Ark. Code Ann. § 23-48-316 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-316
Transfer of stock
Status: in_force

(a) The stock of every state bank shall be transferrable only on the books of the bank. (b) (1) When any number of shares of the stock of a state bank or shares of stock in an Arkansas bank holding company shall be transferred to any transferee or joint transferees, the state bank or Arkansas bank holding company shall promptly transmit to the Bank Commissioner a certificate, on a form prescribed by the commissioner, showing the transfer. (2) The certificate also shall show the total number of shares at that time outstanding in the name of the transferee or anyone known by the state bank or Arkansas bank holding company to be the nominee of the transferee or holding in trust for the transferee. (3) This subsection does not apply to a state bank or Arkansas bank holding company that: (A) Is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017; or (B) Has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017. Amended by Act 2017, No. 548,§ 8, eff. 3/21/2017. Acts 1997, No. 89, § 1.

(a) The stock of every state bank shall be transferrable only on the books of the bank.

(b) (1) When any number of shares of the stock of a state bank or shares of stock in an Arkansas bank holding company shall be transferred to any transferee or joint transferees, the state bank or Arkansas bank holding company shall promptly transmit to the Bank Commissioner a certificate, on a form prescribed by the commissioner, showing the transfer. (2) The certificate also shall show the total number of shares at that time outstanding in the name of the transferee or anyone known by the state bank or Arkansas bank holding company to be the nominee of the transferee or holding in trust for the transferee. (3) This subsection does not apply to a state bank or Arkansas bank holding company that: (A) Is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017; or (B) Has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017.

(1) When any number of shares of the stock of a state bank or shares of stock in an Arkansas bank holding company shall be transferred to any transferee or joint transferees, the state bank or Arkansas bank holding company shall promptly transmit to the Bank Commissioner a certificate, on a form prescribed by the commissioner, showing the transfer.

(2) The certificate also shall show the total number of shares at that time outstanding in the name of the transferee or anyone known by the state bank or Arkansas bank holding company to be the nominee of the transferee or holding in trust for the transferee.

(3) This subsection does not apply to a state bank or Arkansas bank holding company that: (A) Is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017; or (B) Has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017.

(A) Is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017; or

(B) Has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017.

Amended by Act 2017, No. 548,§ 8, eff. 3/21/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-18-503 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-503
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means the utility or other person making application to the Arkansas Public Service Commission for a certificate of environmental compatibility and public need; (2) (A) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility. (B) "Commence to construct" does not include: (i) Changes needed for temporary use of sites or routes for nonutility purposes; or (ii) Uses in securing survey or geological data, including necessary borings to ascertain foundation conditions; (3) "Commission" means the Arkansas Public Service Commission; (4) "Energy-efficient" means economical in the use of energy; (5) "Energy resource declaration-of-need proceeding" means a utility-specific proceeding conducted by the Arkansas Public Service Commission under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder to determine the need for additional energy supply and transmission resources by a public utility; (6) "Major utility facility" means: (A) An electric generating plant and associated transportation and storage facilities for fuel and other facilities designed for or capable of operation at a capacity of fifty megawatts (50 MW) or more; (B) For the sole purpose of requiring an environmental impact statement under this subchapter, an electric transmission line and associated facilities including substations of: (i) A design voltage of one hundred kilovolts (100 kV) or more and extending a distance of more than ten (10) miles; or (ii) A design voltage of one hundred seventy kilovolts (170 kV) or more and extending a distance of more than one (1) mile; or (C) For the sole purpose of requiring an environmental impact statement under this subchapter, a gas transmission line and associated facilities designed for or capable of transporting gas at pressures in excess of one hundred twenty-five pounds per square inch (125 psi) and extending a distance of more than one (1) mile except gas pipelines devoted solely to the gathering of gas from gas wells constructed within the limits of any gas field as defined by the Oil and Gas Commission; (7) "Merchant generator" means a person or entity, including an affiliate of a public utility, engaged directly or indirectly through one (1) or more affiliates, that is in the business of owning or operating all or part of a facility for generating electric energy and selling electric energy at wholesale; (8) "Merchant transmission provider" means a person or entity that owns or operates facilities used for the transmission of electric energy and whose rates or charges are not subject to the jurisdiction of the commission; (9) "Municipality" means any county or municipality within the state; (10) "National interest electric transmission corridor" means an area of the state found by the United States Secretary of Energy to be experiencing electric energy transmission capacity constraints or congestion and therefore designated as a national interest electric transmission corridor by the United States Secretary of Energy under the authority granted by section 1221(a) of the Energy Policy Act of 2005, Pub. L. No. 109-58; (11) "Nonrenewable energy technology" or "nonrenewable energy sources" means any technology or source of energy that depends upon the use of depletable fossil fuels such as oil, gas, and coal; (12) "Person" includes an individual, group, firm, partnership, corporation, cooperative association, municipality, government subdivision, government agency, local government, or other organization; (13) "Public utility" or "utility" means a person engaged in the production, storage, distribution, sale, delivery, or furnishing of electricity or gas, or both, to or for the public, as defined in § 23-1-101(9)(A)(i) and (B) , but does not include an exempt wholesale generator as defined in § 23-1-101(5) ; (14) "Regional transmission organization" means an entity approved by the Federal Energy Regulatory Commission to plan and operate facilities for the transmission of electric energy within a designated region; and (15) "Renewable energy technology" means any technology or source of energy that is not depletable, including without limitation solar, wind, biomass conversion, hydroelectric, or geothermal. Amended by Act 2019, No. 315,§ 2475, eff. 7/24/2019. Acts 1973, No. 164, § 3; 1977, No. 866, § 1; 1979, No. 245, § 1; A.S.A. 1947, § 73-276.2; Acts 1999, No. 1322, § 2; 2007, No. 658, § 1; 2011, No. 910, § 2.

As used in this subchapter:

(1) "Applicant" means the utility or other person making application to the Arkansas Public Service Commission for a certificate of environmental compatibility and public need;

(2) (A) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility. (B) "Commence to construct" does not include: (i) Changes needed for temporary use of sites or routes for nonutility purposes; or (ii) Uses in securing survey or geological data, including necessary borings to ascertain foundation conditions;

(A) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility.

(B) "Commence to construct" does not include: (i) Changes needed for temporary use of sites or routes for nonutility purposes; or (ii) Uses in securing survey or geological data, including necessary borings to ascertain foundation conditions;

(i) Changes needed for temporary use of sites or routes for nonutility purposes; or

(ii) Uses in securing survey or geological data, including necessary borings to ascertain foundation conditions;

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

(4) "Energy-efficient" means economical in the use of energy;

(5) "Energy resource declaration-of-need proceeding" means a utility-specific proceeding conducted by the Arkansas Public Service Commission under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder to determine the need for additional energy supply and transmission resources by a public utility;

(6) "Major utility facility" means: (A) An electric generating plant and associated transportation and storage facilities for fuel and other facilities designed for or capable of operation at a capacity of fifty megawatts (50 MW) or more; (B) For the sole purpose of requiring an environmental impact statement under this subchapter, an electric transmission line and associated facilities including substations of: (i) A design voltage of one hundred kilovolts (100 kV) or more and extending a distance of more than ten (10) miles; or (ii) A design voltage of one hundred seventy kilovolts (170 kV) or more and extending a distance of more than one (1) mile; or (C) For the sole purpose of requiring an environmental impact statement under this subchapter, a gas transmission line and associated facilities designed for or capable of transporting gas at pressures in excess of one hundred twenty-five pounds per square inch (125 psi) and extending a distance of more than one (1) mile except gas pipelines devoted solely to the gathering of gas from gas wells constructed within the limits of any gas field as defined by the Oil and Gas Commission;

(A) An electric generating plant and associated transportation and storage facilities for fuel and other facilities designed for or capable of operation at a capacity of fifty megawatts (50 MW) or more;

(B) For the sole purpose of requiring an environmental impact statement under this subchapter, an electric transmission line and associated facilities including substations of: (i) A design voltage of one hundred kilovolts (100 kV) or more and extending a distance of more than ten (10) miles; or (ii) A design voltage of one hundred seventy kilovolts (170 kV) or more and extending a distance of more than one (1) mile; or

(i) A design voltage of one hundred kilovolts (100 kV) or more and extending a distance of more than ten (10) miles; or

(ii) A design voltage of one hundred seventy kilovolts (170 kV) or more and extending a distance of more than one (1) mile; or

(C) For the sole purpose of requiring an environmental impact statement under this subchapter, a gas transmission line and associated facilities designed for or capable of transporting gas at pressures in excess of one hundred twenty-five pounds per square inch (125 psi) and extending a distance of more than one (1) mile except gas pipelines devoted solely to the gathering of gas from gas wells constructed within the limits of any gas field as defined by the Oil and Gas Commission;

(7) "Merchant generator" means a person or entity, including an affiliate of a public utility, engaged directly or indirectly through one (1) or more affiliates, that is in the business of owning or operating all or part of a facility for generating electric energy and selling electric energy at wholesale;

(8) "Merchant transmission provider" means a person or entity that owns or operates facilities used for the transmission of electric energy and whose rates or charges are not subject to the jurisdiction of the commission;

(9) "Municipality" means any county or municipality within the state;

(10) "National interest electric transmission corridor" means an area of the state found by the United States Secretary of Energy to be experiencing electric energy transmission capacity constraints or congestion and therefore designated as a national interest electric transmission corridor by the United States Secretary of Energy under the authority granted by section 1221(a) of the Energy Policy Act of 2005, Pub. L. No. 109-58;

(11) "Nonrenewable energy technology" or "nonrenewable energy sources" means any technology or source of energy that depends upon the use of depletable fossil fuels such as oil, gas, and coal;

(12) "Person" includes an individual, group, firm, partnership, corporation, cooperative association, municipality, government subdivision, government agency, local government, or other organization;

(13) "Public utility" or "utility" means a person engaged in the production, storage, distribution, sale, delivery, or furnishing of electricity or gas, or both, to or for the public, as defined in § 23-1-101(9)(A)(i) and (B) , but does not include an exempt wholesale generator as defined in § 23-1-101(5) ;

(14) "Regional transmission organization" means an entity approved by the Federal Energy Regulatory Commission to plan and operate facilities for the transmission of electric energy within a designated region; and

(15) "Renewable energy technology" means any technology or source of energy that is not depletable, including without limitation solar, wind, biomass conversion, hydroelectric, or geothermal.

Amended by Act 2019, No. 315,§ 2475, eff. 7/24/2019.

Acts 1973, No. 164, § 3; 1977, No. 866, § 1; 1979, No. 245, § 1; A.S.A. 1947, § 73-276.2; Acts 1999, No. 1322, § 2; 2007, No. 658, § 1; 2011, No. 910, § 2.
Ark. Code Ann. § 23-81-806 — AR Code / Title 23 / Chapter 81 / Subchapter 8 / Section 23-81-806
Reporting requirements and privacy
Status: in_force

(a) (1) (A) For any policy settled within five (5) years of policy issuance, each provider shall file with the Insurance Commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule. (B) In addition to any other requirements, the annual statement shall specify the total number, aggregate face amount, and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a breakdown of the information by policy issue year. (C) The annual statement shall also include the names of the insurance companies whose policies have been settled and the brokers that have settled the policies. (2) The information shall be limited to only those transactions in which the owner is a resident of this state and shall not include individual transaction data regarding the business of life settlements or information that there is a reasonable basis to believe could be used to identify the owner or the insured. (3) Every provider that willfully fails to file an annual statement as required in this section or willfully fails to reply within thirty (30) days to a written inquiry by the commissioner in connection therewith, in addition to other penalties provided by this chapter, shall be subject upon due notice and opportunity to be heard to a penalty of up to two hundred fifty dollars ($250) per day of delay, not to exceed twenty-five thousand dollars ($25,000) in the aggregate for each such failure. (b) Except as otherwise allowed or required by law, a provider, broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity shall not disclose the identity of an insured or information that there is a reasonable basis to believe could be used to identify the insured or the insured's financial or medical information to any other person unless the disclosure: (1) Is necessary to effect a life settlement contract between the owner and a provider and the owner and insured have provided prior written consent to the disclosure; (2) Is necessary to effectuate the sale of life settlement contracts, or interests in life settlement contracts, as investments, provided the sale is conducted in accordance with applicable state and federal securities law and provided further that the owner and the insured have both provided prior written consent to the disclosure; (3) Is provided in response to an investigation or examination by the commissioner or any other governmental officer or agency or pursuant to the requirements of § 23-81-813 ; (4) Is a term or condition to the transfer of a policy by one (1) provider to another provider, in which case the receiving provider shall be required to comply with the confidentiality requirements of this subsection; (5) (A) Is necessary to allow the provider or broker or their authorized representatives to make contacts for the purpose of determining health status. (B) For the purposes of subdivision (b)(5)(A) of this section, "authorized representative" does not include any person who has or may have any financial interest in the settlement contract other than a provider, licensed broker, financing entity, related provider trust, or special purpose entity. (C) A provider or broker shall require its authorized representative to agree in writing to adhere to the privacy provisions of this subchapter; or (6) Is required to purchase stop loss coverage. (c) Nonpublic personal information solicited or obtained in connection with a proposed or actual life settlement contract shall be subject to the provisions applicable to financial institutions under the Gramm-Leach-Bliley Act, Pub. L. No. 106-102, and all other state and federal laws relating to confidentiality of nonpublic personal information. Acts 2009, No. 796, § 1.

(a) (1) (A) For any policy settled within five (5) years of policy issuance, each provider shall file with the Insurance Commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule. (B) In addition to any other requirements, the annual statement shall specify the total number, aggregate face amount, and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a breakdown of the information by policy issue year. (C) The annual statement shall also include the names of the insurance companies whose policies have been settled and the brokers that have settled the policies. (2) The information shall be limited to only those transactions in which the owner is a resident of this state and shall not include individual transaction data regarding the business of life settlements or information that there is a reasonable basis to believe could be used to identify the owner or the insured. (3) Every provider that willfully fails to file an annual statement as required in this section or willfully fails to reply within thirty (30) days to a written inquiry by the commissioner in connection therewith, in addition to other penalties provided by this chapter, shall be subject upon due notice and opportunity to be heard to a penalty of up to two hundred fifty dollars ($250) per day of delay, not to exceed twenty-five thousand dollars ($25,000) in the aggregate for each such failure.

(1) (A) For any policy settled within five (5) years of policy issuance, each provider shall file with the Insurance Commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule. (B) In addition to any other requirements, the annual statement shall specify the total number, aggregate face amount, and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a breakdown of the information by policy issue year. (C) The annual statement shall also include the names of the insurance companies whose policies have been settled and the brokers that have settled the policies.

(A) For any policy settled within five (5) years of policy issuance, each provider shall file with the Insurance Commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule.

(B) In addition to any other requirements, the annual statement shall specify the total number, aggregate face amount, and life settlement proceeds of policies settled during the immediately preceding calendar year, together with a breakdown of the information by policy issue year.

(C) The annual statement shall also include the names of the insurance companies whose policies have been settled and the brokers that have settled the policies.

(2) The information shall be limited to only those transactions in which the owner is a resident of this state and shall not include individual transaction data regarding the business of life settlements or information that there is a reasonable basis to believe could be used to identify the owner or the insured.

(3) Every provider that willfully fails to file an annual statement as required in this section or willfully fails to reply within thirty (30) days to a written inquiry by the commissioner in connection therewith, in addition to other penalties provided by this chapter, shall be subject upon due notice and opportunity to be heard to a penalty of up to two hundred fifty dollars ($250) per day of delay, not to exceed twenty-five thousand dollars ($25,000) in the aggregate for each such failure.

(b) Except as otherwise allowed or required by law, a provider, broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity shall not disclose the identity of an insured or information that there is a reasonable basis to believe could be used to identify the insured or the insured's financial or medical information to any other person unless the disclosure: (1) Is necessary to effect a life settlement contract between the owner and a provider and the owner and insured have provided prior written consent to the disclosure; (2) Is necessary to effectuate the sale of life settlement contracts, or interests in life settlement contracts, as investments, provided the sale is conducted in accordance with applicable state and federal securities law and provided further that the owner and the insured have both provided prior written consent to the disclosure; (3) Is provided in response to an investigation or examination by the commissioner or any other governmental officer or agency or pursuant to the requirements of § 23-81-813 ; (4) Is a term or condition to the transfer of a policy by one (1) provider to another provider, in which case the receiving provider shall be required to comply with the confidentiality requirements of this subsection; (5) (A) Is necessary to allow the provider or broker or their authorized representatives to make contacts for the purpose of determining health status. (B) For the purposes of subdivision (b)(5)(A) of this section, "authorized representative" does not include any person who has or may have any financial interest in the settlement contract other than a provider, licensed broker, financing entity, related provider trust, or special purpose entity. (C) A provider or broker shall require its authorized representative to agree in writing to adhere to the privacy provisions of this subchapter; or (6) Is required to purchase stop loss coverage.

(1) Is necessary to effect a life settlement contract between the owner and a provider and the owner and insured have provided prior written consent to the disclosure;

(2) Is necessary to effectuate the sale of life settlement contracts, or interests in life settlement contracts, as investments, provided the sale is conducted in accordance with applicable state and federal securities law and provided further that the owner and the insured have both provided prior written consent to the disclosure;

(3) Is provided in response to an investigation or examination by the commissioner or any other governmental officer or agency or pursuant to the requirements of § 23-81-813 ;

(4) Is a term or condition to the transfer of a policy by one (1) provider to another provider, in which case the receiving provider shall be required to comply with the confidentiality requirements of this subsection;

(5) (A) Is necessary to allow the provider or broker or their authorized representatives to make contacts for the purpose of determining health status. (B) For the purposes of subdivision (b)(5)(A) of this section, "authorized representative" does not include any person who has or may have any financial interest in the settlement contract other than a provider, licensed broker, financing entity, related provider trust, or special purpose entity. (C) A provider or broker shall require its authorized representative to agree in writing to adhere to the privacy provisions of this subchapter; or

(A) Is necessary to allow the provider or broker or their authorized representatives to make contacts for the purpose of determining health status.

(B) For the purposes of subdivision (b)(5)(A) of this section, "authorized representative" does not include any person who has or may have any financial interest in the settlement contract other than a provider, licensed broker, financing entity, related provider trust, or special purpose entity.

(C) A provider or broker shall require its authorized representative to agree in writing to adhere to the privacy provisions of this subchapter; or

(6) Is required to purchase stop loss coverage.

(c) Nonpublic personal information solicited or obtained in connection with a proposed or actual life settlement contract shall be subject to the provisions applicable to financial institutions under the Gramm-Leach-Bliley Act, Pub. L. No. 106-102, and all other state and federal laws relating to confidentiality of nonpublic personal information.

Acts 2009, No. 796, § 1.
Ark. Code Ann. § 23-103-415 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-415
Rules promulgated by Insurance Commissioner
Status: in_force

The Insurance Commissioner shall issue rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to implement this subchapter. Acts 2007, No. 684, § 6.

The Insurance Commissioner shall issue rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to implement this subchapter.

Acts 2007, No. 684, § 6.
Ark. Code Ann. § 23-79-605 — AR Code / Title 23 / Chapter 79 / Subchapter 6 / Section 23-79-605
Rules
Status: in_force

The State Insurance Department shall develop and promulgate rules to implement the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2718, eff. 7/24/2019. Acts 1997, No. 1249, § 5.

The State Insurance Department shall develop and promulgate rules to implement the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2718, eff. 7/24/2019.

Acts 1997, No. 1249, § 5.
Ark. Code Ann. § 23-95-105 — AR Code / Title 23 / Chapter 95 / Section 23-95-105
Plan for coverage - Contents
Status: in_force

(a) Each plan promulgated or prepared pursuant to § 23-95-104 shall: (1) Give consideration to: (A) The need for adequate and readily accessible coverage; (B) Optional methods of improving the market affected; (C) The inherent limitations of the insurance mechanism; (D) The need for reasonable underwriting standards; and (E) The requirement of reasonable loss prevention measures; (2) Establish procedures that will create minimum interference with the voluntary market; (3) Distribute the obligations imposed by the plan and any profits or losses experienced by the plan equitably and efficiently among the participating insurers; (4) Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a complaint or grievance pursuant to this section does not waive or stay the requirement for participation in the plan; and (5) Establish a rating plan which shall be actuarially sound. (b) Each plan may, on behalf of its participants: (1) Issue policies of insurance to eligible applicants; (2) Underwrite, adjust, and pay losses on insurance issued by the plan; (3) Appoint a service company or companies to perform the functions enumerated in this subsection; and (4) Obtain reinsurance for any part or all of its risks. (c) Participation by the insurer in the losses and expenses of the plan shall be in the proportion that the direct written premiums of the insurer written in this state bears to the total aggregate written premium written in this state. Premiums which serve as the basis for participation in other risk-sharing plans established under prior law shall be excluded both from the insurer's direct written premium and the total aggregate direct written premium in determining participation in the losses and expenses of the plan. (d) Each plan shall provide for: (1) The method of classifying risks; (2) The making and filing of rates which are not excessive, inadequate, or unfairly discriminatory and policy forms applicable to the various risks insured by the plan; (3) The adjusting and processing of claims; (4) The commission rates to be paid to agents or brokers for coverages written by the plan; and (5) Any other insurance of investment functions that are necessary for the purpose of providing adequate and readily accessible coverage. Acts 1987, No. 896, §§ 3-5.

(a) Each plan promulgated or prepared pursuant to § 23-95-104 shall: (1) Give consideration to: (A) The need for adequate and readily accessible coverage; (B) Optional methods of improving the market affected; (C) The inherent limitations of the insurance mechanism; (D) The need for reasonable underwriting standards; and (E) The requirement of reasonable loss prevention measures; (2) Establish procedures that will create minimum interference with the voluntary market; (3) Distribute the obligations imposed by the plan and any profits or losses experienced by the plan equitably and efficiently among the participating insurers; (4) Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a complaint or grievance pursuant to this section does not waive or stay the requirement for participation in the plan; and (5) Establish a rating plan which shall be actuarially sound.

(1) Give consideration to: (A) The need for adequate and readily accessible coverage; (B) Optional methods of improving the market affected; (C) The inherent limitations of the insurance mechanism; (D) The need for reasonable underwriting standards; and (E) The requirement of reasonable loss prevention measures;

(A) The need for adequate and readily accessible coverage;

(B) Optional methods of improving the market affected;

(C) The inherent limitations of the insurance mechanism;

(D) The need for reasonable underwriting standards; and

(E) The requirement of reasonable loss prevention measures;

(2) Establish procedures that will create minimum interference with the voluntary market;

(3) Distribute the obligations imposed by the plan and any profits or losses experienced by the plan equitably and efficiently among the participating insurers;

(4) Establish procedures for applicants and participants to have their grievances reviewed by an impartial body. The filing and processing of a complaint or grievance pursuant to this section does not waive or stay the requirement for participation in the plan; and

(5) Establish a rating plan which shall be actuarially sound.

(b) Each plan may, on behalf of its participants: (1) Issue policies of insurance to eligible applicants; (2) Underwrite, adjust, and pay losses on insurance issued by the plan; (3) Appoint a service company or companies to perform the functions enumerated in this subsection; and (4) Obtain reinsurance for any part or all of its risks.

(1) Issue policies of insurance to eligible applicants;

(2) Underwrite, adjust, and pay losses on insurance issued by the plan;

(3) Appoint a service company or companies to perform the functions enumerated in this subsection; and

(4) Obtain reinsurance for any part or all of its risks.

(c) Participation by the insurer in the losses and expenses of the plan shall be in the proportion that the direct written premiums of the insurer written in this state bears to the total aggregate written premium written in this state. Premiums which serve as the basis for participation in other risk-sharing plans established under prior law shall be excluded both from the insurer's direct written premium and the total aggregate direct written premium in determining participation in the losses and expenses of the plan.

(d) Each plan shall provide for: (1) The method of classifying risks; (2) The making and filing of rates which are not excessive, inadequate, or unfairly discriminatory and policy forms applicable to the various risks insured by the plan; (3) The adjusting and processing of claims; (4) The commission rates to be paid to agents or brokers for coverages written by the plan; and (5) Any other insurance of investment functions that are necessary for the purpose of providing adequate and readily accessible coverage.

(1) The method of classifying risks;

(2) The making and filing of rates which are not excessive, inadequate, or unfairly discriminatory and policy forms applicable to the various risks insured by the plan;

(3) The adjusting and processing of claims;

(4) The commission rates to be paid to agents or brokers for coverages written by the plan; and

(5) Any other insurance of investment functions that are necessary for the purpose of providing adequate and readily accessible coverage.

Acts 1987, No. 896, §§ 3-5.
Ark. Code Ann. § 23-62-403 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-403
Qualified United States financial institutions
Status: in_force

For purposes of this subchapter, a "qualified United States financial institution" means an institution that: (1) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (2) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies; and (3) Has been determined by either the Insurance Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner. Acts 1993, No. 527, § 1.

For purposes of this subchapter, a "qualified United States financial institution" means an institution that:

(1) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;

(2) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies; and

(3) Has been determined by either the Insurance Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-69-125 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-125
Contingent liability and assessability of policies - Mutual insurers
Status: in_force

(a) (1) While possessing surplus funds in amount not less than the paid-in capital stock required of a domestic stock insurer transacting like kinds of insurance, a domestic mutual insurer may, upon receipt of the Insurance Commissioner's order so authorizing, extinguish the contingent liability of its members as to all its policies in force and may omit provisions imposing contingent liability in all its policies currently issued. (2) No domestic mutual legal reserve life insurer shall at any time issue policies providing for or subject to contingent liability or assessment of members. (b) (1) The commissioner shall revoke the authority of a domestic mutual insurer to issue policies without contingent liability if at any time the insurer's assets are less than the sum of its liabilities and the surplus required for the authority, or if the insurer, by resolution of its board of directors approved by a majority of its members, requests that the authority be revoked. (2) This subsection does not apply to domestic mutual legal reserve life insurers. Acts 1959, No. 148, §§ 477, 478; A.S.A. 1947, §§ 66-4225, 66-4226.

(a) (1) While possessing surplus funds in amount not less than the paid-in capital stock required of a domestic stock insurer transacting like kinds of insurance, a domestic mutual insurer may, upon receipt of the Insurance Commissioner's order so authorizing, extinguish the contingent liability of its members as to all its policies in force and may omit provisions imposing contingent liability in all its policies currently issued. (2) No domestic mutual legal reserve life insurer shall at any time issue policies providing for or subject to contingent liability or assessment of members.

(1) While possessing surplus funds in amount not less than the paid-in capital stock required of a domestic stock insurer transacting like kinds of insurance, a domestic mutual insurer may, upon receipt of the Insurance Commissioner's order so authorizing, extinguish the contingent liability of its members as to all its policies in force and may omit provisions imposing contingent liability in all its policies currently issued.

(2) No domestic mutual legal reserve life insurer shall at any time issue policies providing for or subject to contingent liability or assessment of members.

(b) (1) The commissioner shall revoke the authority of a domestic mutual insurer to issue policies without contingent liability if at any time the insurer's assets are less than the sum of its liabilities and the surplus required for the authority, or if the insurer, by resolution of its board of directors approved by a majority of its members, requests that the authority be revoked. (2) This subsection does not apply to domestic mutual legal reserve life insurers.

(1) The commissioner shall revoke the authority of a domestic mutual insurer to issue policies without contingent liability if at any time the insurer's assets are less than the sum of its liabilities and the surplus required for the authority, or if the insurer, by resolution of its board of directors approved by a majority of its members, requests that the authority be revoked.

(2) This subsection does not apply to domestic mutual legal reserve life insurers.

Acts 1959, No. 148, §§ 477, 478; A.S.A. 1947, §§ 66-4225, 66-4226.
Ark. Code Ann. § 23-4-614 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-614
Railroads - Freight rates on crushed stone, sand, and gravel
Status: in_force

(a) The maximum rates which any corporation, officer of court, trustee, person, or association of persons operating any railroad line in this state shall be authorized to charge or collect for the transportation by freight from any point within this state to any other point within this state of loads of crushed stone, sand, or gravel in carload lots, shall be as follows: (1) Twenty-five (25) miles and under, forty cents (40¢) per ton; (2) Up to and including fifty (50) miles and over twenty-five (25) miles, fifty cents (50¢) per ton; (3) Up to and including seventy-five (75) miles and over fifty (50) miles, sixty cents (60¢) per ton; (4) Up to and including one hundred (100) miles and over seventy-five (75) miles, seventy cents (70¢) per ton; (5) Up to and including one hundred fifty (150) miles and over one hundred (100) miles, eighty cents (80¢) per ton; (6) Up to and including two hundred (200) miles and over one hundred fifty (150) miles, one dollar ($1.00) per ton; (7) Up to and including two hundred fifty (250) miles and over two hundred (200) miles, one dollar and fifty cents ($1.50) per ton; (8) Up to and including three hundred (300) miles and over two hundred fifty (250) miles, one dollar and forty cents ($1.40) per ton; and (9) Up to and including four hundred (400) miles and over three hundred (300) miles, one dollar and sixty cents ($1.60) per ton. (b) When shipments are transported over two (2) lines of railroad, an additional charge of thirty cents (30¢) per ton may be made and, when transported over three (3) or more lines, an additional charge of forty cents (40¢) per ton may be made. (c) A ton, for the purpose of this section, shall be deemed to be two thousand pounds (2,000 lbs.). (d) (1) The minimum weight upon which the rates shall be calculated shall be the marked capacity of the car in which the shipment is loaded. (2) However, when the shipper orders a smaller capacity and when the carrier, for its own convenience, places a larger capacity car, then in such cases the carrier shall not charge or collect freight on any greater weight than that actually loaded in the car, except that the weight charged for shall not be less than the marked loading capacity of the car ordered by the shipper. (3) In every case in which a larger car is placed for loading than is ordered by the shipper, the carrier billing same shall make proper notation both in the bill of lading and the waybill instructing the destination agent as to such fact, to the end that the freight may be calculated upon the basis herein provided and overcharges avoided. (e) However, the rates prescribed in this section shall apply only to crushed stone, sand, and gravel suitable for use in road building. In order to make the rate available, the shipper shall deliver to the carrier with each shipment a certificate to the effect that the crushed stone, sand, or gravel embraced in the shipment is suitable for and designed to be used in the construction of public highways in this state, and the consignee shall deliver to the carrier, upon receiving the shipment, a certificate of like effect. (f) (1) If any person or corporation operating any railroad in this state, or any receiver, trustee, or lessee of any such person or corporation shall violate any provision of this section by charging a greater rate on any shipment or any commodity named in this section than is prescribed in this section, the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each and every violation of this section. (2) The penalty may be recovered by an action brought in the name of the State of Arkansas in any county in which any portion of any line of railroad owned or operated by any such person or corporation, receiver, trustee, or lessee may be situated. Acts 1919, No. 185, §§ 1, 2; C. & M. Dig., §§ 866, 867; Pope's Dig., §§ 1070, 1071; A.S.A. 1947, 73-1419, 73-1420.

(a) The maximum rates which any corporation, officer of court, trustee, person, or association of persons operating any railroad line in this state shall be authorized to charge or collect for the transportation by freight from any point within this state to any other point within this state of loads of crushed stone, sand, or gravel in carload lots, shall be as follows: (1) Twenty-five (25) miles and under, forty cents (40¢) per ton; (2) Up to and including fifty (50) miles and over twenty-five (25) miles, fifty cents (50¢) per ton; (3) Up to and including seventy-five (75) miles and over fifty (50) miles, sixty cents (60¢) per ton; (4) Up to and including one hundred (100) miles and over seventy-five (75) miles, seventy cents (70¢) per ton; (5) Up to and including one hundred fifty (150) miles and over one hundred (100) miles, eighty cents (80¢) per ton; (6) Up to and including two hundred (200) miles and over one hundred fifty (150) miles, one dollar ($1.00) per ton; (7) Up to and including two hundred fifty (250) miles and over two hundred (200) miles, one dollar and fifty cents ($1.50) per ton; (8) Up to and including three hundred (300) miles and over two hundred fifty (250) miles, one dollar and forty cents ($1.40) per ton; and (9) Up to and including four hundred (400) miles and over three hundred (300) miles, one dollar and sixty cents ($1.60) per ton.

(1) Twenty-five (25) miles and under, forty cents (40¢) per ton;

(2) Up to and including fifty (50) miles and over twenty-five (25) miles, fifty cents (50¢) per ton;

(3) Up to and including seventy-five (75) miles and over fifty (50) miles, sixty cents (60¢) per ton;

(4) Up to and including one hundred (100) miles and over seventy-five (75) miles, seventy cents (70¢) per ton;

(5) Up to and including one hundred fifty (150) miles and over one hundred (100) miles, eighty cents (80¢) per ton;

(6) Up to and including two hundred (200) miles and over one hundred fifty (150) miles, one dollar ($1.00) per ton;

(7) Up to and including two hundred fifty (250) miles and over two hundred (200) miles, one dollar and fifty cents ($1.50) per ton;

(8) Up to and including three hundred (300) miles and over two hundred fifty (250) miles, one dollar and forty cents ($1.40) per ton; and

(9) Up to and including four hundred (400) miles and over three hundred (300) miles, one dollar and sixty cents ($1.60) per ton.

(b) When shipments are transported over two (2) lines of railroad, an additional charge of thirty cents (30¢) per ton may be made and, when transported over three (3) or more lines, an additional charge of forty cents (40¢) per ton may be made.

(c) A ton, for the purpose of this section, shall be deemed to be two thousand pounds (2,000 lbs.).

(d) (1) The minimum weight upon which the rates shall be calculated shall be the marked capacity of the car in which the shipment is loaded. (2) However, when the shipper orders a smaller capacity and when the carrier, for its own convenience, places a larger capacity car, then in such cases the carrier shall not charge or collect freight on any greater weight than that actually loaded in the car, except that the weight charged for shall not be less than the marked loading capacity of the car ordered by the shipper. (3) In every case in which a larger car is placed for loading than is ordered by the shipper, the carrier billing same shall make proper notation both in the bill of lading and the waybill instructing the destination agent as to such fact, to the end that the freight may be calculated upon the basis herein provided and overcharges avoided.

(1) The minimum weight upon which the rates shall be calculated shall be the marked capacity of the car in which the shipment is loaded.

(2) However, when the shipper orders a smaller capacity and when the carrier, for its own convenience, places a larger capacity car, then in such cases the carrier shall not charge or collect freight on any greater weight than that actually loaded in the car, except that the weight charged for shall not be less than the marked loading capacity of the car ordered by the shipper.

(3) In every case in which a larger car is placed for loading than is ordered by the shipper, the carrier billing same shall make proper notation both in the bill of lading and the waybill instructing the destination agent as to such fact, to the end that the freight may be calculated upon the basis herein provided and overcharges avoided.

(e) However, the rates prescribed in this section shall apply only to crushed stone, sand, and gravel suitable for use in road building. In order to make the rate available, the shipper shall deliver to the carrier with each shipment a certificate to the effect that the crushed stone, sand, or gravel embraced in the shipment is suitable for and designed to be used in the construction of public highways in this state, and the consignee shall deliver to the carrier, upon receiving the shipment, a certificate of like effect.

(f) (1) If any person or corporation operating any railroad in this state, or any receiver, trustee, or lessee of any such person or corporation shall violate any provision of this section by charging a greater rate on any shipment or any commodity named in this section than is prescribed in this section, the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each and every violation of this section. (2) The penalty may be recovered by an action brought in the name of the State of Arkansas in any county in which any portion of any line of railroad owned or operated by any such person or corporation, receiver, trustee, or lessee may be situated.

(1) If any person or corporation operating any railroad in this state, or any receiver, trustee, or lessee of any such person or corporation shall violate any provision of this section by charging a greater rate on any shipment or any commodity named in this section than is prescribed in this section, the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each and every violation of this section.

(2) The penalty may be recovered by an action brought in the name of the State of Arkansas in any county in which any portion of any line of railroad owned or operated by any such person or corporation, receiver, trustee, or lessee may be situated.

Acts 1919, No. 185, §§ 1, 2; C. & M. Dig., §§ 866, 867; Pope's Dig., §§ 1070, 1071; A.S.A. 1947, 73-1419, 73-1420.
Ark. Code Ann. § 23-40-108 — AR Code / Title 23 / Chapter 40 / Section 23-40-108
Administration
Status: in_force

(a) This chapter shall be administered by the Insurance Commissioner. (b) The commissioner is authorized to prescribe reasonable rules concerning keeping and inspection of records, the filing of contracts and reports, and all other matters incidental to the orderly administration of this chapter. (c) The commissioner is authorized to employ the personnel necessary to carry out the provisions of this chapter and to fix their compensation within the amounts made available by appropriation. (d) The commissioner may make and promulgate reasonable rules for the administration of this chapter and for the purpose of carrying out the intent hereof. Amended by Act 2019, No. 315,§ 2503, eff. 7/24/2019. Acts 1985, No. 156, §§ 4, 14; A.S.A. 1947, §§ 67-1716, 67-1726; Acts 1995, No. 852, § 2.

(a) This chapter shall be administered by the Insurance Commissioner.

(b) The commissioner is authorized to prescribe reasonable rules concerning keeping and inspection of records, the filing of contracts and reports, and all other matters incidental to the orderly administration of this chapter.

(c) The commissioner is authorized to employ the personnel necessary to carry out the provisions of this chapter and to fix their compensation within the amounts made available by appropriation.

(d) The commissioner may make and promulgate reasonable rules for the administration of this chapter and for the purpose of carrying out the intent hereof.

Amended by Act 2019, No. 315,§ 2503, eff. 7/24/2019.

Acts 1985, No. 156, §§ 4, 14; A.S.A. 1947, §§ 67-1716, 67-1726; Acts 1995, No. 852, § 2.
Ark. Code Ann. § 23-112-801 — AR Code / Title 23 / Chapter 112 / Subchapter 8 / Section 23-112-801
Findings
Status: in_force

The General Assembly finds that: (1) A special event sponsored by a city, county, nonprofit entity, or special event owners' organization draws people from all over the state, other states, and even other countries; (2) A special event can provide a valuable increase in tourism for the state; and (3) The laws and rules related to the display and sale of special event vehicles at a special event should be modified to lessen the restrictions that are hampering economic growth. Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023. Acts 2007, No. 235, § 1.

The General Assembly finds that:

(1) A special event sponsored by a city, county, nonprofit entity, or special event owners' organization draws people from all over the state, other states, and even other countries;

(2) A special event can provide a valuable increase in tourism for the state; and

(3) The laws and rules related to the display and sale of special event vehicles at a special event should be modified to lessen the restrictions that are hampering economic growth.

Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.

Acts 2007, No. 235, § 1.
Ark. Code Ann. § 23-79-123 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-123
Renewal by certificate
Status: in_force

(a) (1) Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option of the insurer upon a currently authorized policy form and at the premium rate then required for that type of policy, for a specific additional period or periods by certificate or by endorsement of the policy or by electronic certificate or electronic endorsement properly executed and without requiring the issuance of a new policy. (2) The insurer shall retain the electronic transmittal and a copy of the certificate or endorsement as a part of the insurer's records. (b) By reasonable rules or by order the Insurance Commissioner may deny the use of such certificates for renewal of such types of policies or in such circumstances as may be necessary or advisable to protect insureds who may otherwise hold forms of policies which no longer contain all of the benefits or conditions applicable under similar policies currently issued by the same insurer. (c) The provisions of this section shall not apply to policies issued for large commercial risks. Amended by Act 2019, No. 315,§ 2708, eff. 7/24/2019. Acts 1959, No. 148, § 289; A.S.A. 1947, § 66-3222; Acts 1999, No. 458, § 7; 2005, No. 506, § 40.

(a) (1) Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option of the insurer upon a currently authorized policy form and at the premium rate then required for that type of policy, for a specific additional period or periods by certificate or by endorsement of the policy or by electronic certificate or electronic endorsement properly executed and without requiring the issuance of a new policy. (2) The insurer shall retain the electronic transmittal and a copy of the certificate or endorsement as a part of the insurer's records.

(1) Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option of the insurer upon a currently authorized policy form and at the premium rate then required for that type of policy, for a specific additional period or periods by certificate or by endorsement of the policy or by electronic certificate or electronic endorsement properly executed and without requiring the issuance of a new policy.

(2) The insurer shall retain the electronic transmittal and a copy of the certificate or endorsement as a part of the insurer's records.

(b) By reasonable rules or by order the Insurance Commissioner may deny the use of such certificates for renewal of such types of policies or in such circumstances as may be necessary or advisable to protect insureds who may otherwise hold forms of policies which no longer contain all of the benefits or conditions applicable under similar policies currently issued by the same insurer.

(c) The provisions of this section shall not apply to policies issued for large commercial risks.

Amended by Act 2019, No. 315,§ 2708, eff. 7/24/2019.

Acts 1959, No. 148, § 289; A.S.A. 1947, § 66-3222; Acts 1999, No. 458, § 7; 2005, No. 506, § 40.
Ark. Code Ann. § 23-4-202 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-202
Water, gas, or electricity bills rendered in accordance with rate schedules - Rate schedule furnished on request
Status: in_force

(a) It shall be unlawful for any public utility furnishing water, gas, or electricity to the general public in the State of Arkansas to bill or render statements to its customers, patrons, or consumers except in accordance with rate schedules duly filed with the Arkansas Public Service Commission in the manner provided by law. (b) On request by any customer, patron, or consumer, a public utility engaged in the business of the sale or distribution of water, gas, or electricity to the general public shall furnish a copy of the rate schedule under which the customer, patron, or consumer making the request is billed for the service. (c) (1) Upon a finding by the commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility. (2) Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation. (3) The power and authority of the commission to impose civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law. (4) The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund. (5) The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§ 23-2-422 - 23-2-424 . Acts 1951, No. 156, §§ 1, 2; 1985, No. 688, § 1; A.S.A. 1947, §§ 73-205.1, 73-205.2.

(a) It shall be unlawful for any public utility furnishing water, gas, or electricity to the general public in the State of Arkansas to bill or render statements to its customers, patrons, or consumers except in accordance with rate schedules duly filed with the Arkansas Public Service Commission in the manner provided by law.

(b) On request by any customer, patron, or consumer, a public utility engaged in the business of the sale or distribution of water, gas, or electricity to the general public shall furnish a copy of the rate schedule under which the customer, patron, or consumer making the request is billed for the service.

(c) (1) Upon a finding by the commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility. (2) Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation. (3) The power and authority of the commission to impose civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law. (4) The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund. (5) The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§ 23-2-422 - 23-2-424 .

(1) Upon a finding by the commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility.

(2) Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation.

(3) The power and authority of the commission to impose civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law.

(4) The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund.

(5) The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§ 23-2-422 - 23-2-424 .

Acts 1951, No. 156, §§ 1, 2; 1985, No. 688, § 1; A.S.A. 1947, §§ 73-205.1, 73-205.2.
Ark. Code Ann. § 23-112-303 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-303
Application fees
Status: in_force

(a) All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter. (b) In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant. (c) The schedule of license fees to be charged and received by the Arkansas Motor Vehicle Commission for the licenses issued under this subchapter shall be as follows: (1) For each manufacturer, distributor, factory branch and division, or distributor branch and division, second-stage manufacturer, importer, and converter, nine hundred dollars ($900); (2) For each motor vehicle dealer or motor vehicle lessor, one hundred dollars ($100); (3) For each manufacturer, distributor, or factory representative, four hundred dollars ($400); (4) For each branch location, twenty-five dollars ($25.00); and (5) For each replacement certificate of license, ten dollars ($10.00). (d) (1) A person, firm, or corporation required to be licensed under this subchapter that fails to make application for the license at the time required shall pay a penalty of fifty percent (50%) of the amount of the license fee for each thirty (30) days of default, in addition to the fees required to be paid under subsection (c) of this section. (2) The penalty under subdivision (d)(1) of this section may be waived, in whole or in part, within the discretion of the commission. Amended by Act 2021, No. 504,§ 7, eff. 7/28/2021. Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 6; 1997, No. 1154, § 14; 2001, No. 1053, § 4.

(a) All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter.

(b) In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applicant.

(c) The schedule of license fees to be charged and received by the Arkansas Motor Vehicle Commission for the licenses issued under this subchapter shall be as follows: (1) For each manufacturer, distributor, factory branch and division, or distributor branch and division, second-stage manufacturer, importer, and converter, nine hundred dollars ($900); (2) For each motor vehicle dealer or motor vehicle lessor, one hundred dollars ($100); (3) For each manufacturer, distributor, or factory representative, four hundred dollars ($400); (4) For each branch location, twenty-five dollars ($25.00); and (5) For each replacement certificate of license, ten dollars ($10.00).

(1) For each manufacturer, distributor, factory branch and division, or distributor branch and division, second-stage manufacturer, importer, and converter, nine hundred dollars ($900);

(2) For each motor vehicle dealer or motor vehicle lessor, one hundred dollars ($100);

(3) For each manufacturer, distributor, or factory representative, four hundred dollars ($400);

(4) For each branch location, twenty-five dollars ($25.00); and

(5) For each replacement certificate of license, ten dollars ($10.00).

(d) (1) A person, firm, or corporation required to be licensed under this subchapter that fails to make application for the license at the time required shall pay a penalty of fifty percent (50%) of the amount of the license fee for each thirty (30) days of default, in addition to the fees required to be paid under subsection (c) of this section. (2) The penalty under subdivision (d)(1) of this section may be waived, in whole or in part, within the discretion of the commission.

(1) A person, firm, or corporation required to be licensed under this subchapter that fails to make application for the license at the time required shall pay a penalty of fifty percent (50%) of the amount of the license fee for each thirty (30) days of default, in addition to the fees required to be paid under subsection (c) of this section.

(2) The penalty under subdivision (d)(1) of this section may be waived, in whole or in part, within the discretion of the commission.

Amended by Act 2021, No. 504,§ 7, eff. 7/28/2021.

Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 6; 1997, No. 1154, § 14; 2001, No. 1053, § 4.
Ark. Code Ann. § 23-63-512 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-512
Control of or merger with domestic insurer - Jurisdiction of courts - Service of process
Status: in_force

(a) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files a statement with the Insurance Commissioner under §§ 23-63-506 - 23-63-513 and over all actions involving that person arising out of violations of §§ 23-63-506 - 23-63-513 . (b) (1) Each person shall be deemed to have performed acts equivalent to and constituting an appointment by the person of the commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of §§ 23-63-506 - 23-63-513 . (2) Copies of all lawful process shall be served on the commissioner and transmitted by registered or certified mail by the commissioner to the person at the person's last known address. Acts 1971, No. 288, § 5; A.S.A. 1947, § 66-5005.

(a) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files a statement with the Insurance Commissioner under §§ 23-63-506 - 23-63-513 and over all actions involving that person arising out of violations of §§ 23-63-506 - 23-63-513 .

(b) (1) Each person shall be deemed to have performed acts equivalent to and constituting an appointment by the person of the commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of §§ 23-63-506 - 23-63-513 . (2) Copies of all lawful process shall be served on the commissioner and transmitted by registered or certified mail by the commissioner to the person at the person's last known address.

(1) Each person shall be deemed to have performed acts equivalent to and constituting an appointment by the person of the commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of §§ 23-63-506 - 23-63-513 .

(2) Copies of all lawful process shall be served on the commissioner and transmitted by registered or certified mail by the commissioner to the person at the person's last known address.

Acts 1971, No. 288, § 5; A.S.A. 1947, § 66-5005.
Ark. Code Ann. § 23-3-313 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-313
Judicial review
Status: in_force

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission in the proceeding may obtain a review of the order in the Court of Appeals pursuant to the provisions of § 23-2-423 . Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 2.

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission in the proceeding may obtain a review of the order in the Court of Appeals pursuant to the provisions of § 23-2-423 .

Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 2.
Ark. Code Ann. § 23-32-209 — AR Code / Title 23 / Chapter 32 / Subchapter 2 / Section 23-32-209
Misleading actions or use of words by unauthorized persons
Status: in_force

(a) (1) All persons except those described in subdivision (a)(2) of this section are prohibited from using in this state as a portion of or in connection with their place of business their name or title or in reference to themselves in their stationery or advertising the following words or phrases, alone or in combination with any other word or phrase: "bank", "banker", "bankers", "banking", "federal reserve", "trust company", "trust", "savings and loan", "credit union", "building and loan", or any other word or phrase that tends to induce the belief that the party using it is authorized to engage in the business of a bank, trust company, savings and loan association, or credit union. (2) The prohibitions contained in subdivision (a)(1) of this section shall not apply to those persons that discharge the burden of proving their authority to use the words or phrases described in subdivision (a)(1) of this section under the laws of this or another state or of the United States. (b) All persons except those described in subdivision (a)(2) of this section are prohibited from doing or soliciting business in this state substantially in the manner or so as to induce the belief that the business in whole or in part is that of a bank, savings bank, trust company, credit union, or savings and loan association, either by the sale of contract or of shares of its capital stock upon partial or installment payments thereof, by the receipt of money, savings, dues, or other deposits or by the issuance of certificates of deposit or certificates of investment of money, savings, or dues. (c) Nothing in this section shall be construed as preventing the use of the word "bankers" in combination with other words in connection with the place of business, name, and title of any finance or investment company operated in connection with, as a subsidiary to, or having joint offices with a bank or trust company in this state if the bank or trust company is subject to the supervision of the Bank Commissioner and if the bank or trust company has the word "bankers" alone or in combination with other words in its name or title. (d) Each violation of subsection (a) of this section shall constitute a Class A misdemeanor. (e) It is declared to be public policy that this law be liberally construed in favor of its enforcement. (f) Nothing in this section shall be construed to authorize any person to engage in any activity not otherwise authorized under Arkansas law. (g) "Person", when used in this section, means an individual, corporation, partnership, joint venture, trust, estate, limited liability company, or other unincorporated association or any other legal or commercial entity. Acts 1997, No. 87, § 1; 2005, No. 1994, § 353.

(a) (1) All persons except those described in subdivision (a)(2) of this section are prohibited from using in this state as a portion of or in connection with their place of business their name or title or in reference to themselves in their stationery or advertising the following words or phrases, alone or in combination with any other word or phrase: "bank", "banker", "bankers", "banking", "federal reserve", "trust company", "trust", "savings and loan", "credit union", "building and loan", or any other word or phrase that tends to induce the belief that the party using it is authorized to engage in the business of a bank, trust company, savings and loan association, or credit union. (2) The prohibitions contained in subdivision (a)(1) of this section shall not apply to those persons that discharge the burden of proving their authority to use the words or phrases described in subdivision (a)(1) of this section under the laws of this or another state or of the United States.

(1) All persons except those described in subdivision (a)(2) of this section are prohibited from using in this state as a portion of or in connection with their place of business their name or title or in reference to themselves in their stationery or advertising the following words or phrases, alone or in combination with any other word or phrase: "bank", "banker", "bankers", "banking", "federal reserve", "trust company", "trust", "savings and loan", "credit union", "building and loan", or any other word or phrase that tends to induce the belief that the party using it is authorized to engage in the business of a bank, trust company, savings and loan association, or credit union.

(2) The prohibitions contained in subdivision (a)(1) of this section shall not apply to those persons that discharge the burden of proving their authority to use the words or phrases described in subdivision (a)(1) of this section under the laws of this or another state or of the United States.

(b) All persons except those described in subdivision (a)(2) of this section are prohibited from doing or soliciting business in this state substantially in the manner or so as to induce the belief that the business in whole or in part is that of a bank, savings bank, trust company, credit union, or savings and loan association, either by the sale of contract or of shares of its capital stock upon partial or installment payments thereof, by the receipt of money, savings, dues, or other deposits or by the issuance of certificates of deposit or certificates of investment of money, savings, or dues.

(c) Nothing in this section shall be construed as preventing the use of the word "bankers" in combination with other words in connection with the place of business, name, and title of any finance or investment company operated in connection with, as a subsidiary to, or having joint offices with a bank or trust company in this state if the bank or trust company is subject to the supervision of the Bank Commissioner and if the bank or trust company has the word "bankers" alone or in combination with other words in its name or title.

(d) Each violation of subsection (a) of this section shall constitute a Class A misdemeanor.

(e) It is declared to be public policy that this law be liberally construed in favor of its enforcement.

(f) Nothing in this section shall be construed to authorize any person to engage in any activity not otherwise authorized under Arkansas law.

(g) "Person", when used in this section, means an individual, corporation, partnership, joint venture, trust, estate, limited liability company, or other unincorporated association or any other legal or commercial entity.

Acts 1997, No. 87, § 1; 2005, No. 1994, § 353.
Ark. Code Ann. § 23-4-715 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-715
Complaints - Hearings
Status: in_force

It shall be the duty of the Arkansas Department of Transportation to hear all complaints made by any person, firm, or corporation against any such tariff of charges so approved, to hear the parties to the controversy in person or by attorney, or both. The department may take testimony, orally or in writing, and regulate argument thereon and conduct the investigation of such complaints in such manner as to the department may seem best adapted to arrive at the truth. When any changes are made in any tariff of charges, notice thereof shall be given to the person or corporation to be affected thereby. Amended by Act 2017, No. 707,§ 139, eff. 8/1/2017. Acts 1899, No. 53, § 15, p. 82; C. & M. Dig., § 1689; Pope's Dig., § 1993; A.S.A. 1947, § 73-1518.

It shall be the duty of the Arkansas Department of Transportation to hear all complaints made by any person, firm, or corporation against any such tariff of charges so approved, to hear the parties to the controversy in person or by attorney, or both. The department may take testimony, orally or in writing, and regulate argument thereon and conduct the investigation of such complaints in such manner as to the department may seem best adapted to arrive at the truth. When any changes are made in any tariff of charges, notice thereof shall be given to the person or corporation to be affected thereby.

Amended by Act 2017, No. 707,§ 139, eff. 8/1/2017.

Acts 1899, No. 53, § 15, p. 82; C. & M. Dig., § 1689; Pope's Dig., § 1993; A.S.A. 1947, § 73-1518.
Ark. Code Ann. § 23-47-906 — AR Code / Title 23 / Chapter 47 / Subchapter 9 / Section 23-47-906
Remedies and procedures for nonpayment of rent
Status: in_force

(a) If the safe-deposit box rental is delinquent for six (6) months, the bank, after at least thirty (30) days' notice by certified mail, return receipt requested, addressed to the lessee at the lessee's last known address on the books of the bank, may, if the rent is not paid within the time specified in the notice, open the safe-deposit box in the presence of a notary public and two (2) employees, at least one (1) of whom is an officer of the bank. (b) The bank shall inventory the contents of the safe-deposit box in detail and place the contents of the safe-deposit box in a sealed envelope or container bearing the name of the lessee. (c) (1) The bank shall hold the contents of the safe-deposit box subject to a lien for its rental, the cost of opening the safe-deposit box, and the damages in connection therewith. (2) If the rental, cost, damages, and any other lawful charges for the use of the safe-deposit box or the holding of the contents of the safe-deposit box are not paid within two (2) years from the date of opening of the safe-deposit box, the bank may sell at that time or at any time before the period of time established by § 18-28-203 from the date the safe-deposit box lease expired, any of the contents of the safe-deposit box at public auction in the manner and upon the notice as is prescribed for the sale of real property under mortgage or deed of trust. (3) Any unauctioned contents of safe-deposit boxes and any excess proceeds from the sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq. Amended by Act 2019, No. 63,§ 1, eff. 7/24/2019. Acts 1997, No. 89, § 1.

(a) If the safe-deposit box rental is delinquent for six (6) months, the bank, after at least thirty (30) days' notice by certified mail, return receipt requested, addressed to the lessee at the lessee's last known address on the books of the bank, may, if the rent is not paid within the time specified in the notice, open the safe-deposit box in the presence of a notary public and two (2) employees, at least one (1) of whom is an officer of the bank.

(b) The bank shall inventory the contents of the safe-deposit box in detail and place the contents of the safe-deposit box in a sealed envelope or container bearing the name of the lessee.

(c) (1) The bank shall hold the contents of the safe-deposit box subject to a lien for its rental, the cost of opening the safe-deposit box, and the damages in connection therewith. (2) If the rental, cost, damages, and any other lawful charges for the use of the safe-deposit box or the holding of the contents of the safe-deposit box are not paid within two (2) years from the date of opening of the safe-deposit box, the bank may sell at that time or at any time before the period of time established by § 18-28-203 from the date the safe-deposit box lease expired, any of the contents of the safe-deposit box at public auction in the manner and upon the notice as is prescribed for the sale of real property under mortgage or deed of trust. (3) Any unauctioned contents of safe-deposit boxes and any excess proceeds from the sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq.

(1) The bank shall hold the contents of the safe-deposit box subject to a lien for its rental, the cost of opening the safe-deposit box, and the damages in connection therewith.

(2) If the rental, cost, damages, and any other lawful charges for the use of the safe-deposit box or the holding of the contents of the safe-deposit box are not paid within two (2) years from the date of opening of the safe-deposit box, the bank may sell at that time or at any time before the period of time established by § 18-28-203 from the date the safe-deposit box lease expired, any of the contents of the safe-deposit box at public auction in the manner and upon the notice as is prescribed for the sale of real property under mortgage or deed of trust.

(3) Any unauctioned contents of safe-deposit boxes and any excess proceeds from the sale shall be remitted to the Auditor of State under the procedures prescribed by § 18-28-201 et seq.

Amended by Act 2019, No. 63,§ 1, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-46-202 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-202
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 579, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6253, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 58, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 58, eff. 7/1/2015. Acts 1997, No. 89, § 1; 2007, No. 426, § 1.

Repealed by Act 2019, No. 910,§ 579, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6253, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 58, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 58, eff. 7/1/2015.

Acts 1997, No. 89, § 1; 2007, No. 426, § 1.
Ark. Code Ann. § 23-13-707 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-707
Identification of transportation network company drivers and motor vehicles
Status: in_force

Before a passenger enters the transportation network company driver's motor vehicle, the transportation network company website, digital network, or software application used by the transportation network company to arrange the transportation network company service shall display: (1) A picture of the transportation network company driver; and (2) The license plate number of the motor vehicle the transportation network company driver will use to provide the transportation network company service. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

Before a passenger enters the transportation network company driver's motor vehicle, the transportation network company website, digital network, or software application used by the transportation network company to arrange the transportation network company service shall display:

(1) A picture of the transportation network company driver; and

(2) The license plate number of the motor vehicle the transportation network company driver will use to provide the transportation network company service.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-112-1003 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Area of sales responsibility" means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement where the dealer has the exclusive right to display or sell the manufacturer or distributor's new recreational vehicles of a particular line-make to the retail public; (2) "Dealer" means a person, firm, corporation, or business entity that is: (A) Engaged in the business of selling or offering to sell, selling and servicing, soliciting, or advertising the selling or selling and servicing of recreational vehicles under a manufacturer's warranty; and (B) Located at an established and permanent place of business under a dealer agreement; (3) "Dealer agreement" means a written agreement, contract, franchise agreement, or sales and service agreement that: (A) Is entered into between a manufacturer or distributor and a dealer; (B) Establishes the rights, responsibilities, and obligations of the manufacturer or distributor and a dealer; and (C) Authorizes the dealer to sell new recreational vehicles; (4) "Distributor" means a person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers; (5) "Factory campaign" means an effort on the part of a warrantor to contact recreational vehicle owners or dealers to address a part or equipment issue; (6) "Factory representative" means a representative employed by a person, firm, association, corporation, or trust that manufactures, assembles, or distributes new recreational vehicles; (7) "Family member" means: (A) A spouse; (B) A child, grandchild, parent, sibling, niece, or nephew; or (C) The spouse of a child, grandchild, parent, sibling, niece, or nephew; (8) "Fifth wheel travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle; (9) "Folding camping trailer" means a recreational vehicle designed to be towed by a motorized vehicle that is constructed with partially collapsible side walls that fold for travel and unfold and extend in the set-up mode; (10) "Line-make" means a specific series of recreational vehicle products that: (A) Are identified by a common series trade name or trademark; (B) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range; (C) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight; (D) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and (E) The dealer agreement authorizes a dealer to sell; (11) "Manufacturer" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles; (12) "Motor home" means a recreational vehicle built on a self-propelled motor vehicle chassis that contains at least four (4) of the following permanently installed independent life support systems: (A) A cooking facility with an on-board fuel source; (B) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection; (C) A toilet with exterior evacuation; (D) A gas or electric refrigerator; (E) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or (F) An electric power supply of one hundred ten to one hundred twenty-five volts (110-125 V); (13) "Person" means, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations, trusts, or any other form of business enterprise or other legal entity; (14) "Proprietary part" means a recreational vehicle part: (A) Manufactured by or for a manufacturer; and (B) Sold exclusively by the manufacturer; (15) "Recreational vehicle": (A) Means a vehicle that: (i) Has its own motor power or is towed by another vehicle; (ii) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use; (iii) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and (iv) Does not require a special-movement permit to legally use the highways; and (B) Includes without limitation a: (i) Motor home; (ii) Travel trailer; (iii) Fifth wheel travel trailer; and (iv) Folding camping trailer; (16) "Supplier" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components; (17) "Transient customer" means a person who: (A) Owns a recreational vehicle; (B) Is temporarily traveling through a dealer's area of sales responsibility; (C) Engages a dealer to perform service work on that recreational vehicle; and (D) Requires repairs that relate to the safe operation of that recreational vehicle that if not undertaken are of a nature that would render that recreational vehicle unusable for its intended purpose; (18) "Travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle; and (19) (A) "Warrantor" means a person, firm, corporation, or business entity, including without limitation a manufacturer or supplier, that provides a written warranty to the consumer in connection with a new recreational vehicle or accessories, parts, or components of a new recreational vehicle. (B) "Warrantor" does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer. Amended by Act 2021, No. 504,§ 13, eff. 7/28/2021. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

As used in this subchapter:

(1) "Area of sales responsibility" means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement where the dealer has the exclusive right to display or sell the manufacturer or distributor's new recreational vehicles of a particular line-make to the retail public;

(2) "Dealer" means a person, firm, corporation, or business entity that is: (A) Engaged in the business of selling or offering to sell, selling and servicing, soliciting, or advertising the selling or selling and servicing of recreational vehicles under a manufacturer's warranty; and (B) Located at an established and permanent place of business under a dealer agreement;

(A) Engaged in the business of selling or offering to sell, selling and servicing, soliciting, or advertising the selling or selling and servicing of recreational vehicles under a manufacturer's warranty; and

(B) Located at an established and permanent place of business under a dealer agreement;

(3) "Dealer agreement" means a written agreement, contract, franchise agreement, or sales and service agreement that: (A) Is entered into between a manufacturer or distributor and a dealer; (B) Establishes the rights, responsibilities, and obligations of the manufacturer or distributor and a dealer; and (C) Authorizes the dealer to sell new recreational vehicles;

(A) Is entered into between a manufacturer or distributor and a dealer;

(B) Establishes the rights, responsibilities, and obligations of the manufacturer or distributor and a dealer; and

(C) Authorizes the dealer to sell new recreational vehicles;

(4) "Distributor" means a person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers;

(5) "Factory campaign" means an effort on the part of a warrantor to contact recreational vehicle owners or dealers to address a part or equipment issue;

(6) "Factory representative" means a representative employed by a person, firm, association, corporation, or trust that manufactures, assembles, or distributes new recreational vehicles;

(7) "Family member" means: (A) A spouse; (B) A child, grandchild, parent, sibling, niece, or nephew; or (C) The spouse of a child, grandchild, parent, sibling, niece, or nephew;

(A) A spouse;

(B) A child, grandchild, parent, sibling, niece, or nephew; or

(C) The spouse of a child, grandchild, parent, sibling, niece, or nephew;

(8) "Fifth wheel travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle;

(9) "Folding camping trailer" means a recreational vehicle designed to be towed by a motorized vehicle that is constructed with partially collapsible side walls that fold for travel and unfold and extend in the set-up mode;

(10) "Line-make" means a specific series of recreational vehicle products that: (A) Are identified by a common series trade name or trademark; (B) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range; (C) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight; (D) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and (E) The dealer agreement authorizes a dealer to sell;

(A) Are identified by a common series trade name or trademark;

(B) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

(C) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;

(D) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

(E) The dealer agreement authorizes a dealer to sell;

(11) "Manufacturer" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles;

(12) "Motor home" means a recreational vehicle built on a self-propelled motor vehicle chassis that contains at least four (4) of the following permanently installed independent life support systems: (A) A cooking facility with an on-board fuel source; (B) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection; (C) A toilet with exterior evacuation; (D) A gas or electric refrigerator; (E) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or (F) An electric power supply of one hundred ten to one hundred twenty-five volts (110-125 V);

(A) A cooking facility with an on-board fuel source;

(B) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection;

(C) A toilet with exterior evacuation;

(D) A gas or electric refrigerator;

(E) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or

(F) An electric power supply of one hundred ten to one hundred twenty-five volts (110-125 V);

(13) "Person" means, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations, trusts, or any other form of business enterprise or other legal entity;

(14) "Proprietary part" means a recreational vehicle part: (A) Manufactured by or for a manufacturer; and (B) Sold exclusively by the manufacturer;

(A) Manufactured by or for a manufacturer; and

(B) Sold exclusively by the manufacturer;

(15) "Recreational vehicle": (A) Means a vehicle that: (i) Has its own motor power or is towed by another vehicle; (ii) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use; (iii) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and (iv) Does not require a special-movement permit to legally use the highways; and (B) Includes without limitation a: (i) Motor home; (ii) Travel trailer; (iii) Fifth wheel travel trailer; and (iv) Folding camping trailer;

(A) Means a vehicle that: (i) Has its own motor power or is towed by another vehicle; (ii) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use; (iii) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and (iv) Does not require a special-movement permit to legally use the highways; and

(i) Has its own motor power or is towed by another vehicle;

(ii) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use;

(iii) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and

(iv) Does not require a special-movement permit to legally use the highways; and

(B) Includes without limitation a: (i) Motor home; (ii) Travel trailer; (iii) Fifth wheel travel trailer; and (iv) Folding camping trailer;

(i) Motor home;

(ii) Travel trailer;

(iii) Fifth wheel travel trailer; and

(iv) Folding camping trailer;

(16) "Supplier" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components;

(17) "Transient customer" means a person who: (A) Owns a recreational vehicle; (B) Is temporarily traveling through a dealer's area of sales responsibility; (C) Engages a dealer to perform service work on that recreational vehicle; and (D) Requires repairs that relate to the safe operation of that recreational vehicle that if not undertaken are of a nature that would render that recreational vehicle unusable for its intended purpose;

(A) Owns a recreational vehicle;

(B) Is temporarily traveling through a dealer's area of sales responsibility;

(C) Engages a dealer to perform service work on that recreational vehicle; and

(D) Requires repairs that relate to the safe operation of that recreational vehicle that if not undertaken are of a nature that would render that recreational vehicle unusable for its intended purpose;

(18) "Travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle; and

(19) (A) "Warrantor" means a person, firm, corporation, or business entity, including without limitation a manufacturer or supplier, that provides a written warranty to the consumer in connection with a new recreational vehicle or accessories, parts, or components of a new recreational vehicle. (B) "Warrantor" does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.

(A) "Warrantor" means a person, firm, corporation, or business entity, including without limitation a manufacturer or supplier, that provides a written warranty to the consumer in connection with a new recreational vehicle or accessories, parts, or components of a new recreational vehicle.

(B) "Warrantor" does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.

Amended by Act 2021, No. 504,§ 13, eff. 7/28/2021.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-69-111 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-111
Corporate powers and duties
Status: in_force

(a) An insurance corporation formed under §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , or existing on January 1, 1960, and of a type which might be formed under §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , shall have the same capacity to act possessed by individuals, but with authority to perform only such lawful acts as are necessary or proper to accomplish its purposes. (b) Without affecting the authority contained in subsection (a) of this section, every insurance corporation formed under §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 shall have the following corporate powers: (1) To have succession by its corporate name for the period stated in its articles; (2) To sue and be sued in a corporate name; (3) To adopt, use, and alter a corporate seal, which shall show the year of incorporation; (4) To acquire, hold, sell, use, dispose of, pledge, or mortgage any such property as its purpose may require, subject to any limitation prescribed by law or the articles of incorporation; (5) To transact insurance; (6) To conduct its affairs through its directors, officers, employees, agents, and representatives thereunto authorized; (7) To make bylaws not inconsistent with law for the exercise of its corporate powers; for the management, regulation, and government of its affairs and property, including, but not limited to, transfer of its stock and calling and holding of meetings of its directors, stockholders, or members; and to modify or amend the bylaws; (8) To exercise, subject to law and the express provisions of the articles of incorporation, all such incidental and subsidiary powers as may be necessary or convenient to the attainment of the objectives set forth in the articles; and (9) To dissolve and wind up, or be dissolved and wound up, in the manner provided by law. (c) An insurer shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto. Acts 1959, No. 148, §§ 460, 461; A.S.A. 1947, §§ 66-4208, 66-4209.

(a) An insurance corporation formed under §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , or existing on January 1, 1960, and of a type which might be formed under §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , shall have the same capacity to act possessed by individuals, but with authority to perform only such lawful acts as are necessary or proper to accomplish its purposes.

(b) Without affecting the authority contained in subsection (a) of this section, every insurance corporation formed under §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 shall have the following corporate powers: (1) To have succession by its corporate name for the period stated in its articles; (2) To sue and be sued in a corporate name; (3) To adopt, use, and alter a corporate seal, which shall show the year of incorporation; (4) To acquire, hold, sell, use, dispose of, pledge, or mortgage any such property as its purpose may require, subject to any limitation prescribed by law or the articles of incorporation; (5) To transact insurance; (6) To conduct its affairs through its directors, officers, employees, agents, and representatives thereunto authorized; (7) To make bylaws not inconsistent with law for the exercise of its corporate powers; for the management, regulation, and government of its affairs and property, including, but not limited to, transfer of its stock and calling and holding of meetings of its directors, stockholders, or members; and to modify or amend the bylaws; (8) To exercise, subject to law and the express provisions of the articles of incorporation, all such incidental and subsidiary powers as may be necessary or convenient to the attainment of the objectives set forth in the articles; and (9) To dissolve and wind up, or be dissolved and wound up, in the manner provided by law.

(1) To have succession by its corporate name for the period stated in its articles;

(2) To sue and be sued in a corporate name;

(3) To adopt, use, and alter a corporate seal, which shall show the year of incorporation;

(4) To acquire, hold, sell, use, dispose of, pledge, or mortgage any such property as its purpose may require, subject to any limitation prescribed by law or the articles of incorporation;

(5) To transact insurance;

(6) To conduct its affairs through its directors, officers, employees, agents, and representatives thereunto authorized;

(7) To make bylaws not inconsistent with law for the exercise of its corporate powers; for the management, regulation, and government of its affairs and property, including, but not limited to, transfer of its stock and calling and holding of meetings of its directors, stockholders, or members; and to modify or amend the bylaws;

(8) To exercise, subject to law and the express provisions of the articles of incorporation, all such incidental and subsidiary powers as may be necessary or convenient to the attainment of the objectives set forth in the articles; and

(9) To dissolve and wind up, or be dissolved and wound up, in the manner provided by law.

(c) An insurer shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes, subject to such limitations, if any, as may be contained in its articles of incorporation or any amendment thereto.

Acts 1959, No. 148, §§ 460, 461; A.S.A. 1947, §§ 66-4208, 66-4209.
Ark. Code Ann. § 23-74-703 — AR Code / Title 23 / Chapter 74 / Subchapter 7 / Section 23-74-703
Penalties
Status: in_force

Any person who: (1) Willfully makes a false or fraudulent statement: (A) In or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society upon conviction shall be guilty of a Class A misdemeanor; or (B) In any verified report or declaration under oath required or authorized by this chapter or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for that purpose of procuring payment of a benefit named in the certificate shall be guilty of a Class C misdemeanor; (2) Solicits membership for or in any manner assists in procuring membership in any society not licensed to do business in this state shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200); or (3) Is guilty of a willful violation of or neglect or refusal to comply with this chapter for which a penalty is not otherwise prescribed shall be guilty of a violation and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000). Acts 1989, No. 881, § 1; 2005, No. 1994, § 356.

Any person who:

(1) Willfully makes a false or fraudulent statement: (A) In or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society upon conviction shall be guilty of a Class A misdemeanor; or (B) In any verified report or declaration under oath required or authorized by this chapter or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for that purpose of procuring payment of a benefit named in the certificate shall be guilty of a Class C misdemeanor;

(A) In or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society upon conviction shall be guilty of a Class A misdemeanor; or

(B) In any verified report or declaration under oath required or authorized by this chapter or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for that purpose of procuring payment of a benefit named in the certificate shall be guilty of a Class C misdemeanor;

(2) Solicits membership for or in any manner assists in procuring membership in any society not licensed to do business in this state shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200); or

(3) Is guilty of a willful violation of or neglect or refusal to comply with this chapter for which a penalty is not otherwise prescribed shall be guilty of a violation and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000).

Acts 1989, No. 881, § 1; 2005, No. 1994, § 356.
Ark. Code Ann. § 23-13-249 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-249
Contract carriers - Schedule of rules, etc., affecting rates, fares, etc. - Hearings - Suspension proceedings
Status: in_force

(a) Whenever a contract carrier by motor vehicle files with the Arkansas Department of Transportation any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule or practice, for transportation of passengers or property, the department may enter upon a hearing concerning the lawfulness of such charge or such rule or practice upon complaint of interested parties or upon its own initiative at once, and if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice. (b) Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the charge, or the rule or practice for a period of thirty (30) days, by filing such schedules and delivering to the carrier affected thereby a statement in writing of its reasons for the suspension. (c) If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time may extend the period of suspension by order, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect. (d) (1) After the hearing, whether completed before or after the charge, rule, or practice goes into effect, the department may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. (2) If the proceeding has not been concluded and an order made therein within the period of suspension, the proposed change in any rule or practice shall go into effect at the end of such a period. Amended by Act 2019, No. 315,§ 2443, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 218, eff. 8/1/2017. Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.

(a) Whenever a contract carrier by motor vehicle files with the Arkansas Department of Transportation any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule or practice, for transportation of passengers or property, the department may enter upon a hearing concerning the lawfulness of such charge or such rule or practice upon complaint of interested parties or upon its own initiative at once, and if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice.

(b) Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the charge, or the rule or practice for a period of thirty (30) days, by filing such schedules and delivering to the carrier affected thereby a statement in writing of its reasons for the suspension.

(c) If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time may extend the period of suspension by order, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect.

(d) (1) After the hearing, whether completed before or after the charge, rule, or practice goes into effect, the department may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. (2) If the proceeding has not been concluded and an order made therein within the period of suspension, the proposed change in any rule or practice shall go into effect at the end of such a period.

(1) After the hearing, whether completed before or after the charge, rule, or practice goes into effect, the department may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective.

(2) If the proceeding has not been concluded and an order made therein within the period of suspension, the proposed change in any rule or practice shall go into effect at the end of such a period.

Amended by Act 2019, No. 315,§ 2443, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 218, eff. 8/1/2017.

Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Ark. Code Ann. § 23-35-604 — AR Code / Title 23 / Chapter 35 / Subchapter 6 / Section 23-35-604
Investment of funds
Status: in_force

Funds not used in loans to members may be invested: (1) In capital shares, obligations, or preferred stock issues of any agency or association organized either as a stock company, mutual association, or membership corporation, provided that the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions and provided that the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations; (2) In obligations of the State of Arkansas or any subdivision thereof; (3) In obligations of the United States or securities fully guaranteed as to principal and interest thereby; (4) In shares of a cooperative society organized under local or national cooperative laws, in an amount not exceeding ten percent (10%) of the shares and surplus of the credit union; (5) In any investment legal for fiduciaries, savings banks, or trust companies in Arkansas; (6) In loans to other credit unions, in an amount not to exceed thirty-three and one-third percent (331/3%) of the shares and unimpaired surplus of the lending credit union; and (7) In an aggregate amount not exceeding twenty-five percent (25%) of the allocations to the reserve fund, in any agency or association of the type described in subdivision (1) of this section, provided the purposes of any such agency or association are designed to assist in establishing and maintaining liquidity, solvency, and security in credit union operations. Acts 1971, No. 132, § 25; A.S.A. 1947, § 67-925.

Funds not used in loans to members may be invested:

(1) In capital shares, obligations, or preferred stock issues of any agency or association organized either as a stock company, mutual association, or membership corporation, provided that the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions and provided that the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;

(2) In obligations of the State of Arkansas or any subdivision thereof;

(3) In obligations of the United States or securities fully guaranteed as to principal and interest thereby;

(4) In shares of a cooperative society organized under local or national cooperative laws, in an amount not exceeding ten percent (10%) of the shares and surplus of the credit union;

(5) In any investment legal for fiduciaries, savings banks, or trust companies in Arkansas;

(6) In loans to other credit unions, in an amount not to exceed thirty-three and one-third percent (331/3%) of the shares and unimpaired surplus of the lending credit union; and

(7) In an aggregate amount not exceeding twenty-five percent (25%) of the allocations to the reserve fund, in any agency or association of the type described in subdivision (1) of this section, provided the purposes of any such agency or association are designed to assist in establishing and maintaining liquidity, solvency, and security in credit union operations.

Acts 1971, No. 132, § 25; A.S.A. 1947, § 67-925.
Ark. Code Ann. § 23-69-113 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-113
Formation of nonlife mutual insurer - Deposit required
Status: in_force

(a) Before soliciting any applications for insurance as required under § 23-69-112 as a qualification for the certificate of authority, the incorporator or incorporators of the proposed insurer shall deposit with the Insurance Commissioner acceptable securities in the penal sum of one hundred thousand dollars ($100,000) in favor of the state and for the use and benefit of the state and of applicant members and creditors of the corporation. The deposit shall be conditioned as follows: (1) For the prompt return to applicant members of all premiums collected in advance; (2) For payment of all indebtedness of the corporation; and (3) For payment of costs incurred by the state in the event of any legal proceedings for liquidation or dissolution of the corporation, all in the event the corporation fails to complete its organization and secure a certificate of authority within one (1) year from and after the date of its certificate of incorporation. (b) The remaining portion of a deposit held under this section shall be released and discharged upon settlement and termination of all liabilities against the deposit. (c) This section does not apply to mutual insurers licensed on or before August 13, 2001. Acts 1959, No. 148, § 463; A.S.A. 1947, § 66-4211; Acts 2001, No. 1604, § 53; 2009, No. 726, § 34.

(a) Before soliciting any applications for insurance as required under § 23-69-112 as a qualification for the certificate of authority, the incorporator or incorporators of the proposed insurer shall deposit with the Insurance Commissioner acceptable securities in the penal sum of one hundred thousand dollars ($100,000) in favor of the state and for the use and benefit of the state and of applicant members and creditors of the corporation. The deposit shall be conditioned as follows: (1) For the prompt return to applicant members of all premiums collected in advance; (2) For payment of all indebtedness of the corporation; and (3) For payment of costs incurred by the state in the event of any legal proceedings for liquidation or dissolution of the corporation, all in the event the corporation fails to complete its organization and secure a certificate of authority within one (1) year from and after the date of its certificate of incorporation.

(1) For the prompt return to applicant members of all premiums collected in advance;

(2) For payment of all indebtedness of the corporation; and

(3) For payment of costs incurred by the state in the event of any legal proceedings for liquidation or dissolution of the corporation, all in the event the corporation fails to complete its organization and secure a certificate of authority within one (1) year from and after the date of its certificate of incorporation.

(b) The remaining portion of a deposit held under this section shall be released and discharged upon settlement and termination of all liabilities against the deposit.

(c) This section does not apply to mutual insurers licensed on or before August 13, 2001.

Acts 1959, No. 148, § 463; A.S.A. 1947, § 66-4211; Acts 2001, No. 1604, § 53; 2009, No. 726, § 34.
Ark. Code Ann. § 23-73-103 — AR Code / Title 23 / Chapter 73 / Section 23-73-103
Associations existing as of January 1, 1960
Status: in_force

Any company or association lawfully organized and existing and lawfully doing business and insuring property as a farmers' mutual aid association or company as of January 1, 1960, is not required to reorganize or comply with the provisions of this chapter applicable to organization of a farmers' mutual aid association or company. Acts 1959, No. 148, § 580; A.S.A. 1947, § 66-4602; Acts 1997, No. 774, § 1.

Any company or association lawfully organized and existing and lawfully doing business and insuring property as a farmers' mutual aid association or company as of January 1, 1960, is not required to reorganize or comply with the provisions of this chapter applicable to organization of a farmers' mutual aid association or company.

Acts 1959, No. 148, § 580; A.S.A. 1947, § 66-4602; Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-103-405 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-405
Title insurers - Limitation of authority - Powers
Status: in_force

(a) (1) An insurer that transacts any class, type, or kind of insurance other than title insurance is not eligible for the issuance or renewal of a license to transact title insurance business in this state. (2) Title insurance shall not be transacted, underwritten, or issued by any insurer transacting or licensed to transact any other class, type, or kind of business. (b) A title insurer shall not engage in the business of guaranteeing payment of the principal or the interest on bonds or mortgages. (c) Notwithstanding subsection (a) of this section: (1) If the closing services are provided in Arkansas, the closing agent shall give notice of availability of closing protection to all parties to a transaction in which it is contemplated that title insurance may be issued; (2) Upon written request by a party to a closing with a licensed title insurance agency with which the title insurer has an agency contract or closing agent with which the title insurer is in privity of contract, the title insurer shall issue a closing protection letter to the requesting party; (3) (A) Except as provided in subdivision (c)(3)(C) of this section, upon written request by a party to a closing conducted by a person that is not a licensed title insurance agency, the title insurer at its discretion may issue closing protection to the requesting party if the title insurer and the closing agent are in privity of contract. (B) The contract shall: (i) Affirmatively state that the title insurer will indemnify third parties for the actions of the closing agent to the extent provided in the closing protection letter; and (ii) Require the closing agent to make its books and records available to the title insurer for each transaction in which a closing protection letter is issued by the title insurer on behalf of the closing agent except to the extent the books and records are privileged under the attorney-client privilege or otherwise. (C) The contract requirements contained in subdivisions (c)(3)(A) and (B) of this section do not apply if the closing is conducted outside the State of Arkansas and the closing agent is licensed or otherwise authorized to conduct a closing in the state where the closing is conducted; (4) The closing protection shall conform to the terms of coverage and form of instrument as may be filed with the Insurance Commissioner and shall indemnify a person solely against loss of closing funds because of the following acts of a closing agent, title insurer's named employee, or title insurance agency: (A) Theft or misappropriation of closing funds; or (B) Failure to comply with written instructions from the proposed insured when agreed to by the closing agent, employee, or title insurance agency as it relates to the status of the title to the interest in land or to the validity, enforceability, and priority of the lien of a mortgage or deed of trust on the interest in land; (5) The form and amount charged by a title insurer for closing protection coverage shall be filed with the commissioner at least twenty (20) days before the first use of closing protection coverage in the market; (6) Except as provided in this section, a title insurer shall not provide any other coverage that purports to indemnify against improper acts or omissions of a person with regard to escrow or closing services; (7) A title insurer shall not issue a closing protection letter unless the title insurer contemplates issuing a title insurance policy to a party to the transaction; and (8) Issuing closing protection is not a violation of § 23-103-404 . Acts 2007, No. 684, § 6; 2009, No. 1190, § 3; 2011, No. 515, § 4.

(a) (1) An insurer that transacts any class, type, or kind of insurance other than title insurance is not eligible for the issuance or renewal of a license to transact title insurance business in this state. (2) Title insurance shall not be transacted, underwritten, or issued by any insurer transacting or licensed to transact any other class, type, or kind of business.

(1) An insurer that transacts any class, type, or kind of insurance other than title insurance is not eligible for the issuance or renewal of a license to transact title insurance business in this state.

(2) Title insurance shall not be transacted, underwritten, or issued by any insurer transacting or licensed to transact any other class, type, or kind of business.

(b) A title insurer shall not engage in the business of guaranteeing payment of the principal or the interest on bonds or mortgages.

(c) Notwithstanding subsection (a) of this section: (1) If the closing services are provided in Arkansas, the closing agent shall give notice of availability of closing protection to all parties to a transaction in which it is contemplated that title insurance may be issued; (2) Upon written request by a party to a closing with a licensed title insurance agency with which the title insurer has an agency contract or closing agent with which the title insurer is in privity of contract, the title insurer shall issue a closing protection letter to the requesting party; (3) (A) Except as provided in subdivision (c)(3)(C) of this section, upon written request by a party to a closing conducted by a person that is not a licensed title insurance agency, the title insurer at its discretion may issue closing protection to the requesting party if the title insurer and the closing agent are in privity of contract. (B) The contract shall: (i) Affirmatively state that the title insurer will indemnify third parties for the actions of the closing agent to the extent provided in the closing protection letter; and (ii) Require the closing agent to make its books and records available to the title insurer for each transaction in which a closing protection letter is issued by the title insurer on behalf of the closing agent except to the extent the books and records are privileged under the attorney-client privilege or otherwise. (C) The contract requirements contained in subdivisions (c)(3)(A) and (B) of this section do not apply if the closing is conducted outside the State of Arkansas and the closing agent is licensed or otherwise authorized to conduct a closing in the state where the closing is conducted; (4) The closing protection shall conform to the terms of coverage and form of instrument as may be filed with the Insurance Commissioner and shall indemnify a person solely against loss of closing funds because of the following acts of a closing agent, title insurer's named employee, or title insurance agency: (A) Theft or misappropriation of closing funds; or (B) Failure to comply with written instructions from the proposed insured when agreed to by the closing agent, employee, or title insurance agency as it relates to the status of the title to the interest in land or to the validity, enforceability, and priority of the lien of a mortgage or deed of trust on the interest in land; (5) The form and amount charged by a title insurer for closing protection coverage shall be filed with the commissioner at least twenty (20) days before the first use of closing protection coverage in the market; (6) Except as provided in this section, a title insurer shall not provide any other coverage that purports to indemnify against improper acts or omissions of a person with regard to escrow or closing services; (7) A title insurer shall not issue a closing protection letter unless the title insurer contemplates issuing a title insurance policy to a party to the transaction; and (8) Issuing closing protection is not a violation of § 23-103-404 .

(1) If the closing services are provided in Arkansas, the closing agent shall give notice of availability of closing protection to all parties to a transaction in which it is contemplated that title insurance may be issued;

(2) Upon written request by a party to a closing with a licensed title insurance agency with which the title insurer has an agency contract or closing agent with which the title insurer is in privity of contract, the title insurer shall issue a closing protection letter to the requesting party;

(3) (A) Except as provided in subdivision (c)(3)(C) of this section, upon written request by a party to a closing conducted by a person that is not a licensed title insurance agency, the title insurer at its discretion may issue closing protection to the requesting party if the title insurer and the closing agent are in privity of contract. (B) The contract shall: (i) Affirmatively state that the title insurer will indemnify third parties for the actions of the closing agent to the extent provided in the closing protection letter; and (ii) Require the closing agent to make its books and records available to the title insurer for each transaction in which a closing protection letter is issued by the title insurer on behalf of the closing agent except to the extent the books and records are privileged under the attorney-client privilege or otherwise. (C) The contract requirements contained in subdivisions (c)(3)(A) and (B) of this section do not apply if the closing is conducted outside the State of Arkansas and the closing agent is licensed or otherwise authorized to conduct a closing in the state where the closing is conducted;

(A) Except as provided in subdivision (c)(3)(C) of this section, upon written request by a party to a closing conducted by a person that is not a licensed title insurance agency, the title insurer at its discretion may issue closing protection to the requesting party if the title insurer and the closing agent are in privity of contract.

(B) The contract shall: (i) Affirmatively state that the title insurer will indemnify third parties for the actions of the closing agent to the extent provided in the closing protection letter; and (ii) Require the closing agent to make its books and records available to the title insurer for each transaction in which a closing protection letter is issued by the title insurer on behalf of the closing agent except to the extent the books and records are privileged under the attorney-client privilege or otherwise.

(i) Affirmatively state that the title insurer will indemnify third parties for the actions of the closing agent to the extent provided in the closing protection letter; and

(ii) Require the closing agent to make its books and records available to the title insurer for each transaction in which a closing protection letter is issued by the title insurer on behalf of the closing agent except to the extent the books and records are privileged under the attorney-client privilege or otherwise.

(C) The contract requirements contained in subdivisions (c)(3)(A) and (B) of this section do not apply if the closing is conducted outside the State of Arkansas and the closing agent is licensed or otherwise authorized to conduct a closing in the state where the closing is conducted;

(4) The closing protection shall conform to the terms of coverage and form of instrument as may be filed with the Insurance Commissioner and shall indemnify a person solely against loss of closing funds because of the following acts of a closing agent, title insurer's named employee, or title insurance agency: (A) Theft or misappropriation of closing funds; or (B) Failure to comply with written instructions from the proposed insured when agreed to by the closing agent, employee, or title insurance agency as it relates to the status of the title to the interest in land or to the validity, enforceability, and priority of the lien of a mortgage or deed of trust on the interest in land;

(A) Theft or misappropriation of closing funds; or

(B) Failure to comply with written instructions from the proposed insured when agreed to by the closing agent, employee, or title insurance agency as it relates to the status of the title to the interest in land or to the validity, enforceability, and priority of the lien of a mortgage or deed of trust on the interest in land;

(5) The form and amount charged by a title insurer for closing protection coverage shall be filed with the commissioner at least twenty (20) days before the first use of closing protection coverage in the market;

(6) Except as provided in this section, a title insurer shall not provide any other coverage that purports to indemnify against improper acts or omissions of a person with regard to escrow or closing services;

(7) A title insurer shall not issue a closing protection letter unless the title insurer contemplates issuing a title insurance policy to a party to the transaction; and

(8) Issuing closing protection is not a violation of § 23-103-404 .

Acts 2007, No. 684, § 6; 2009, No. 1190, § 3; 2011, No. 515, § 4.
Ark. Code Ann. § 23-97-312 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-312
Outline of coverage
Status: in_force

(a) (1) An outline of coverage shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the outline of coverage and its purpose. (2) The Insurance Commissioner shall prescribe a standard format for the outline, including style, arrangement, overall appearance, and content. (3) In the case of agent solicitations, an agent shall deliver the outline of coverage prior to the presentation of an application or enrollment form. (4) In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with any application or enrollment form. (5) (A) In the case of a policy issued to a group approved by the commissioner under § 23-97-304(6)(B) , an outline of coverage shall not be required to be delivered if the information described in subsection (b) of this section is provided to applicants in other materials relating to enrollment. (B) Materials relating to enrollment shall be made available to the commissioner upon request. (b) The outline of coverage shall include: (1) A description of the principal benefits and coverage provided in the policy; (2) A statement of the principal exclusions, reductions, and limitations contained in the policy; (3) (A) A statement of the terms under which the policy or certificate, or both, may be continued in force or discontinued, including any reservation in the policy of a right to change premium. (B) Continuation or conversion provisions of group coverage shall be specifically described; (4) A statement that the outline of coverage is a summary only, not a contract of insurance, and that the policy or group master policy contains governing contractual provisions; (5) A description of the terms under which the policy or certificate may be returned and premium refunded; (6) A brief description of the relationship between cost of care and benefits; and (7) A statement that discloses to the policyholder or certificate holder whether the policy is intended to be a federally tax-qualified long-term care insurance contract under section 7702B(b) of the Internal Revenue Code of 1986. Acts 2005, No. 1697, § 31; 2007, No. 496, § 21.

(a) (1) An outline of coverage shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the outline of coverage and its purpose. (2) The Insurance Commissioner shall prescribe a standard format for the outline, including style, arrangement, overall appearance, and content. (3) In the case of agent solicitations, an agent shall deliver the outline of coverage prior to the presentation of an application or enrollment form. (4) In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with any application or enrollment form. (5) (A) In the case of a policy issued to a group approved by the commissioner under § 23-97-304(6)(B) , an outline of coverage shall not be required to be delivered if the information described in subsection (b) of this section is provided to applicants in other materials relating to enrollment. (B) Materials relating to enrollment shall be made available to the commissioner upon request.

(1) An outline of coverage shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the outline of coverage and its purpose.

(2) The Insurance Commissioner shall prescribe a standard format for the outline, including style, arrangement, overall appearance, and content.

(3) In the case of agent solicitations, an agent shall deliver the outline of coverage prior to the presentation of an application or enrollment form.

(4) In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with any application or enrollment form.

(5) (A) In the case of a policy issued to a group approved by the commissioner under § 23-97-304(6)(B) , an outline of coverage shall not be required to be delivered if the information described in subsection (b) of this section is provided to applicants in other materials relating to enrollment. (B) Materials relating to enrollment shall be made available to the commissioner upon request.

(A) In the case of a policy issued to a group approved by the commissioner under § 23-97-304(6)(B) , an outline of coverage shall not be required to be delivered if the information described in subsection (b) of this section is provided to applicants in other materials relating to enrollment.

(B) Materials relating to enrollment shall be made available to the commissioner upon request.

(b) The outline of coverage shall include: (1) A description of the principal benefits and coverage provided in the policy; (2) A statement of the principal exclusions, reductions, and limitations contained in the policy; (3) (A) A statement of the terms under which the policy or certificate, or both, may be continued in force or discontinued, including any reservation in the policy of a right to change premium. (B) Continuation or conversion provisions of group coverage shall be specifically described; (4) A statement that the outline of coverage is a summary only, not a contract of insurance, and that the policy or group master policy contains governing contractual provisions; (5) A description of the terms under which the policy or certificate may be returned and premium refunded; (6) A brief description of the relationship between cost of care and benefits; and (7) A statement that discloses to the policyholder or certificate holder whether the policy is intended to be a federally tax-qualified long-term care insurance contract under section 7702B(b) of the Internal Revenue Code of 1986.

(1) A description of the principal benefits and coverage provided in the policy;

(2) A statement of the principal exclusions, reductions, and limitations contained in the policy;

(3) (A) A statement of the terms under which the policy or certificate, or both, may be continued in force or discontinued, including any reservation in the policy of a right to change premium. (B) Continuation or conversion provisions of group coverage shall be specifically described;

(A) A statement of the terms under which the policy or certificate, or both, may be continued in force or discontinued, including any reservation in the policy of a right to change premium.

(B) Continuation or conversion provisions of group coverage shall be specifically described;

(4) A statement that the outline of coverage is a summary only, not a contract of insurance, and that the policy or group master policy contains governing contractual provisions;

(5) A description of the terms under which the policy or certificate may be returned and premium refunded;

(6) A brief description of the relationship between cost of care and benefits; and

(7) A statement that discloses to the policyholder or certificate holder whether the policy is intended to be a federally tax-qualified long-term care insurance contract under section 7702B(b) of the Internal Revenue Code of 1986.

Acts 2005, No. 1697, § 31; 2007, No. 496, § 21.
Ark. Code Ann. § 23-18-1002 — AR Code / Title 23 / Chapter 18 / Subchapter 10 / Section 23-18-1002
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Aggregator of retail customers" means a person that aggregates demand response from retail customers for the purpose of marketing, selling, or marketing and selling the aggregated demand response: (i) To an electric public utility; or (ii) Into a wholesale electricity market. (B) "Aggregator of retail customers" does not include: (i) An electric public utility to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory as certificated by the Arkansas Public Service Commission; or (ii) A municipally owned electric utility or consolidated municipal utility improvement district to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory; and (2) (A) "Demand response" means a reduction in the consumption of on-peak or off-peak electric energy by a retail customer served by an electric public utility or a municipally owned electric utility or consolidated municipal utility improvement district relative to the retail customer's expected consumption in response to: (i) Changes in the price of electric energy to the retail customer over time; or (ii) Incentive payments designed to induce lower consumption of electric energy. (B) "Demand response" includes demand response resources capable of providing demand response. Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) (A) "Aggregator of retail customers" means a person that aggregates demand response from retail customers for the purpose of marketing, selling, or marketing and selling the aggregated demand response: (i) To an electric public utility; or (ii) Into a wholesale electricity market. (B) "Aggregator of retail customers" does not include: (i) An electric public utility to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory as certificated by the Arkansas Public Service Commission; or (ii) A municipally owned electric utility or consolidated municipal utility improvement district to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory; and

(A) "Aggregator of retail customers" means a person that aggregates demand response from retail customers for the purpose of marketing, selling, or marketing and selling the aggregated demand response: (i) To an electric public utility; or (ii) Into a wholesale electricity market.

(i) To an electric public utility; or

(ii) Into a wholesale electricity market.

(B) "Aggregator of retail customers" does not include: (i) An electric public utility to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory as certificated by the Arkansas Public Service Commission; or (ii) A municipally owned electric utility or consolidated municipal utility improvement district to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory; and

(i) An electric public utility to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory as certificated by the Arkansas Public Service Commission; or

(ii) A municipally owned electric utility or consolidated municipal utility improvement district to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory; and

(2) (A) "Demand response" means a reduction in the consumption of on-peak or off-peak electric energy by a retail customer served by an electric public utility or a municipally owned electric utility or consolidated municipal utility improvement district relative to the retail customer's expected consumption in response to: (i) Changes in the price of electric energy to the retail customer over time; or (ii) Incentive payments designed to induce lower consumption of electric energy. (B) "Demand response" includes demand response resources capable of providing demand response.

(A) "Demand response" means a reduction in the consumption of on-peak or off-peak electric energy by a retail customer served by an electric public utility or a municipally owned electric utility or consolidated municipal utility improvement district relative to the retail customer's expected consumption in response to: (i) Changes in the price of electric energy to the retail customer over time; or (ii) Incentive payments designed to induce lower consumption of electric energy.

(i) Changes in the price of electric energy to the retail customer over time; or

(ii) Incentive payments designed to induce lower consumption of electric energy.

(B) "Demand response" includes demand response resources capable of providing demand response.

Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-61-1006 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1006
Requirements for program participants
Status: in_force

(a) The economic independence initiative applies to all program participants in accordance with the implementation schedule of the Department of Human Services. (b) Incentives established by the department for participation in the economic independence initiative and the health improvement initiative may include, without limitation, the waiver of premium payments and cost-sharing requirements as determined by the department for participation in one (1) or more initiatives. (c) Failure by a program participant to meet the cost-sharing and premium payment requirement under § 23-61-1005(a) may result in the accrual of a personal debt to the health insurer or provider. (d) (1) (A) Failure by the program participant to meet the initiative participation requirements of subsection (b) of this section may result in: (i) Being unenrolled from the individual qualified health insurance plan; or (ii) The loss of incentives, as defined by the department. (B) However, an individual who is unenrolled shall not lose Medicaid healthcare coverage based solely on disenrollment from the individual qualified health insurance plan. (2) The department shall develop and notify program participants of the criteria for restoring eligibility for incentive benefits that were removed as a result of the program participants' failure to meet the initiative participation requirements of subsection (b) of this section. (3) (A) A program participant who also meets the criteria of a community bridge organization target population may qualify for additional incentives by successfully completing the economic independence initiative provided through a community bridge organization. (B) If successfully completing the initiative results in an increase in the program participant's income that exceeds the program's financial eligibility limits, a program participant may receive, for a specified period of time, financial assistance to pay: (i) The individual's share of employer-sponsored health insurance coverage not to exceed a limit determined by the department; or (ii) A share of the individual's cost-sharing obligation, as determined by the department, if the individual enrolls in a health insurance benefit plan offered through the Arkansas Health Insurance Marketplace. Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

(a) The economic independence initiative applies to all program participants in accordance with the implementation schedule of the Department of Human Services.

(b) Incentives established by the department for participation in the economic independence initiative and the health improvement initiative may include, without limitation, the waiver of premium payments and cost-sharing requirements as determined by the department for participation in one (1) or more initiatives.

(c) Failure by a program participant to meet the cost-sharing and premium payment requirement under § 23-61-1005(a) may result in the accrual of a personal debt to the health insurer or provider.

(d) (1) (A) Failure by the program participant to meet the initiative participation requirements of subsection (b) of this section may result in: (i) Being unenrolled from the individual qualified health insurance plan; or (ii) The loss of incentives, as defined by the department. (B) However, an individual who is unenrolled shall not lose Medicaid healthcare coverage based solely on disenrollment from the individual qualified health insurance plan. (2) The department shall develop and notify program participants of the criteria for restoring eligibility for incentive benefits that were removed as a result of the program participants' failure to meet the initiative participation requirements of subsection (b) of this section. (3) (A) A program participant who also meets the criteria of a community bridge organization target population may qualify for additional incentives by successfully completing the economic independence initiative provided through a community bridge organization. (B) If successfully completing the initiative results in an increase in the program participant's income that exceeds the program's financial eligibility limits, a program participant may receive, for a specified period of time, financial assistance to pay: (i) The individual's share of employer-sponsored health insurance coverage not to exceed a limit determined by the department; or (ii) A share of the individual's cost-sharing obligation, as determined by the department, if the individual enrolls in a health insurance benefit plan offered through the Arkansas Health Insurance Marketplace.

(1) (A) Failure by the program participant to meet the initiative participation requirements of subsection (b) of this section may result in: (i) Being unenrolled from the individual qualified health insurance plan; or (ii) The loss of incentives, as defined by the department. (B) However, an individual who is unenrolled shall not lose Medicaid healthcare coverage based solely on disenrollment from the individual qualified health insurance plan.

(A) Failure by the program participant to meet the initiative participation requirements of subsection (b) of this section may result in: (i) Being unenrolled from the individual qualified health insurance plan; or (ii) The loss of incentives, as defined by the department.

(i) Being unenrolled from the individual qualified health insurance plan; or

(ii) The loss of incentives, as defined by the department.

(B) However, an individual who is unenrolled shall not lose Medicaid healthcare coverage based solely on disenrollment from the individual qualified health insurance plan.

(2) The department shall develop and notify program participants of the criteria for restoring eligibility for incentive benefits that were removed as a result of the program participants' failure to meet the initiative participation requirements of subsection (b) of this section.

(3) (A) A program participant who also meets the criteria of a community bridge organization target population may qualify for additional incentives by successfully completing the economic independence initiative provided through a community bridge organization. (B) If successfully completing the initiative results in an increase in the program participant's income that exceeds the program's financial eligibility limits, a program participant may receive, for a specified period of time, financial assistance to pay: (i) The individual's share of employer-sponsored health insurance coverage not to exceed a limit determined by the department; or (ii) A share of the individual's cost-sharing obligation, as determined by the department, if the individual enrolls in a health insurance benefit plan offered through the Arkansas Health Insurance Marketplace.

(A) A program participant who also meets the criteria of a community bridge organization target population may qualify for additional incentives by successfully completing the economic independence initiative provided through a community bridge organization.

(B) If successfully completing the initiative results in an increase in the program participant's income that exceeds the program's financial eligibility limits, a program participant may receive, for a specified period of time, financial assistance to pay: (i) The individual's share of employer-sponsored health insurance coverage not to exceed a limit determined by the department; or (ii) A share of the individual's cost-sharing obligation, as determined by the department, if the individual enrolls in a health insurance benefit plan offered through the Arkansas Health Insurance Marketplace.

(i) The individual's share of employer-sponsored health insurance coverage not to exceed a limit determined by the department; or

(ii) A share of the individual's cost-sharing obligation, as determined by the department, if the individual enrolls in a health insurance benefit plan offered through the Arkansas Health Insurance Marketplace.

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

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

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-3-602 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-602
Definitions
Status: in_force

As used in this subchapter: (1) "Certificate of extension project" or "certificate" means the Arkansas Public Service Commission order authorizing a gas utility seeking the order to undertake an extension project. The certificate shall be issued contemporaneously with the commission order approving the imposition of rates and surcharges sufficient to recover the excess expenditures arising out of those extension projects that have been granted certificates and completed pursuant to this subchapter; (2) "Commission" means the Arkansas Public Service Commission; (3) "Excess expenditures" means the difference between: (A) Expenditures made by a gas utility for extensions of service to areas not served by a gas utility; (B) The sum of the investment allowable under a gas utility's extension policy, plus amounts, if any initially available from other applicable sources, which include without limitation funds from: (i) The Arkansas Economic Development Council or its successor; (ii) Industrial development bonds, municipal bonds, city bonds, or improvement district bonds; (iii) Special funds which may be created by particular commission orders for individual gas utilities in rate cases or other proceedings; and (iv) Customer-provided contributions in aid of construction; (4) "Extension project" means any extension proposed by a gas utility that is intended to serve areas of Arkansas not served by any gas utility or within the range of the extension policy of any gas utility, which will result in excess expenditures if constructed, and for which the gas utility seeks authorization from the commission to begin, together with the authorization to change its rates and surcharges to recover the excess expenditures as provided in this subchapter; (5) "Gas utility" means any natural gas public utility jurisdictional to the commission; and (6) (A) "Surcharge" means a charge that the commission may authorize a gas utility to impose on its customers to recover, at the time the gas utility plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates. (B) The amount of the surcharge to be added to the gas utility's rate under subdivision (6)(A) of this section shall be calculated under traditional cost-of-service principles so as to produce the annual revenues equal to the additional annualized revenue requirement to which the gas utility would be entitled had the excess expenditures been included in the gas utility's most recent rate determination by the commission. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 1; 1997, No. 540, § 45.

As used in this subchapter:

(1) "Certificate of extension project" or "certificate" means the Arkansas Public Service Commission order authorizing a gas utility seeking the order to undertake an extension project. The certificate shall be issued contemporaneously with the commission order approving the imposition of rates and surcharges sufficient to recover the excess expenditures arising out of those extension projects that have been granted certificates and completed pursuant to this subchapter;

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

(3) "Excess expenditures" means the difference between: (A) Expenditures made by a gas utility for extensions of service to areas not served by a gas utility; (B) The sum of the investment allowable under a gas utility's extension policy, plus amounts, if any initially available from other applicable sources, which include without limitation funds from: (i) The Arkansas Economic Development Council or its successor; (ii) Industrial development bonds, municipal bonds, city bonds, or improvement district bonds; (iii) Special funds which may be created by particular commission orders for individual gas utilities in rate cases or other proceedings; and (iv) Customer-provided contributions in aid of construction;

(A) Expenditures made by a gas utility for extensions of service to areas not served by a gas utility;

(B) The sum of the investment allowable under a gas utility's extension policy, plus amounts, if any initially available from other applicable sources, which include without limitation funds from: (i) The Arkansas Economic Development Council or its successor; (ii) Industrial development bonds, municipal bonds, city bonds, or improvement district bonds; (iii) Special funds which may be created by particular commission orders for individual gas utilities in rate cases or other proceedings; and (iv) Customer-provided contributions in aid of construction;

(i) The Arkansas Economic Development Council or its successor;

(ii) Industrial development bonds, municipal bonds, city bonds, or improvement district bonds;

(iii) Special funds which may be created by particular commission orders for individual gas utilities in rate cases or other proceedings; and

(iv) Customer-provided contributions in aid of construction;

(4) "Extension project" means any extension proposed by a gas utility that is intended to serve areas of Arkansas not served by any gas utility or within the range of the extension policy of any gas utility, which will result in excess expenditures if constructed, and for which the gas utility seeks authorization from the commission to begin, together with the authorization to change its rates and surcharges to recover the excess expenditures as provided in this subchapter;

(5) "Gas utility" means any natural gas public utility jurisdictional to the commission; and

(6) (A) "Surcharge" means a charge that the commission may authorize a gas utility to impose on its customers to recover, at the time the gas utility plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates. (B) The amount of the surcharge to be added to the gas utility's rate under subdivision (6)(A) of this section shall be calculated under traditional cost-of-service principles so as to produce the annual revenues equal to the additional annualized revenue requirement to which the gas utility would be entitled had the excess expenditures been included in the gas utility's most recent rate determination by the commission.

(A) "Surcharge" means a charge that the commission may authorize a gas utility to impose on its customers to recover, at the time the gas utility plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates.

(B) The amount of the surcharge to be added to the gas utility's rate under subdivision (6)(A) of this section shall be calculated under traditional cost-of-service principles so as to produce the annual revenues equal to the additional annualized revenue requirement to which the gas utility would be entitled had the excess expenditures been included in the gas utility's most recent rate determination by the commission.

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

Acts 1987, No. 150, § 1; 1997, No. 540, § 45.
Ark. Code Ann. § 23-61-801 — AR Code / Title 23 / Chapter 61 / Subchapter 8 / Section 23-61-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Health Insurance Marketplace Act". Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.

This subchapter shall be known and may be cited as the "Arkansas Health Insurance Marketplace Act".

Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 23-47-706 — AR Code / Title 23 / Chapter 47 / Subchapter 7 / Section 23-47-706
Official's oath or affidavit
Status: in_force

If Arkansas law requires that a corporation acting as trustee, executor, administrator, or in any capacity specified in this subchapter shall take an oath or make an affidavit, the president or chief executive officer, a vice president, or a trust officer of a state bank may take the necessary oath or execute the necessary affidavit. Amended by Act 2017, No. 198,§ 3, eff. 8/1/2017. Acts 1997, No. 89, § 1.

If Arkansas law requires that a corporation acting as trustee, executor, administrator, or in any capacity specified in this subchapter shall take an oath or make an affidavit, the president or chief executive officer, a vice president, or a trust officer of a state bank may take the necessary oath or execute the necessary affidavit.

Amended by Act 2017, No. 198,§ 3, eff. 8/1/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-99-1204 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1204
Prohibition - Most favored nation clause
Status: in_force

(a) A contracting entity shall not: (1) Offer to a healthcare provider a healthcare contract that includes a most favored nation clause; (2) Enter into a healthcare contract with a healthcare provider that includes a most favored nation clause; or (3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the contract as amended or renewed adds or continues to include a most favored nation clause. (b) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) A contracting entity shall not: (1) Offer to a healthcare provider a healthcare contract that includes a most favored nation clause; (2) Enter into a healthcare contract with a healthcare provider that includes a most favored nation clause; or (3) Amend or renew an existing healthcare contract previously entered into with a healthcare provider so that the contract as amended or renewed adds or continues to include a most favored nation clause.

(1) Offer to a healthcare provider a healthcare contract that includes a most favored nation clause;

(2) Enter into a healthcare contract with a healthcare provider that includes a most favored nation clause; or

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

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

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

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

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

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

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-63-112 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-112
Notice of intent to settle
Status: in_force

(a) An insurer shall provide its insured written notice of the terms of settlement of a claim if the insured: (1) Notifies the insurer in writing that the amount of or liability for the claim is contested; and (2) Requests in writing notice of the insurer's settlement of the claim. (b) Except as provided in subsection (a) of this section, nothing in this section shall be construed to alter the defense or handling of a claim under any policy or contract of insurance. (c) The provisions of this section shall not apply to personal lines of insurance. Acts 2005, No. 2271, § 1.

(a) An insurer shall provide its insured written notice of the terms of settlement of a claim if the insured: (1) Notifies the insurer in writing that the amount of or liability for the claim is contested; and (2) Requests in writing notice of the insurer's settlement of the claim.

(1) Notifies the insurer in writing that the amount of or liability for the claim is contested; and

(2) Requests in writing notice of the insurer's settlement of the claim.

(b) Except as provided in subsection (a) of this section, nothing in this section shall be construed to alter the defense or handling of a claim under any policy or contract of insurance.

(c) The provisions of this section shall not apply to personal lines of insurance.

Acts 2005, No. 2271, § 1.
Ark. Code Ann. § 23-51-112 — AR Code / Title 23 / Chapter 51 / Section 23-51-112
Commissioner hearings - Appeals
Status: in_force

(a) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law. A hearing before the Bank Commissioner that is required or authorized by law may be conducted by a hearing officer on behalf of the commissioner. A matter made confidential by law must be considered by the commissioner in a closed hearing. (b) The commissioner may convene a hearing to receive evidence and argument regarding any matter before the commissioner for decision or review under this chapter. (c) No person shall appear in opposition to the application unless the person shall have filed a written protest pursuant to § 23-51-108 and paid the applicable fee. (d) At the hearing all organizers of the proposed state trust company and any person making a timely written protest against the application may appear. The attorneys for any such person may appear and be heard. (e) The commissioner may subpoena witnesses on his or her own motion or on the request of any party to the proceedings. (f) The admission of evidence at the hearing shall be controlled by § 25-15-213 . The parties shall have the right to cross-examine witnesses. Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the commissioner's specialized knowledge. The parties may bind themselves by stipulation. (g) The organizers shall be responsible for procuring and paying for a verbatim record of the proceeding. It will be the duty of the organizers to furnish at least one (1) copy of the transcript to the commissioner free of charge. (h) The commissioner shall render his or her decision in writing, at or after a hearing, which decision shall include the commissioner's findings of fact and conclusions of law. (i) (1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall run from the date the final decision of the commissioner is mailed or delivered, in written form, to the parties desiring to appeal. (2) The hearing of such a petition for review will be advanced on the docket of each reviewing court as a matter of public interest. Acts 1997, No. 940, § 12.

(a) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law. A hearing before the Bank Commissioner that is required or authorized by law may be conducted by a hearing officer on behalf of the commissioner. A matter made confidential by law must be considered by the commissioner in a closed hearing.

(b) The commissioner may convene a hearing to receive evidence and argument regarding any matter before the commissioner for decision or review under this chapter.

(c) No person shall appear in opposition to the application unless the person shall have filed a written protest pursuant to § 23-51-108 and paid the applicable fee.

(d) At the hearing all organizers of the proposed state trust company and any person making a timely written protest against the application may appear. The attorneys for any such person may appear and be heard.

(e) The commissioner may subpoena witnesses on his or her own motion or on the request of any party to the proceedings.

(f) The admission of evidence at the hearing shall be controlled by § 25-15-213 . The parties shall have the right to cross-examine witnesses. Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the commissioner's specialized knowledge. The parties may bind themselves by stipulation.

(g) The organizers shall be responsible for procuring and paying for a verbatim record of the proceeding. It will be the duty of the organizers to furnish at least one (1) copy of the transcript to the commissioner free of charge.

(h) The commissioner shall render his or her decision in writing, at or after a hearing, which decision shall include the commissioner's findings of fact and conclusions of law.

(i) (1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall run from the date the final decision of the commissioner is mailed or delivered, in written form, to the parties desiring to appeal. (2) The hearing of such a petition for review will be advanced on the docket of each reviewing court as a matter of public interest.

(1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall run from the date the final decision of the commissioner is mailed or delivered, in written form, to the parties desiring to appeal.

(2) The hearing of such a petition for review will be advanced on the docket of each reviewing court as a matter of public interest.

Acts 1997, No. 940, § 12.
Ark. Code Ann. § 23-63-502 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-502
Legislative findings
Status: in_force

(a) (1) It is found and declared that it may not be inconsistent with the public interest and the interest of policyholders and shareholders to permit insurers to: (A) Engage in activities which would enable them to make better use of management skills and facilities; (B) Diversify into new lines of business through acquisition or organization of subsidiaries; (C) Have free access to capital market which could provide funds for insurers to use in diversification programs; (D) Implement sound tax planning conclusions; and (E) Serve the changing needs of the public and adapt to changing conditions of the social, economic, and political environment so that insurers are able to compete effectively and to meet the growing public demand for institutions capable of providing a comprehensive range of financial services. (2) It is further found and declared that the public interest and the interests of policyholders and shareholders are or may be adversely affected when: (A) Control of an insurer is sought by persons who would utilize the control adversely to the interests of policyholders or shareholders; (B) Acquisition of control of an insurer would substantially lessen competition or create a monopoly in the insurance business in this state; (C) An insurer which is part of a holding company system is caused to enter into transactions or relationships with affiliated companies on terms which are not fair and reasonable; or (D) An insurer pays dividends to shareholders which jeopardize the financial condition of the insurer. (3) It is declared that the policies and purposes of this subchapter are to promote the public interest by: (A) Facilitating the achievement of the objectives enumerated in subsection (a) of this section; (B) Requiring disclosure of pertinent information relating to changes in control of an insurer; (C) Requiring disclosure by an insurer of material transactions and relationships between the insurer and its affiliates, including dividends to shareholders paid by the insurer; and (D) Providing standards governing material transactions between the insurer and its affiliates. (4) It is further declared that it is desirable to prevent unnecessary multiple and conflicting regulation of insurers. (b) Therefore, this state shall exercise regulatory authority over domestic insurers and, unless otherwise provided, not over nondomestic insurers, with respect to the matters contained herein. Acts 1971, No. 288, § 2; A.S.A. 1947, § 66-5002.

(a) (1) It is found and declared that it may not be inconsistent with the public interest and the interest of policyholders and shareholders to permit insurers to: (A) Engage in activities which would enable them to make better use of management skills and facilities; (B) Diversify into new lines of business through acquisition or organization of subsidiaries; (C) Have free access to capital market which could provide funds for insurers to use in diversification programs; (D) Implement sound tax planning conclusions; and (E) Serve the changing needs of the public and adapt to changing conditions of the social, economic, and political environment so that insurers are able to compete effectively and to meet the growing public demand for institutions capable of providing a comprehensive range of financial services. (2) It is further found and declared that the public interest and the interests of policyholders and shareholders are or may be adversely affected when: (A) Control of an insurer is sought by persons who would utilize the control adversely to the interests of policyholders or shareholders; (B) Acquisition of control of an insurer would substantially lessen competition or create a monopoly in the insurance business in this state; (C) An insurer which is part of a holding company system is caused to enter into transactions or relationships with affiliated companies on terms which are not fair and reasonable; or (D) An insurer pays dividends to shareholders which jeopardize the financial condition of the insurer. (3) It is declared that the policies and purposes of this subchapter are to promote the public interest by: (A) Facilitating the achievement of the objectives enumerated in subsection (a) of this section; (B) Requiring disclosure of pertinent information relating to changes in control of an insurer; (C) Requiring disclosure by an insurer of material transactions and relationships between the insurer and its affiliates, including dividends to shareholders paid by the insurer; and (D) Providing standards governing material transactions between the insurer and its affiliates. (4) It is further declared that it is desirable to prevent unnecessary multiple and conflicting regulation of insurers.

(1) It is found and declared that it may not be inconsistent with the public interest and the interest of policyholders and shareholders to permit insurers to: (A) Engage in activities which would enable them to make better use of management skills and facilities; (B) Diversify into new lines of business through acquisition or organization of subsidiaries; (C) Have free access to capital market which could provide funds for insurers to use in diversification programs; (D) Implement sound tax planning conclusions; and (E) Serve the changing needs of the public and adapt to changing conditions of the social, economic, and political environment so that insurers are able to compete effectively and to meet the growing public demand for institutions capable of providing a comprehensive range of financial services.

(A) Engage in activities which would enable them to make better use of management skills and facilities;

(B) Diversify into new lines of business through acquisition or organization of subsidiaries;

(C) Have free access to capital market which could provide funds for insurers to use in diversification programs;

(D) Implement sound tax planning conclusions; and

(E) Serve the changing needs of the public and adapt to changing conditions of the social, economic, and political environment so that insurers are able to compete effectively and to meet the growing public demand for institutions capable of providing a comprehensive range of financial services.

(2) It is further found and declared that the public interest and the interests of policyholders and shareholders are or may be adversely affected when: (A) Control of an insurer is sought by persons who would utilize the control adversely to the interests of policyholders or shareholders; (B) Acquisition of control of an insurer would substantially lessen competition or create a monopoly in the insurance business in this state; (C) An insurer which is part of a holding company system is caused to enter into transactions or relationships with affiliated companies on terms which are not fair and reasonable; or (D) An insurer pays dividends to shareholders which jeopardize the financial condition of the insurer.

(A) Control of an insurer is sought by persons who would utilize the control adversely to the interests of policyholders or shareholders;

(B) Acquisition of control of an insurer would substantially lessen competition or create a monopoly in the insurance business in this state;

(C) An insurer which is part of a holding company system is caused to enter into transactions or relationships with affiliated companies on terms which are not fair and reasonable; or

(D) An insurer pays dividends to shareholders which jeopardize the financial condition of the insurer.

(3) It is declared that the policies and purposes of this subchapter are to promote the public interest by: (A) Facilitating the achievement of the objectives enumerated in subsection (a) of this section; (B) Requiring disclosure of pertinent information relating to changes in control of an insurer; (C) Requiring disclosure by an insurer of material transactions and relationships between the insurer and its affiliates, including dividends to shareholders paid by the insurer; and (D) Providing standards governing material transactions between the insurer and its affiliates.

(A) Facilitating the achievement of the objectives enumerated in subsection (a) of this section;

(B) Requiring disclosure of pertinent information relating to changes in control of an insurer;

(C) Requiring disclosure by an insurer of material transactions and relationships between the insurer and its affiliates, including dividends to shareholders paid by the insurer; and

(D) Providing standards governing material transactions between the insurer and its affiliates.

(4) It is further declared that it is desirable to prevent unnecessary multiple and conflicting regulation of insurers.

(b) Therefore, this state shall exercise regulatory authority over domestic insurers and, unless otherwise provided, not over nondomestic insurers, with respect to the matters contained herein.

Acts 1971, No. 288, § 2; A.S.A. 1947, § 66-5002.
Ark. Code Ann. § 23-3-101 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-101
Organization or reorganization
Status: in_force

(a) Organizations or reorganizations of all public utilities shall be subject to the supervision and control of the Arkansas Public Service Commission or the Arkansas Department of Transportation. (b) (1) No organization or reorganization shall be had or given effect without the written approval of the commission or the department. (2) No plan of organization or reorganization shall be approved by the commission or the department unless it shall be established by the applicant for approval that the plan is consistent with the public interest. Amended by Act 2017, No. 707,§ 105, eff. 8/1/2017. Acts 1935, No. 324, § 56; Pope's Dig., § 2116; A.S.A. 1947, § 73-252.

(a) Organizations or reorganizations of all public utilities shall be subject to the supervision and control of the Arkansas Public Service Commission or the Arkansas Department of Transportation.

(b) (1) No organization or reorganization shall be had or given effect without the written approval of the commission or the department. (2) No plan of organization or reorganization shall be approved by the commission or the department unless it shall be established by the applicant for approval that the plan is consistent with the public interest.

(1) No organization or reorganization shall be had or given effect without the written approval of the commission or the department.

(2) No plan of organization or reorganization shall be approved by the commission or the department unless it shall be established by the applicant for approval that the plan is consistent with the public interest.

Amended by Act 2017, No. 707,§ 105, eff. 8/1/2017.

Acts 1935, No. 324, § 56; Pope's Dig., § 2116; A.S.A. 1947, § 73-252.
Ark. Code Ann. § 23-114-502 — AR Code / Title 23 / Chapter 114 / Subchapter 5 / Section 23-114-502
Withdrawals from a bingo and raffle account
Status: in_force

(a) (1) Funds from the bingo and raffle account shall be withdrawn by preprinted, consecutively numbered checks or withdrawal slips, signed by an authorized representative of the licensed authorized organization and made payable to a person. (2) A check or withdrawal slip shall not be made payable to "cash", "bearer", or a fictitious payee. (3) The nature of the payment made shall also be noted on the face of the check or withdrawal slip. (b) The checks for the bingo and raffle account shall be imprinted with the words "Bingo and Raffle Account" and shall contain the licensed authorized organization's bingo and raffle license number on the face of each check. (c) A licensed authorized organization shall keep and account for all checks and withdrawal slips, including voided checks and withdrawal slips. Acts 2007, No. 388, § 1.

(a) (1) Funds from the bingo and raffle account shall be withdrawn by preprinted, consecutively numbered checks or withdrawal slips, signed by an authorized representative of the licensed authorized organization and made payable to a person. (2) A check or withdrawal slip shall not be made payable to "cash", "bearer", or a fictitious payee. (3) The nature of the payment made shall also be noted on the face of the check or withdrawal slip.

(1) Funds from the bingo and raffle account shall be withdrawn by preprinted, consecutively numbered checks or withdrawal slips, signed by an authorized representative of the licensed authorized organization and made payable to a person.

(2) A check or withdrawal slip shall not be made payable to "cash", "bearer", or a fictitious payee.

(3) The nature of the payment made shall also be noted on the face of the check or withdrawal slip.

(b) The checks for the bingo and raffle account shall be imprinted with the words "Bingo and Raffle Account" and shall contain the licensed authorized organization's bingo and raffle license number on the face of each check.

(c) A licensed authorized organization shall keep and account for all checks and withdrawal slips, including voided checks and withdrawal slips.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-10-410 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-410
Discrimination as to freight prohibited - Pooling, rebates, etc., prohibited
Status: in_force

(a) It shall be unlawful for any railroad company or its officers or agents to discriminate between persons, firms, corporations, or places in storage, demurrage charges, furnishing cars, or transportation and delivery of freight. (b) No pooling, rebate, drawback, or any similar device, either direct or indirect, will be allowed. Any such device shall be unlawful. 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.

(a) It shall be unlawful for any railroad company or its officers or agents to discriminate between persons, firms, corporations, or places in storage, demurrage charges, furnishing cars, or transportation and delivery of freight.

(b) No pooling, rebate, drawback, or any similar device, either direct or indirect, will be allowed. Any such device shall be unlawful.

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.