Ark. Code Ann. § 23-63-814 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-814
Corporate bonds and debentures
Status: in_force

(a) An insurer may invest in bonds, debentures, notes, and other evidences of indebtedness issued, assumed, or guaranteed by any solvent institution existing under the laws of the United States or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least fifty percent (50%) more than the par value of the entire issue of such obligations, but only if not more than one-third (1/3) of the total value of the required collateral consists of common stock. (b) An insurer may invest in secured and unsecured obligations of the institutions, other than obligations described in subsection (a) of this section, that are not in default as to principal or interest, if the obligations: (1) Are rated or expected to be rated by the Securities Valuation Office of the National Association of Insurance Commissioners, if not otherwise exempt under the Purposes and Procedures Manual of the Securities Valuation Office of the National Association of Insurance Commissioners; or (2) Bear interest at a fixed rate, with mandatory principal and interest due at specified times, and if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for five (5) fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than one and one-half (11/2) times its average annual fixed charges applicable to the period and if, during either of the last two (2) years of the period, the net earnings have been not less than one and one-half (11/2) times its fixed charges for the year. Amended by Act 2015, No. 1223,§ 15, eff. 7/22/2015. Acts 1959, No. 148, § 110; A.S.A. 1947, § 66-2614.

(a) An insurer may invest in bonds, debentures, notes, and other evidences of indebtedness issued, assumed, or guaranteed by any solvent institution existing under the laws of the United States or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least fifty percent (50%) more than the par value of the entire issue of such obligations, but only if not more than one-third (1/3) of the total value of the required collateral consists of common stock.

(b) An insurer may invest in secured and unsecured obligations of the institutions, other than obligations described in subsection (a) of this section, that are not in default as to principal or interest, if the obligations: (1) Are rated or expected to be rated by the Securities Valuation Office of the National Association of Insurance Commissioners, if not otherwise exempt under the Purposes and Procedures Manual of the Securities Valuation Office of the National Association of Insurance Commissioners; or (2) Bear interest at a fixed rate, with mandatory principal and interest due at specified times, and if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for five (5) fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than one and one-half (11/2) times its average annual fixed charges applicable to the period and if, during either of the last two (2) years of the period, the net earnings have been not less than one and one-half (11/2) times its fixed charges for the year.

(1) Are rated or expected to be rated by the Securities Valuation Office of the National Association of Insurance Commissioners, if not otherwise exempt under the Purposes and Procedures Manual of the Securities Valuation Office of the National Association of Insurance Commissioners; or

(2) Bear interest at a fixed rate, with mandatory principal and interest due at specified times, and if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for five (5) fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than one and one-half (11/2) times its average annual fixed charges applicable to the period and if, during either of the last two (2) years of the period, the net earnings have been not less than one and one-half (11/2) times its fixed charges for the year.

Amended by Act 2015, No. 1223,§ 15, eff. 7/22/2015.

Acts 1959, No. 148, § 110; A.S.A. 1947, § 66-2614.
Ark. Code Ann. § 23-13-201 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Motor Carrier Act, 1955". Acts 1955, No. 397, § 1; A.S.A. 1947, § 73-1754.

This subchapter may be cited as the "Arkansas Motor Carrier Act, 1955".

Acts 1955, No. 397, § 1; A.S.A. 1947, § 73-1754.
Ark. Code Ann. § 23-80-208 — AR Code / Title 23 / Chapter 80 / Subchapter 2 / Section 23-80-208
Approval of forms
Status: in_force

A policy form meeting the requirements of § 23-80-206(a) shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws. Acts 1979, No. 258, § 8; A.S.A. 1947, § 66-3258.

A policy form meeting the requirements of § 23-80-206(a) shall be approved notwithstanding the provisions of any other laws which specify the content of policies if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such laws.

Acts 1979, No. 258, § 8; A.S.A. 1947, § 66-3258.
Ark. Code Ann. § 23-111-510 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-510
Admission tax
Status: in_force

(a) (1) Each franchise holder authorized to conduct a race meeting under this chapter shall pay to the Arkansas Racing Commission for the use and benefit of the State of Arkansas either ten percent (10%) of all moneys received each day from admissions paid by persons attending the races at the meeting or the sum of ten cents (10¢) on each and every paid admission, whichever sum is the greater. (2) All payments provided in this section shall be made each day of any and every race meeting. (b) (1) The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of the passes. (2) It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale for any consideration any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder. (3) Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall upon conviction be guilty of a Class B misdemeanor. Acts 1957, No. 191, § 20; A.S.A. 1947, § 84-2835; Acts 1991, No. 664, § 2; 1991, No. 1020, § 2; 1999, No. 1508, §§ 11, 12; 2005, No. 1994, § 240.

(a) (1) Each franchise holder authorized to conduct a race meeting under this chapter shall pay to the Arkansas Racing Commission for the use and benefit of the State of Arkansas either ten percent (10%) of all moneys received each day from admissions paid by persons attending the races at the meeting or the sum of ten cents (10¢) on each and every paid admission, whichever sum is the greater. (2) All payments provided in this section shall be made each day of any and every race meeting.

(1) Each franchise holder authorized to conduct a race meeting under this chapter shall pay to the Arkansas Racing Commission for the use and benefit of the State of Arkansas either ten percent (10%) of all moneys received each day from admissions paid by persons attending the races at the meeting or the sum of ten cents (10¢) on each and every paid admission, whichever sum is the greater.

(2) All payments provided in this section shall be made each day of any and every race meeting.

(b) (1) The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of the passes. (2) It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale for any consideration any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder. (3) Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall upon conviction be guilty of a Class B misdemeanor.

(1) The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of the passes.

(2) It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale for any consideration any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder.

(3) Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall upon conviction be guilty of a Class B misdemeanor.

Acts 1957, No. 191, § 20; A.S.A. 1947, § 84-2835; Acts 1991, No. 664, § 2; 1991, No. 1020, § 2; 1999, No. 1508, §§ 11, 12; 2005, No. 1994, § 240.
Ark. Code Ann. § 23-76-105 — AR Code / Title 23 / Chapter 76 / Section 23-76-105
Penalties - Enforcement
Status: in_force

(a) In lieu of suspension or revocation of a certificate of authority under § 23-76-123 , the Insurance Commissioner may levy an administration penalty in an amount not less than two hundred fifty dollars ($250), nor more than two thousand five hundred dollars ($2,500), if reasonable notice in writing is given of the intent to levy the penalty and the health maintenance organization has a reasonable time within which to remedy the defect in its operations which gave rise to the penalty citation. The commissioner may augment this penalty by an amount equal to the sum that he or she calculates to be the damages suffered by the enrollees or other members of the public. (b) Any person who willfully violates this chapter shall be guilty of a Class A misdemeanor. (c) (1) If the commissioner shall for any reason have cause to believe that any violation of this chapter has occurred or is threatened, the commissioner may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in the suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to the suspected violation and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violations. (2) Proceedings under this subsection shall not be governed by formal procedural requirements and may be conducted in the manner the commissioner deems appropriate under the circumstances. (d) (1) The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter. (2) Within thirty (30) days after service of the order of cease and desist, the respondent may request a hearing on the questions of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to the provisions of §§ 23-61-303 - 23-61-307 , and judicial review shall be available as provided in § 23-66-212 . (e) In the case of any violation of the provisions of this chapter, if the commissioner elects not to issue a cease and desist order or in the event of noncompliance with a cease and desist order issued pursuant to subsection (d) of this section, the commissioner may institute a proceeding to obtain injunctive relief or, seeking other appropriate relief, in Pulaski County Circuit Court for actions of this nature. Amended by Act 2013, No. 1433,§ 1, eff. 8/16/2013. Acts 1975, No. 454, § 24; A.S.A. 1947, § 66-5224; Acts 1987, No. 456, § 25; 2005, No. 1994, § 231.

(a) In lieu of suspension or revocation of a certificate of authority under § 23-76-123 , the Insurance Commissioner may levy an administration penalty in an amount not less than two hundred fifty dollars ($250), nor more than two thousand five hundred dollars ($2,500), if reasonable notice in writing is given of the intent to levy the penalty and the health maintenance organization has a reasonable time within which to remedy the defect in its operations which gave rise to the penalty citation. The commissioner may augment this penalty by an amount equal to the sum that he or she calculates to be the damages suffered by the enrollees or other members of the public.

(b) Any person who willfully violates this chapter shall be guilty of a Class A misdemeanor.

(c) (1) If the commissioner shall for any reason have cause to believe that any violation of this chapter has occurred or is threatened, the commissioner may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in the suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to the suspected violation and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violations. (2) Proceedings under this subsection shall not be governed by formal procedural requirements and may be conducted in the manner the commissioner deems appropriate under the circumstances.

(1) If the commissioner shall for any reason have cause to believe that any violation of this chapter has occurred or is threatened, the commissioner may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in the suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to the suspected violation and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violations.

(2) Proceedings under this subsection shall not be governed by formal procedural requirements and may be conducted in the manner the commissioner deems appropriate under the circumstances.

(d) (1) The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter. (2) Within thirty (30) days after service of the order of cease and desist, the respondent may request a hearing on the questions of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to the provisions of §§ 23-61-303 - 23-61-307 , and judicial review shall be available as provided in § 23-66-212 .

(1) The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter.

(2) Within thirty (30) days after service of the order of cease and desist, the respondent may request a hearing on the questions of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to the provisions of §§ 23-61-303 - 23-61-307 , and judicial review shall be available as provided in § 23-66-212 .

(e) In the case of any violation of the provisions of this chapter, if the commissioner elects not to issue a cease and desist order or in the event of noncompliance with a cease and desist order issued pursuant to subsection (d) of this section, the commissioner may institute a proceeding to obtain injunctive relief or, seeking other appropriate relief, in Pulaski County Circuit Court for actions of this nature.

Amended by Act 2013, No. 1433,§ 1, eff. 8/16/2013.

Acts 1975, No. 454, § 24; A.S.A. 1947, § 66-5224; Acts 1987, No. 456, § 25; 2005, No. 1994, § 231.
Ark. Code Ann. § 23-96-111 — AR Code / Title 23 / Chapter 96 / Section 23-96-111
Impaired insurers
Status: in_force

If a member insurer is an impaired insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are approved by the Insurance Commissioner, may: (1) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, any or all of the policies or contracts of the impaired insurer; or (2) Provide the moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subdivision (1) of this section and assure payment of the contractual obligations of the impaired insurer pending action under subdivision (1) of this section. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, §§ 8, 11; 1997, No. 950, § 1.

If a member insurer is an impaired insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are approved by the Insurance Commissioner, may:

(1) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, any or all of the policies or contracts of the impaired insurer; or

(2) Provide the moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subdivision (1) of this section and assure payment of the contractual obligations of the impaired insurer pending action under subdivision (1) of this section.

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

Acts 1989, No. 444, §§ 8, 11; 1997, No. 950, § 1.
Ark. Code Ann. § 23-1-114 — AR Code / Title 23 / Chapter 1 / Section 23-1-114
Civil sanctions for violation of Acts 1919, No. 571, and Acts 1921, No. 124
Status: in_force

(a) Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility by agent or otherwise has knowingly, willfully, and purposefully violated any of the provisions of this act, the commission shall assess a civil sanction of one thousand dollars ($1,000) on that utility. Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance shall not be deemed to be a separate and distinct violation. (b) The power and authority of the commission to impose these civil sanctions are not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of the civil sanction preclude the commission from imposing other sanctions which are provided for by law. (c) 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. (d) 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 1919, No. 571, § 30; C. & M. Dig., § 1696; Acts 1921, No. 124, § 16; Pope's Dig., § 2015; Acts 1985, No. 688, § 4; A.S.A. 1947, § 73-125.

(a) Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility by agent or otherwise has knowingly, willfully, and purposefully violated any of the provisions of this act, the commission shall assess a civil sanction of one thousand dollars ($1,000) on that utility. Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance shall not be deemed to be a separate and distinct violation.

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

(c) 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.

(d) 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 1919, No. 571, § 30; C. & M. Dig., § 1696; Acts 1921, No. 124, § 16; Pope's Dig., § 2015; Acts 1985, No. 688, § 4; A.S.A. 1947, § 73-125.
Ark. Code Ann. § 23-89-517 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-517
Disposition of funds
Status: in_force

All money received under the provisions of this subchapter shall be deposited into the State Treasury to the credit of the Department of Labor and Licensing Special Fund. Amended by Act 2019, No. 910,§ 5519, eff. 7/1/2019. Acts 2001, No. 1365, § 13.

All money received under the provisions of this subchapter shall be deposited into the State Treasury to the credit of the Department of Labor and Licensing Special Fund.

Amended by Act 2019, No. 910,§ 5519, eff. 7/1/2019.

Acts 2001, No. 1365, § 13.
Ark. Code Ann. § 23-42-507 — AR Code / Title 23 / Chapter 42 / Subchapter 5 / Section 23-42-507
Fraud or deceit in connection with offer, sale, or purchase of securities
Status: in_force

It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly: (1) To employ any device, scheme, or artifice to defraud; (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or (3) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. Acts 1959, No. 254, § 1; A.S.A. 1947, § 67-1235.

It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly:

(1) To employ any device, scheme, or artifice to defraud;

(2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(3) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

Acts 1959, No. 254, § 1; A.S.A. 1947, § 67-1235.
Ark. Code Ann. § 23-48-302 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-302
Organizational expenses
Status: in_force

(a) Organizational expenses shall not be paid from capital or surplus funds of the state bank without the prior written consent of the Bank Commissioner. (b) (1) Prior to applying for a charter, the incorporators shall establish an organizational expense fund in an amount the commissioner deems adequate. (2) The fund shall be used for expenses incurred by the incorporators in connection with the organization of the proposed state bank. Acts 1997, No. 89, § 1.

(a) Organizational expenses shall not be paid from capital or surplus funds of the state bank without the prior written consent of the Bank Commissioner.

(b) (1) Prior to applying for a charter, the incorporators shall establish an organizational expense fund in an amount the commissioner deems adequate. (2) The fund shall be used for expenses incurred by the incorporators in connection with the organization of the proposed state bank.

(1) Prior to applying for a charter, the incorporators shall establish an organizational expense fund in an amount the commissioner deems adequate.

(2) The fund shall be used for expenses incurred by the incorporators in connection with the organization of the proposed state bank.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-13-231 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-231
Certificates, permits, and licenses - Effective dates
Status: in_force

Certificates, permits, and licenses shall be effective from the date specified therein and shall remain in effect until terminated as provided in this subchapter. Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No. 602, § 1; A.S.A. 1947, § 73-1767.

Certificates, permits, and licenses shall be effective from the date specified therein and shall remain in effect until terminated as provided in this subchapter.

Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No. 602, § 1; A.S.A. 1947, § 73-1767.
Ark. Code Ann. § 23-74-402 — AR Code / Title 23 / Chapter 74 / Subchapter 4 / Section 23-74-402
Beneficiaries
Status: in_force

(a) (1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. (2) Through its laws or rules, a society may limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract. (b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member. (c) If, at the death of any member, there is no lawful beneficiary to whom the insurance benefits are payable, the amount of such benefits, except to the extent that funeral benefits may be paid as provided in subsection (b) of this section, shall be payable to the personal representative of the deceased insured. However, if the owner of the certificate is other than the insured, the proceeds shall be payable to such an owner. Acts 1989, No. 881, § 1.

(a) (1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. (2) Through its laws or rules, a society may limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.

(1) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable.

(2) Through its laws or rules, a society may limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.

(b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member.

(c) If, at the death of any member, there is no lawful beneficiary to whom the insurance benefits are payable, the amount of such benefits, except to the extent that funeral benefits may be paid as provided in subsection (b) of this section, shall be payable to the personal representative of the deceased insured. However, if the owner of the certificate is other than the insured, the proceeds shall be payable to such an owner.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-86-511 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-511
Rules
Status: in_force

The Insurance Commissioner may promulgate rules necessary to implement the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2756, eff. 7/24/2019. Acts 2001, No. 925, § 11.

The Insurance Commissioner may promulgate rules necessary to implement the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2756, eff. 7/24/2019.

Acts 2001, No. 925, § 11.
Ark. Code Ann. § 23-90-121 — AR Code / Title 23 / Chapter 90 / Section 23-90-121
Certain advertisements, announcements, and statements prohibited - Exception
Status: in_force

(a) No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in other ways, any advertisement, announcement, or statement which uses the existence of the Arkansas Property and Casualty Advisory Association of this state for the purpose of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. (b) However, this section shall not apply to the association or to any other entity which does not sell or solicit insurance. Acts 1977, No. 871, § 18; A.S.A. 1947, § 66-5518.

(a) No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in other ways, any advertisement, announcement, or statement which uses the existence of the Arkansas Property and Casualty Advisory Association of this state for the purpose of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter.

(b) However, this section shall not apply to the association or to any other entity which does not sell or solicit insurance.

Acts 1977, No. 871, § 18; A.S.A. 1947, § 66-5518.
Ark. Code Ann. § 23-17-120 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-120
Establishment of calling plans
Status: in_force

(a) (1) The Arkansas Public Service Commission by rule shall establish calling plans in telephone exchanges in the state. (2) The commission shall determine the size of exchanges that will be eligible for the calling plan. (b) (1) The commission may establish end-user charges for the plan in an amount not to exceed two dollars and fifty cents ($2.50) per month per access line to be applied in the affected exchanges. In addition the commission may establish usage-based charges or other end-user charges as appropriate to fund the plan. (2) The plan shall be funded by customer charges under subdivision (b)(1) of this section and by the Arkansas Calling Plan Fund established by § 23-17-404(e) . (c) The plan may vary among telephone exchanges based on factors determined by the commission. (d) In establishing the calling plan, the commission shall consider basic local exchange rates, calling scopes, the ability of customers to call the county seat, access to industry and business, the cost of providing the calling plan, and the availability of funding from the Arkansas Calling Plan Fund. (e) The plan provided to different telephone exchanges may vary in minutes in the plan and the cost to customers for the plan and may be either mandatory or optional plans. (f) Any mandatory plan shall be subject to approval through a balloting process by the customers of the exchanges that would be subject to the monthly end-user charge associated with the proposed plan. A minimum of fifty-one percent (51%) of the ballots returned must be in favor of the proposed calling plan in order for the proposed calling plan to be implemented. (g) (1) Incumbent local exchange carriers shall not be entitled to Arkansas Universal Service Fund [superseded] recovery for lost toll revenues associated with the implementation of these calling plans. (2) In establishing the plans, the commission is required to ensure that all costs to incumbent local exchange carriers of implementing such plans, including, but not limited to, lost toll and access revenues, network and equipment costs, and costs incurred to terminate associated plan traffic are fully compensated by the combination of end-user charges and funds provided to each incumbent local exchange carrier from the Arkansas Calling Plan Fund. (3) Lost toll revenues shall be determined by a two-month study of actual toll usage and revenues for traffic on the proposed route. Amended by Act 2019, No. 315,§ 2464, eff. 7/24/2019. Amended by Act 2013, No. 442,§ 29, eff. 3/19/2013. Acts 2001, No. 1769, § 1.

(a) (1) The Arkansas Public Service Commission by rule shall establish calling plans in telephone exchanges in the state. (2) The commission shall determine the size of exchanges that will be eligible for the calling plan.

(1) The Arkansas Public Service Commission by rule shall establish calling plans in telephone exchanges in the state.

(2) The commission shall determine the size of exchanges that will be eligible for the calling plan.

(b) (1) The commission may establish end-user charges for the plan in an amount not to exceed two dollars and fifty cents ($2.50) per month per access line to be applied in the affected exchanges. In addition the commission may establish usage-based charges or other end-user charges as appropriate to fund the plan. (2) The plan shall be funded by customer charges under subdivision (b)(1) of this section and by the Arkansas Calling Plan Fund established by § 23-17-404(e) .

(1) The commission may establish end-user charges for the plan in an amount not to exceed two dollars and fifty cents ($2.50) per month per access line to be applied in the affected exchanges. In addition the commission may establish usage-based charges or other end-user charges as appropriate to fund the plan.

(2) The plan shall be funded by customer charges under subdivision (b)(1) of this section and by the Arkansas Calling Plan Fund established by § 23-17-404(e) .

(c) The plan may vary among telephone exchanges based on factors determined by the commission.

(d) In establishing the calling plan, the commission shall consider basic local exchange rates, calling scopes, the ability of customers to call the county seat, access to industry and business, the cost of providing the calling plan, and the availability of funding from the Arkansas Calling Plan Fund.

(e) The plan provided to different telephone exchanges may vary in minutes in the plan and the cost to customers for the plan and may be either mandatory or optional plans.

(f) Any mandatory plan shall be subject to approval through a balloting process by the customers of the exchanges that would be subject to the monthly end-user charge associated with the proposed plan. A minimum of fifty-one percent (51%) of the ballots returned must be in favor of the proposed calling plan in order for the proposed calling plan to be implemented.

(g) (1) Incumbent local exchange carriers shall not be entitled to Arkansas Universal Service Fund [superseded] recovery for lost toll revenues associated with the implementation of these calling plans. (2) In establishing the plans, the commission is required to ensure that all costs to incumbent local exchange carriers of implementing such plans, including, but not limited to, lost toll and access revenues, network and equipment costs, and costs incurred to terminate associated plan traffic are fully compensated by the combination of end-user charges and funds provided to each incumbent local exchange carrier from the Arkansas Calling Plan Fund. (3) Lost toll revenues shall be determined by a two-month study of actual toll usage and revenues for traffic on the proposed route.

(1) Incumbent local exchange carriers shall not be entitled to Arkansas Universal Service Fund [superseded] recovery for lost toll revenues associated with the implementation of these calling plans.

(2) In establishing the plans, the commission is required to ensure that all costs to incumbent local exchange carriers of implementing such plans, including, but not limited to, lost toll and access revenues, network and equipment costs, and costs incurred to terminate associated plan traffic are fully compensated by the combination of end-user charges and funds provided to each incumbent local exchange carrier from the Arkansas Calling Plan Fund.

(3) Lost toll revenues shall be determined by a two-month study of actual toll usage and revenues for traffic on the proposed route.

Amended by Act 2019, No. 315,§ 2464, eff. 7/24/2019.

Amended by Act 2013, No. 442,§ 29, eff. 3/19/2013.

Acts 2001, No. 1769, § 1.
Ark. Code Ann. § 23-63-109 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-109
Natural causes
Status: in_force

(a) (1) No insurance policy or contract covering damages to property shall be cancelled nor the renewal thereof denied solely as a result of claims arising from natural causes. (2) "Natural cause" is defined as an act occasioned exclusively by the violence of nature where all human agency is excluded from creating or entering into the cause of the damage or injury. (b) Any insurer which violates the provisions of this section shall be subject to the procedures and penalties provided under the Trade Practices Act, § 23-66-201 et seq. Acts 1997, No. 1110, § 1.

(a) (1) No insurance policy or contract covering damages to property shall be cancelled nor the renewal thereof denied solely as a result of claims arising from natural causes. (2) "Natural cause" is defined as an act occasioned exclusively by the violence of nature where all human agency is excluded from creating or entering into the cause of the damage or injury.

(1) No insurance policy or contract covering damages to property shall be cancelled nor the renewal thereof denied solely as a result of claims arising from natural causes.

(2) "Natural cause" is defined as an act occasioned exclusively by the violence of nature where all human agency is excluded from creating or entering into the cause of the damage or injury.

(b) Any insurer which violates the provisions of this section shall be subject to the procedures and penalties provided under the Trade Practices Act, § 23-66-201 et seq.

Acts 1997, No. 1110, § 1.
Ark. Code Ann. § 23-112-1006 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1006
Issuance of license - Change of location - Change of business or corporate name, structure, or DBA name - Dealers, manufacturers, and distributors
Status: in_force

(a) The license issued to each recreational vehicle dealer, manufacturer, or distributor shall specify the location of the factory, office, branch, or division of the recreational vehicle dealer, manufacturer, or distributor. (b) In case the location is changed, the Arkansas Motor Vehicle Commission shall endorse the change of location on the license without charge if it is within the same county in this state for a dealership or if it is within this state for a manufacturer or distributor. (c) The change of a dealership location to another county in this state or of a manufacturer or distributor to another state requires a new license. (d) (1) A licensee shall notify the commission in writing of any change in the business or corporate name or structure and of any alternate name or names in which the company will do business, otherwise known as "DBA names", and shall provide the original issue license with the notification of name change or addition of a DBA name or names. (2) The commission shall endorse the change on the license without charge. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) The license issued to each recreational vehicle dealer, manufacturer, or distributor shall specify the location of the factory, office, branch, or division of the recreational vehicle dealer, manufacturer, or distributor.

(b) In case the location is changed, the Arkansas Motor Vehicle Commission shall endorse the change of location on the license without charge if it is within the same county in this state for a dealership or if it is within this state for a manufacturer or distributor.

(c) The change of a dealership location to another county in this state or of a manufacturer or distributor to another state requires a new license.

(d) (1) A licensee shall notify the commission in writing of any change in the business or corporate name or structure and of any alternate name or names in which the company will do business, otherwise known as "DBA names", and shall provide the original issue license with the notification of name change or addition of a DBA name or names. (2) The commission shall endorse the change on the license without charge.

(1) A licensee shall notify the commission in writing of any change in the business or corporate name or structure and of any alternate name or names in which the company will do business, otherwise known as "DBA names", and shall provide the original issue license with the notification of name change or addition of a DBA name or names.

(2) The commission shall endorse the change on the license without charge.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-51-115 — AR Code / Title 23 / Chapter 51 / Section 23-51-115
Establishing a series of shares
Status: in_force

(a) If the articles of association expressly give the board authority to establish series and determine the preferences, limitations, and relative rights of each series of shares, the board may do so only on compliance with this section and any rules adopted under this chapter. (b) A series of shares may be established in the manner provided by the provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., as if the state trust company were a domestic corporation, but the shares of the series may not be issued and sold except upon compliance with this section. The state trust company shall file the original and one copy of the articles of amendment required by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., with the Bank Commissioner. Unless the submission presents novel or unusual questions, the commissioner shall approve or reject the series within thirty (30) days after the date the commissioner considers the submission informationally complete and accepted for filing. The commissioner may require the submission of additional information as considered necessary to an informed decision. (c) If the commissioner finds that the interests of the clients and creditors of the state trust company will not be adversely affected by the series, that the series otherwise conforms to law and any conditions imposed by the commissioner, and that any required filing fee has been paid, the commissioner shall: (1) Endorse the face of the original and copy of the statement with the date of approval and the word "Approved"; (2) File the original in the State Bank Department's records; and (3) Deliver a certified copy of the statement to the state trust company. Amended by Act 2019, No. 315,§ 2571, eff. 7/24/2019. Acts 1997, No. 940, § 15.

(a) If the articles of association expressly give the board authority to establish series and determine the preferences, limitations, and relative rights of each series of shares, the board may do so only on compliance with this section and any rules adopted under this chapter.

(b) A series of shares may be established in the manner provided by the provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., as if the state trust company were a domestic corporation, but the shares of the series may not be issued and sold except upon compliance with this section. The state trust company shall file the original and one copy of the articles of amendment required by the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., with the Bank Commissioner. Unless the submission presents novel or unusual questions, the commissioner shall approve or reject the series within thirty (30) days after the date the commissioner considers the submission informationally complete and accepted for filing. The commissioner may require the submission of additional information as considered necessary to an informed decision.

(c) If the commissioner finds that the interests of the clients and creditors of the state trust company will not be adversely affected by the series, that the series otherwise conforms to law and any conditions imposed by the commissioner, and that any required filing fee has been paid, the commissioner shall: (1) Endorse the face of the original and copy of the statement with the date of approval and the word "Approved"; (2) File the original in the State Bank Department's records; and (3) Deliver a certified copy of the statement to the state trust company.

(1) Endorse the face of the original and copy of the statement with the date of approval and the word "Approved";

(2) File the original in the State Bank Department's records; and

(3) Deliver a certified copy of the statement to the state trust company.

Amended by Act 2019, No. 315,§ 2571, eff. 7/24/2019.

Acts 1997, No. 940, § 15.
Ark. Code Ann. § 23-12-902 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-902
Liability for injury to persons or property generally
Status: in_force

All railroads which are built and operated in whole or in part of this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state. Acts 1961 (1st Ex. Sess.), No. 61, § 3; A.S.A. 1947, § 73-1001.

All railroads which are built and operated in whole or in part of this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state.

Acts 1961 (1st Ex. Sess.), No. 61, § 3; A.S.A. 1947, § 73-1001.
Ark. Code Ann. § 23-61-707 — AR Code / Title 23 / Chapter 61 / Subchapter 7 / Section 23-61-707
[Repealed]
Status: repealed

Repealed by Act 2021, No. 367,§ 9, eff. 7/28/2021. Acts 1993, No. 652, § 8; 1999, No. 881, § 7.

Repealed by Act 2021, No. 367,§ 9, eff. 7/28/2021.

Acts 1993, No. 652, § 8; 1999, No. 881, § 7.
Ark. Code Ann. § 23-79-1104 — AR Code / Title 23 / Chapter 79 / Subchapter 11 / Section 23-79-1104
Extraordinary surcharges prohibited
Status: in_force

(a) No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any: (1) Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or (2) Reduction in allowable reimbursement for prescription drug benefits. (b) This subchapter shall not be construed to: (1) Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs; (2) (A) Preclude the use of closed formularies. (B) However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or (3) Require any religious employer to comply with this subchapter. Acts 2005, No. 2217, § 1.

(a) No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any: (1) Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or (2) Reduction in allowable reimbursement for prescription drug benefits.

(1) Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or

(2) Reduction in allowable reimbursement for prescription drug benefits.

(b) This subchapter shall not be construed to: (1) Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs; (2) (A) Preclude the use of closed formularies. (B) However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or (3) Require any religious employer to comply with this subchapter.

(1) Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs;

(2) (A) Preclude the use of closed formularies. (B) However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or

(A) Preclude the use of closed formularies.

(B) However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or

(3) Require any religious employer to comply with this subchapter.

Acts 2005, No. 2217, § 1.
Ark. Code Ann. § 23-70-117 — AR Code / Title 23 / Chapter 70 / Section 23-70-117
Subscribers' liability
Status: in_force

(a) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several, and proportionate liability and not a joint liability. (b) Except as to a nonassessable policy, each subscriber shall have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers' agreement, for payment of actual losses and expenses incurred while his or her policy was in force. The contingent liability may be at the rate of not less than one (1) nor more than ten (10) times the premium or premium deposit stated in the policy, and the maximum aggregate thereof shall be computed in the manner set forth in § 23-70-119 . (c) Each assessable policy issued by the insurer shall contain a statement of the contingent liability. (d) (1) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for thirty (30) days. (2) Any judgment shall be binding upon each subscriber only in such proportion as his or her interests may appear and in an amount not exceeding his or her contingent liability, if any. Acts 1959, No. 148, §§ 530, 531; A.S.A. 1947, §§ 66-4321, 66-4322.

(a) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several, and proportionate liability and not a joint liability.

(b) Except as to a nonassessable policy, each subscriber shall have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers' agreement, for payment of actual losses and expenses incurred while his or her policy was in force. The contingent liability may be at the rate of not less than one (1) nor more than ten (10) times the premium or premium deposit stated in the policy, and the maximum aggregate thereof shall be computed in the manner set forth in § 23-70-119 .

(c) Each assessable policy issued by the insurer shall contain a statement of the contingent liability.

(d) (1) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for thirty (30) days. (2) Any judgment shall be binding upon each subscriber only in such proportion as his or her interests may appear and in an amount not exceeding his or her contingent liability, if any.

(1) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for thirty (30) days.

(2) Any judgment shall be binding upon each subscriber only in such proportion as his or her interests may appear and in an amount not exceeding his or her contingent liability, if any.

Acts 1959, No. 148, §§ 530, 531; A.S.A. 1947, §§ 66-4321, 66-4322.
Ark. Code Ann. § 23-46-209 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-209
Records and financial reports - Disposition of funds
Status: in_force

(a) The Bank Commissioner shall keep a true and perfect record of all of the business of the State Bank Department and shall make monthly reports to the Auditor of State of all fees he or she collects. (b) All fees and other revenues received by the department shall be deposited into the State Treasury as special revenues and credited to the Bank Department Fund to be used solely for the payment of the expenses of the department pursuant to the appropriations therefor. (c) Upon proper voucher from the commissioner, the Auditor of State shall issue the Auditor of State's warrant on the Treasurer of State in payment of all salaries and other expenses incurred in the administration of the Arkansas Banking Code of 1997. Amended by Act 2019, No. 910,§ 585, eff. 7/1/2019. Acts 1997, No. 89, § 1; 2007, No. 426, § 3.

(a) The Bank Commissioner shall keep a true and perfect record of all of the business of the State Bank Department and shall make monthly reports to the Auditor of State of all fees he or she collects.

(b) All fees and other revenues received by the department shall be deposited into the State Treasury as special revenues and credited to the Bank Department Fund to be used solely for the payment of the expenses of the department pursuant to the appropriations therefor.

(c) Upon proper voucher from the commissioner, the Auditor of State shall issue the Auditor of State's warrant on the Treasurer of State in payment of all salaries and other expenses incurred in the administration of the Arkansas Banking Code of 1997.

Amended by Act 2019, No. 910,§ 585, eff. 7/1/2019.

Acts 1997, No. 89, § 1; 2007, No. 426, § 3.
Ark. Code Ann. § 23-110-415 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-415
Failure to pay tax
Status: in_force

(a) Any franchise holder failing or refusing to pay the amount found to be due the Arkansas Racing Commission from any tax provided for or imposed by this chapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), in addition to the amount due from the franchise holder as provided in this chapter. (b) All fines paid into any court of this state by a franchise holder found guilty of violating this section shall be paid over by the clerk of the court to the commission within ten (10) days after it has been paid to the clerk by the franchise holder. Acts 1957, No. 46, § 26; A.S.A. 1947, § 84-2752; Acts 2005, No. 1994, § 156.

(a) Any franchise holder failing or refusing to pay the amount found to be due the Arkansas Racing Commission from any tax provided for or imposed by this chapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), in addition to the amount due from the franchise holder as provided in this chapter.

(b) All fines paid into any court of this state by a franchise holder found guilty of violating this section shall be paid over by the clerk of the court to the commission within ten (10) days after it has been paid to the clerk by the franchise holder.

Acts 1957, No. 46, § 26; A.S.A. 1947, § 84-2752; Acts 2005, No. 1994, § 156.
Ark. Code Ann. § 23-35-302 — AR Code / Title 23 / Chapter 35 / Subchapter 3 / Section 23-35-302
Amendments to articles of incorporation and bylaws
Status: in_force

(a) The articles of incorporation and the bylaws may be amended as provided in the bylaws. (b) (1) Amendments to the articles of incorporation and to the bylaws shall be submitted in writing to the State Credit Union Supervisor. (2) Amendments shall become effective upon approval in writing by the supervisor and payment of the appropriate fee to the appropriate state agency. Acts 1971, No. 132, § 3; A.S.A. 1947, § 67-903.

(a) The articles of incorporation and the bylaws may be amended as provided in the bylaws.

(b) (1) Amendments to the articles of incorporation and to the bylaws shall be submitted in writing to the State Credit Union Supervisor. (2) Amendments shall become effective upon approval in writing by the supervisor and payment of the appropriate fee to the appropriate state agency.

(1) Amendments to the articles of incorporation and to the bylaws shall be submitted in writing to the State Credit Union Supervisor.

(2) Amendments shall become effective upon approval in writing by the supervisor and payment of the appropriate fee to the appropriate state agency.

Acts 1971, No. 132, § 3; A.S.A. 1947, § 67-903.
Ark. Code Ann. § 23-63-103 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-103
Retaliation for unjustified refusal to permit business because of similar name
Status: in_force

Whenever any other state or foreign country refuses to permit any life insurer domiciled in Arkansas to enter in and transact insurance in the state or country upon the grounds that the name of the Arkansas insurer is the same or similar to the name of a life insurer domiciled in the other state or country, the Insurance Commissioner, if satisfied that no such similarity of names actually exists, that the refusal is unjustified, and that the Arkansas insurer should be permitted to do business in the other state or country, may, in his or her discretion, suspend or revoke the certificate of authority in Arkansas of that life insurer domiciled in the other state or country whose name has been so declared to be similar to that of the Arkansas insurer. Acts 1959, No. 148, § 67; A.S.A. 1947, § 66-2225.

Whenever any other state or foreign country refuses to permit any life insurer domiciled in Arkansas to enter in and transact insurance in the state or country upon the grounds that the name of the Arkansas insurer is the same or similar to the name of a life insurer domiciled in the other state or country, the Insurance Commissioner, if satisfied that no such similarity of names actually exists, that the refusal is unjustified, and that the Arkansas insurer should be permitted to do business in the other state or country, may, in his or her discretion, suspend or revoke the certificate of authority in Arkansas of that life insurer domiciled in the other state or country whose name has been so declared to be similar to that of the Arkansas insurer.

Acts 1959, No. 148, § 67; A.S.A. 1947, § 66-2225.
Ark. Code Ann. § 23-97-306 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-306
Extraterritorial jurisdiction - Group long-term care insurance
Status: in_force

No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state determines that the definition of "group long-term care insurance" under § 23-97-304 has been met. Acts 2005, No. 1697, § 31.

No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state determines that the definition of "group long-term care insurance" under § 23-97-304 has been met.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-14-114 — AR Code / Title 23 / Chapter 14 / Section 23-14-114
Issuance of certificates
Status: in_force

The Arkansas Department of Transportation, subject to §§ 23-14-109 and 23-14-111 - 23-14-113 , shall issue a certificate authorizing the whole or any part of the operation covered by an application for a certificate if it finds that the applicant is fit, willing, and able to perform the operation properly and to conform to the provisions of this chapter and the rules and requirements of the department hereunder and that the operation and the performance thereof by the applicant is required by the public convenience and necessity. Amended by Act 2019, No. 315,§ 2457, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 243, eff. 8/1/2017. Acts 1945, No. 252, § 7; A.S.A. 1947, § 74-407.

The Arkansas Department of Transportation, subject to §§ 23-14-109 and 23-14-111 - 23-14-113 , shall issue a certificate authorizing the whole or any part of the operation covered by an application for a certificate if it finds that the applicant is fit, willing, and able to perform the operation properly and to conform to the provisions of this chapter and the rules and requirements of the department hereunder and that the operation and the performance thereof by the applicant is required by the public convenience and necessity.

Amended by Act 2019, No. 315,§ 2457, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 243, eff. 8/1/2017.

Acts 1945, No. 252, § 7; A.S.A. 1947, § 74-407.
Ark. Code Ann. § 23-102-113 — AR Code / Title 23 / Chapter 102 / Section 23-102-113
Policy standards
Status: in_force

(a) The Arkansas Earthquake Authority shall offer a residential earthquake policy with dwelling coverage in amounts up to one hundred thousand dollars ($100,000). (b) Coverage for personal property and additional living expenses shall be provided as determined by the Board of the Arkansas Earthquake Authority in the plan of operation. (c) The applicable deductible for this coverage shall be determined by the board in the plan of operation. Acts 1999, No. 1343, § 13.

(a) The Arkansas Earthquake Authority shall offer a residential earthquake policy with dwelling coverage in amounts up to one hundred thousand dollars ($100,000).

(b) Coverage for personal property and additional living expenses shall be provided as determined by the Board of the Arkansas Earthquake Authority in the plan of operation.

(c) The applicable deductible for this coverage shall be determined by the board in the plan of operation.

Acts 1999, No. 1343, § 13.
Ark. Code Ann. § 23-60-106 — AR Code / Title 23 / Chapter 60 / Section 23-60-106
Prior acts, offenses, rights, etc., not affected
Status: in_force

The Arkansas Insurance Code shall not impair or affect any act done; offense committed or right accruing, accrued, or acquired; or liability, penalty, forfeiture, or punishment incurred prior to the time the Arkansas Insurance Code takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if the Arkansas Insurance Code had not been passed. Acts 1959, No. 148, § 695; A.S.A. 1947, § 66-2010n.

The Arkansas Insurance Code shall not impair or affect any act done; offense committed or right accruing, accrued, or acquired; or liability, penalty, forfeiture, or punishment incurred prior to the time the Arkansas Insurance Code takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if the Arkansas Insurance Code had not been passed.

Acts 1959, No. 148, § 695; A.S.A. 1947, § 66-2010n.
Ark. Code Ann. § 23-75-105 — AR Code / Title 23 / Chapter 75 / Section 23-75-105
Relationship of physician, patient, and hospital unaffected
Status: in_force

(a) Nothing in this chapter shall be deemed to alter the relationship of physician and patient. (b) The corporation shall not in any way influence the subscriber in his or her free choice of hospital or physician, other than to limit its benefits to participating hospitals and physicians. (c) Nothing in this chapter shall be deemed to abridge the right of any physician or hospital to decline patients in accordance with the standards and practices of the physician or hospital, and no such corporation shall be deemed to be engaged in the corporate practice of medicine. Acts 1959, No. 148, § 684; A.S.A. 1947, § 66-4914.

(a) Nothing in this chapter shall be deemed to alter the relationship of physician and patient.

(b) The corporation shall not in any way influence the subscriber in his or her free choice of hospital or physician, other than to limit its benefits to participating hospitals and physicians.

(c) Nothing in this chapter shall be deemed to abridge the right of any physician or hospital to decline patients in accordance with the standards and practices of the physician or hospital, and no such corporation shall be deemed to be engaged in the corporate practice of medicine.

Acts 1959, No. 148, § 684; A.S.A. 1947, § 66-4914.
Ark. Code Ann. § 23-54-109 — AR Code / Title 23 / Chapter 54 / Section 23-54-109
Remedies
Status: in_force

(a) A lender who fails to make loan advances as required in the loan documents shall pay the borrower triple the amount wrongfully withheld plus interest at the maximum legal rate. (b) No arrangement, transfer, or lien subject to this chapter shall be invalidated solely because of the failure of a lender to comply with any provision of this chapter. (c) Nothing in this section shall preclude the application of any other civil remedy provided by law. Acts 2005, No. 2166, § 1.

(a) A lender who fails to make loan advances as required in the loan documents shall pay the borrower triple the amount wrongfully withheld plus interest at the maximum legal rate.

(b) No arrangement, transfer, or lien subject to this chapter shall be invalidated solely because of the failure of a lender to comply with any provision of this chapter.

(c) Nothing in this section shall preclude the application of any other civil remedy provided by law.

Acts 2005, No. 2166, § 1.
Ark. Code Ann. § 23-3-305 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-305
Powers of commission
Status: in_force

The Arkansas Public Service Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind any orders or rules which it may find necessary or appropriate to carry out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2383, eff. 7/24/2019. Acts 1985, No. 343, § 9; A.S.A. 1947, § 73-142.9.

The Arkansas Public Service Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind any orders or rules which it may find necessary or appropriate to carry out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2383, eff. 7/24/2019.

Acts 1985, No. 343, § 9; A.S.A. 1947, § 73-142.9.
Ark. Code Ann. § 23-70-103 — AR Code / Title 23 / Chapter 70 / Section 23-70-103
Insuring powers
Status: in_force

(a) A reciprocal insurer, upon qualifying therefor as provided for by the Arkansas Insurance Code, may transact any kinds of insurance defined by the Arkansas Insurance Code, other than life or title insurances. (b) Such an insurer may purchase reinsurance, and may grant reinsurance as to any kind of insurance it is authorized to transact. Acts 1959, No. 148, § 513; A.S.A. 1947, § 66-4304.

(a) A reciprocal insurer, upon qualifying therefor as provided for by the Arkansas Insurance Code, may transact any kinds of insurance defined by the Arkansas Insurance Code, other than life or title insurances.

(b) Such an insurer may purchase reinsurance, and may grant reinsurance as to any kind of insurance it is authorized to transact.

Acts 1959, No. 148, § 513; A.S.A. 1947, § 66-4304.
Ark. Code Ann. § 23-63-1808 — AR Code / Title 23 / Chapter 63 / Subchapter 18 / Section 23-63-1808
Application - Audit recoupment
Status: in_force

The provisions of this subchapter that allow for audit recoupment from healthcare providers do not apply to a service that was authorized under § 23-99-1109 , § 23-99-1113 , or § 23-99-1116 , except as provided for in § 23-99-1109(b) . Added by Act 2017, No. 815,§ 1, eff. 8/1/2017.

The provisions of this subchapter that allow for audit recoupment from healthcare providers do not apply to a service that was authorized under § 23-99-1109 , § 23-99-1113 , or § 23-99-1116 , except as provided for in § 23-99-1109(b) .

Added by Act 2017, No. 815,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 23-111-503 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-503
Additional racing days for benefit of city general fund and Division of Developmental Disabilities Services
Status: in_force

(a) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct three (3) additional days of racing at any dog racing meet. The franchise holder shall agree that the net proceeds derived from the additional days shall be credited as follows: (1) One-third (1/3) to be deposited with the city treasurer or collector of the city in which the dog racing track is located for credit to the city general fund to be used for charitable purposes only, as determined by the mayor and governing body; and (2) Two-thirds (2/3) to be deposited with the Treasurer of State as special revenue to be used for the sole benefit for community programs of the Division of Developmental Disabilities Services. (b) Employees of the dog racing track shall be allowed to donate their services for the additional days of dog racing allowed by the commission under this section. (c) Net proceeds derived from the additional days of dog racing shall be the proceeds derived from the pari-mutuel wagering at, and admissions to, the dog racing track less the cost of salaries, if any, of all employees, fuel, lights, purses, taxes, and other fees and costs incurred by the franchise holder in conducting the additional days of racing. (d) The commission shall establish appropriate rules to assure compliance with the provisions of this section and shall audit and verify all receipts and expenditures of the franchise holder in determining compliance with this section. Amended by Act 2019, No. 315,§ 2821, eff. 7/24/2019. Acts 1985, No. 924, § 2; A.S.A. 1947, § 84-2849; Acts 1987, No. 383, § 2.

(a) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct three (3) additional days of racing at any dog racing meet. The franchise holder shall agree that the net proceeds derived from the additional days shall be credited as follows: (1) One-third (1/3) to be deposited with the city treasurer or collector of the city in which the dog racing track is located for credit to the city general fund to be used for charitable purposes only, as determined by the mayor and governing body; and (2) Two-thirds (2/3) to be deposited with the Treasurer of State as special revenue to be used for the sole benefit for community programs of the Division of Developmental Disabilities Services.

(1) One-third (1/3) to be deposited with the city treasurer or collector of the city in which the dog racing track is located for credit to the city general fund to be used for charitable purposes only, as determined by the mayor and governing body; and

(2) Two-thirds (2/3) to be deposited with the Treasurer of State as special revenue to be used for the sole benefit for community programs of the Division of Developmental Disabilities Services.

(b) Employees of the dog racing track shall be allowed to donate their services for the additional days of dog racing allowed by the commission under this section.

(c) Net proceeds derived from the additional days of dog racing shall be the proceeds derived from the pari-mutuel wagering at, and admissions to, the dog racing track less the cost of salaries, if any, of all employees, fuel, lights, purses, taxes, and other fees and costs incurred by the franchise holder in conducting the additional days of racing.

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

Amended by Act 2019, No. 315,§ 2821, eff. 7/24/2019.

Acts 1985, No. 924, § 2; A.S.A. 1947, § 84-2849; Acts 1987, No. 383, § 2.
Ark. Code Ann. § 23-79-117 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-117
Underwriters' and combination policies
Status: in_force

(a) (1) Two (2) or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names. (2) Any one (1) insurer may issue policies in the name of an underwriter's department, and the policy shall plainly show the true name of the insurer. (b) With the approval of the Insurance Commissioner, two (2) or more insurers may issue a combination policy which shall contain provisions substantially as follows: (1) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage according to the terms of the policy, or for specified percentages or amounts thereof aggregating the full amount of insurance under the policy; and (2) That service of process or of any notice or proof of loss required by the policy upon any of the insurers executing the policy shall constitute service upon all the insurers. (c) This section shall not apply to cosurety obligations. Acts 1959, No. 148, § 283; A.S.A. 1947, § 66-3216.

(a) (1) Two (2) or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names. (2) Any one (1) insurer may issue policies in the name of an underwriter's department, and the policy shall plainly show the true name of the insurer.

(1) Two (2) or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names.

(2) Any one (1) insurer may issue policies in the name of an underwriter's department, and the policy shall plainly show the true name of the insurer.

(b) With the approval of the Insurance Commissioner, two (2) or more insurers may issue a combination policy which shall contain provisions substantially as follows: (1) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage according to the terms of the policy, or for specified percentages or amounts thereof aggregating the full amount of insurance under the policy; and (2) That service of process or of any notice or proof of loss required by the policy upon any of the insurers executing the policy shall constitute service upon all the insurers.

(1) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage according to the terms of the policy, or for specified percentages or amounts thereof aggregating the full amount of insurance under the policy; and

(2) That service of process or of any notice or proof of loss required by the policy upon any of the insurers executing the policy shall constitute service upon all the insurers.

(c) This section shall not apply to cosurety obligations.

Acts 1959, No. 148, § 283; A.S.A. 1947, § 66-3216.
Ark. Code Ann. § 23-63-1901 — AR Code / Title 23 / Chapter 63 / Subchapter 19 / Section 23-63-1901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Property and Casualty Actuarial Opinion Law". Acts 2009, No. 726, § 24.

This subchapter shall be known and may be cited as the "Property and Casualty Actuarial Opinion Law".

Acts 2009, No. 726, § 24.
Ark. Code Ann. § 23-38-220 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-220
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 32; Pope's Dig., § 1009; A.S.A. 1947, § 67-863.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 32; Pope's Dig., § 1009; A.S.A. 1947, § 67-863.
Ark. Code Ann. § 23-115-204 — AR Code / Title 23 / Chapter 115 / Subchapter 2 / Section 23-115-204
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 73, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 3532, eff. 7/1/2019. Amended by Act 2015, No. 1258,§ 22, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

Repealed by Act 2023, No. 365,§ 73, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 3532, eff. 7/1/2019.

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

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-55-1002 — AR Code / Title 23 / Chapter 55 / Section 23-55-1002
Severability clause
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 2007, No. 1595, § 1.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-37-204 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-204
Records of hearings and decisions
Status: in_force

The Supervisor of Savings and Loan Associations shall maintain permanent records of all hearings and decisions. Acts 1963, No. 227, § 8; A.S.A. 1947, § 67-1808; Acts 1997, No. 258, § 3.

The Supervisor of Savings and Loan Associations shall maintain permanent records of all hearings and decisions.

Acts 1963, No. 227, § 8; A.S.A. 1947, § 67-1808; Acts 1997, No. 258, § 3.
Ark. Code Ann. § 23-99-205 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-205
Construction
Status: in_force

(a) Nothing in this subchapter shall be construed to require any healthcare insurer to cover any specific healthcare service. (b) Provided, however, no condition or measure shall have the effect of excluding any type or class of provider qualified under § 23-99-204(a)(3) to provide that service. Acts 1995, No. 505, § 5; 1995, No. 1193, § 3.

(a) Nothing in this subchapter shall be construed to require any healthcare insurer to cover any specific healthcare service.

(b) Provided, however, no condition or measure shall have the effect of excluding any type or class of provider qualified under § 23-99-204(a)(3) to provide that service.

Acts 1995, No. 505, § 5; 1995, No. 1193, § 3.
Ark. Code Ann. § 23-88-402 — AR Code / Title 23 / Chapter 88 / Subchapter 4 / Section 23-88-402
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1210,§ 6, eff. 7/22/2015. Acts 2003, No. 1345, § 2.

Repealed by Act 2015, No. 1210,§ 6, eff. 7/22/2015.

Acts 2003, No. 1345, § 2.
Ark. Code Ann. § 23-90-109 — AR Code / Title 23 / Chapter 90 / Section 23-90-109
Arkansas Property and Casualty Advisory Association - Reports and recommendations
Status: in_force

Reports or recommendations made by the Arkansas Property and Casualty Advisory Association to the Insurance Commissioner and his or her representatives shall not be considered public documents and there shall be no liability on the part of and no cause of action against a member of the association or the association itself for any report, individual report, recommendation, or individual recommendation by the association or members to the commissioner or his or her representatives. Acts 1977, No. 871, § 14; 1983, No. 522, § 39; A.S.A. 1947, § 66-5514.

Reports or recommendations made by the Arkansas Property and Casualty Advisory Association to the Insurance Commissioner and his or her representatives shall not be considered public documents and there shall be no liability on the part of and no cause of action against a member of the association or the association itself for any report, individual report, recommendation, or individual recommendation by the association or members to the commissioner or his or her representatives.

Acts 1977, No. 871, § 14; 1983, No. 522, § 39; A.S.A. 1947, § 66-5514.
Ark. Code Ann. § 23-55-602 — AR Code / Title 23 / Chapter 55 / Section 23-55-602
Cooperation
Status: in_force

The Securities Commissioner may consult and cooperate with other state money services regulators and agencies of the United States Government in enforcing and administering this chapter. They may jointly pursue examinations and take other official action that they are otherwise empowered to take. Acts 2007, No. 1595, § 1; 2009, No. 486, § 14.

The Securities Commissioner may consult and cooperate with other state money services regulators and agencies of the United States Government in enforcing and administering this chapter. They may jointly pursue examinations and take other official action that they are otherwise empowered to take.

Acts 2007, No. 1595, § 1; 2009, No. 486, § 14.
Ark. Code Ann. § 23-63-509 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-509
Control of or merger with domestic insurer - Alternative filing materials
Status: in_force

If any offer, request, invitation, agreement, or acquisition referred to in § 23-63-506 is proposed to be made by means of a registration statement under the Securities Act of 1933 or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934 or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in § 23-63-506 may utilize the documents in furnishing the information called for by that statement. Acts 1971, No. 288, § 5; A.S.A. 1947, § 66-5005.

If any offer, request, invitation, agreement, or acquisition referred to in § 23-63-506 is proposed to be made by means of a registration statement under the Securities Act of 1933 or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934 or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in § 23-63-506 may utilize the documents in furnishing the information called for by that statement.

Acts 1971, No. 288, § 5; A.S.A. 1947, § 66-5005.
Ark. Code Ann. § 23-63-204 — AR Code / Title 23 / Chapter 63 / Subchapter 2 / Section 23-63-204
Certificate of authority - Eligibility - Combinations of kinds of insurance
Status: in_force

An insurer which otherwise qualifies therefor may be authorized to transact any one (1) kind or combination of kinds of insurance, as defined in §§ 23-62-101 - 23-62-108 , except: (1) A life insurer shall be authorized to transact in addition only accident and health insurance. However, the Insurance Commissioner shall continue to so authorize any life insurer otherwise qualified that, immediately prior to January 1, 1960, was lawfully authorized to transact in this state kinds of insurance in addition to life and accident and health; (2) A reciprocal insurer shall not transact life insurance; and (3) A title insurer shall be a stock insurer. Acts 1959, No. 148, § 48; A.S.A. 1947, § 66-2206; Acts 2001, No. 1603, § 8.

An insurer which otherwise qualifies therefor may be authorized to transact any one (1) kind or combination of kinds of insurance, as defined in §§ 23-62-101 - 23-62-108 , except:

(1) A life insurer shall be authorized to transact in addition only accident and health insurance. However, the Insurance Commissioner shall continue to so authorize any life insurer otherwise qualified that, immediately prior to January 1, 1960, was lawfully authorized to transact in this state kinds of insurance in addition to life and accident and health;

(2) A reciprocal insurer shall not transact life insurance; and

(3) A title insurer shall be a stock insurer.

Acts 1959, No. 148, § 48; A.S.A. 1947, § 66-2206; Acts 2001, No. 1603, § 8.
Ark. Code Ann. § 23-88-307 — AR Code / Title 23 / Chapter 88 / Subchapter 3 / Section 23-88-307
Liability of insurer
Status: in_force

It being the intention of this subchapter to provide an adequate market for the property insurance coverages defined in this subchapter, no insurer participating in this plan shall be liable for any damages which may result from any extra-contractual liability or for any act or omission of any kind, the insurer's liability being limited solely to the property insurance coverages provided for in this subchapter. Acts 1985 (1st Ex. Sess.), No. 25, § 7; A.S.A. 1947, § 66-6107.

It being the intention of this subchapter to provide an adequate market for the property insurance coverages defined in this subchapter, no insurer participating in this plan shall be liable for any damages which may result from any extra-contractual liability or for any act or omission of any kind, the insurer's liability being limited solely to the property insurance coverages provided for in this subchapter.

Acts 1985 (1st Ex. Sess.), No. 25, § 7; A.S.A. 1947, § 66-6107.
Ark. Code Ann. § 23-67-203 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-203
Scope
Status: in_force

This chapter applies to all kinds of insurance written on risks in this state by any insurers authorized to do business in this state, except: (1) Life insurance; (2) Annuities; (3) Disability, including accident and health, insurance; (4) Ocean marine insurance; (5) Reinsurance; (6) Aircraft insurance; (7) Title insurance; (8) Workers' compensation and employers' liability insurance, except that the following provisions shall apply to these lines: §§ 23-66-206 ; 23-67-202(1), (4) -(6), and (9)-(12); 23-67-204 ; 23-67-205 ; 23-67-208 ; 23-67-214 ; 23-67-215(a) and (c) ; 23-67-216 ; 23-67-218 ; 23-67-219 ; and the Publisher's Note to Title 23, Chapter 67; (9) Motor vehicle service contracts, for so long as the motor vehicle service contract providers' exposures to their customers are fully insured by an insurer that is authorized to transact property and casualty insurance business in this state; or (10) Surplus lines insurance. Acts 1987, No. 959, § 4; 1989, No. 772, § 11; 1993, No. 805, § 13; 2001, No. 1555, § 10.

This chapter applies to all kinds of insurance written on risks in this state by any insurers authorized to do business in this state, except:

(1) Life insurance;

(2) Annuities;

(3) Disability, including accident and health, insurance;

(4) Ocean marine insurance;

(5) Reinsurance;

(6) Aircraft insurance;

(7) Title insurance;

(8) Workers' compensation and employers' liability insurance, except that the following provisions shall apply to these lines: §§ 23-66-206 ; 23-67-202(1), (4) -(6), and (9)-(12); 23-67-204 ; 23-67-205 ; 23-67-208 ; 23-67-214 ; 23-67-215(a) and (c) ; 23-67-216 ; 23-67-218 ; 23-67-219 ; and the Publisher's Note to Title 23, Chapter 67;

(9) Motor vehicle service contracts, for so long as the motor vehicle service contract providers' exposures to their customers are fully insured by an insurer that is authorized to transact property and casualty insurance business in this state; or

(10) Surplus lines insurance.

Acts 1987, No. 959, § 4; 1989, No. 772, § 11; 1993, No. 805, § 13; 2001, No. 1555, § 10.
Ark. Code Ann. § 23-89-405 — AR Code / Title 23 / Chapter 89 / Subchapter 4 / Section 23-89-405
Subrogation of insurer making payment
Status: in_force

In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury for which the payment is made, including the proceeds recoverable from the assets of the insolvent insurer. Acts 1965, No. 464, § 4; A.S.A. 1947, § 66-4006.

In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury for which the payment is made, including the proceeds recoverable from the assets of the insolvent insurer.

Acts 1965, No. 464, § 4; A.S.A. 1947, § 66-4006.
Ark. Code Ann. § 23-79-127 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-127
Claims administration by insurer not waiver
Status: in_force

Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder: (1) Acknowledgment of the receipt of notice of loss or claim under the policy; (2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted; or (3) Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any loss or claim, except that investigating and negotiations may constitute a waiver of proof of loss requirements. Acts 1959, No. 148, § 293; A.S.A. 1947, § 66-3226.

Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:

(1) Acknowledgment of the receipt of notice of loss or claim under the policy;

(2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted; or

(3) Investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any loss or claim, except that investigating and negotiations may constitute a waiver of proof of loss requirements.

Acts 1959, No. 148, § 293; A.S.A. 1947, § 66-3226.
Ark. Code Ann. § 23-91-201 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 26; A.S.A. 1947, § 66-5426.

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

Acts 1977, No. 368, § 26; A.S.A. 1947, § 66-5426.
Ark. Code Ann. § 23-112-901 — AR Code / Title 23 / Chapter 112 / Subchapter 9 / Section 23-112-901
Findings
Status: in_force

The General Assembly finds that: (1) A recreational vehicle special event sponsored by a city, county, nonprofit entity, or recreational vehicle owners' organization draws people from all over the state and other states; (2) A recreational vehicle 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 recreational vehicles at a recreational vehicle special event must be modified to lessen the restrictions that are hampering economic growth. Acts 2011, No. 263, § 1.

The General Assembly finds that:

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

(2) A recreational vehicle 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 recreational vehicles at a recreational vehicle special event must be modified to lessen the restrictions that are hampering economic growth.

Acts 2011, No. 263, § 1.
Ark. Code Ann. § 23-10-302 — AR Code / Title 23 / Chapter 10 / Subchapter 3 / Section 23-10-302
Express offices and delivery - Penalties
Status: in_force

(a) (1) All corporations doing an express business in Arkansas are required to establish and maintain an office in all cities of the first class in Arkansas, for the purpose of receiving shipments to be made by express and to receive and deliver all packages carried or sent by express to the cities. (2) The express offices shall be open for business in the cities at all reasonable times and hours. (b) The Arkansas Department of Transportation is authorized and directed to define the limits in the cities in which express companies shall make free delivery of all express packages received by them. (c) (1) Any express company refusing to establish and maintain the offices or refusing to deliver free any express packages received by them within the limits fixed by the department shall be guilty of a misdemeanor for each failure or refusal to comply with the terms of this section or the orders of the department and shall be fined in any sum not exceeding one hundred dollars ($100) for each offense. (2) Each day that the company refuses to establish and maintain the offices and each refusal to deliver within the territory fixed by the department shall be a separate offense. Amended by Act 2017, No. 707,§ 145, eff. 8/1/2017. Acts 1911, No. 356, §§ 1-3; C. & M. Dig., §§ 854-856, 938-940; Pope's Dig., §§ 1058-1060, 1142-1144; A.S.A. 1947, §§ 73-1301 -- 73-1303.

(a) (1) All corporations doing an express business in Arkansas are required to establish and maintain an office in all cities of the first class in Arkansas, for the purpose of receiving shipments to be made by express and to receive and deliver all packages carried or sent by express to the cities. (2) The express offices shall be open for business in the cities at all reasonable times and hours.

(1) All corporations doing an express business in Arkansas are required to establish and maintain an office in all cities of the first class in Arkansas, for the purpose of receiving shipments to be made by express and to receive and deliver all packages carried or sent by express to the cities.

(2) The express offices shall be open for business in the cities at all reasonable times and hours.

(b) The Arkansas Department of Transportation is authorized and directed to define the limits in the cities in which express companies shall make free delivery of all express packages received by them.

(c) (1) Any express company refusing to establish and maintain the offices or refusing to deliver free any express packages received by them within the limits fixed by the department shall be guilty of a misdemeanor for each failure or refusal to comply with the terms of this section or the orders of the department and shall be fined in any sum not exceeding one hundred dollars ($100) for each offense. (2) Each day that the company refuses to establish and maintain the offices and each refusal to deliver within the territory fixed by the department shall be a separate offense.

(1) Any express company refusing to establish and maintain the offices or refusing to deliver free any express packages received by them within the limits fixed by the department shall be guilty of a misdemeanor for each failure or refusal to comply with the terms of this section or the orders of the department and shall be fined in any sum not exceeding one hundred dollars ($100) for each offense.

(2) Each day that the company refuses to establish and maintain the offices and each refusal to deliver within the territory fixed by the department shall be a separate offense.

Amended by Act 2017, No. 707,§ 145, eff. 8/1/2017.

Acts 1911, No. 356, §§ 1-3; C. & M. Dig., §§ 854-856, 938-940; Pope's Dig., §§ 1058-1060, 1142-1144; A.S.A. 1947, §§ 73-1301 -- 73-1303.
Ark. Code Ann. § 23-36-108 — AR Code / Title 23 / Chapter 36 / Section 23-36-108
Powers generally
Status: in_force

(a) Industrial loan institutions shall be empowered to purchase, sell, discount, or negotiate bonds, notes, or other choses in action and issue, as evidence therefor, investment certificates, contracts, or agreements under any descriptive name. They may bear such interest, if any, as their terms may provide and may require the payment to the industrial loan institution of such amounts, from time to time, as their terms may provide. The industrial loan institution may permit the withdrawal or cancellation of amounts paid upon the bonds, notes, or other choses in action, in whole or in part, from time to time, and may credit amounts thereon upon such conditions as may be set forth therein. (b) The industrial loan institution shall have the right to lend money upon the collateral deposit of, and the compliance of the borrowers with the terms of, any investment certificate, contract, or agreements issued under subsection (a) of this section. (c) All industrial loan institutions operating under the provisions of this chapter shall so distinguish their operations and so qualify them as not to perform any of the functions of a commercial bank, savings bank, or trust company, outside of the specific authority provided for their operation under this chapter. Acts 1941, No. 111, §§ 3-5; A.S.A. 1947, §§ 67-1003 -- 67-1005.

(a) Industrial loan institutions shall be empowered to purchase, sell, discount, or negotiate bonds, notes, or other choses in action and issue, as evidence therefor, investment certificates, contracts, or agreements under any descriptive name. They may bear such interest, if any, as their terms may provide and may require the payment to the industrial loan institution of such amounts, from time to time, as their terms may provide. The industrial loan institution may permit the withdrawal or cancellation of amounts paid upon the bonds, notes, or other choses in action, in whole or in part, from time to time, and may credit amounts thereon upon such conditions as may be set forth therein.

(b) The industrial loan institution shall have the right to lend money upon the collateral deposit of, and the compliance of the borrowers with the terms of, any investment certificate, contract, or agreements issued under subsection (a) of this section.

(c) All industrial loan institutions operating under the provisions of this chapter shall so distinguish their operations and so qualify them as not to perform any of the functions of a commercial bank, savings bank, or trust company, outside of the specific authority provided for their operation under this chapter.

Acts 1941, No. 111, §§ 3-5; A.S.A. 1947, §§ 67-1003 -- 67-1005.
Ark. Code Ann. § 23-51-169 — AR Code / Title 23 / Chapter 51 / Section 23-51-169
Name of trust institution
Status: in_force

A state trust company or out-of-state trust institution may register any name with the Bank Commissioner in connection with establishing a principal office or trust office in this state pursuant to this chapter, except that the commissioner may determine that a name proposed to be registered is potentially misleading to the public and require the registrant to select a name which is not potentially misleading. Acts 1997, No. 940, § 69.

A state trust company or out-of-state trust institution may register any name with the Bank Commissioner in connection with establishing a principal office or trust office in this state pursuant to this chapter, except that the commissioner may determine that a name proposed to be registered is potentially misleading to the public and require the registrant to select a name which is not potentially misleading.

Acts 1997, No. 940, § 69.
Ark. Code Ann. § 23-67-215 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-215
Insurers and advisory organizations - Prohibited activities
Status: in_force

(a) Monopolies. No insurer or advisory organization shall attempt to monopolize or to combine or conspire with any other person to monopolize an insurance market or make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of insurance. (b) Advisory Organizations: Prohibited Activity. In addition to the other prohibitions contained in this chapter, no advisory organization shall, except as specifically permitted under §§ 23-67-204 , 23-67-211 , 23-67-212 , and 23-67-216 : (1) Compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit except in lines designated by the Insurance Commissioner; or (2) File any manual or plan of rates, policy fees, or supporting information on behalf of an insurer. (c) An advisory organization may not have or adopt any rule, or exact any agreement, or formulate or engage in any program which would require any member, subscriber, or other insurer to: (1) Interfere with the right of any insurer to develop its rates independent of that advisory organization; (2) Utilize some or all of its services; (3) Adhere to its rates, rating plan, rating systems, underwriting rules, or policy forms; or (4) Prevent any insurer from acting independently. Acts 1987, No. 959, §§ 11, 12.

(a) Monopolies. No insurer or advisory organization shall attempt to monopolize or to combine or conspire with any other person to monopolize an insurance market or make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of insurance.

(b) Advisory Organizations: Prohibited Activity. In addition to the other prohibitions contained in this chapter, no advisory organization shall, except as specifically permitted under §§ 23-67-204 , 23-67-211 , 23-67-212 , and 23-67-216 : (1) Compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit except in lines designated by the Insurance Commissioner; or (2) File any manual or plan of rates, policy fees, or supporting information on behalf of an insurer.

(1) Compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit except in lines designated by the Insurance Commissioner; or

(2) File any manual or plan of rates, policy fees, or supporting information on behalf of an insurer.

(c) An advisory organization may not have or adopt any rule, or exact any agreement, or formulate or engage in any program which would require any member, subscriber, or other insurer to: (1) Interfere with the right of any insurer to develop its rates independent of that advisory organization; (2) Utilize some or all of its services; (3) Adhere to its rates, rating plan, rating systems, underwriting rules, or policy forms; or (4) Prevent any insurer from acting independently.

(1) Interfere with the right of any insurer to develop its rates independent of that advisory organization;

(2) Utilize some or all of its services;

(3) Adhere to its rates, rating plan, rating systems, underwriting rules, or policy forms; or

(4) Prevent any insurer from acting independently.

Acts 1987, No. 959, §§ 11, 12.
Ark. Code Ann. § 23-35-104 — AR Code / Title 23 / Chapter 35 / Subchapter 1 / Section 23-35-104
Insurance of accounts
Status: in_force

(a) Each credit union organized under this chapter shall obtain insurance of member share and deposit accounts under the provisions of Title II of the Federal Credit Union Act. (b) A credit union which has been denied a commitment for insurance of its share and deposit accounts shall either dissolve or merge with another credit union which is insured under Title II of the Federal Credit Union Act. Acts 1971, No. 132, § 2; 1975 (Extended Sess., 1976), No. 1182, § 1; A.S.A. 1947, § 67-902; reen. Acts 1987, No. 995, § 1.

(a) Each credit union organized under this chapter shall obtain insurance of member share and deposit accounts under the provisions of Title II of the Federal Credit Union Act.

(b) A credit union which has been denied a commitment for insurance of its share and deposit accounts shall either dissolve or merge with another credit union which is insured under Title II of the Federal Credit Union Act.

Acts 1971, No. 132, § 2; 1975 (Extended Sess., 1976), No. 1182, § 1; A.S.A. 1947, § 67-902; reen. Acts 1987, No. 995, § 1.
Ark. Code Ann. § 23-4-807 — AR Code / Title 23 / Chapter 4 / Subchapter 8 / Section 23-4-807
Free carriage, passage permitted
Status: in_force

(a) Nothing in the law shall prevent carriage, storage, or hauling free or at reduced rates for any city, county, or town government, nor the free carriage of destitute or indigent persons or ministers of the gospel, nor prevent the railroads from giving free transportation or transportation at reduced rates to the inmates of hospitals, or eleemosynary and charitable institutions. (b) Nothing in the law shall be construed to prevent railroads from giving free transportation to any railroad officer, agent, or employee, or attorney, stockholder, or director of the railroad company. Acts 1899, No. 119, § 8, p. 194; C. & M. Dig., § 850; Pope's Dig., § 1054; A.S.A. 1947, § 73-1535.

(a) Nothing in the law shall prevent carriage, storage, or hauling free or at reduced rates for any city, county, or town government, nor the free carriage of destitute or indigent persons or ministers of the gospel, nor prevent the railroads from giving free transportation or transportation at reduced rates to the inmates of hospitals, or eleemosynary and charitable institutions.

(b) Nothing in the law shall be construed to prevent railroads from giving free transportation to any railroad officer, agent, or employee, or attorney, stockholder, or director of the railroad company.

Acts 1899, No. 119, § 8, p. 194; C. & M. Dig., § 850; Pope's Dig., § 1054; A.S.A. 1947, § 73-1535.
Ark. Code Ann. § 23-62-301 — AR Code / Title 23 / Chapter 62 / Subchapter 3 / Section 23-62-301
Title - Applicability
Status: in_force

(a) This subchapter may be cited as the "Arkansas Credit for Reinsurance Law". (b) All reserves ceded to a nonadmitted reinsurer on insurance written in this state shall be subject to the provisions of this subchapter. Acts 1977, No. 790, § 2; A.S.A. 1947, § 66-2412; Acts 2001, No. 1603, § 6; 2007, No. 496, § 5.

(a) This subchapter may be cited as the "Arkansas Credit for Reinsurance Law".

(b) All reserves ceded to a nonadmitted reinsurer on insurance written in this state shall be subject to the provisions of this subchapter.

Acts 1977, No. 790, § 2; A.S.A. 1947, § 66-2412; Acts 2001, No. 1603, § 6; 2007, No. 496, § 5.
Ark. Code Ann. § 23-63-817 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-817
Insurance stocks
Status: in_force

(a) An insurer may invest in the stocks of other solvent insurers formed under the laws of this or another state if the stocks meet the applicable requirements of § 23-63-815 as to preferred or guaranteed stock or § 23-63-816 as to common stock, and, with the advance consent of the Insurance Commissioner, an insurer may invest in issued shares of its own capital stock, provided that these investments shall only be made from the insurer's earned surplus. Investments by an insurer in its own capital stock in accordance with the provisions of this section may be made by pro rata purchase from the insurer's shareholders or on a non-pro rata basis, at the election of the insurer. (b) With the commissioner's consent, an insurer may acquire and hold the controlling interest in the outstanding voting stock of another stock insurer formed under the laws of this or another state. All stocks under this subsection shall be subject to the limitation as to amount as provided in § 23-63-818 . Acts 1959, No. 148, § 113; 1971, No. 293, § 1; A.S.A. 1947, § 66-2617.

(a) An insurer may invest in the stocks of other solvent insurers formed under the laws of this or another state if the stocks meet the applicable requirements of § 23-63-815 as to preferred or guaranteed stock or § 23-63-816 as to common stock, and, with the advance consent of the Insurance Commissioner, an insurer may invest in issued shares of its own capital stock, provided that these investments shall only be made from the insurer's earned surplus. Investments by an insurer in its own capital stock in accordance with the provisions of this section may be made by pro rata purchase from the insurer's shareholders or on a non-pro rata basis, at the election of the insurer.

(b) With the commissioner's consent, an insurer may acquire and hold the controlling interest in the outstanding voting stock of another stock insurer formed under the laws of this or another state. All stocks under this subsection shall be subject to the limitation as to amount as provided in § 23-63-818 .

Acts 1959, No. 148, § 113; 1971, No. 293, § 1; A.S.A. 1947, § 66-2617.
Ark. Code Ann. § 23-16-203 — AR Code / Title 23 / Chapter 16 / Subchapter 2 / Section 23-16-203
Sureties
Status: in_force

No common carrier authorized to do business in this state, when requiring of an employee that he or she give a bond or undertaking of any nature whatsoever, shall require as surety thereon any person not a resident of this state. Nor shall any common carrier accept as surety any company, corporation, or association unless the company, corporation, or association is a corporation duly organized under the laws of the State of Arkansas or who shall have designated an agent residing within this state upon whom service of legal process may be had as provided by law for foreign corporations doing business in this state and shall also have in this state a general office in which it shall require that every bond or undertaking shall be approved, if approved and cancelled, and where a complete record thereof shall be kept. Acts 1911, No. 166, § 2; C. & M. Dig., § 7122; Pope's Dig., § 9108; A.S.A. 1947, § 73-2102.

No common carrier authorized to do business in this state, when requiring of an employee that he or she give a bond or undertaking of any nature whatsoever, shall require as surety thereon any person not a resident of this state. Nor shall any common carrier accept as surety any company, corporation, or association unless the company, corporation, or association is a corporation duly organized under the laws of the State of Arkansas or who shall have designated an agent residing within this state upon whom service of legal process may be had as provided by law for foreign corporations doing business in this state and shall also have in this state a general office in which it shall require that every bond or undertaking shall be approved, if approved and cancelled, and where a complete record thereof shall be kept.

Acts 1911, No. 166, § 2; C. & M. Dig., § 7122; Pope's Dig., § 9108; A.S.A. 1947, § 73-2102.
Ark. Code Ann. § 23-42-303 — AR Code / Title 23 / Chapter 42 / Subchapter 3 / Section 23-42-303
Minimum net capital requirement
Status: in_force

(a) The Securities Commissioner shall require a minimum net capital for registered broker-dealers in such amount as he or she may by rule prescribe and for registered investment advisers in the amount of twelve thousand five hundred dollars ($12,500). (b) However, subsection (a) of this section shall not apply to any registered investment adviser which maintains its principal place of business in a state other than Arkansas that: (1) Is registered or licensed as such in the state in which it maintains its principal place of business; and (2) Is in compliance with the applicable net capital requirements of the state in which it maintains its principal place of business. Acts 1959, No. 254, § 4; 1961, No. 248, § 2; 1973, No. 47, § 3; 1975, No. 844, § 3; A.S.A. 1947, § 67-1238; Acts 1995, No. 845, § 13; 1997, No. 173, § 13.

(a) The Securities Commissioner shall require a minimum net capital for registered broker-dealers in such amount as he or she may by rule prescribe and for registered investment advisers in the amount of twelve thousand five hundred dollars ($12,500).

(b) However, subsection (a) of this section shall not apply to any registered investment adviser which maintains its principal place of business in a state other than Arkansas that: (1) Is registered or licensed as such in the state in which it maintains its principal place of business; and (2) Is in compliance with the applicable net capital requirements of the state in which it maintains its principal place of business.

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

(2) Is in compliance with the applicable net capital requirements of the state in which it maintains its principal place of business.

Acts 1959, No. 254, § 4; 1961, No. 248, § 2; 1973, No. 47, § 3; 1975, No. 844, § 3; A.S.A. 1947, § 67-1238; Acts 1995, No. 845, § 13; 1997, No. 173, § 13.
Ark. Code Ann. § 23-13-310 — AR Code / Title 23 / Chapter 13 / Subchapter 3 / Section 23-13-310
Witness fees and costs
Status: in_force

(a) Witnesses who are summoned before the Arkansas Department of Transportation shall be paid the same fees and mileage as are paid to witnesses in courts of record. (b) Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees for mileage of all his or her witnesses. Amended by Act 2017, No. 707,§ 229, eff. 8/1/2017. Acts 1939, No. 315, § 9; A.S.A. 1947, § 73-1738.

(a) Witnesses who are summoned before the Arkansas Department of Transportation shall be paid the same fees and mileage as are paid to witnesses in courts of record.

(b) Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees for mileage of all his or her witnesses.

Amended by Act 2017, No. 707,§ 229, eff. 8/1/2017.

Acts 1939, No. 315, § 9; A.S.A. 1947, § 73-1738.
Ark. Code Ann. § 23-63-1613 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1613
Pools, plans, associations, and guaranty or insolvency funds
Status: in_force

(a) A captive insurance company, including a captive insurance company organized as a reciprocal insurer under this subchapter, shall not join or contribute financially to a plan, pool, association, or guaranty or insolvency fund in this state. (b) A captive insurance company, its insured, its parent, any affiliated company, any member organization of its association or, in the case of a captive insurance company organized as a reciprocal insurer, a subscriber of the company shall not receive a benefit from a plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of the captive insurance company. Acts 2001, No. 1391, § 13.

(a) A captive insurance company, including a captive insurance company organized as a reciprocal insurer under this subchapter, shall not join or contribute financially to a plan, pool, association, or guaranty or insolvency fund in this state.

(b) A captive insurance company, its insured, its parent, any affiliated company, any member organization of its association or, in the case of a captive insurance company organized as a reciprocal insurer, a subscriber of the company shall not receive a benefit from a plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of the captive insurance company.

Acts 2001, No. 1391, § 13.
Ark. Code Ann. § 23-18-1208 — AR Code / Title 23 / Chapter 18 / Subchapter 12 / Section 23-18-1208
Reporting related to commencement of broadband development program funded by federal grant or loan
Status: in_force

A local entity that has been awarded a federal grant or loan for a broadband development program shall report the status of the broadband development program to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences within nine (9) months of the award of the federal grant or loan. Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.

A local entity that has been awarded a federal grant or loan for a broadband development program shall report the status of the broadband development program to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences within nine (9) months of the award of the federal grant or loan.

Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Ark. Code Ann. § 23-50-106 — AR Code / Title 23 / Chapter 50 / Section 23-50-106
False statements or records - Bribery of commissioner, examiner, or department employee
Status: in_force

The following persons shall be guilty of a Class D felony: (1) Any person or persons who shall knowingly subscribe to or make or cause to be made any false statement or false entry in the books of any financial institution with the purpose to deceive the Bank Commissioner or examiner; (2) Any person or persons who shall knowingly subscribe to or exhibit false papers with the purpose to deceive the commissioner or the examiner; (3) Any person or persons who shall make or publish any false statement concerning the assets, liabilities, or affairs of any financial institution; or (4) Any person or persons who shall bribe or attempt to bribe or offer any gratuity to the commissioner or any examiner. Acts 1997, No. 89, § 1; 2005, No. 1994, § 447.

The following persons shall be guilty of a Class D felony:

(1) Any person or persons who shall knowingly subscribe to or make or cause to be made any false statement or false entry in the books of any financial institution with the purpose to deceive the Bank Commissioner or examiner;

(2) Any person or persons who shall knowingly subscribe to or exhibit false papers with the purpose to deceive the commissioner or the examiner;

(3) Any person or persons who shall make or publish any false statement concerning the assets, liabilities, or affairs of any financial institution; or

(4) Any person or persons who shall bribe or attempt to bribe or offer any gratuity to the commissioner or any examiner.

Acts 1997, No. 89, § 1; 2005, No. 1994, § 447.
Ark. Code Ann. § 23-12-512 — AR Code / Title 23 / Chapter 12 / Subchapter 5 / Section 23-12-512
Blocks in frogs and guardrails required
Status: in_force

(a) Any company owning or operating any railroads in this state shall be required to place and maintain blocks of a sufficient size in all its frogs and guardrails to prevent employees from getting their feet caught therein. (b) Any company owning and operating any railroad in this state violating the provisions of this section shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) for each separate offense. Acts 1911, No. 261, §§ 1, 2; C. & M. Dig., §§ 7118, 7120; Pope's Dig., §§ 9105, 9106; A.S.A. 1947, §§ 73-903, 73-904.

(a) Any company owning or operating any railroads in this state shall be required to place and maintain blocks of a sufficient size in all its frogs and guardrails to prevent employees from getting their feet caught therein.

(b) Any company owning and operating any railroad in this state violating the provisions of this section shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) for each separate offense.

Acts 1911, No. 261, §§ 1, 2; C. & M. Dig., §§ 7118, 7120; Pope's Dig., §§ 9105, 9106; A.S.A. 1947, §§ 73-903, 73-904.
Ark. Code Ann. § 23-4-414 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-414
Refunds of excessive rate collections under bond
Status: in_force

In the event a public utility has implemented under bond or other arrangements as a matter involving an immediate and impelling necessity pursuant to § 23-4-408 an amount which exceeds that allowed by the Arkansas Public Service Commission in its final order, the commission shall order the immediate refund of the excessive bonded collections. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

In the event a public utility has implemented under bond or other arrangements as a matter involving an immediate and impelling necessity pursuant to § 23-4-408 an amount which exceeds that allowed by the Arkansas Public Service Commission in its final order, the commission shall order the immediate refund of the excessive bonded collections.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-74-701 — AR Code / Title 23 / Chapter 74 / Subchapter 7 / Section 23-74-701
Service of process - Registered agent
Status: in_force

(a) (1) Every society authorized to do business in this state shall appoint in writing to the Insurance Commissioner an Arkansas resident as its registered agent to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such a writing that any lawful process against it that is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. (2) Copies of the registration, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. (b) On or after January 1, 2003, service shall be made upon the registered agent listed with the commissioner in the manner provided in §§ 23-63-301 - 23-63-304 , except that no service of legal process shall require a society to file its answer, pleading, or defense in less than thirty (30) calendar days after the date of service upon its registered agent in this state. Acts 1989, No. 881, § 1; 2001, No. 1604, § 74.

(a) (1) Every society authorized to do business in this state shall appoint in writing to the Insurance Commissioner an Arkansas resident as its registered agent to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such a writing that any lawful process against it that is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. (2) Copies of the registration, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.

(1) Every society authorized to do business in this state shall appoint in writing to the Insurance Commissioner an Arkansas resident as its registered agent to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such a writing that any lawful process against it that is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state.

(2) Copies of the registration, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.

(b) On or after January 1, 2003, service shall be made upon the registered agent listed with the commissioner in the manner provided in §§ 23-63-301 - 23-63-304 , except that no service of legal process shall require a society to file its answer, pleading, or defense in less than thirty (30) calendar days after the date of service upon its registered agent in this state.

Acts 1989, No. 881, § 1; 2001, No. 1604, § 74.
Ark. Code Ann. § 23-17-229 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-229
Use of revenues
Status: in_force

The revenues of the cooperative shall be devoted to: (1) The payment of operating and maintenance expenses, the rendition of efficient service, and the creation of adequate depreciation reserves sufficient to maintain the investment in facilities; (2) The payment of the principal and interest on outstanding obligations; (3) The payment of dividends on stock issued and outstanding, if any; (4) The creation of such reserves for improvements, construction, and contingencies as the board from time to time may prescribe; and (5) Any other purposes authorized by law. Acts 1951, No. 51, § 27; A.S.A. 1947, § 77-1627; Acts 1989, No. 437, § 18.

The revenues of the cooperative shall be devoted to:

(1) The payment of operating and maintenance expenses, the rendition of efficient service, and the creation of adequate depreciation reserves sufficient to maintain the investment in facilities;

(2) The payment of the principal and interest on outstanding obligations;

(3) The payment of dividends on stock issued and outstanding, if any;

(4) The creation of such reserves for improvements, construction, and contingencies as the board from time to time may prescribe; and

(5) Any other purposes authorized by law.

Acts 1951, No. 51, § 27; A.S.A. 1947, § 77-1627; Acts 1989, No. 437, § 18.
Ark. Code Ann. § 23-72-115 — AR Code / Title 23 / Chapter 72 / Section 23-72-115
Notice to members of scaled and reduced claims
Status: in_force

(a) Each insurer shall, on or before March 1 as to the preceding calendar year, give written notice thereof by mail to those of its members whose status and conditions of certificate or policy are similar, if the insurer has scaled and reduced its beneficial claims for the preceding year. (b) The notice shall contain the names and addresses of the deceased members, the accrued or face value of the certificate, and the amount received by the beneficiary and shall only include all those scaled or reduced claims by reason of insufficient yield of assessments or revenue apportioned to the settlement of such claims. (c) The notice shall have printed thereon as a heading in bold face type of not less than eighteen (18) points the words: "NOTICE AND WARNING". Acts 1959, No. 148, § 570; A.S.A. 1947, § 66-4515.

(a) Each insurer shall, on or before March 1 as to the preceding calendar year, give written notice thereof by mail to those of its members whose status and conditions of certificate or policy are similar, if the insurer has scaled and reduced its beneficial claims for the preceding year.

(b) The notice shall contain the names and addresses of the deceased members, the accrued or face value of the certificate, and the amount received by the beneficiary and shall only include all those scaled or reduced claims by reason of insufficient yield of assessments or revenue apportioned to the settlement of such claims.

(c) The notice shall have printed thereon as a heading in bold face type of not less than eighteen (18) points the words: "NOTICE AND WARNING".

Acts 1959, No. 148, § 570; A.S.A. 1947, § 66-4515.
Ark. Code Ann. § 23-3-110 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-110
Annual fees generally
Status: in_force

(a) (1) There is levied and charged and there shall be collected annually from each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation a fee in an amount equivalent to that proportion of the total utilities costs that the gross earnings of each of the utilities bear to the total gross earnings of all utilities. (2) However, the fee to be collected annually from each of the utilities shall not exceed, in any year, an amount exceeding two-fifths of one percent (2/5 of 1%) of the gross earnings of each respective utility. (3) In determining the amount of any fee for any individual utility pursuant to this subsection, the amount of gross earnings subject to the levy shall be reduced by any amounts derived from the sale of electricity to any other utility, an electric cooperative corporation, or any other entity at wholesale rates regulated by the Arkansas Public Service Commission or the Federal Energy Regulatory Commission. (b) (1) After determining the amount of the fee due to be paid by each of the utilities, the commission or the department having jurisdiction shall, annually on or before August 15, prepare and transmit to each of the utilities a statement of the fees due for utilities costs during the preceding fiscal year. (2) Thereafter, on or before August 31, each of the utilities shall pay to the secretary of the commission or the department having jurisdiction all fees shown to be due by the statements. (c) On receipt of the fees and charges, the secretary shall pay them into the State Treasury, and the amounts so received by the Treasurer of State shall be credited by him or her to the General Revenue Fund Account of the State Apportionment Fund. (d) In the event any utility fails or refuses to pay the fees provided for in this section on or before August 31, the commission or the department having jurisdiction shall add to the fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent tax and penalty to the Attorney General for collection. Amended by Act 2017, No. 707,§ 107, eff. 8/1/2017. Acts 1945, No. 40, § 3; A.S.A. 1947, §§ 73-249, 73-250; Acts 1987, No. 831, § 2.

(a) (1) There is levied and charged and there shall be collected annually from each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation a fee in an amount equivalent to that proportion of the total utilities costs that the gross earnings of each of the utilities bear to the total gross earnings of all utilities. (2) However, the fee to be collected annually from each of the utilities shall not exceed, in any year, an amount exceeding two-fifths of one percent (2/5 of 1%) of the gross earnings of each respective utility. (3) In determining the amount of any fee for any individual utility pursuant to this subsection, the amount of gross earnings subject to the levy shall be reduced by any amounts derived from the sale of electricity to any other utility, an electric cooperative corporation, or any other entity at wholesale rates regulated by the Arkansas Public Service Commission or the Federal Energy Regulatory Commission.

(1) There is levied and charged and there shall be collected annually from each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation a fee in an amount equivalent to that proportion of the total utilities costs that the gross earnings of each of the utilities bear to the total gross earnings of all utilities.

(2) However, the fee to be collected annually from each of the utilities shall not exceed, in any year, an amount exceeding two-fifths of one percent (2/5 of 1%) of the gross earnings of each respective utility.

(3) In determining the amount of any fee for any individual utility pursuant to this subsection, the amount of gross earnings subject to the levy shall be reduced by any amounts derived from the sale of electricity to any other utility, an electric cooperative corporation, or any other entity at wholesale rates regulated by the Arkansas Public Service Commission or the Federal Energy Regulatory Commission.

(b) (1) After determining the amount of the fee due to be paid by each of the utilities, the commission or the department having jurisdiction shall, annually on or before August 15, prepare and transmit to each of the utilities a statement of the fees due for utilities costs during the preceding fiscal year. (2) Thereafter, on or before August 31, each of the utilities shall pay to the secretary of the commission or the department having jurisdiction all fees shown to be due by the statements.

(1) After determining the amount of the fee due to be paid by each of the utilities, the commission or the department having jurisdiction shall, annually on or before August 15, prepare and transmit to each of the utilities a statement of the fees due for utilities costs during the preceding fiscal year.

(2) Thereafter, on or before August 31, each of the utilities shall pay to the secretary of the commission or the department having jurisdiction all fees shown to be due by the statements.

(c) On receipt of the fees and charges, the secretary shall pay them into the State Treasury, and the amounts so received by the Treasurer of State shall be credited by him or her to the General Revenue Fund Account of the State Apportionment Fund.

(d) In the event any utility fails or refuses to pay the fees provided for in this section on or before August 31, the commission or the department having jurisdiction shall add to the fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent tax and penalty to the Attorney General for collection.

Amended by Act 2017, No. 707,§ 107, eff. 8/1/2017.

Acts 1945, No. 40, § 3; A.S.A. 1947, §§ 73-249, 73-250; Acts 1987, No. 831, § 2.
Ark. Code Ann. § 23-17-216 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-216
Membership fees and capital credits
Status: in_force

(a) When a member of a cooperative has paid the membership fee in full, a certificate of membership shall be issued to the member. (b) Memberships in the cooperative and the certificates thereof shall be nontransferable and nonassignable. (c) Membership may be cancelled upon the resignation, expulsion, dissolution, change in ownership, or death of the member or by the death or divorce of either party to a joint membership, if joint memberships are provided for in the bylaws. (d) The membership fee shall not be refunded. (e) Cooperatives shall not pay capital credits to a member, former member, patron, or former patron while the cooperative has outstanding and unpaid obligations in excess of ten percent (10%) of its net assets. The board of directors in its discretion may authorize payment of any capital credits allocated to deceased former members or patrons as provided in the bylaws. If the outstanding and unpaid obligations of the cooperative are less than ten percent (10%) of the cooperative's net assets based upon the cooperative's consolidated balance sheet as of the close of the cooperative's most recently audited fiscal year, the board shall have the discretion to pay previously allocated capital credits in any amount or manner the board deems appropriate. Acts 1951, No. 51, § 18; A.S.A. 1947, § 77-1618; Acts 1989, No. 437, § 10; 1999, No. 946, § 4; 2007, No. 1579, § 1.

(a) When a member of a cooperative has paid the membership fee in full, a certificate of membership shall be issued to the member.

(b) Memberships in the cooperative and the certificates thereof shall be nontransferable and nonassignable.

(c) Membership may be cancelled upon the resignation, expulsion, dissolution, change in ownership, or death of the member or by the death or divorce of either party to a joint membership, if joint memberships are provided for in the bylaws.

(d) The membership fee shall not be refunded.

(e) Cooperatives shall not pay capital credits to a member, former member, patron, or former patron while the cooperative has outstanding and unpaid obligations in excess of ten percent (10%) of its net assets. The board of directors in its discretion may authorize payment of any capital credits allocated to deceased former members or patrons as provided in the bylaws. If the outstanding and unpaid obligations of the cooperative are less than ten percent (10%) of the cooperative's net assets based upon the cooperative's consolidated balance sheet as of the close of the cooperative's most recently audited fiscal year, the board shall have the discretion to pay previously allocated capital credits in any amount or manner the board deems appropriate.

Acts 1951, No. 51, § 18; A.S.A. 1947, § 77-1618; Acts 1989, No. 437, § 10; 1999, No. 946, § 4; 2007, No. 1579, § 1.
Ark. Code Ann. § 23-63-827 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-827
Chattel mortgages
Status: in_force

(a) In connection with a mortgage loan on the security of real estate designed and used primarily for residential purposes only, which mortgage loan was acquired pursuant to § 23-63-826 , an insurer may lend or invest an amount not exceeding twenty percent (20%) of the amount loaned on or invested in the real estate mortgage on the security of a chattel mortgage to be amortized by regular periodic payments within a term of not more than five (5) years and representing a first and prior lien, except for taxes not then delinquent, on personal property constituting durable equipment owned by the mortgagor and kept and used in the mortgaged premises. (b) For the purposes of this section, the term "durable equipment" shall include only mechanical refrigerators, air conditioning equipment, mechanical laundering machines, heating and cooking stoves and ranges, and, in addition, in the case of apartment houses and hotels, room furniture and furnishings. (c) (1) Prior to the acquisition of a chattel mortgage pursuant to this section, items of property to be included therein shall be separately appraised by a qualified appraiser and the fair market value thereof determined. (2) No chattel mortgage loan shall exceed in amount the same ratio of loan to the value of the property as is applicable to the companion loan on the real property. (d) This section shall not prohibit an insurer from taking liens on personal property as additional security for any investment otherwise eligible under this subchapter. Acts 1959, No. 148, § 123; A.S.A. 1947, § 66-2627; Acts 1993, No. 527, § 13.

(a) In connection with a mortgage loan on the security of real estate designed and used primarily for residential purposes only, which mortgage loan was acquired pursuant to § 23-63-826 , an insurer may lend or invest an amount not exceeding twenty percent (20%) of the amount loaned on or invested in the real estate mortgage on the security of a chattel mortgage to be amortized by regular periodic payments within a term of not more than five (5) years and representing a first and prior lien, except for taxes not then delinquent, on personal property constituting durable equipment owned by the mortgagor and kept and used in the mortgaged premises.

(b) For the purposes of this section, the term "durable equipment" shall include only mechanical refrigerators, air conditioning equipment, mechanical laundering machines, heating and cooking stoves and ranges, and, in addition, in the case of apartment houses and hotels, room furniture and furnishings.

(c) (1) Prior to the acquisition of a chattel mortgage pursuant to this section, items of property to be included therein shall be separately appraised by a qualified appraiser and the fair market value thereof determined. (2) No chattel mortgage loan shall exceed in amount the same ratio of loan to the value of the property as is applicable to the companion loan on the real property.

(1) Prior to the acquisition of a chattel mortgage pursuant to this section, items of property to be included therein shall be separately appraised by a qualified appraiser and the fair market value thereof determined.

(2) No chattel mortgage loan shall exceed in amount the same ratio of loan to the value of the property as is applicable to the companion loan on the real property.

(d) This section shall not prohibit an insurer from taking liens on personal property as additional security for any investment otherwise eligible under this subchapter.

Acts 1959, No. 148, § 123; A.S.A. 1947, § 66-2627; Acts 1993, No. 527, § 13.
Ark. Code Ann. § 23-115-401 — AR Code / Title 23 / Chapter 115 / Subchapter 4 / Section 23-115-401
Minority-owned businesses and female-owned businesses
Status: in_force

(a) It is the intent of the General Assembly that the Office of the Arkansas Lottery encourage participation by minority-owned businesses and female-owned businesses in one (1) or more of the lotteries under this chapter. (b) The office shall adopt a plan that encourages to the greatest extent possible a level of participation in the lotteries by minority-owned businesses and female-owned businesses and takes into account the total number of all retailers and vendors that may participate, including any subcontractors. (c) The office shall provide training programs and other educational activities to encourage minority-owned businesses and female-owned businesses to compete for contracts on an equal basis. (d) The office shall employ staff to develop and implement the plans and programs under subsections (b) and (c) of this section and to assist prospective vendors and retailers in entering into and competing for contracts. (e) The office shall monitor the results of minority-owned business and female-owned business participation and shall report the results of minority-owned business and female-owned business participation to the Governor and the Legislative Council on at least an annual basis. Amended by Act 2015, No. 1258,§ 30, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 35.

(a) It is the intent of the General Assembly that the Office of the Arkansas Lottery encourage participation by minority-owned businesses and female-owned businesses in one (1) or more of the lotteries under this chapter.

(b) The office shall adopt a plan that encourages to the greatest extent possible a level of participation in the lotteries by minority-owned businesses and female-owned businesses and takes into account the total number of all retailers and vendors that may participate, including any subcontractors.

(c) The office shall provide training programs and other educational activities to encourage minority-owned businesses and female-owned businesses to compete for contracts on an equal basis.

(d) The office shall employ staff to develop and implement the plans and programs under subsections (b) and (c) of this section and to assist prospective vendors and retailers in entering into and competing for contracts.

(e) The office shall monitor the results of minority-owned business and female-owned business participation and shall report the results of minority-owned business and female-owned business participation to the Governor and the Legislative Council on at least an annual basis.

Amended by Act 2015, No. 1258,§ 30, eff. 7/22/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 35.
Ark. Code Ann. § 23-51-147 — AR Code / Title 23 / Chapter 51 / Section 23-51-147
Recordkeeping
Status: in_force

A state trust company shall keep its fiduciary records separate and distinct from other records of the state trust company. The fiduciary records must contain all material information relative to each account as appropriate under the circumstances. Acts 1997, No. 940, § 47.

A state trust company shall keep its fiduciary records separate and distinct from other records of the state trust company. The fiduciary records must contain all material information relative to each account as appropriate under the circumstances.

Acts 1997, No. 940, § 47.
Ark. Code Ann. § 23-10-435 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-435
Liability for cars of another railroad
Status: in_force

(a) Every railroad company using cars of another railroad company, or cars which have been delivered to it by the other railroad company, shall be liable to the party entitled thereto to pay for the reasonable use and hire thereof and for injury or damages to or destruction of the cars, while in its possession or under its control, for the amount of such injury. In the case of cars in the shipment of freight between points wholly within this state, the amount for the use or hire of the cars may be prescribed by the Arkansas Department of Transportation, except where the owners of the cars and the railway companies agree upon the compensation, in which case the amount so fixed shall govern. (b) When any railroad company or owner of any car is dissatisfied with the amount fixed by the department for the use, hire, loss, or destruction of, or damage to, the cars, or when the railroad company which is liable therefor fails to pay for the use, hire, loss, or destruction of the cars, the department or person entitled thereto, or which is liable for the use, hire, loss, injury, or destruction of the cars, shall be entitled to establish the reasonable value thereof in a suit brought in any court of this state having jurisdiction of the parties and of the amount in controversy, and the court shall render such judgment as to it shall deem just and reasonable. Amended by Act 2017, No. 707,§ 150, eff. 8/1/2017. Acts 1909, No. 277, § 2, p. 814; C. & M. Dig., § 1635; Pope's Dig., § 1956; A.S.A. 1947, § 73-1306.

(a) Every railroad company using cars of another railroad company, or cars which have been delivered to it by the other railroad company, shall be liable to the party entitled thereto to pay for the reasonable use and hire thereof and for injury or damages to or destruction of the cars, while in its possession or under its control, for the amount of such injury. In the case of cars in the shipment of freight between points wholly within this state, the amount for the use or hire of the cars may be prescribed by the Arkansas Department of Transportation, except where the owners of the cars and the railway companies agree upon the compensation, in which case the amount so fixed shall govern.

(b) When any railroad company or owner of any car is dissatisfied with the amount fixed by the department for the use, hire, loss, or destruction of, or damage to, the cars, or when the railroad company which is liable therefor fails to pay for the use, hire, loss, or destruction of the cars, the department or person entitled thereto, or which is liable for the use, hire, loss, injury, or destruction of the cars, shall be entitled to establish the reasonable value thereof in a suit brought in any court of this state having jurisdiction of the parties and of the amount in controversy, and the court shall render such judgment as to it shall deem just and reasonable.

Amended by Act 2017, No. 707,§ 150, eff. 8/1/2017.

Acts 1909, No. 277, § 2, p. 814; C. & M. Dig., § 1635; Pope's Dig., § 1956; A.S.A. 1947, § 73-1306.
Ark. Code Ann. § 23-85-120 — AR Code / Title 23 / Chapter 85 / Section 23-85-120
Optional misstatement of age provision
Status: in_force

There may be a provision as follows: "Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age." Acts 1959, No. 148, § 403; A.S.A. 1947, § 66-3618.

There may be a provision as follows:

"Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age."

Acts 1959, No. 148, § 403; A.S.A. 1947, § 66-3618.
Ark. Code Ann. § 23-64-232 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-232
Premium delinquencies - Definitions
Status: in_force

(a) For purposes of this section: (1) "Account current" or "account rendered" means any system of account reconciliation between two (2) or more insurance producers, surplus lines brokers, or insurance companies that purports to render the status of the account between them in regard to the amount of net premium or return premium due; (2) "Insurance producer" shall have the meaning found in § 23-64-502 and shall also include surplus lines brokers; (3) "Insurer" shall have the meaning found in § 23-60-102 and shall include a surplus lines broker when it is representing the insurer in a transaction with an insurance producer; (4) "Reconciled item" means an item subject to an invoice, account current, or account rendered that is undisputed, liquidated, and not subject to reasonable dispute; and (5) "Surplus lines broker" shall have the meaning found in § 23-65-308 . (b) When the premium due for an insurance policy or endorsement to the policy becomes a reconciled item and the insurance producer fails to deliver to the insurer the premiums due for the insurance policy or endorsement within the time provided by the agreement between the insurance producer and the insurer, or within sixty (60) days if no agreement, the insurer shall demand in writing that within thirty (30) days after the date of the demand, the insurance producer shall: (1) Cure the default; and (2) Provide a sworn affidavit declaring: (A) That the total of its available cash and cash equivalent assets exceeds the total of all premiums that are due all of its customers and any insurers with which it holds an appointment or has a contractual relationship; (B) The insurance producer's license number or other identification issued by the State Insurance Department; and (C) Any other comments that describe the reason for the default or any reason that the default is disputed. (c) The insurer shall provide a copy of the demand and any statements received from the insurance producer pursuant to subsection (b) of this section to the Insurance Commissioner as attachments to the report on which the insurance producer appears, as required by subsection (d) of this section. (d) By the end of each month, the insurer shall furnish a report to the commissioner, on a form approved by the commissioner, the following information with respect to each insurance producer who was mailed a demand pursuant to subsection (b) of this section in the prior month: (1) The name of the agent or agency; (2) The amount of premiums that are in default; (3) The date of the inception of the insurance policy or endorsement; and (4) The date when the transaction became reconciled. (e) Failure of the insurance producer to comply with the reporting requirements of subdivision (b)(2) of this section shall constitute a Class A misdemeanor. (f) This section does not create an affirmative defense to, or a limitation on, prosecutions brought under § 23-64-223 . Acts 2001, No. 1827, § 1; 2003, No. 1350, §§ 1, 2.

(a) For purposes of this section: (1) "Account current" or "account rendered" means any system of account reconciliation between two (2) or more insurance producers, surplus lines brokers, or insurance companies that purports to render the status of the account between them in regard to the amount of net premium or return premium due; (2) "Insurance producer" shall have the meaning found in § 23-64-502 and shall also include surplus lines brokers; (3) "Insurer" shall have the meaning found in § 23-60-102 and shall include a surplus lines broker when it is representing the insurer in a transaction with an insurance producer; (4) "Reconciled item" means an item subject to an invoice, account current, or account rendered that is undisputed, liquidated, and not subject to reasonable dispute; and (5) "Surplus lines broker" shall have the meaning found in § 23-65-308 .

(1) "Account current" or "account rendered" means any system of account reconciliation between two (2) or more insurance producers, surplus lines brokers, or insurance companies that purports to render the status of the account between them in regard to the amount of net premium or return premium due;

(2) "Insurance producer" shall have the meaning found in § 23-64-502 and shall also include surplus lines brokers;

(3) "Insurer" shall have the meaning found in § 23-60-102 and shall include a surplus lines broker when it is representing the insurer in a transaction with an insurance producer;

(4) "Reconciled item" means an item subject to an invoice, account current, or account rendered that is undisputed, liquidated, and not subject to reasonable dispute; and

(5) "Surplus lines broker" shall have the meaning found in § 23-65-308 .

(b) When the premium due for an insurance policy or endorsement to the policy becomes a reconciled item and the insurance producer fails to deliver to the insurer the premiums due for the insurance policy or endorsement within the time provided by the agreement between the insurance producer and the insurer, or within sixty (60) days if no agreement, the insurer shall demand in writing that within thirty (30) days after the date of the demand, the insurance producer shall: (1) Cure the default; and (2) Provide a sworn affidavit declaring: (A) That the total of its available cash and cash equivalent assets exceeds the total of all premiums that are due all of its customers and any insurers with which it holds an appointment or has a contractual relationship; (B) The insurance producer's license number or other identification issued by the State Insurance Department; and (C) Any other comments that describe the reason for the default or any reason that the default is disputed.

(1) Cure the default; and

(2) Provide a sworn affidavit declaring: (A) That the total of its available cash and cash equivalent assets exceeds the total of all premiums that are due all of its customers and any insurers with which it holds an appointment or has a contractual relationship; (B) The insurance producer's license number or other identification issued by the State Insurance Department; and (C) Any other comments that describe the reason for the default or any reason that the default is disputed.

(A) That the total of its available cash and cash equivalent assets exceeds the total of all premiums that are due all of its customers and any insurers with which it holds an appointment or has a contractual relationship;

(B) The insurance producer's license number or other identification issued by the State Insurance Department; and

(C) Any other comments that describe the reason for the default or any reason that the default is disputed.

(c) The insurer shall provide a copy of the demand and any statements received from the insurance producer pursuant to subsection (b) of this section to the Insurance Commissioner as attachments to the report on which the insurance producer appears, as required by subsection (d) of this section.

(d) By the end of each month, the insurer shall furnish a report to the commissioner, on a form approved by the commissioner, the following information with respect to each insurance producer who was mailed a demand pursuant to subsection (b) of this section in the prior month: (1) The name of the agent or agency; (2) The amount of premiums that are in default; (3) The date of the inception of the insurance policy or endorsement; and (4) The date when the transaction became reconciled.

(1) The name of the agent or agency;

(2) The amount of premiums that are in default;

(3) The date of the inception of the insurance policy or endorsement; and

(4) The date when the transaction became reconciled.

(e) Failure of the insurance producer to comply with the reporting requirements of subdivision (b)(2) of this section shall constitute a Class A misdemeanor.

(f) This section does not create an affirmative defense to, or a limitation on, prosecutions brought under § 23-64-223 .

Acts 2001, No. 1827, § 1; 2003, No. 1350, §§ 1, 2.
Ark. Code Ann. § 23-38-402 — AR Code / Title 23 / Chapter 38 / Subchapter 4 / Section 23-38-402
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 31; Pope's Dig., § 1008; A.S.A. 1947, § 67-865; Acts 2005, No. 1994, § 151.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 31; Pope's Dig., § 1008; A.S.A. 1947, § 67-865; Acts 2005, No. 1994, § 151.
Ark. Code Ann. § 23-79-502 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-502
Short title
Status: in_force

This subchapter may be cited as the "Comprehensive Health Insurance Pool Act", and is amendatory to the Arkansas Insurance Code and the provisions of the Arkansas Insurance Code which are not in conflict with this subchapter are applicable to this subchapter. Acts 1997, No. 292, § 1.

This subchapter may be cited as the "Comprehensive Health Insurance Pool Act", and is amendatory to the Arkansas Insurance Code and the provisions of the Arkansas Insurance Code which are not in conflict with this subchapter are applicable to this subchapter.

Acts 1997, No. 292, § 1.
Ark. Code Ann. § 23-91-206 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-206
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 3; A.S.A. 1947, § 66-5403; Acts 1987, No. 619, § 1.

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

Acts 1977, No. 368, § 3; A.S.A. 1947, § 66-5403; Acts 1987, No. 619, § 1.
Ark. Code Ann. § 23-46-603 — AR Code / Title 23 / Chapter 46 / Subchapter 6 / Section 23-46-603
Technology service providers subject to examination by Bank Commissioner
Status: in_force

When a depository institution receives a covered service, by contract or otherwise, the performance of that service by a technology service provider to the depository institution is subject to examination by the Bank Commissioner to the same extent as if the covered service were performed by the depository institution itself. Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.

When a depository institution receives a covered service, by contract or otherwise, the performance of that service by a technology service provider to the depository institution is subject to examination by the Bank Commissioner to the same extent as if the covered service were performed by the depository institution itself.

Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.
Ark. Code Ann. § 23-69-403 — AR Code / Title 23 / Chapter 69 / Subchapter 4 / Section 23-69-403
Definitions
Status: in_force

As used in this subchapter: (1) "Insurance group" means an insurer and the insurer's affiliates that are in an insurance holding company system, as defined in the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.; (2) "Insurer" means the same as defined in § 23-62-402 , except "insurer" does not include an agency, authority, commission, or other instrumentality of the United States or any state or territory of the United States; (3) "Own risk and solvency assessment" means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer's or insurance group's current business plan and the sufficiency of capital resources to support those risks; (4) (A) "Own Risk and Solvency Assessment Guidance Manual" means the guidance manual developed and adopted by the National Association of Insurance Commissioners. (B) A revision made by the National Association of Insurance Commissioners to the Own Risk and Solvency Assessment Guidance Manual shall be implemented on January 1 following the calendar year that the revision is adopted by the National Association of Insurance Commissioners; and (5) "Own risk and solvency assessment summary report" means a confidential and proprietary summary of an insurer's or insurance group's own risk and solvency assessment. Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.

As used in this subchapter:

(1) "Insurance group" means an insurer and the insurer's affiliates that are in an insurance holding company system, as defined in the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.;

(2) "Insurer" means the same as defined in § 23-62-402 , except "insurer" does not include an agency, authority, commission, or other instrumentality of the United States or any state or territory of the United States;

(3) "Own risk and solvency assessment" means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer's or insurance group's current business plan and the sufficiency of capital resources to support those risks;

(4) (A) "Own Risk and Solvency Assessment Guidance Manual" means the guidance manual developed and adopted by the National Association of Insurance Commissioners. (B) A revision made by the National Association of Insurance Commissioners to the Own Risk and Solvency Assessment Guidance Manual shall be implemented on January 1 following the calendar year that the revision is adopted by the National Association of Insurance Commissioners; and

(A) "Own Risk and Solvency Assessment Guidance Manual" means the guidance manual developed and adopted by the National Association of Insurance Commissioners.

(B) A revision made by the National Association of Insurance Commissioners to the Own Risk and Solvency Assessment Guidance Manual shall be implemented on January 1 following the calendar year that the revision is adopted by the National Association of Insurance Commissioners; and

(5) "Own risk and solvency assessment summary report" means a confidential and proprietary summary of an insurer's or insurance group's own risk and solvency assessment.

Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.
Ark. Code Ann. § 23-18-508 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-508
Rules
Status: in_force

The Arkansas Public Service Commission shall have and is granted the power and authority to make and amend from time to time after reasonable notice and hearing reasonable rules establishing exemptions from some or all of the requirements of this subchapter for the construction, reconstruction, or expansion of any major utility facility which is unlikely to have major adverse environmental or economic impact by reason of length, size, location, available space, or right-of-way on or adjacent to existing utility facilities, and similar reasons. Amended by Act 2019, No. 315,§ 2477, eff. 7/24/2019. Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.

The Arkansas Public Service Commission shall have and is granted the power and authority to make and amend from time to time after reasonable notice and hearing reasonable rules establishing exemptions from some or all of the requirements of this subchapter for the construction, reconstruction, or expansion of any major utility facility which is unlikely to have major adverse environmental or economic impact by reason of length, size, location, available space, or right-of-way on or adjacent to existing utility facilities, and similar reasons.

Amended by Act 2019, No. 315,§ 2477, eff. 7/24/2019.

Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.
Ark. Code Ann. § 23-4-1102 — AR Code / Title 23 / Chapter 4 / Subchapter 11 / Section 23-4-1102
Exemption from general rate case procedure
Status: in_force

A generation and transmission cooperative may modify its rates and charges if: (1) At least three-fourths (3/4) of its board votes to change its rates and charges; (2) A proposed increase in the generation and transmission cooperative's rates and charges does not exceed five percent (5%) in any twelve-month period of the total gross revenues of the generation and transmission cooperative; and (3) Any additional requirements of this subchapter are satisfied. Acts 2009, No. 676, § 1.

A generation and transmission cooperative may modify its rates and charges if:

(1) At least three-fourths (3/4) of its board votes to change its rates and charges;

(2) A proposed increase in the generation and transmission cooperative's rates and charges does not exceed five percent (5%) in any twelve-month period of the total gross revenues of the generation and transmission cooperative; and

(3) Any additional requirements of this subchapter are satisfied.

Acts 2009, No. 676, § 1.
Ark. Code Ann. § 23-11-313 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-313
Debts of purchased or consolidated companies - Claims
Status: in_force

(a) (1) Whenever any railroad company, corporation, or individual purchases any railroad from any other railroad company, corporation, or individual, the company, corporation, or individual purchasing shall take and hold the railroad subject to all debts, liabilities, and obligations of the company from which the road was purchased. (2) Whenever any two (2) or more railroad companies shall be consolidated, the consolidated company shall be liable for all the debts, liabilities, and obligations of all the consolidated companies. (b) All persons or corporations having claims against the purchasing company or individual under this section shall present the claims to the purchasing company or individual within twelve (12) months after receiving notice from the purchasing company or individual of the sale or be forever barred. Acts 1889, No. 55, §§ 1, 2, p. 71; C. & M. Dig., §§ 8512, 8513; Pope's Dig., §§ 11088, 11089; A.S.A. 1947, §§ 73-419, 73-420.

(a) (1) Whenever any railroad company, corporation, or individual purchases any railroad from any other railroad company, corporation, or individual, the company, corporation, or individual purchasing shall take and hold the railroad subject to all debts, liabilities, and obligations of the company from which the road was purchased. (2) Whenever any two (2) or more railroad companies shall be consolidated, the consolidated company shall be liable for all the debts, liabilities, and obligations of all the consolidated companies.

(1) Whenever any railroad company, corporation, or individual purchases any railroad from any other railroad company, corporation, or individual, the company, corporation, or individual purchasing shall take and hold the railroad subject to all debts, liabilities, and obligations of the company from which the road was purchased.

(2) Whenever any two (2) or more railroad companies shall be consolidated, the consolidated company shall be liable for all the debts, liabilities, and obligations of all the consolidated companies.

(b) All persons or corporations having claims against the purchasing company or individual under this section shall present the claims to the purchasing company or individual within twelve (12) months after receiving notice from the purchasing company or individual of the sale or be forever barred.

Acts 1889, No. 55, §§ 1, 2, p. 71; C. & M. Dig., §§ 8512, 8513; Pope's Dig., §§ 11088, 11089; A.S.A. 1947, §§ 73-419, 73-420.
Ark. Code Ann. § 23-65-202 — AR Code / Title 23 / Chapter 65 / Subchapter 2 / Section 23-65-202
Commissioner process agent
Status: in_force

Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with such insurance by or on behalf of the insurer, shall be deemed to constitute an appointment by the insurer of the Insurance Commissioner and his or her successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any such contract or transaction; and shall be deemed to signify the insurer's agreement that any such service of process shall have the same legal effect and validity as personal service of process upon it in this state. Acts 1959, No. 148, § 184; A.S.A. 1947, § 66-2904.

Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with such insurance by or on behalf of the insurer, shall be deemed to constitute an appointment by the insurer of the Insurance Commissioner and his or her successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any such contract or transaction; and shall be deemed to signify the insurer's agreement that any such service of process shall have the same legal effect and validity as personal service of process upon it in this state.

Acts 1959, No. 148, § 184; A.S.A. 1947, § 66-2904.
Ark. Code Ann. § 23-35-804 — AR Code / Title 23 / Chapter 35 / Subchapter 8 / Section 23-35-804
Compensation of directors or committee members
Status: in_force

(a) With the exception of the treasurer of the credit union whom the board of directors of the credit union has specifically appointed or contracted to actually work in the credit union, no director or member of a credit committee or supervisory committee may receive compensation for performing the duties or responsibilities of the board or committee position to which the person was elected or appointed. (b) For purposes of this section, the term "compensation" specifically excludes reasonable and proper costs incurred by or on behalf of an official whether on a reimbursement basis or paid directly by the credit union in carrying out the responsibilities of the position. Acts 1971, No. 132, § 6; 1979, No. 206, § 1; 1985, No. 936, § 3; A.S.A. 1947, § 67-906.

(a) With the exception of the treasurer of the credit union whom the board of directors of the credit union has specifically appointed or contracted to actually work in the credit union, no director or member of a credit committee or supervisory committee may receive compensation for performing the duties or responsibilities of the board or committee position to which the person was elected or appointed.

(b) For purposes of this section, the term "compensation" specifically excludes reasonable and proper costs incurred by or on behalf of an official whether on a reimbursement basis or paid directly by the credit union in carrying out the responsibilities of the position.

Acts 1971, No. 132, § 6; 1979, No. 206, § 1; 1985, No. 936, § 3; A.S.A. 1947, § 67-906.
Ark. Code Ann. § 23-10-429 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-429
Employee demanding or receiving extra pay for furnishing car to shipper - Penalty
Status: in_force

(a) Any railroad employee who demands or receives from any shipper extra pay over and above the legal freight rate for placing or furnishing cars for the shipment of freight is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Each car so placed or furnished is a separate offense under this section. (b) Any shipper or other person who gives or offers to give any such extra pay to any such employee is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Amended by Act 2023, No. 180,§ 4, eff. 8/1/2023. Acts 1907, No. 193, § 20, p. 453; C. & M. Dig., § 912; Pope's Dig., § 1116; A.S.A. 1947, § 73-1327.

(a) Any railroad employee who demands or receives from any shipper extra pay over and above the legal freight rate for placing or furnishing cars for the shipment of freight is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than two hundred dollars ($200). Each car so placed or furnished is a separate offense under this section.

(b) Any shipper or other person who gives or offers to give any such extra pay to any such employee is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than two hundred dollars ($200).

Amended by Act 2023, No. 180,§ 4, eff. 8/1/2023.

Acts 1907, No. 193, § 20, p. 453; C. & M. Dig., § 912; Pope's Dig., § 1116; A.S.A. 1947, § 73-1327.
Ark. Code Ann. § 23-115-202 — AR Code / Title 23 / Chapter 115 / Subchapter 2 / Section 23-115-202
[Repealed]
Status: repealed

Repealed by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-79-407 — AR Code / Title 23 / Chapter 79 / Subchapter 4 / Section 23-79-407
Notice of free examination
Status: in_force

Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the Medicare supplement policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty (30) days of its delivery and to have the premium refunded if, after examination of the Medicare supplement policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner. Acts 1992 (1st Ex. Sess.), No. 72, § 3.

Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the Medicare supplement policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty (30) days of its delivery and to have the premium refunded if, after examination of the Medicare supplement policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner.

Acts 1992 (1st Ex. Sess.), No. 72, § 3.
Ark. Code Ann. § 23-37-603 — AR Code / Title 23 / Chapter 37 / Subchapter 6 / Section 23-37-603
[Repealed]
Status: repealed

Repealed by Act 2021, No. 576,§ 5, eff. 7/28/2021. Acts 1963, No. 227, §§ 14, 15; A.S.A. 1947, §§ 67-1814, 67-1815.

Repealed by Act 2021, No. 576,§ 5, eff. 7/28/2021.

Acts 1963, No. 227, §§ 14, 15; A.S.A. 1947, §§ 67-1814, 67-1815.
Ark. Code Ann. § 23-47-709 — AR Code / Title 23 / Chapter 47 / Subchapter 7 / Section 23-47-709
Revocation - Procedures available
Status: in_force

(a) (1) In addition to the authority conferred by any other law, if, in the opinion of the Bank Commissioner, a state bank is unlawfully or unsoundly operating a trust department or exercising, or has unlawfully or unsoundly operated or exercised, or has failed for a period of five (5) consecutive years to operate a trust department or exercise the powers granted by this subchapter, or otherwise fails or has failed to comply with the requirements of this subchapter, the commissioner may issue and serve upon the bank a notice of intent to revoke the authority of the bank to operate its trust department and exercise the powers granted by this subchapter. (2) The notice shall contain a statement of the facts constituting the alleged unlawful or unsound operation or exercise of powers, or failure to operate or exercise powers, or failure to comply, and shall fix a time and place at which a hearing will be held to determine whether an order revoking the authority to exercise the powers should issue against the bank. (b) The hearing shall be conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall be fixed for a date not earlier than thirty (30) days nor later than sixty (60) days after service of the notice unless an earlier or later date is set by the commissioner at the request of any state bank so served. (c) (1) Unless the state bank so served shall appear at the hearing by an authorized representative, it shall be deemed to have consented to the issuance of the revocation order. (2) In the event of consent, or if upon the record made at the hearing, the commissioner shall find that any allegation specified in the notice of charges has been established, the commissioner may issue and serve upon the state bank an order prohibiting it from accepting any new or additional trust accounts and revoking authority to operate its trust department and exercise any and all powers granted by this subchapter, except that the order shall permit the bank to continue to service all previously accepted trust accounts pending their expeditious divestiture or termination. (d) A revocation order shall become effective not earlier than the expiration of thirty (30) days after service of the order upon the state bank so served, except in the case of a revocation order issued upon consent, which shall become effective at the time specified therein, and shall remain effective and enforceable, except to the extent that it is stayed, modified, terminated, or set aside by action of the commissioner or a reviewing court. Acts 1997, No. 89, § 1.

(a) (1) In addition to the authority conferred by any other law, if, in the opinion of the Bank Commissioner, a state bank is unlawfully or unsoundly operating a trust department or exercising, or has unlawfully or unsoundly operated or exercised, or has failed for a period of five (5) consecutive years to operate a trust department or exercise the powers granted by this subchapter, or otherwise fails or has failed to comply with the requirements of this subchapter, the commissioner may issue and serve upon the bank a notice of intent to revoke the authority of the bank to operate its trust department and exercise the powers granted by this subchapter. (2) The notice shall contain a statement of the facts constituting the alleged unlawful or unsound operation or exercise of powers, or failure to operate or exercise powers, or failure to comply, and shall fix a time and place at which a hearing will be held to determine whether an order revoking the authority to exercise the powers should issue against the bank.

(1) In addition to the authority conferred by any other law, if, in the opinion of the Bank Commissioner, a state bank is unlawfully or unsoundly operating a trust department or exercising, or has unlawfully or unsoundly operated or exercised, or has failed for a period of five (5) consecutive years to operate a trust department or exercise the powers granted by this subchapter, or otherwise fails or has failed to comply with the requirements of this subchapter, the commissioner may issue and serve upon the bank a notice of intent to revoke the authority of the bank to operate its trust department and exercise the powers granted by this subchapter.

(2) The notice shall contain a statement of the facts constituting the alleged unlawful or unsound operation or exercise of powers, or failure to operate or exercise powers, or failure to comply, and shall fix a time and place at which a hearing will be held to determine whether an order revoking the authority to exercise the powers should issue against the bank.

(b) The hearing shall be conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall be fixed for a date not earlier than thirty (30) days nor later than sixty (60) days after service of the notice unless an earlier or later date is set by the commissioner at the request of any state bank so served.

(c) (1) Unless the state bank so served shall appear at the hearing by an authorized representative, it shall be deemed to have consented to the issuance of the revocation order. (2) In the event of consent, or if upon the record made at the hearing, the commissioner shall find that any allegation specified in the notice of charges has been established, the commissioner may issue and serve upon the state bank an order prohibiting it from accepting any new or additional trust accounts and revoking authority to operate its trust department and exercise any and all powers granted by this subchapter, except that the order shall permit the bank to continue to service all previously accepted trust accounts pending their expeditious divestiture or termination.

(1) Unless the state bank so served shall appear at the hearing by an authorized representative, it shall be deemed to have consented to the issuance of the revocation order.

(2) In the event of consent, or if upon the record made at the hearing, the commissioner shall find that any allegation specified in the notice of charges has been established, the commissioner may issue and serve upon the state bank an order prohibiting it from accepting any new or additional trust accounts and revoking authority to operate its trust department and exercise any and all powers granted by this subchapter, except that the order shall permit the bank to continue to service all previously accepted trust accounts pending their expeditious divestiture or termination.

(d) A revocation order shall become effective not earlier than the expiration of thirty (30) days after service of the order upon the state bank so served, except in the case of a revocation order issued upon consent, which shall become effective at the time specified therein, and shall remain effective and enforceable, except to the extent that it is stayed, modified, terminated, or set aside by action of the commissioner or a reviewing court.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-83-124 — AR Code / Title 23 / Chapter 83 / Section 23-83-124
Group insurance in unauthorized insurer
Status: in_force

(a) Any employer in this state withholding or collecting any money from employees who are residents of this state for any group life, annuity, or accident and health insurance placed with an unauthorized insurer in violation of § 23-83-123 shall be deemed to be the agent of the insurer for the purpose of service of process in any action brought by any employee on the insurance contract. (b) If the employee is unable to collect a judgment entered in an action against the unauthorized insurer, then the employer referred to in subsection (a) of this section shall be liable for the judgment. (c) An unauthorized insurer shall be deemed to be doing business in this state for the purpose of service of process in any action. (d) This section shall not apply to group insurance lawfully placed in an insurer as a surplus line under § 23-65-101 et seq. Acts 1981, No. 898, § 24; A.S.A. 1947, § 66-3524; Acts 2001, No. 1382, § 14; 2007, No. 496, § 17.

(a) Any employer in this state withholding or collecting any money from employees who are residents of this state for any group life, annuity, or accident and health insurance placed with an unauthorized insurer in violation of § 23-83-123 shall be deemed to be the agent of the insurer for the purpose of service of process in any action brought by any employee on the insurance contract.

(b) If the employee is unable to collect a judgment entered in an action against the unauthorized insurer, then the employer referred to in subsection (a) of this section shall be liable for the judgment.

(c) An unauthorized insurer shall be deemed to be doing business in this state for the purpose of service of process in any action.

(d) This section shall not apply to group insurance lawfully placed in an insurer as a surplus line under § 23-65-101 et seq.

Acts 1981, No. 898, § 24; A.S.A. 1947, § 66-3524; Acts 2001, No. 1382, § 14; 2007, No. 496, § 17.
Ark. Code Ann. § 23-80-409 — AR Code / Title 23 / Chapter 80 / Subchapter 4 / Section 23-80-409
Enabling clause
Status: in_force

The Insurance Commissioner shall promulgate rules necessary to implement this subchapter and shall look for guidance to the standards and implementation guides produced by the National Council for Prescription Drug Programs. Amended by Act 2019, No. 315,§ 2726, eff. 7/24/2019. Acts 2001, No. 1409, § 9.

The Insurance Commissioner shall promulgate rules necessary to implement this subchapter and shall look for guidance to the standards and implementation guides produced by the National Council for Prescription Drug Programs.

Amended by Act 2019, No. 315,§ 2726, eff. 7/24/2019.

Acts 2001, No. 1409, § 9.
Ark. Code Ann. § 23-12-901 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-901
Legislative intent
Status: in_force

It is the intent and purpose of this section and §§ 23-12-902 - 23-12-910 and 23-12-912 to reenact those provisions of law relating to railroads which were repealed by Acts 1961, No. 170 [repealed], and to place railroads on an equal basis with other persons, firms, and corporations with respect to comparative negligence. Acts 1961 (1st Ex. Sess.), No. 61, § 16; A.S.A. 1947, § 73-1102n.

It is the intent and purpose of this section and §§ 23-12-902 - 23-12-910 and 23-12-912 to reenact those provisions of law relating to railroads which were repealed by Acts 1961, No. 170 [repealed], and to place railroads on an equal basis with other persons, firms, and corporations with respect to comparative negligence.

Acts 1961 (1st Ex. Sess.), No. 61, § 16; A.S.A. 1947, § 73-1102n.
Ark. Code Ann. § 23-42-104 — AR Code / Title 23 / Chapter 42 / Subchapter 1 / Section 23-42-104
Criminal penalties
Status: in_force

(a) Any person who knowingly violates § 23-42-507 shall be guilty of the offense of "securities fraud". Securities fraud is a Class B felony. (b) Any person who knowingly violates § 23-42-501 shall be guilty of the offense of "felony offer or sale of unregistered and nonexempt securities". Felony offer or sale of unregistered and nonexempt securities is a Class D felony. (c) Any person who negligently violates § 23-42-501 shall be guilty of the offense of "offer or sale of unregistered and nonexempt securities". Offer or sale of unregistered and nonexempt securities is a Class A misdemeanor. (d) Any person who knowingly violates any rule or order of the Securities Commissioner shall be guilty of a Class B misdemeanor. No person may be imprisoned for a violation of any rule or order of which that person did not have actual knowledge. (e) Any person who knowingly engages in any unlawful conduct prohibited by this chapter, except as provided in subsection (a), subsection (b), subsection (c), or subsection (d) of this section, shall be guilty of a Class D felony. (f) "Purposely", "knowingly", "recklessly", "negligently", and the classes of felonies and misdemeanors set forth in this section shall be as defined and have such penalties as set forth in the Arkansas Criminal Code. (g) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or common law. (h) The provisions of subsection (e) of this section shall not apply to any violation of § 23-42-509 . Acts 1959, No. 254, § 21; 1961, No. 248, § 8; 1971, No. 131, § 5; 1973, No. 47, § 16; 1977, No. 493, § 12; 1979, No. 754, § 7; A.S.A. 1947, § 67-1255; Acts 1997, No. 173, § 3.

(a) Any person who knowingly violates § 23-42-507 shall be guilty of the offense of "securities fraud". Securities fraud is a Class B felony.

(b) Any person who knowingly violates § 23-42-501 shall be guilty of the offense of "felony offer or sale of unregistered and nonexempt securities". Felony offer or sale of unregistered and nonexempt securities is a Class D felony.

(c) Any person who negligently violates § 23-42-501 shall be guilty of the offense of "offer or sale of unregistered and nonexempt securities". Offer or sale of unregistered and nonexempt securities is a Class A misdemeanor.

(d) Any person who knowingly violates any rule or order of the Securities Commissioner shall be guilty of a Class B misdemeanor. No person may be imprisoned for a violation of any rule or order of which that person did not have actual knowledge.

(e) Any person who knowingly engages in any unlawful conduct prohibited by this chapter, except as provided in subsection (a), subsection (b), subsection (c), or subsection (d) of this section, shall be guilty of a Class D felony.

(f) "Purposely", "knowingly", "recklessly", "negligently", and the classes of felonies and misdemeanors set forth in this section shall be as defined and have such penalties as set forth in the Arkansas Criminal Code.

(g) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or common law.

(h) The provisions of subsection (e) of this section shall not apply to any violation of § 23-42-509 .

Acts 1959, No. 254, § 21; 1961, No. 248, § 8; 1971, No. 131, § 5; 1973, No. 47, § 16; 1977, No. 493, § 12; 1979, No. 754, § 7; A.S.A. 1947, § 67-1255; Acts 1997, No. 173, § 3.
Ark. Code Ann. § 23-66-216 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-216
Qualified payment amount - State audit process - Rules
Status: in_force

(a) The State Insurance Department shall develop a state audit process to ensure compliance with the requirements in the No Surprises Act of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, related to the calculation of a qualified payment amount. (b) The department shall promulgate rules to implement and administer this section. Added by Act 2023, No. 580,§ 1, eff. 8/1/2023.

(a) The State Insurance Department shall develop a state audit process to ensure compliance with the requirements in the No Surprises Act of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, related to the calculation of a qualified payment amount.

(b) The department shall promulgate rules to implement and administer this section.

Added by Act 2023, No. 580,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-4-720 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-720
Disposition of funds
Status: in_force

All fines and penalties recovered under the provisions of this act shall be paid into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund. Acts 1899, No. 53, § 21, p. 82; C. & M. Dig., § 1676; Pope's Dig., § 1986; A.S.A. 1947, § 73-108.

All fines and penalties recovered under the provisions of this act shall be paid into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.

Acts 1899, No. 53, § 21, p. 82; C. & M. Dig., § 1676; Pope's Dig., § 1986; A.S.A. 1947, § 73-108.
Ark. Code Ann. § 23-66-208 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-208
Power of commissioner to examine and investigate
Status: in_force

(a) The Insurance Commissioner shall have power to examine and investigate the affairs of every person engaged in the business of insurance in this state in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by § 23-66-205 . (b) (1) If the person engaged in the business of insurance is a depository institution, the commissioner shall have the power to examine and investigate the insurance activities of the depository institution in order to determine whether the depository institution has been or is engaged in any unfair trade practice prohibited by this subchapter. (2) Before beginning an examination or investigation under subdivision (b)(1) of this section, the commissioner shall notify the appropriate bank regulatory agency of the commissioner's intent to examine or investigate the depository institution and shall advise the appropriate federal banking agency of the suspected violations of state law. Acts 1959, No. 148, § 213; A.S.A. 1947, § 66-3006; Acts 2003, No. 1747, § 4.

(a) The Insurance Commissioner shall have power to examine and investigate the affairs of every person engaged in the business of insurance in this state in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by § 23-66-205 .

(b) (1) If the person engaged in the business of insurance is a depository institution, the commissioner shall have the power to examine and investigate the insurance activities of the depository institution in order to determine whether the depository institution has been or is engaged in any unfair trade practice prohibited by this subchapter. (2) Before beginning an examination or investigation under subdivision (b)(1) of this section, the commissioner shall notify the appropriate bank regulatory agency of the commissioner's intent to examine or investigate the depository institution and shall advise the appropriate federal banking agency of the suspected violations of state law.

(1) If the person engaged in the business of insurance is a depository institution, the commissioner shall have the power to examine and investigate the insurance activities of the depository institution in order to determine whether the depository institution has been or is engaged in any unfair trade practice prohibited by this subchapter.

(2) Before beginning an examination or investigation under subdivision (b)(1) of this section, the commissioner shall notify the appropriate bank regulatory agency of the commissioner's intent to examine or investigate the depository institution and shall advise the appropriate federal banking agency of the suspected violations of state law.

Acts 1959, No. 148, § 213; A.S.A. 1947, § 66-3006; Acts 2003, No. 1747, § 4.
Ark. Code Ann. § 23-94-210 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-210
Taxation
Status: in_force

(a) Each authorized risk retention group shall, on or before March 1 of each year, file with the commissioner on forms prescribed by the commissioner a statement for the preceding calendar year showing all premiums paid to the risk retention group for risks insured within this state. (b) Coincident with the filing of the report, each authorized risk retention group shall submit to the Treasurer of State through the commissioner, as a tax imposed for the privilege of transacting business as a risk retention group within this state, a tax of four percent (4%) on all premiums paid for coverages within this state to the risk retention group within the preceding calendar year as shown by the annual statement filed with the commissioner. (c) Agents or brokers shall report in an annual statement and pay the four percent (4%) tax on or before March 1 of each year for the premiums for risks which they have placed within the preceding calendar year with or on behalf of a risk retention group not authorized to do business in this state by a subsisting certificate of registration issued by the commissioner. (d) Any risk retention group, agent, or broker who fails to file the annual statement or fails to remit the tax as provided by law on March 1 when the tax is due shall be liable for a fine of one hundred dollars ($100) for each day of delinquency commencing with March 1. However, for good cause shown, the commissioner, after a written request, may grant a reasonable extension of time within which the statement may be filed and the tax paid. The tax may be collected by distraint, or the tax and fine may be covered by an action instituted by the commissioner in any court of competent jurisdiction. The commissioner shall pay to the Treasurer of State any fine so collected. Acts 1995, No. 623, § 1.

(a) Each authorized risk retention group shall, on or before March 1 of each year, file with the commissioner on forms prescribed by the commissioner a statement for the preceding calendar year showing all premiums paid to the risk retention group for risks insured within this state.

(b) Coincident with the filing of the report, each authorized risk retention group shall submit to the Treasurer of State through the commissioner, as a tax imposed for the privilege of transacting business as a risk retention group within this state, a tax of four percent (4%) on all premiums paid for coverages within this state to the risk retention group within the preceding calendar year as shown by the annual statement filed with the commissioner.

(c) Agents or brokers shall report in an annual statement and pay the four percent (4%) tax on or before March 1 of each year for the premiums for risks which they have placed within the preceding calendar year with or on behalf of a risk retention group not authorized to do business in this state by a subsisting certificate of registration issued by the commissioner.

(d) Any risk retention group, agent, or broker who fails to file the annual statement or fails to remit the tax as provided by law on March 1 when the tax is due shall be liable for a fine of one hundred dollars ($100) for each day of delinquency commencing with March 1. However, for good cause shown, the commissioner, after a written request, may grant a reasonable extension of time within which the statement may be filed and the tax paid. The tax may be collected by distraint, or the tax and fine may be covered by an action instituted by the commissioner in any court of competent jurisdiction. The commissioner shall pay to the Treasurer of State any fine so collected.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-4-107 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-107
Rate schedules - Greater or lesser rate not to be charged
Status: in_force

No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered by the public utility than that prescribed in the schedules of the public utility applicable thereto then filed in the manner provided in this act. Nor shall any person receive or accept any service from a public utility for a compensation greater or lesser than that prescribed in the schedules. Acts 1935, No. 324, § 12; Pope's Dig., § 2075; A.S.A. 1947, § 73-206.

No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered by the public utility than that prescribed in the schedules of the public utility applicable thereto then filed in the manner provided in this act. Nor shall any person receive or accept any service from a public utility for a compensation greater or lesser than that prescribed in the schedules.

Acts 1935, No. 324, § 12; Pope's Dig., § 2075; A.S.A. 1947, § 73-206.