and medical coverage on an expense-incurred, service, or prepaid basis, which contracts provide coverage for a family member of the insured person, shall provide to the contract holder coverage for periodic preventive care visits for covered persons from the moment of birth through eighteen (18) years of age.

(2) This section does not apply to disability income, specified disease, medicare supplement, hospital indemnity, or accident-only policies.

(e) Coverage. (1) Each accident and health insurance policy, contract, certificate, or plan providing benefits for children's preventive healthcare services on a periodic basis shall include twenty (20) visits at approximately the following age intervals: (A) Birth; (B) Two (2) weeks; (C) Two (2) months; (D) Four (4) months; (E) Six (6) months; (F) Nine (9) months; (G) Twelve (12) months; (H) Fifteen (15) months; (I) Eighteen (18) months; (J) Two (2) years; (K) Three (3) years; (L) Four (4) years; (M) Five (5) years; (N) Six (6) years; (O) Eight (8) years; (P) Ten (10) years; (Q) Twelve (12) years; (R) Fourteen (14) years; (S) Sixteen (16) years; and (T) Eighteen (18) years. (2) An accident and health insurance policy, contract, certificate, or plan may provide that children's preventive healthcare services that are rendered during a periodic review shall only be covered to the extent that those services are provided by or under the supervision of a single physician during the course of one (1) visit.

(1) Each accident and health insurance policy, contract, certificate, or plan providing benefits for children's preventive healthcare services on a periodic basis shall include twenty (20) visits at approximately the following age intervals: (A) Birth; (B) Two (2) weeks; (C) Two (2) months; (D) Four (4) months; (E) Six (6) months; (F) Nine (9) months; (G) Twelve (12) months; (H) Fifteen (15) months; (I) Eighteen (18) months; (J) Two (2) years; (K) Three (3) years; (L) Four (4) years; (M) Five (5) years; (N) Six (6) years; (O) Eight (8) years; (P) Ten (10) years; (Q) Twelve (12) years; (R) Fourteen (14) years; (S) Sixteen (16) years; and (T) Eighteen (18) years.

(A) Birth;

(B) Two (2) weeks;

(C) Two (2) months;

(D) Four (4) months;

(E) Six (6) months;

(F) Nine (9) months;

(G) Twelve (12) months;

(H) Fifteen (15) months;

(I) Eighteen (18) months;

(J) Two (2) years;

(K) Three (3) years;

(L) Four (4) years;

(M) Five (5) years;

(N) Six (6) years;

(O) Eight (8) years;

(P) Ten (10) years;

(Q) Twelve (12) years;

(R) Fourteen (14) years;

(S) Sixteen (16) years; and

(T) Eighteen (18) years.

(2) An accident and health insurance policy, contract, certificate, or plan may provide that children's preventive healthcare services that are rendered during a periodic review shall only be covered to the extent that those services are provided by or under the supervision of a single physician during the course of one (1) visit.

(f) Reimbursement, Coinsurance, and Deductibles. (1) The benefits that are mandated by this section shall be reimbursed at levels established by the Insurance Commissioner. (2) (A) Benefits for recommended immunization services shall be exempt from any copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy. This exemption shall be explicitly stated in the policy. (B) All other children's preventive healthcare services will be subject to copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy.

(1) The benefits that are mandated by this section shall be reimbursed at levels established by the Insurance Commissioner.

(2) (A) Benefits for recommended immunization services shall be exempt from any copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy. This exemption shall be explicitly stated in the policy. (B) All other children's preventive healthcare services will be subject to copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy.

(A) Benefits for recommended immunization services shall be exempt from any copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy. This exemption shall be explicitly stated in the policy.

(B) All other children's preventive healthcare services will be subject to copayment, coinsurance, deductible, or dollar limit provisions in the accident and health insurance policy.

Acts 1989, No. 860, § 1; 1995, No. 685, § 1; 2001, No. 1604, §§ 105, 106, 107; 2011, No. 760, § 14.
Ark. Code Ann. § 23-15-203 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Public Service Commission; (2) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive; (3) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. §§ 717 - 717z ; (4) "Municipality" means a city, county, or any other political subdivision of a state; (5) "Person" means an individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof; (6) "Petroleum refinery" means an industrial or manufacturing facility or plant primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through the processing of petroleum crude oil that is subject to: (A) The United States Environmental Protection Agency Standards of Performance for New Stationary Sources set forth in 40 C.F.R. Part 60, Subpart GGG or successor regulations; (B) The United States Environmental Protection Agency chemical accident prevention provisions set forth in 40 C.F.R. Part 68, Subparts A, B, D, E, F, G, and H or successor regulations; and (C) The United States Occupational Safety and Health Administration regulations governing process safety management of highly hazardous chemicals set forth in 29 C.F.R. § 1910.119 or successor regulations; (7) "Pipeline facilities" includes, without limitation, pipe, pipe rights-of-way, and any equipment facility or building used in the transportation of gas or the treatment of gas during the course of transportation of gas, but rights-of-way as used in this subchapter does not authorize the commission to prescribe the location or routing of any pipeline facility; (8) "Production facilities" includes, without limitation, piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of natural gas or associated storage or measurement from the wellhead to a meter where the gas is transferred to a custodian other than the well operator for gathering or transport, commonly known as a "custodial transfer meter"; (9) "Production process" means the extraction of gas from the geological source of supply to the surface of the earth, thence through the lines and equipment used to treat, compress, and measure the gas between the wellhead and the meter where it is either sold or delivered to a custodian other than the well operator for gathering and transport to a place of sale, sometimes called a "custodial transfer meter"; and (10) (A) "Transportation of gas" means the gathering, transmission, or distribution of gas by pipeline or the storage of gas in or through any pipeline facilities other than interstate transmission facilities as defined in this section. (B) "Transportation of gas" shall not include production facilities or the production process. (C) "Transportation of gas" shall include the gathering, transmission, or distribution of natural gas containing one hundred (100) or more parts per million of hydrogen sulfide from the custodial transfer meter through any pipeline, rural or nonrural, to and through any pipeline facility that removes hydrogen sulfide, except that portion of such a pipeline or pipeline facility that is located within the fenced boundary of a petroleum refinery. Acts 1971, No. 285, § 2; A.S.A. 1947, § 73-1909; Acts 1991, No. 793, § 2; 1999, No. 1048, § 1; 2001, No. 153, § 1; 2009, No. 452, § 2.

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

(1) "Commission" means the Arkansas Public Service Commission;

(2) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive;

(3) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. §§ 717 - 717z ;

(4) "Municipality" means a city, county, or any other political subdivision of a state;

(5) "Person" means an individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof;

(6) "Petroleum refinery" means an industrial or manufacturing facility or plant primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through the processing of petroleum crude oil that is subject to: (A) The United States Environmental Protection Agency Standards of Performance for New Stationary Sources set forth in 40 C.F.R. Part 60, Subpart GGG or successor regulations; (B) The United States Environmental Protection Agency chemical accident prevention provisions set forth in 40 C.F.R. Part 68, Subparts A, B, D, E, F, G, and H or successor regulations; and (C) The United States Occupational Safety and Health Administration regulations governing process safety management of highly hazardous chemicals set forth in 29 C.F.R. § 1910.119 or successor regulations;

(A) The United States Environmental Protection Agency Standards of Performance for New Stationary Sources set forth in 40 C.F.R. Part 60, Subpart GGG or successor regulations;

(B) The United States Environmental Protection Agency chemical accident prevention provisions set forth in 40 C.F.R. Part 68, Subparts A, B, D, E, F, G, and H or successor regulations; and

(C) The United States Occupational Safety and Health Administration regulations governing process safety management of highly hazardous chemicals set forth in 29 C.F.R. § 1910.119 or successor regulations;

(7) "Pipeline facilities" includes, without limitation, pipe, pipe rights-of-way, and any equipment facility or building used in the transportation of gas or the treatment of gas during the course of transportation of gas, but rights-of-way as used in this subchapter does not authorize the commission to prescribe the location or routing of any pipeline facility;

(8) "Production facilities" includes, without limitation, piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of natural gas or associated storage or measurement from the wellhead to a meter where the gas is transferred to a custodian other than the well operator for gathering or transport, commonly known as a "custodial transfer meter";

(9) "Production process" means the extraction of gas from the geological source of supply to the surface of the earth, thence through the lines and equipment used to treat, compress, and measure the gas between the wellhead and the meter where it is either sold or delivered to a custodian other than the well operator for gathering and transport to a place of sale, sometimes called a "custodial transfer meter"; and

(10) (A) "Transportation of gas" means the gathering, transmission, or distribution of gas by pipeline or the storage of gas in or through any pipeline facilities other than interstate transmission facilities as defined in this section. (B) "Transportation of gas" shall not include production facilities or the production process. (C) "Transportation of gas" shall include the gathering, transmission, or distribution of natural gas containing one hundred (100) or more parts per million of hydrogen sulfide from the custodial transfer meter through any pipeline, rural or nonrural, to and through any pipeline facility that removes hydrogen sulfide, except that portion of such a pipeline or pipeline facility that is located within the fenced boundary of a petroleum refinery.

(A) "Transportation of gas" means the gathering, transmission, or distribution of gas by pipeline or the storage of gas in or through any pipeline facilities other than interstate transmission facilities as defined in this section.

(B) "Transportation of gas" shall not include production facilities or the production process.

(C) "Transportation of gas" shall include the gathering, transmission, or distribution of natural gas containing one hundred (100) or more parts per million of hydrogen sulfide from the custodial transfer meter through any pipeline, rural or nonrural, to and through any pipeline facility that removes hydrogen sulfide, except that portion of such a pipeline or pipeline facility that is located within the fenced boundary of a petroleum refinery.

Acts 1971, No. 285, § 2; A.S.A. 1947, § 73-1909; Acts 1991, No. 793, § 2; 1999, No. 1048, § 1; 2001, No. 153, § 1; 2009, No. 452, § 2.
Ark. Code Ann. § 23-61-1110 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1110
Burial associations
Status: in_force

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may: (1) Grant certificates of authority to burial associations; (2) Revoke certificates of authority, charters, or other authority granted to burial associations in this state; (3) Fix the minimum assessments or minimum membership dues for which burial associations may issue certificates for benefits in specified amounts; (4) Supervise the affairs of all burial associations organized or operating in this state; (5) Conduct hearings as provided in this subchapter and collect, receive, hold, and expend annual license fees under this subchapter and § 23-78-101 et seq.; (6) Adopt and enforce such rules as the board deems necessary and expedient for the proper operation of the burial association and the carrying out of the objects and purposes of this subchapter; (7) Establish actuarial rates and reserve requirements necessary to ensure the financial integrity of all burial associations; (8) Approve requests from burial associations that have excess financial resources, as determined by the board, to adopt a plan to pay death benefits in excess of the face value of a certificate of benefits issued by the burial association to members of the burial association; and (9) Approve or disapprove an application for the dissolution, merger, or reorganization of a burial association organized and operating in this state. (b) The board may determine issues between different burial associations and between burial associations and their respective members, and render binding decisions, subject to appeal. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may: (1) Grant certificates of authority to burial associations; (2) Revoke certificates of authority, charters, or other authority granted to burial associations in this state; (3) Fix the minimum assessments or minimum membership dues for which burial associations may issue certificates for benefits in specified amounts; (4) Supervise the affairs of all burial associations organized or operating in this state; (5) Conduct hearings as provided in this subchapter and collect, receive, hold, and expend annual license fees under this subchapter and § 23-78-101 et seq.; (6) Adopt and enforce such rules as the board deems necessary and expedient for the proper operation of the burial association and the carrying out of the objects and purposes of this subchapter; (7) Establish actuarial rates and reserve requirements necessary to ensure the financial integrity of all burial associations; (8) Approve requests from burial associations that have excess financial resources, as determined by the board, to adopt a plan to pay death benefits in excess of the face value of a certificate of benefits issued by the burial association to members of the burial association; and (9) Approve or disapprove an application for the dissolution, merger, or reorganization of a burial association organized and operating in this state.

(1) Grant certificates of authority to burial associations;

(2) Revoke certificates of authority, charters, or other authority granted to burial associations in this state;

(3) Fix the minimum assessments or minimum membership dues for which burial associations may issue certificates for benefits in specified amounts;

(4) Supervise the affairs of all burial associations organized or operating in this state;

(5) Conduct hearings as provided in this subchapter and collect, receive, hold, and expend annual license fees under this subchapter and § 23-78-101 et seq.;

(6) Adopt and enforce such rules as the board deems necessary and expedient for the proper operation of the burial association and the carrying out of the objects and purposes of this subchapter;

(7) Establish actuarial rates and reserve requirements necessary to ensure the financial integrity of all burial associations;

(8) Approve requests from burial associations that have excess financial resources, as determined by the board, to adopt a plan to pay death benefits in excess of the face value of a certificate of benefits issued by the burial association to members of the burial association; and

(9) Approve or disapprove an application for the dissolution, merger, or reorganization of a burial association organized and operating in this state.

(b) The board may determine issues between different burial associations and between burial associations and their respective members, and render binding decisions, subject to appeal.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-10-212 — AR Code / Title 23 / Chapter 10 / Subchapter 2 / Section 23-10-212
Baggage - Duration of carriers' liability
Status: in_force

All persons or corporations engaged in the business of common carrier shall be responsible as common carrier for all baggage or goods checked by them as baggage for forty-eight (48) hours after the baggage or goods checked as baggage have reached their destinations. Acts 1899, No. 34, § 1, p. 41; C. & M. Dig., § 972; Pope's Dig., § 1176; A.S.A. 1947, § 73-1229.

All persons or corporations engaged in the business of common carrier shall be responsible as common carrier for all baggage or goods checked by them as baggage for forty-eight (48) hours after the baggage or goods checked as baggage have reached their destinations.

Acts 1899, No. 34, § 1, p. 41; C. & M. Dig., § 972; Pope's Dig., § 1176; A.S.A. 1947, § 73-1229.
Ark. Code Ann. § 23-75-112 — AR Code / Title 23 / Chapter 75 / Section 23-75-112
Directors
Status: in_force

The directors of a corporation shall at all times include representatives of: (1) Administrators or trustees of hospitals which have contracted with the corporation to render hospital service to subscribers, if the corporation is a hospital service corporation or a hospital and medical service corporation; (2) Physicians and surgeons licensed to practice in this state who have contracted with the corporation to render medical service to subscribers, if the corporation is a medical service corporation or a hospital and medical service corporation; and (3) The general public, exclusive of hospital representatives and physicians. Acts 1959, No. 148, § 679; A.S.A. 1947, § 66-4909.

The directors of a corporation shall at all times include representatives of:

(1) Administrators or trustees of hospitals which have contracted with the corporation to render hospital service to subscribers, if the corporation is a hospital service corporation or a hospital and medical service corporation;

(2) Physicians and surgeons licensed to practice in this state who have contracted with the corporation to render medical service to subscribers, if the corporation is a medical service corporation or a hospital and medical service corporation; and

(3) The general public, exclusive of hospital representatives and physicians.

Acts 1959, No. 148, § 679; A.S.A. 1947, § 66-4909.
Ark. Code Ann. § 23-45-106 — AR Code / Title 23 / Chapter 45 / Section 23-45-106
Rules of construction
Status: in_force

(a) (1) Unless otherwise specifically indicated, and to the fullest extent permitted by the Arkansas Constitution, any reference in the Arkansas Banking Code of 1997 to an existing state or federal statute or regulation shall mean to the statute or regulation as it has been or may in the future be amended or supplemented. (2) If in any case the construction is not constitutionally permissible, the reference shall mean to the statute or regulation as it existed on May 31, 1997. (b) Unless the context otherwise requires: (1) Any reference in the Arkansas Banking Code of 1997 to "applicable law", "existing law", or similar references, shall encompass the laws of the executive, legislative, and judicial branches of the appropriate jurisdiction; (2) Any reference in the Arkansas Banking Code of 1997 to the discretion of the Bank Commissioner shall mean the sole, uncontrolled discretion of the commissioner; and (3) Any reference in the Arkansas Banking Code of 1997 to the Federal Deposit Insurance Corporation shall also reference any successor thereof. Acts 1997, No. 89, § 1.

(a) (1) Unless otherwise specifically indicated, and to the fullest extent permitted by the Arkansas Constitution, any reference in the Arkansas Banking Code of 1997 to an existing state or federal statute or regulation shall mean to the statute or regulation as it has been or may in the future be amended or supplemented. (2) If in any case the construction is not constitutionally permissible, the reference shall mean to the statute or regulation as it existed on May 31, 1997.

(1) Unless otherwise specifically indicated, and to the fullest extent permitted by the Arkansas Constitution, any reference in the Arkansas Banking Code of 1997 to an existing state or federal statute or regulation shall mean to the statute or regulation as it has been or may in the future be amended or supplemented.

(2) If in any case the construction is not constitutionally permissible, the reference shall mean to the statute or regulation as it existed on May 31, 1997.

(b) Unless the context otherwise requires: (1) Any reference in the Arkansas Banking Code of 1997 to "applicable law", "existing law", or similar references, shall encompass the laws of the executive, legislative, and judicial branches of the appropriate jurisdiction; (2) Any reference in the Arkansas Banking Code of 1997 to the discretion of the Bank Commissioner shall mean the sole, uncontrolled discretion of the commissioner; and (3) Any reference in the Arkansas Banking Code of 1997 to the Federal Deposit Insurance Corporation shall also reference any successor thereof.

(1) Any reference in the Arkansas Banking Code of 1997 to "applicable law", "existing law", or similar references, shall encompass the laws of the executive, legislative, and judicial branches of the appropriate jurisdiction;

(2) Any reference in the Arkansas Banking Code of 1997 to the discretion of the Bank Commissioner shall mean the sole, uncontrolled discretion of the commissioner; and

(3) Any reference in the Arkansas Banking Code of 1997 to the Federal Deposit Insurance Corporation shall also reference any successor thereof.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-79-102 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-102
Scope
Status: in_force

Sections 23-79-101 , 23-79-103 - 23-79-107 , 23-79-109 - 23-79-128 , 23-79-131 - 23-79-134 , 23-79-162 , and 23-79-202 - 23-79-210 do not apply to: (1) Reinsurance; (2) (A) Policies or contracts not issued for delivery in this state nor delivered in this state, except: (i) On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and (ii) Pursuant to § 23-79-109(e) . (B) Subdivision (2)(A) of this section does not apply to group insurance certificates issued under group insurance policies carried out and delivered outside this state but covering a person that is a resident in this state; (3) Wet marine and foreign trade insurance; and (4) Title insurance, except that the following apply to this line: (A) Section 23-79-101(2) , §§ 23-79-109 - 23-79-111 , 23-79-113 , 23-79-116 , 23-79-118 , 23-79-119 , and 23-79-202 - 23-79-205 ; and (B) Section 23-79-121 , provided that the insurer may authorize or require its title agents to provide the policy to the insured. Amended by Act 2019, No. 689,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 231,§ 5, eff. 7/22/2015. Amended by Act 2013, No. 355,§ 12, eff. 8/16/2013. Acts 1959, No. 148, § 268; 1979, No. 691, § 1; A.S.A. 1947, § 66-3201; Acts 2001, No. 1604, § 79; 2007, No. 684, § 5.

Sections 23-79-101 , 23-79-103 - 23-79-107 , 23-79-109 - 23-79-128 , 23-79-131 - 23-79-134 , 23-79-162 , and 23-79-202 - 23-79-210 do not apply to:

(1) Reinsurance;

(2) (A) Policies or contracts not issued for delivery in this state nor delivered in this state, except: (i) On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and (ii) Pursuant to § 23-79-109(e) . (B) Subdivision (2)(A) of this section does not apply to group insurance certificates issued under group insurance policies carried out and delivered outside this state but covering a person that is a resident in this state;

(A) Policies or contracts not issued for delivery in this state nor delivered in this state, except: (i) On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and (ii) Pursuant to § 23-79-109(e) .

(i) On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and

(ii) Pursuant to § 23-79-109(e) .

(B) Subdivision (2)(A) of this section does not apply to group insurance certificates issued under group insurance policies carried out and delivered outside this state but covering a person that is a resident in this state;

(3) Wet marine and foreign trade insurance; and

(4) Title insurance, except that the following apply to this line: (A) Section 23-79-101(2) , §§ 23-79-109 - 23-79-111 , 23-79-113 , 23-79-116 , 23-79-118 , 23-79-119 , and 23-79-202 - 23-79-205 ; and (B) Section 23-79-121 , provided that the insurer may authorize or require its title agents to provide the policy to the insured.

(A) Section 23-79-101(2) , §§ 23-79-109 - 23-79-111 , 23-79-113 , 23-79-116 , 23-79-118 , 23-79-119 , and 23-79-202 - 23-79-205 ; and

(B) Section 23-79-121 , provided that the insurer may authorize or require its title agents to provide the policy to the insured.

Amended by Act 2019, No. 689,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 231,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 355,§ 12, eff. 8/16/2013.

Acts 1959, No. 148, § 268; 1979, No. 691, § 1; A.S.A. 1947, § 66-3201; Acts 2001, No. 1604, § 79; 2007, No. 684, § 5.
Ark. Code Ann. § 23-68-128 — AR Code / Title 23 / Chapter 68 / Section 23-68-128
Allowance of certain claims
Status: in_force

(a) No contingent and unliquidated claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to this chapter, except that the claim shall be considered, if properly presented, and may be allowed to share when: (1) The claim becomes absolute against the insurer on or before the last day for filing claims against the assets of the insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon the basis that the insurer is solvent. (b) When an insurer has been so adjudicated to be insolvent, any person who has a cause of action against an insured of the insurer under a liability insurance policy issued by the insurer shall have the right to file a claim in the liquidation proceeding, regardless of the fact that the claim may be contingent, and the claim may be allowed if: (1) It may be reasonably inferred from the proof presented upon the claim that the person would be able to obtain a judgment upon the cause of action against the insured; (2) The person shall furnish suitable proof, unless the court for good cause shown shall otherwise direct, that no further valid claim against the insurer arising out of his or her cause of action other than those already presented can be made; and (3) If the total liability of the insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation. (c) No judgment against an insured taken after the date of entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability, or of the amount of damages, and no judgment against an insured taken by default, or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceedings, either of the liability of the insured to the person upon the cause of action or of the amount of damages to which the person is therein entitled. (d) No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for determining rights and liabilities as provided in § 23-68-124 unless the claimant shall surrender his or her security to the commissioner, in which event the claim shall be allowed in the full amount for which it is valued. (e) (1) Nothing in this chapter shall be construed to authorize the receiver, liquidator, or any other entity to compel payment from a reinsurer on the basis of estimated incurred but not reported losses or outstanding reserves. (2) Notwithstanding any provision of this chapter to the contrary, the receiver or liquidator may negotiate a voluntary commutation and release of all obligations arising from reinsurance contracts or other agreements. Acts 1959, No. 148, § 666; A.S.A. 1947, § 66-4829; Acts 2005, No. 506, § 33.

(a) No contingent and unliquidated claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to this chapter, except that the claim shall be considered, if properly presented, and may be allowed to share when: (1) The claim becomes absolute against the insurer on or before the last day for filing claims against the assets of the insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon the basis that the insurer is solvent.

(1) The claim becomes absolute against the insurer on or before the last day for filing claims against the assets of the insurer; or

(2) There is a surplus and the liquidation is thereafter conducted upon the basis that the insurer is solvent.

(b) When an insurer has been so adjudicated to be insolvent, any person who has a cause of action against an insured of the insurer under a liability insurance policy issued by the insurer shall have the right to file a claim in the liquidation proceeding, regardless of the fact that the claim may be contingent, and the claim may be allowed if: (1) It may be reasonably inferred from the proof presented upon the claim that the person would be able to obtain a judgment upon the cause of action against the insured; (2) The person shall furnish suitable proof, unless the court for good cause shown shall otherwise direct, that no further valid claim against the insurer arising out of his or her cause of action other than those already presented can be made; and (3) If the total liability of the insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation.

(1) It may be reasonably inferred from the proof presented upon the claim that the person would be able to obtain a judgment upon the cause of action against the insured;

(2) The person shall furnish suitable proof, unless the court for good cause shown shall otherwise direct, that no further valid claim against the insurer arising out of his or her cause of action other than those already presented can be made; and

(3) If the total liability of the insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation.

(c) No judgment against an insured taken after the date of entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability, or of the amount of damages, and no judgment against an insured taken by default, or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceedings, either of the liability of the insured to the person upon the cause of action or of the amount of damages to which the person is therein entitled.

(d) No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for determining rights and liabilities as provided in § 23-68-124 unless the claimant shall surrender his or her security to the commissioner, in which event the claim shall be allowed in the full amount for which it is valued.

(e) (1) Nothing in this chapter shall be construed to authorize the receiver, liquidator, or any other entity to compel payment from a reinsurer on the basis of estimated incurred but not reported losses or outstanding reserves. (2) Notwithstanding any provision of this chapter to the contrary, the receiver or liquidator may negotiate a voluntary commutation and release of all obligations arising from reinsurance contracts or other agreements.

(1) Nothing in this chapter shall be construed to authorize the receiver, liquidator, or any other entity to compel payment from a reinsurer on the basis of estimated incurred but not reported losses or outstanding reserves.

(2) Notwithstanding any provision of this chapter to the contrary, the receiver or liquidator may negotiate a voluntary commutation and release of all obligations arising from reinsurance contracts or other agreements.

Acts 1959, No. 148, § 666; A.S.A. 1947, § 66-4829; Acts 2005, No. 506, § 33.
Ark. Code Ann. § 23-88-102 — AR Code / Title 23 / Chapter 88 / Subchapter 1 / Section 23-88-102
Paying costs of volunteer fire department services
Status: in_force

(a) The amount charged by a volunteer fire department for the cost of its services in responding to a fire on or an emergency call concerning the property of a nonmember within its district shall not exceed an amount equal to the fair market value of the service rendered, except that a claim for services in responding to a fire involving only personal property shall be allowed only for personal property of nonmembers, and the claimed amount shall not exceed five hundred dollars ($500). (b) (1) When a volunteer fire department responds to a fire occurring or responds to a 911 or other fire emergency call within its district and the property that is the subject of the alarm is owned by a nonmember and insured in case of any damage resulting from a fire, the insurance company insuring the property against loss shall pay to the volunteer fire department the fair market value of its services from the insurance proceeds. (2) Notice to both the insurance company and to the insured nonmember by the volunteer fire department for its costs of services shall be by certified mail within thirty (30) days after the date of the services rendered. (c) (1) (A) In the event a nonmember desires to contest an assessment, the nonmember may notify the fire department board of his or her objection to the assessment, and the fire department board shall file a civil suit in the nearest district court within ten (10) days asking for the amount claimed by the fire department. (B) The district court shall give a hearing on the matter within ten (10) days to determine if the amount claimed is fair compensation for the services rendered. (2) If the amount of the assessment is contested in district court, the fire department shall immediately notify the insurer of the nonmember's property by certified mail, and the insurer shall upon notification pay into the registry of the court an amount equal to the assessment made by the volunteer fire department for fire services. (d) The insurer shall not be liable for any amount of money that exceeds the face amount of the policy unless the provisions of the policy provide otherwise. Acts 1987, No. 836, § 2; 1991, No. 984, §§ 1, 2; 1997, No. 1150, § 5; 2007, No. 581, § 2.

(a) The amount charged by a volunteer fire department for the cost of its services in responding to a fire on or an emergency call concerning the property of a nonmember within its district shall not exceed an amount equal to the fair market value of the service rendered, except that a claim for services in responding to a fire involving only personal property shall be allowed only for personal property of nonmembers, and the claimed amount shall not exceed five hundred dollars ($500).

(b) (1) When a volunteer fire department responds to a fire occurring or responds to a 911 or other fire emergency call within its district and the property that is the subject of the alarm is owned by a nonmember and insured in case of any damage resulting from a fire, the insurance company insuring the property against loss shall pay to the volunteer fire department the fair market value of its services from the insurance proceeds. (2) Notice to both the insurance company and to the insured nonmember by the volunteer fire department for its costs of services shall be by certified mail within thirty (30) days after the date of the services rendered.

(1) When a volunteer fire department responds to a fire occurring or responds to a 911 or other fire emergency call within its district and the property that is the subject of the alarm is owned by a nonmember and insured in case of any damage resulting from a fire, the insurance company insuring the property against loss shall pay to the volunteer fire department the fair market value of its services from the insurance proceeds.

(2) Notice to both the insurance company and to the insured nonmember by the volunteer fire department for its costs of services shall be by certified mail within thirty (30) days after the date of the services rendered.

(c) (1) (A) In the event a nonmember desires to contest an assessment, the nonmember may notify the fire department board of his or her objection to the assessment, and the fire department board shall file a civil suit in the nearest district court within ten (10) days asking for the amount claimed by the fire department. (B) The district court shall give a hearing on the matter within ten (10) days to determine if the amount claimed is fair compensation for the services rendered. (2) If the amount of the assessment is contested in district court, the fire department shall immediately notify the insurer of the nonmember's property by certified mail, and the insurer shall upon notification pay into the registry of the court an amount equal to the assessment made by the volunteer fire department for fire services.

(1) (A) In the event a nonmember desires to contest an assessment, the nonmember may notify the fire department board of his or her objection to the assessment, and the fire department board shall file a civil suit in the nearest district court within ten (10) days asking for the amount claimed by the fire department. (B) The district court shall give a hearing on the matter within ten (10) days to determine if the amount claimed is fair compensation for the services rendered.

(A) In the event a nonmember desires to contest an assessment, the nonmember may notify the fire department board of his or her objection to the assessment, and the fire department board shall file a civil suit in the nearest district court within ten (10) days asking for the amount claimed by the fire department.

(B) The district court shall give a hearing on the matter within ten (10) days to determine if the amount claimed is fair compensation for the services rendered.

(2) If the amount of the assessment is contested in district court, the fire department shall immediately notify the insurer of the nonmember's property by certified mail, and the insurer shall upon notification pay into the registry of the court an amount equal to the assessment made by the volunteer fire department for fire services.

(d) The insurer shall not be liable for any amount of money that exceeds the face amount of the policy unless the provisions of the policy provide otherwise.

Acts 1987, No. 836, § 2; 1991, No. 984, §§ 1, 2; 1997, No. 1150, § 5; 2007, No. 581, § 2.
Ark. Code Ann. § 23-64-602 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-602
[See Note] Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means a person who has applied to become licensed under this subchapter as a navigator, guide, certified application counselor, or certified licensed producer; (2) "Certified application counselor" means a person who is licensed under this subchapter to assist in enrolling consumers in a variety of marketplace-designated organizations settings, including without limitation a healthcare facility, but is not compensated by federal marketplace funds; (3) "Certified licensed producer" means a person who is: (A) Licensed as an insurance producer as defined in § 23-64-502 ; (B) Certified under this subchapter to: (i) Educate consumers about health insurance marketplaces, Medicaid, tax credits, and other cost-sharing reductions; and (ii) Assist consumers with enrollment in a health insurance marketplace; (C) Eligible to receive commissions from health insurers; and (D) Not compensated under the federal act, federal regulations, or any guidance issued under the federal act or federal regulations; (4) "Consumer" means an individual, family, or small business located in this state; (5) "Enrollment" means enrolling in a qualified health plan offered through a health insurance marketplace; (6) "Federal act" means the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments to or regulations or guidance issued under those statutes existing on the effective date of this act; (7) "Guide" means a person who is licensed under this subchapter to provide in-person assistance and services as stated in 45 C.F.R. § 155.210 ; (8) (A) "Health benefit plan" means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. (B) "Health benefit plan" does not include: (i) Coverage only for accident or disability income insurance, or both; (ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including without limitation general liability insurance and automobile liability insurance; (iv) Workers' compensation or similar insurance; (v) Automobile medical payment insurance; (vi) Credit-only insurance; (vii) Coverage for on-site medical clinics; or (viii) Other similar insurance coverage, specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits. (C) "Health benefit plan" does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan: (i) Limited scope dental or vision benefits; (ii) Benefits for long-term care, nursing home care, home health care, community-based care, or a combination of these; or (iii) Other similar limited benefits specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act. (D) "Health benefit plan" does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor: (i) Coverage only for a specified disease or illness; or (ii) Hospital indemnity or other fixed indemnity insurance. (E) "Health benefit plan" does not include the following if offered as a separate policy, certificate, or contract of insurance: (i) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, Pub. L. No. 74-271, as existing on the effective date of this act; (ii) Coverage supplemental to the coverage provided to military personnel and their dependents under Chapter 55 of Title 10 of the United States Code and the Civilian Health and Medical Program of the Uniformed Services, 32 C.F.R. Part 199 ; or (iii) Similar supplemental coverage provided to coverage under a group health plan; (9) "Health insurance" means insurance that is primarily for the diagnosis, cure, mitigation, treatment, or prevention of disease or amounts paid for the purpose of affecting any structure of the body, including transportation that is essential to obtaining health insurance, but excluding: (A) Coverage only for accident or disability income insurance, or any combination thereof; (B) Coverage issued as a supplement to liability insurance; (C) Liability insurance, including general liability insurance and automobile liability insurance; (D) Workers' compensation or similar insurance; (E) Automobile medical payment insurance; (F) Credit-only insurance; (G) Coverage for on-site medical clinics; (H) Coverage only for limited scope vision benefits; (I) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; (J) Coverage for specified disease or critical illness; (K) Hospital indemnity or other fixed indemnity insurance; (L) Medicare supplement policies; (M) Medicare, Medicaid, or the Federal Employees Health Benefits Program, 5 U.S.C. §§ 8901 - 8914 , as it existed on January 1, 2013; (N) Coverage only for medical and surgical outpatient benefits; (O) Excess or stop-loss insurance; and (P) Other similar insurance coverage: (i) Under which benefits for health insurance are secondary or incidental to other insurance benefits; or (ii) Specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits; (10) "Health insurance marketplace" means the vehicle created to help consumers in this state shop for and select health insurance coverage in a way that permits comparison of available qualified health plans based on price, benefits, services, and quality, regardless of its governance structure; (11) "Health insurer" means an entity that provides health insurance or a health benefit plan in this state, including without limitation an insurance company, medical services plan, hospital plan, hospital medical service corporation, health maintenance organization, fraternal benefits society, or any other entity providing a plan of health insurance or health benefits in this state, and is subject to state insurance regulation; (12) "License" means a document issued by the Insurance Commissioner authorizing a person to act as a navigator, guide, certified application counselor, or certified licensed producer; (13) "Licensee" means a navigator, guide, certified application counselor, or certified licensed producer who is licensed under this subchapter; (14) "Navigator" means a person authorized under the federal act to assist consumers to shop for and select health insurance offered through a health insurance marketplace, including providing information to a consumer on a health benefit plan or coverage offered through a health insurance marketplace, or facilitates enrollment in a health insurance marketplace; (15) "Non-navigator assistance personnel" means a person authorized under the federal act to assist consumers to enroll and understand the health insurance offered through a health insurance marketplace; (16) "Person" means an individual, company, firm, organization, association, corporation, government entity, nongovernmental entity, or any other type of legal entity; and (17) "Qualified health plan" means a health benefit plan that has in effect a certification that the plan meets the criteria for certification described in section 1311(c) of the federal act. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

As used in this subchapter:

(1) "Applicant" means a person who has applied to become licensed under this subchapter as a navigator, guide, certified application counselor, or certified licensed producer;

(2) "Certified application counselor" means a person who is licensed under this subchapter to assist in enrolling consumers in a variety of marketplace-designated organizations settings, including without limitation a healthcare facility, but is not compensated by federal marketplace funds;

(3) "Certified licensed producer" means a person who is: (A) Licensed as an insurance producer as defined in § 23-64-502 ; (B) Certified under this subchapter to: (i) Educate consumers about health insurance marketplaces, Medicaid, tax credits, and other cost-sharing reductions; and (ii) Assist consumers with enrollment in a health insurance marketplace; (C) Eligible to receive commissions from health insurers; and (D) Not compensated under the federal act, federal regulations, or any guidance issued under the federal act or federal regulations;

(A) Licensed as an insurance producer as defined in § 23-64-502 ;

(B) Certified under this subchapter to: (i) Educate consumers about health insurance marketplaces, Medicaid, tax credits, and other cost-sharing reductions; and (ii) Assist consumers with enrollment in a health insurance marketplace;

(i) Educate consumers about health insurance marketplaces, Medicaid, tax credits, and other cost-sharing reductions; and

(ii) Assist consumers with enrollment in a health insurance marketplace;

(C) Eligible to receive commissions from health insurers; and

(D) Not compensated under the federal act, federal regulations, or any guidance issued under the federal act or federal regulations;

(4) "Consumer" means an individual, family, or small business located in this state;

(5) "Enrollment" means enrolling in a qualified health plan offered through a health insurance marketplace;

(6) "Federal act" means the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments to or regulations or guidance issued under those statutes existing on the effective date of this act;

(7) "Guide" means a person who is licensed under this subchapter to provide in-person assistance and services as stated in 45 C.F.R. § 155.210 ;

(8) (A) "Health benefit plan" means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. (B) "Health benefit plan" does not include: (i) Coverage only for accident or disability income insurance, or both; (ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including without limitation general liability insurance and automobile liability insurance; (iv) Workers' compensation or similar insurance; (v) Automobile medical payment insurance; (vi) Credit-only insurance; (vii) Coverage for on-site medical clinics; or (viii) Other similar insurance coverage, specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits. (C) "Health benefit plan" does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan: (i) Limited scope dental or vision benefits; (ii) Benefits for long-term care, nursing home care, home health care, community-based care, or a combination of these; or (iii) Other similar limited benefits specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act. (D) "Health benefit plan" does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor: (i) Coverage only for a specified disease or illness; or (ii) Hospital indemnity or other fixed indemnity insurance. (E) "Health benefit plan" does not include the following if offered as a separate policy, certificate, or contract of insurance: (i) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, Pub. L. No. 74-271, as existing on the effective date of this act; (ii) Coverage supplemental to the coverage provided to military personnel and their dependents under Chapter 55 of Title 10 of the United States Code and the Civilian Health and Medical Program of the Uniformed Services, 32 C.F.R. Part 199 ; or (iii) Similar supplemental coverage provided to coverage under a group health plan;

(A) "Health benefit plan" means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services.

(B) "Health benefit plan" does not include: (i) Coverage only for accident or disability income insurance, or both; (ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including without limitation general liability insurance and automobile liability insurance; (iv) Workers' compensation or similar insurance; (v) Automobile medical payment insurance; (vi) Credit-only insurance; (vii) Coverage for on-site medical clinics; or (viii) Other similar insurance coverage, specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits.

(i) Coverage only for accident or disability income insurance, or both;

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

(iii) Liability insurance, including without limitation general liability insurance and automobile liability insurance;

(iv) Workers' compensation or similar insurance;

(v) Automobile medical payment insurance;

(vi) Credit-only insurance;

(vii) Coverage for on-site medical clinics; or

(viii) Other similar insurance coverage, specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits.

(C) "Health benefit plan" does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan: (i) Limited scope dental or vision benefits; (ii) Benefits for long-term care, nursing home care, home health care, community-based care, or a combination of these; or (iii) Other similar limited benefits specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act.

(i) Limited scope dental or vision benefits;

(ii) Benefits for long-term care, nursing home care, home health care, community-based care, or a combination of these; or

(iii) Other similar limited benefits specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act.

(D) "Health benefit plan" does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor: (i) Coverage only for a specified disease or illness; or (ii) Hospital indemnity or other fixed indemnity insurance.

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

(ii) Hospital indemnity or other fixed indemnity insurance.

(E) "Health benefit plan" does not include the following if offered as a separate policy, certificate, or contract of insurance: (i) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, Pub. L. No. 74-271, as existing on the effective date of this act; (ii) Coverage supplemental to the coverage provided to military personnel and their dependents under Chapter 55 of Title 10 of the United States Code and the Civilian Health and Medical Program of the Uniformed Services, 32 C.F.R. Part 199 ; or (iii) Similar supplemental coverage provided to coverage under a group health plan;

(i) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, Pub. L. No. 74-271, as existing on the effective date of this act;

(ii) Coverage supplemental to the coverage provided to military personnel and their dependents under Chapter 55 of Title 10 of the United States Code and the Civilian Health and Medical Program of the Uniformed Services, 32 C.F.R. Part 199 ; or

(iii) Similar supplemental coverage provided to coverage under a group health plan;

(9) "Health insurance" means insurance that is primarily for the diagnosis, cure, mitigation, treatment, or prevention of disease or amounts paid for the purpose of affecting any structure of the body, including transportation that is essential to obtaining health insurance, but excluding: (A) Coverage only for accident or disability income insurance, or any combination thereof; (B) Coverage issued as a supplement to liability insurance; (C) Liability insurance, including general liability insurance and automobile liability insurance; (D) Workers' compensation or similar insurance; (E) Automobile medical payment insurance; (F) Credit-only insurance; (G) Coverage for on-site medical clinics; (H) Coverage only for limited scope vision benefits; (I) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; (J) Coverage for specified disease or critical illness; (K) Hospital indemnity or other fixed indemnity insurance; (L) Medicare supplement policies; (M) Medicare, Medicaid, or the Federal Employees Health Benefits Program, 5 U.S.C. §§ 8901 - 8914 , as it existed on January 1, 2013; (N) Coverage only for medical and surgical outpatient benefits; (O) Excess or stop-loss insurance; and (P) Other similar insurance coverage: (i) Under which benefits for health insurance are secondary or incidental to other insurance benefits; or (ii) Specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits;

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

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

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

(D) Workers' compensation or similar insurance;

(E) Automobile medical payment insurance;

(F) Credit-only insurance;

(G) Coverage for on-site medical clinics;

(H) Coverage only for limited scope vision benefits;

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

(J) Coverage for specified disease or critical illness;

(K) Hospital indemnity or other fixed indemnity insurance;

(L) Medicare supplement policies;

(M) Medicare, Medicaid, or the Federal Employees Health Benefits Program, 5 U.S.C. §§ 8901 - 8914 , as it existed on January 1, 2013;

(N) Coverage only for medical and surgical outpatient benefits;

(O) Excess or stop-loss insurance; and

(P) Other similar insurance coverage: (i) Under which benefits for health insurance are secondary or incidental to other insurance benefits; or (ii) Specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits;

(i) Under which benefits for health insurance are secondary or incidental to other insurance benefits; or

(ii) Specified in federal regulations issued under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, and existing on the effective date of this act, under which benefits for healthcare services are secondary or incidental to other insurance benefits;

(10) "Health insurance marketplace" means the vehicle created to help consumers in this state shop for and select health insurance coverage in a way that permits comparison of available qualified health plans based on price, benefits, services, and quality, regardless of its governance structure;

(11) "Health insurer" means an entity that provides health insurance or a health benefit plan in this state, including without limitation an insurance company, medical services plan, hospital plan, hospital medical service corporation, health maintenance organization, fraternal benefits society, or any other entity providing a plan of health insurance or health benefits in this state, and is subject to state insurance regulation;

(12) "License" means a document issued by the Insurance Commissioner authorizing a person to act as a navigator, guide, certified application counselor, or certified licensed producer;

(13) "Licensee" means a navigator, guide, certified application counselor, or certified licensed producer who is licensed under this subchapter;

(14) "Navigator" means a person authorized under the federal act to assist consumers to shop for and select health insurance offered through a health insurance marketplace, including providing information to a consumer on a health benefit plan or coverage offered through a health insurance marketplace, or facilitates enrollment in a health insurance marketplace;

(15) "Non-navigator assistance personnel" means a person authorized under the federal act to assist consumers to enroll and understand the health insurance offered through a health insurance marketplace;

(16) "Person" means an individual, company, firm, organization, association, corporation, government entity, nongovernmental entity, or any other type of legal entity; and

(17) "Qualified health plan" means a health benefit plan that has in effect a certification that the plan meets the criteria for certification described in section 1311(c) of the federal act.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-115-403 — AR Code / Title 23 / Chapter 115 / Subchapter 4 / Section 23-115-403
Attachments, garnishments, or executions withheld from lottery prizes - Validity of tickets or shares - Lottery prize restrictions - Unclaimed lottery prizes
Status: in_force

(a) Proceeds of a lottery prize are subject to Arkansas state income tax. (b) (1) Except as otherwise provided in this chapter, attachments, garnishments, or executions served upon the Office of the Arkansas Lottery that are authorized and issued under Arkansas law shall be honored if timely served upon the office. (2) Subdivision (b)(1) of this section does not apply to a retailer. (c) (1) (A) The office shall adopt rules to establish a system of verifying the validity of tickets or shares claimed to win lottery prizes and to effect payment of lottery prizes. (B) A lottery prize, any portion of a lottery prize, or any right of any individual to a lottery prize is not assignable. (C) (i) A lottery prize or any portion of a lottery prize remaining unpaid at the death of a lottery prize winner shall be paid to the estate of the deceased lottery prize winner or to the trustee of a trust established by the deceased lottery prize winner as settlor if: (a) A copy of the trust document or instrument has been filed with the office along with a notarized letter of direction from the settlor; and (b) A written notice of revocation has not been received by the office before the settlor's death. (ii) Following a settlor's death and before any payment to a successor trustee, the office shall obtain from the trustee a written agreement to indemnify and hold the office harmless with respect to any claims that may be asserted against the office arising from payment to or through the trust. (D) Under an appropriate judicial order, an individual shall be paid the lottery prize to which a winner is entitled. (2) A lottery prize shall not be paid for a claim ticket that is: (A) Stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the office within applicable deadlines; (B) Lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery involved; or (C) Not in compliance with rules and public or confidential validation and security tests of the office appropriate to the particular lottery involved. (3) (A) A particular lottery prize in any lottery shall not be paid more than one (1) time. (B) If there is a determination that more than one (1) claimant is entitled to a particular lottery prize, the sole remedy of the claimants is the award to each of them of an equal share in the lottery prize. (4) (A) Within one hundred eighty (180) days after the drawing in which a cash lottery prize has been won, a holder of a winning cash ticket or share from an Arkansas lottery or from a multistate or multisovereign lottery shall claim the cash lottery prize. (B) (i) In an Arkansas lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within ninety (90) days after the playing of the instant game. (ii) In any multistate or multisovereign lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within one hundred eighty (180) days after the playing of the instant game. (C) If a valid claim is not made for a cash lottery prize within the applicable period, the cash lottery prize constitutes an unclaimed lottery prize for purposes of this section. (D) The office at any time may alter the time periods under subdivisions (c)(4)(A) and (B) of this section by rule. (5) If practicable, an auditor chosen by the office shall be present at a draw to determine the winners of a draw game to verify the accuracy of the results. (d) (1) A lottery prize shall not be paid upon a ticket or share purchased or sold in violation of this chapter. (2) A lottery prize described in subdivision (d)(1) of this section is an unclaimed lottery prize for purposes of this section. (e) The office is discharged of all liability upon payment of a lottery prize. (f) (1) The office shall not pay a lottery prize that exceeds the amount of five hundred dollars ($500) to any: (A) Employee of the office; or (B) Member of the immediate family of an employee of the office living in the same household as the employee. (2) If an officer, employee, agent, or subcontractor of a vendor has access to confidential information that may compromise the integrity of a lottery, a ticket or share shall not be purchased by and a lottery prize shall not be paid to: (A) The officer, employee, agent, or subcontractor of the vendor; or (B) A member of the immediate family of the officer, employee, agent, or subcontractor of the vendor. (g) (1) During a fiscal year, the office may expend up to two million five hundred thousand dollars ($2,500,000) of unclaimed lottery prize money for one (1) or more of the following: (A) Increasing the pool from which future lottery prizes are to be awarded; (B) Maintaining online game reserves at a fiscally sound level; or (C) Prize promotion. (2) On the last day of each fiscal year, the office shall deposit into the trust account for net lottery proceeds the amount of unclaimed lottery prize money existing at the end of the fiscal year less one million dollars ($1,000,000). (3) The office shall include in its monthly reports to the Legislative Council the following monthly and year-to-date amounts: (A) Unclaimed lottery prize money; (B) Expenditures from unclaimed lottery prize money; and (C) Deposits to net lottery proceeds from unclaimed lottery prize money. Amended by Act 2015, No. 1258,§ 31, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 36; 2010, No. 265, § 28; 2010, No. 294, § 28; 2011, No. 207, § 27; 2011, No. 1180, § 3.

(a) Proceeds of a lottery prize are subject to Arkansas state income tax.

(b) (1) Except as otherwise provided in this chapter, attachments, garnishments, or executions served upon the Office of the Arkansas Lottery that are authorized and issued under Arkansas law shall be honored if timely served upon the office. (2) Subdivision (b)(1) of this section does not apply to a retailer.

(1) Except as otherwise provided in this chapter, attachments, garnishments, or executions served upon the Office of the Arkansas Lottery that are authorized and issued under Arkansas law shall be honored if timely served upon the office.

(2) Subdivision (b)(1) of this section does not apply to a retailer.

(c) (1) (A) The office shall adopt rules to establish a system of verifying the validity of tickets or shares claimed to win lottery prizes and to effect payment of lottery prizes. (B) A lottery prize, any portion of a lottery prize, or any right of any individual to a lottery prize is not assignable. (C) (i) A lottery prize or any portion of a lottery prize remaining unpaid at the death of a lottery prize winner shall be paid to the estate of the deceased lottery prize winner or to the trustee of a trust established by the deceased lottery prize winner as settlor if: (a) A copy of the trust document or instrument has been filed with the office along with a notarized letter of direction from the settlor; and (b) A written notice of revocation has not been received by the office before the settlor's death. (ii) Following a settlor's death and before any payment to a successor trustee, the office shall obtain from the trustee a written agreement to indemnify and hold the office harmless with respect to any claims that may be asserted against the office arising from payment to or through the trust. (D) Under an appropriate judicial order, an individual shall be paid the lottery prize to which a winner is entitled. (2) A lottery prize shall not be paid for a claim ticket that is: (A) Stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the office within applicable deadlines; (B) Lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery involved; or (C) Not in compliance with rules and public or confidential validation and security tests of the office appropriate to the particular lottery involved. (3) (A) A particular lottery prize in any lottery shall not be paid more than one (1) time. (B) If there is a determination that more than one (1) claimant is entitled to a particular lottery prize, the sole remedy of the claimants is the award to each of them of an equal share in the lottery prize. (4) (A) Within one hundred eighty (180) days after the drawing in which a cash lottery prize has been won, a holder of a winning cash ticket or share from an Arkansas lottery or from a multistate or multisovereign lottery shall claim the cash lottery prize. (B) (i) In an Arkansas lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within ninety (90) days after the playing of the instant game. (ii) In any multistate or multisovereign lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within one hundred eighty (180) days after the playing of the instant game. (C) If a valid claim is not made for a cash lottery prize within the applicable period, the cash lottery prize constitutes an unclaimed lottery prize for purposes of this section. (D) The office at any time may alter the time periods under subdivisions (c)(4)(A) and (B) of this section by rule. (5) If practicable, an auditor chosen by the office shall be present at a draw to determine the winners of a draw game to verify the accuracy of the results.

(1) (A) The office shall adopt rules to establish a system of verifying the validity of tickets or shares claimed to win lottery prizes and to effect payment of lottery prizes. (B) A lottery prize, any portion of a lottery prize, or any right of any individual to a lottery prize is not assignable. (C) (i) A lottery prize or any portion of a lottery prize remaining unpaid at the death of a lottery prize winner shall be paid to the estate of the deceased lottery prize winner or to the trustee of a trust established by the deceased lottery prize winner as settlor if: (a) A copy of the trust document or instrument has been filed with the office along with a notarized letter of direction from the settlor; and (b) A written notice of revocation has not been received by the office before the settlor's death. (ii) Following a settlor's death and before any payment to a successor trustee, the office shall obtain from the trustee a written agreement to indemnify and hold the office harmless with respect to any claims that may be asserted against the office arising from payment to or through the trust. (D) Under an appropriate judicial order, an individual shall be paid the lottery prize to which a winner is entitled.

(A) The office shall adopt rules to establish a system of verifying the validity of tickets or shares claimed to win lottery prizes and to effect payment of lottery prizes.

(B) A lottery prize, any portion of a lottery prize, or any right of any individual to a lottery prize is not assignable.

(C) (i) A lottery prize or any portion of a lottery prize remaining unpaid at the death of a lottery prize winner shall be paid to the estate of the deceased lottery prize winner or to the trustee of a trust established by the deceased lottery prize winner as settlor if: (a) A copy of the trust document or instrument has been filed with the office along with a notarized letter of direction from the settlor; and (b) A written notice of revocation has not been received by the office before the settlor's death. (ii) Following a settlor's death and before any payment to a successor trustee, the office shall obtain from the trustee a written agreement to indemnify and hold the office harmless with respect to any claims that may be asserted against the office arising from payment to or through the trust.

(i) A lottery prize or any portion of a lottery prize remaining unpaid at the death of a lottery prize winner shall be paid to the estate of the deceased lottery prize winner or to the trustee of a trust established by the deceased lottery prize winner as settlor if: (a) A copy of the trust document or instrument has been filed with the office along with a notarized letter of direction from the settlor; and (b) A written notice of revocation has not been received by the office before the settlor's death.

(a) A copy of the trust document or instrument has been filed with the office along with a notarized letter of direction from the settlor; and

(b) A written notice of revocation has not been received by the office before the settlor's death.

(ii) Following a settlor's death and before any payment to a successor trustee, the office shall obtain from the trustee a written agreement to indemnify and hold the office harmless with respect to any claims that may be asserted against the office arising from payment to or through the trust.

(D) Under an appropriate judicial order, an individual shall be paid the lottery prize to which a winner is entitled.

(2) A lottery prize shall not be paid for a claim ticket that is: (A) Stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the office within applicable deadlines; (B) Lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery involved; or (C) Not in compliance with rules and public or confidential validation and security tests of the office appropriate to the particular lottery involved.

(A) Stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the office within applicable deadlines;

(B) Lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery involved; or

(C) Not in compliance with rules and public or confidential validation and security tests of the office appropriate to the particular lottery involved.

(3) (A) A particular lottery prize in any lottery shall not be paid more than one (1) time. (B) If there is a determination that more than one (1) claimant is entitled to a particular lottery prize, the sole remedy of the claimants is the award to each of them of an equal share in the lottery prize.

(A) A particular lottery prize in any lottery shall not be paid more than one (1) time.

(B) If there is a determination that more than one (1) claimant is entitled to a particular lottery prize, the sole remedy of the claimants is the award to each of them of an equal share in the lottery prize.

(4) (A) Within one hundred eighty (180) days after the drawing in which a cash lottery prize has been won, a holder of a winning cash ticket or share from an Arkansas lottery or from a multistate or multisovereign lottery shall claim the cash lottery prize. (B) (i) In an Arkansas lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within ninety (90) days after the playing of the instant game. (ii) In any multistate or multisovereign lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within one hundred eighty (180) days after the playing of the instant game. (C) If a valid claim is not made for a cash lottery prize within the applicable period, the cash lottery prize constitutes an unclaimed lottery prize for purposes of this section. (D) The office at any time may alter the time periods under subdivisions (c)(4)(A) and (B) of this section by rule.

(A) Within one hundred eighty (180) days after the drawing in which a cash lottery prize has been won, a holder of a winning cash ticket or share from an Arkansas lottery or from a multistate or multisovereign lottery shall claim the cash lottery prize.

(B) (i) In an Arkansas lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within ninety (90) days after the playing of the instant game. (ii) In any multistate or multisovereign lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within one hundred eighty (180) days after the playing of the instant game.

(i) In an Arkansas lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within ninety (90) days after the playing of the instant game.

(ii) In any multistate or multisovereign lottery in which a player may determine instantly if he or she has won or lost, a player who has won shall claim a cash lottery prize within one hundred eighty (180) days after the playing of the instant game.

(C) If a valid claim is not made for a cash lottery prize within the applicable period, the cash lottery prize constitutes an unclaimed lottery prize for purposes of this section.

(D) The office at any time may alter the time periods under subdivisions (c)(4)(A) and (B) of this section by rule.

(5) If practicable, an auditor chosen by the office shall be present at a draw to determine the winners of a draw game to verify the accuracy of the results.

(d) (1) A lottery prize shall not be paid upon a ticket or share purchased or sold in violation of this chapter. (2) A lottery prize described in subdivision (d)(1) of this section is an unclaimed lottery prize for purposes of this section.

(1) A lottery prize shall not be paid upon a ticket or share purchased or sold in violation of this chapter.

(2) A lottery prize described in subdivision (d)(1) of this section is an unclaimed lottery prize for purposes of this section.

(e) The office is discharged of all liability upon payment of a lottery prize.

(f) (1) The office shall not pay a lottery prize that exceeds the amount of five hundred dollars ($500) to any: (A) Employee of the office; or (B) Member of the immediate family of an employee of the office living in the same household as the employee. (2) If an officer, employee, agent, or subcontractor of a vendor has access to confidential information that may compromise the integrity of a lottery, a ticket or share shall not be purchased by and a lottery prize shall not be paid to: (A) The officer, employee, agent, or subcontractor of the vendor; or (B) A member of the immediate family of the officer, employee, agent, or subcontractor of the vendor.

(1) The office shall not pay a lottery prize that exceeds the amount of five hundred dollars ($500) to any: (A) Employee of the office; or (B) Member of the immediate family of an employee of the office living in the same household as the employee.

(A) Employee of the office; or

(B) Member of the immediate family of an employee of the office living in the same household as the employee.

(2) If an officer, employee, agent, or subcontractor of a vendor has access to confidential information that may compromise the integrity of a lottery, a ticket or share shall not be purchased by and a lottery prize shall not be paid to: (A) The officer, employee, agent, or subcontractor of the vendor; or (B) A member of the immediate family of the officer, employee, agent, or subcontractor of the vendor.

(A) The officer, employee, agent, or subcontractor of the vendor; or

(B) A member of the immediate family of the officer, employee, agent, or subcontractor of the vendor.

(g) (1) During a fiscal year, the office may expend up to two million five hundred thousand dollars ($2,500,000) of unclaimed lottery prize money for one (1) or more of the following: (A) Increasing the pool from which future lottery prizes are to be awarded; (B) Maintaining online game reserves at a fiscally sound level; or (C) Prize promotion. (2) On the last day of each fiscal year, the office shall deposit into the trust account for net lottery proceeds the amount of unclaimed lottery prize money existing at the end of the fiscal year less one million dollars ($1,000,000). (3) The office shall include in its monthly reports to the Legislative Council the following monthly and year-to-date amounts: (A) Unclaimed lottery prize money; (B) Expenditures from unclaimed lottery prize money; and (C) Deposits to net lottery proceeds from unclaimed lottery prize money.

(1) During a fiscal year, the office may expend up to two million five hundred thousand dollars ($2,500,000) of unclaimed lottery prize money for one (1) or more of the following: (A) Increasing the pool from which future lottery prizes are to be awarded; (B) Maintaining online game reserves at a fiscally sound level; or (C) Prize promotion.

(A) Increasing the pool from which future lottery prizes are to be awarded;

(B) Maintaining online game reserves at a fiscally sound level; or

(C) Prize promotion.

(2) On the last day of each fiscal year, the office shall deposit into the trust account for net lottery proceeds the amount of unclaimed lottery prize money existing at the end of the fiscal year less one million dollars ($1,000,000).

(3) The office shall include in its monthly reports to the Legislative Council the following monthly and year-to-date amounts: (A) Unclaimed lottery prize money; (B) Expenditures from unclaimed lottery prize money; and (C) Deposits to net lottery proceeds from unclaimed lottery prize money.

(A) Unclaimed lottery prize money;

(B) Expenditures from unclaimed lottery prize money; and

(C) Deposits to net lottery proceeds from unclaimed lottery prize money.

Amended by Act 2015, No. 1258,§ 31, eff. 7/22/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 36; 2010, No. 265, § 28; 2010, No. 294, § 28; 2011, No. 207, § 27; 2011, No. 1180, § 3.
Ark. Code Ann. § 23-110-401 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-401
Accordance with license required
Status: in_force

(a) Any franchise holder or any person aiding or abetting in the holding or conducting of any horse racing meet at which horse racing shall be permitted for any stake, purse, or reward, except in accordance with a license duly issued as provided in this subchapter, shall be guilty of a Class A misdemeanor for each such offense. (b) For the purposes of this subchapter, each day of racing in violation of the provisions of this chapter shall be considered as a separate and distinct offense. Acts 1957, No. 46, § 21; A.S.A. 1947, § 84-2747; Acts 2005, No. 1994, § 361.

(a) Any franchise holder or any person aiding or abetting in the holding or conducting of any horse racing meet at which horse racing shall be permitted for any stake, purse, or reward, except in accordance with a license duly issued as provided in this subchapter, shall be guilty of a Class A misdemeanor for each such offense.

(b) For the purposes of this subchapter, each day of racing in violation of the provisions of this chapter shall be considered as a separate and distinct offense.

Acts 1957, No. 46, § 21; A.S.A. 1947, § 84-2747; Acts 2005, No. 1994, § 361.
Ark. Code Ann. § 23-10-433 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-433
Exceptions to duty to furnish or exchange cars
Status: in_force

(a) In no event shall any railroad company be required to furnish any cars to a connecting line except to exchange for other cars reasonably suitable for the transportation of freight. (b) No railroad company shall be compelled to furnish its own cars to any other railroad company except upon reasonable security furnished to it to protect it from loss or destruction of, or damage to, such cars, and compensation for the use thereof. Acts 1909, No. 277, § 2, p. 814; C. & M. Dig., § 1635; Pope's Dig., § 1956; A.S.A. 1947, § 73-1306.

(a) In no event shall any railroad company be required to furnish any cars to a connecting line except to exchange for other cars reasonably suitable for the transportation of freight.

(b) No railroad company shall be compelled to furnish its own cars to any other railroad company except upon reasonable security furnished to it to protect it from loss or destruction of, or damage to, such cars, and compensation for the use thereof.

Acts 1909, No. 277, § 2, p. 814; C. & M. Dig., § 1635; Pope's Dig., § 1956; A.S.A. 1947, § 73-1306.
Ark. Code Ann. § 23-13-247 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-247
Contract carriers - Schedule of minimum rates and charges, rules and practices - Notice of proposed changes
Status: in_force

(a) No reduction shall be made in any charge of a contract carrier by motor vehicle either directly or by means of any change in any rate, rule, or practice affecting the charge or the value of services thereunder except after thirty (30) days' notice of the proposed change filed in the manner and form set forth in § 23-13-245 . However, in its discretion and for good cause shown, the Arkansas Department of Transportation may allow such a change upon less notice or modify the requirements of § 23-13-245 with respect to posting and filing of the schedules, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. (b) The notice shall plainly state the change proposed to be made and the time when the change will take effect. Amended by Act 2019, No. 315,§ 2442, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 217, eff. 8/1/2017. Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.

(a) No reduction shall be made in any charge of a contract carrier by motor vehicle either directly or by means of any change in any rate, rule, or practice affecting the charge or the value of services thereunder except after thirty (30) days' notice of the proposed change filed in the manner and form set forth in § 23-13-245 . However, in its discretion and for good cause shown, the Arkansas Department of Transportation may allow such a change upon less notice or modify the requirements of § 23-13-245 with respect to posting and filing of the schedules, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.

(b) The notice shall plainly state the change proposed to be made and the time when the change will take effect.

Amended by Act 2019, No. 315,§ 2442, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 217, eff. 8/1/2017.

Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Ark. Code Ann. § 23-10-409 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-409
Free or reduced rate transportation permitted
Status: in_force

Nothing in this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-410 - 23-10-431 shall be so construed as to prohibit any person or corporation operating a railroad in this state from transporting, delivering, or storing freight free of charge or at reduced rates for any city, county, or town government, or for any state or the United States, or any property for schools, churches, hospitals, fairs, exhibitions, eleemosynary and charitable institutions, or indigent persons, or employees of such corporations for their own personal use, or for railroad eating houses when the houses are maintained for the benefit of railroad employees and the traveling public. Acts 1907, No. 193, § 16, p. 453; C. & M. Dig., § 917; Acts 1921, No. 513, § 1; Pope's Dig., § 1121; A.S.A. 1947, § 73-1505.

Nothing in this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-410 - 23-10-431 shall be so construed as to prohibit any person or corporation operating a railroad in this state from transporting, delivering, or storing freight free of charge or at reduced rates for any city, county, or town government, or for any state or the United States, or any property for schools, churches, hospitals, fairs, exhibitions, eleemosynary and charitable institutions, or indigent persons, or employees of such corporations for their own personal use, or for railroad eating houses when the houses are maintained for the benefit of railroad employees and the traveling public.

Acts 1907, No. 193, § 16, p. 453; C. & M. Dig., § 917; Acts 1921, No. 513, § 1; Pope's Dig., § 1121; A.S.A. 1947, § 73-1505.
Ark. Code Ann. § 23-40-123 — AR Code / Title 23 / Chapter 40 / Section 23-40-123
Delinquency proceedings
Status: in_force

(a) If it appears upon sufficient grounds or evidence satisfactory to the Insurance Commissioner that a person or a licensee has engaged in or is about to engage in an act or a practice that violates this chapter or a rule adopted or an order issued under this chapter or that the assets or capital of a licensee are impaired or the licensee's affairs are in an unsafe condition, then the commissioner may order summarily a person or a licensee to cease and desist and take control of and administer the prepaid funeral benefits contracts business operations of a licensee that sells prepaid funeral benefits, if the commissioner finds: (1) It is in the public interest necessary to ensure the orderly and proper handling of outstanding prepaid funeral benefits contracts to protect the interest and rights of active contract holders upon a revocation, suspension, or a lapse of a prepaid funeral benefits permit; (2) It is necessary to prevent loss, waste, dissipation, theft, or conversion of assets that are required by law to be held and used for the benefit and protection of the purchasers of prepaid funeral benefits contracts under this chapter; (3) The seller failed to deposit or remit moneys according to § 23-40-114(a) ; (4) The seller has misappropriated, converted, illegally withheld, or refused to pay on demand any moneys entrusted to the seller that belong to a beneficiary under a prepaid funeral benefits contract; or (5) The seller refused an examination by the commissioner. (b) (1) If the commissioner determines that immediate action is required to protect the public health, safety, or welfare of the holders of the prepaid funeral benefits contracts, the commissioner may issue an order to a licensee to cease and desist prepaid funeral benefits contracts operations. (2) An order issued under subdivision (b)(1) of this section shall: (A) State the findings that the commissioner relied upon that required emergency action; and (B) Provide the licensee with a reasonable amount of time as determined by the commissioner to respond or appeal an order issued under subdivision (b)(1) of this section. (3) A licensee and any named party immediately shall be served with notice and a copy of the order. (4) The order issued under subdivision (b)(1) of this section may: (A) Direct the commissioner or his or her designee to take possession, custody, and control of the property, books, accounts, documents, and other records of the licensee as to its prepaid funeral benefits contracts operations; or (B) Require the commissioner or his or her designee to limit the disruption to the operations of the licensee by: (i) Prohibiting a licensee from making a disbursement or withdrawal from the licensee's trust fund; (ii) Making a disbursement from the trust fund for any valid claim; (iii) Procuring a substitute provider that is licensed under this chapter to service the prepaid funeral benefits contracts; (iv) Terminating or modifying a trust fund agreement; or (v) Authorizing the commissioner to bring and prosecute a suit in the name of the commissioner that may be necessary to collect debts or preserve assets and property for the benefit of creditors and any interested person. (5) The commissioner shall maintain control of the licensee until the order is modified or vacated by the commissioner. (6) The commissioner may order a licensee to relinquish any property of the licensee in connection with prepaid funeral benefits contracts to the State Insurance Department. (c) The commissioner may apply to a court of competent jurisdiction for an order to appoint him or her, in an official capacity, as receiver of the licensee to conserve, rehabilitate, or liquidate a prepaid funeral benefits contract, if: (1) A licensee: (A) Has not maintained trust funds from prepaid funeral benefit contracts under § 23-40-114 ; (B) Is impaired or insolvent; (C) Refuses to submit its books, records, accounts, or affairs to an examination by the commissioner; (D) Has refused to be examined under oath concerning the affairs of the licensee or any officer, director, or manager of the licensee refuses to be examined; or (E) Has failed to file the licensee's annual report within the time and according to the insurance laws of this state and does not have an adequate explanation for failure to file the annual report after written demand by the commissioner; or (2) The commissioner has reasonable cause to believe that there has been embezzlement, misappropriation, or other wrongful misapplications or use of trust funds or fraud affecting the ability of the licensee to perform its obligations under prepaid funeral benefits contracts sold or assumed by the licensee. (d) Circuit courts shall have original jurisdiction of all delinquency proceedings under this chapter, and any such court is authorized to make all necessary or appropriate orders to carry out the purposes of this chapter. (e) The venue of delinquency proceedings against a licensee shall be in the Pulaski County Circuit Court. (f) Delinquency proceedings instituted under this chapter shall not constitute the sole and exclusive method of liquidating, rehabilitating, or conserving a licensee, and a court shall not entertain a petition for the commencement of such proceedings unless the petition is filed in the name of the state on the relation of the commissioner. (g) (1) The commissioner shall commence any such proceeding by application to the court for an order directing the licensee to show cause why the commissioner should not have the relief prayed for in the application. (2) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the prepaid contracts purchaser, contract beneficiaries, or the public may require. (h) An appeal shall lie to the Supreme Court from an order granting or refusing rehabilitation, liquidation, or conservation, and from every other order in delinquency proceedings having the character of a final order as to the particular portion of proceedings embraced therein. Amended by Act 2015, No. 904,§ 7, eff. 4/1/2015. Acts 1997, No. 372, § 10.

(a) If it appears upon sufficient grounds or evidence satisfactory to the Insurance Commissioner that a person or a licensee has engaged in or is about to engage in an act or a practice that violates this chapter or a rule adopted or an order issued under this chapter or that the assets or capital of a licensee are impaired or the licensee's affairs are in an unsafe condition, then the commissioner may order summarily a person or a licensee to cease and desist and take control of and administer the prepaid funeral benefits contracts business operations of a licensee that sells prepaid funeral benefits, if the commissioner finds: (1) It is in the public interest necessary to ensure the orderly and proper handling of outstanding prepaid funeral benefits contracts to protect the interest and rights of active contract holders upon a revocation, suspension, or a lapse of a prepaid funeral benefits permit; (2) It is necessary to prevent loss, waste, dissipation, theft, or conversion of assets that are required by law to be held and used for the benefit and protection of the purchasers of prepaid funeral benefits contracts under this chapter; (3) The seller failed to deposit or remit moneys according to § 23-40-114(a) ; (4) The seller has misappropriated, converted, illegally withheld, or refused to pay on demand any moneys entrusted to the seller that belong to a beneficiary under a prepaid funeral benefits contract; or (5) The seller refused an examination by the commissioner.

(1) It is in the public interest necessary to ensure the orderly and proper handling of outstanding prepaid funeral benefits contracts to protect the interest and rights of active contract holders upon a revocation, suspension, or a lapse of a prepaid funeral benefits permit;

(2) It is necessary to prevent loss, waste, dissipation, theft, or conversion of assets that are required by law to be held and used for the benefit and protection of the purchasers of prepaid funeral benefits contracts under this chapter;

(3) The seller failed to deposit or remit moneys according to § 23-40-114(a) ;

(4) The seller has misappropriated, converted, illegally withheld, or refused to pay on demand any moneys entrusted to the seller that belong to a beneficiary under a prepaid funeral benefits contract; or

(5) The seller refused an examination by the commissioner.

(b) (1) If the commissioner determines that immediate action is required to protect the public health, safety, or welfare of the holders of the prepaid funeral benefits contracts, the commissioner may issue an order to a licensee to cease and desist prepaid funeral benefits contracts operations. (2) An order issued under subdivision (b)(1) of this section shall: (A) State the findings that the commissioner relied upon that required emergency action; and (B) Provide the licensee with a reasonable amount of time as determined by the commissioner to respond or appeal an order issued under subdivision (b)(1) of this section. (3) A licensee and any named party immediately shall be served with notice and a copy of the order. (4) The order issued under subdivision (b)(1) of this section may: (A) Direct the commissioner or his or her designee to take possession, custody, and control of the property, books, accounts, documents, and other records of the licensee as to its prepaid funeral benefits contracts operations; or (B) Require the commissioner or his or her designee to limit the disruption to the operations of the licensee by: (i) Prohibiting a licensee from making a disbursement or withdrawal from the licensee's trust fund; (ii) Making a disbursement from the trust fund for any valid claim; (iii) Procuring a substitute provider that is licensed under this chapter to service the prepaid funeral benefits contracts; (iv) Terminating or modifying a trust fund agreement; or (v) Authorizing the commissioner to bring and prosecute a suit in the name of the commissioner that may be necessary to collect debts or preserve assets and property for the benefit of creditors and any interested person. (5) The commissioner shall maintain control of the licensee until the order is modified or vacated by the commissioner. (6) The commissioner may order a licensee to relinquish any property of the licensee in connection with prepaid funeral benefits contracts to the State Insurance Department.

(1) If the commissioner determines that immediate action is required to protect the public health, safety, or welfare of the holders of the prepaid funeral benefits contracts, the commissioner may issue an order to a licensee to cease and desist prepaid funeral benefits contracts operations.

(2) An order issued under subdivision (b)(1) of this section shall: (A) State the findings that the commissioner relied upon that required emergency action; and (B) Provide the licensee with a reasonable amount of time as determined by the commissioner to respond or appeal an order issued under subdivision (b)(1) of this section.

(A) State the findings that the commissioner relied upon that required emergency action; and

(B) Provide the licensee with a reasonable amount of time as determined by the commissioner to respond or appeal an order issued under subdivision (b)(1) of this section.

(3) A licensee and any named party immediately shall be served with notice and a copy of the order.

(4) The order issued under subdivision (b)(1) of this section may: (A) Direct the commissioner or his or her designee to take possession, custody, and control of the property, books, accounts, documents, and other records of the licensee as to its prepaid funeral benefits contracts operations; or (B) Require the commissioner or his or her designee to limit the disruption to the operations of the licensee by: (i) Prohibiting a licensee from making a disbursement or withdrawal from the licensee's trust fund; (ii) Making a disbursement from the trust fund for any valid claim; (iii) Procuring a substitute provider that is licensed under this chapter to service the prepaid funeral benefits contracts; (iv) Terminating or modifying a trust fund agreement; or (v) Authorizing the commissioner to bring and prosecute a suit in the name of the commissioner that may be necessary to collect debts or preserve assets and property for the benefit of creditors and any interested person.

(A) Direct the commissioner or his or her designee to take possession, custody, and control of the property, books, accounts, documents, and other records of the licensee as to its prepaid funeral benefits contracts operations; or

(B) Require the commissioner or his or her designee to limit the disruption to the operations of the licensee by: (i) Prohibiting a licensee from making a disbursement or withdrawal from the licensee's trust fund; (ii) Making a disbursement from the trust fund for any valid claim; (iii) Procuring a substitute provider that is licensed under this chapter to service the prepaid funeral benefits contracts; (iv) Terminating or modifying a trust fund agreement; or (v) Authorizing the commissioner to bring and prosecute a suit in the name of the commissioner that may be necessary to collect debts or preserve assets and property for the benefit of creditors and any interested person.

(i) Prohibiting a licensee from making a disbursement or withdrawal from the licensee's trust fund;

(ii) Making a disbursement from the trust fund for any valid claim;

(iii) Procuring a substitute provider that is licensed under this chapter to service the prepaid funeral benefits contracts;

(iv) Terminating or modifying a trust fund agreement; or

(v) Authorizing the commissioner to bring and prosecute a suit in the name of the commissioner that may be necessary to collect debts or preserve assets and property for the benefit of creditors and any interested person.

(5) The commissioner shall maintain control of the licensee until the order is modified or vacated by the commissioner.

(6) The commissioner may order a licensee to relinquish any property of the licensee in connection with prepaid funeral benefits contracts to the State Insurance Department.

(c) The commissioner may apply to a court of competent jurisdiction for an order to appoint him or her, in an official capacity, as receiver of the licensee to conserve, rehabilitate, or liquidate a prepaid funeral benefits contract, if: (1) A licensee: (A) Has not maintained trust funds from prepaid funeral benefit contracts under § 23-40-114 ; (B) Is impaired or insolvent; (C) Refuses to submit its books, records, accounts, or affairs to an examination by the commissioner; (D) Has refused to be examined under oath concerning the affairs of the licensee or any officer, director, or manager of the licensee refuses to be examined; or (E) Has failed to file the licensee's annual report within the time and according to the insurance laws of this state and does not have an adequate explanation for failure to file the annual report after written demand by the commissioner; or (2) The commissioner has reasonable cause to believe that there has been embezzlement, misappropriation, or other wrongful misapplications or use of trust funds or fraud affecting the ability of the licensee to perform its obligations under prepaid funeral benefits contracts sold or assumed by the licensee.

(1) A licensee: (A) Has not maintained trust funds from prepaid funeral benefit contracts under § 23-40-114 ; (B) Is impaired or insolvent; (C) Refuses to submit its books, records, accounts, or affairs to an examination by the commissioner; (D) Has refused to be examined under oath concerning the affairs of the licensee or any officer, director, or manager of the licensee refuses to be examined; or (E) Has failed to file the licensee's annual report within the time and according to the insurance laws of this state and does not have an adequate explanation for failure to file the annual report after written demand by the commissioner; or

(A) Has not maintained trust funds from prepaid funeral benefit contracts under § 23-40-114 ;

(B) Is impaired or insolvent;

(C) Refuses to submit its books, records, accounts, or affairs to an examination by the commissioner;

(D) Has refused to be examined under oath concerning the affairs of the licensee or any officer, director, or manager of the licensee refuses to be examined; or

(E) Has failed to file the licensee's annual report within the time and according to the insurance laws of this state and does not have an adequate explanation for failure to file the annual report after written demand by the commissioner; or

(2) The commissioner has reasonable cause to believe that there has been embezzlement, misappropriation, or other wrongful misapplications or use of trust funds or fraud affecting the ability of the licensee to perform its obligations under prepaid funeral benefits contracts sold or assumed by the licensee.

(d) Circuit courts shall have original jurisdiction of all delinquency proceedings under this chapter, and any such court is authorized to make all necessary or appropriate orders to carry out the purposes of this chapter.

(e) The venue of delinquency proceedings against a licensee shall be in the Pulaski County Circuit Court.

(f) Delinquency proceedings instituted under this chapter shall not constitute the sole and exclusive method of liquidating, rehabilitating, or conserving a licensee, and a court shall not entertain a petition for the commencement of such proceedings unless the petition is filed in the name of the state on the relation of the commissioner.

(g) (1) The commissioner shall commence any such proceeding by application to the court for an order directing the licensee to show cause why the commissioner should not have the relief prayed for in the application. (2) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the prepaid contracts purchaser, contract beneficiaries, or the public may require.

(1) The commissioner shall commence any such proceeding by application to the court for an order directing the licensee to show cause why the commissioner should not have the relief prayed for in the application.

(2) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the prepaid contracts purchaser, contract beneficiaries, or the public may require.

(h) An appeal shall lie to the Supreme Court from an order granting or refusing rehabilitation, liquidation, or conservation, and from every other order in delinquency proceedings having the character of a final order as to the particular portion of proceedings embraced therein.

Amended by Act 2015, No. 904,§ 7, eff. 4/1/2015.

Acts 1997, No. 372, § 10.