reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-211 - Articles of incorporation - Amendment

(a)
Any cooperative organized under this subchapter, from time to time and as desired, may amend its articles of incorporation in any respect. However, only such provisions shall be inserted by amendment that could be lawfully and properly inserted in original articles of incorporation at the time of making the amendment.
(b)
Every amendment shall be made and effected in the manner following:
(1)
The board of directors of the cooperative shall adopt a resolution setting forth the amendment proposed, declaring its advisability, and calling a meeting of the members entitled to vote for the consideration thereof at the meeting, of which notice shall be given in the manner provided in §
23-17-217
;
(2)
If it appears that a majority of the members voting have voted at an annual meeting in favor of the amendment, the cooperative shall make under its corporate seal and the hand of its president or vice president and secretary or assistant secretary a verified certificate setting forth the amendment in full;
(3)
Duplicate originals of the certificate, so verified, shall be filed in the office of the Secretary of State, and one (1) of the duplicate originals bearing the filing by the Secretary of State shall be recorded in the office of the county clerk in the same manner as required in §
23-17-210
in regard to certified copies of original articles of incorporation; and
(4)
Upon the filing of the certificate with the Secretary of State, the charter of the cooperative shall be deemed to be amended accordingly.
Acts 1951, No. 51, § 9; A.S.A. 1947, § 77-1609; Acts 1997, No. 316, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-212 - Certificate of incorporation

(a)
Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the cooperative shall begin.
(b)
The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions required to be performed by the incorporators have been complied with and that the cooperative has been incorporated under this subchapter.
Acts 1951, No. 51, § 10; A.S.A. 1947, § 77-1610.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-213 - Organizational meeting

(a)
After the issuance of the certificate of incorporation, an organizational meeting shall be held at the call of a majority of the incorporators for the purpose of adopting bylaws and electing officers and for the transaction of such other business as may properly come before the meeting.
(b)
The incorporators calling the meeting shall give at least three (3) days' notice thereof by mail to each incorporator. The notice shall state the time and place of the meeting.
Acts 1951, No. 51, § 11; A.S.A. 1947, § 77-1611.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-214 - Bylaws

(a)
(1)
The power to make, alter, amend, or repeal the bylaws of the cooperative shall be vested in the board of directors, subject to amendment by the members at an annual meeting.
(2)
(A)
The board shall not change, alter, amend, or repeal a provision of the bylaws adopted by the members except upon a unanimous vote of the directors in favor of the change, alteration, amendment, or repeal.
(B)
If the directors change, alter, amend, or repeal a bylaw provision under this section, the bylaw provision shall remain effective unless the change, alteration, amendment, or repeal of the bylaw provision is presented by the members at the next annual or special meeting of the board.
(C)
If the members at the next annual or special meeting of the board do not vote to ratify the directors' action in changing, altering, amending, or repealing the bylaw provision in question, the bylaw provision in question shall be deleted from the bylaws, and the bylaw provision in question shall revert, effective the day after the members' meeting, to the wording that was in place immediately before the directors changed, altered, amended, or repealed the bylaw provision.
(b)
The bylaws may contain any provisions for the regulation and management of the affairs of the cooperative not inconsistent with law or the articles of incorporation.
Acts 1951, No. 51, § 12; A.S.A. 1947, § 77-1612; Acts 1997, No. 316, § 6; 1999, No. 946, § 2; 2009, No. 761, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-215 - Qualifications of members

Subject to the provisions of this subchapter, the articles of incorporation of a cooperative, and the bylaws of a cooperative, a cooperative's board shall have the authority to determine the qualifications for membership in the cooperative and to establish and from time to time modify procedures pursuant to which persons may become or remain members, as well as procedures for terminating a person's membership in the cooperative. Notwithstanding the foregoing provisions of this section, no person may become or remain a member of a cooperative who does not subscribe to telecommunications service supplied by the cooperative.
Acts 1951, No. 51, § 13; A.S.A. 1947, § 77-1613; Acts 1989, No. 437, § 9; 1999, No. 946, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-216 - Membership fees and capital credits

(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.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-217 - Meetings of members

(a)
Meetings of members may be held at such place as may be designated by the board. In the absence of any such provision, all meetings shall be held in the principal office of the cooperative in this state.
(b)
Annual meetings of the members shall be held at such time as may be designated by the board. Failure to hold the annual meeting at the designated time shall not work forfeiture or dissolution of the cooperative.
(c)
Special meetings of the members may be called by the president, or by the board of directors, and shall be called by the president upon petition signed by not less than ten percent (10%) of all the members.
(d)
Written or printed notice, containing the place, day, and hour of the meeting of members and, in case of special meeting, the purpose for which the meeting is called, shall be delivered not fewer than five (5) days nor more than sixty (60) days before the date of the meeting, either personally or by mail, to each member of record entitled to vote as a member at the meeting. If mailed, the notice shall be deemed to be delivered when deposited in the United States mails, with postage prepaid, in a sealed envelope addressed to the member at his or her address as it appears on the records of the cooperative.
(e)
Each member present in person at any meeting shall be entitled to one (1), and only one (1), vote on each matter submitted to a vote at a meeting of the members, but voting by mail or proxy may be provided for in the bylaws. Notwithstanding, the bylaws may require each member to vote in person on certain matters.
(f)
(1)
Unless the bylaws prescribe the presence of a greater percentage of the number of members for a quorum, a quorum for the transaction of business at all meetings of the members of the cooperative shall be ten percent (10%) of all members, and, of a cooperative having more than five hundred (500) members, a quorum shall be not fewer than fifty (50) members. However, in the event a cooperative is unable to attain a quorum at its annual meeting, the board of directors in the next annual meeting or in a notice of special meeting may declare that the number of members present at the meeting shall constitute a quorum for the purpose of conducting business.
(2)
If less than a quorum is present at any meeting, a majority of those present in person or by proxy may adjourn the meeting from time to time without further notice.
Acts 1951, No. 51, §§ 14-17; A.S.A. 1947, §§ 77-1614 -- 77-1617; Acts 1989, No. 437, § 11; 1997, No. 316, § 7; 1999, No. 946, §§ 5, 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-218 - Board of directors generally

(a)
The business affairs of a cooperative shall be managed by a board of directors consisting of not fewer than five (5) in number, which shall exercise all the powers of a cooperative except those which are conferred upon the members by this subchapter, by the articles of incorporation, by its certificate of incorporation, or by the bylaws of the cooperative.
(b)
Each of the directors shall be a member of the cooperative.
(c)
(1)
The bylaws shall prescribe the number of directors, their qualifications other than those prescribed in this subchapter, the manner of holding meetings of the board of directors, and the manner of electing successors to directors who resign, die, are removed, or otherwise are incapable of acting.
(2)
The bylaws may also provide for the removal of directors from office and for the election of their successors.
(d)
The directors shall be members of the cooperative and shall be entitled to such compensation, benefits, and reimbursement for expenses actually and necessarily incurred.
Acts 1951, No. 51, §§ 19, 20; A.S.A. 1947, §§ 77-1619, 77-1620; Acts 1991, No. 552, § 1; 1999, No. 946, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-219 - Board of directors - Elections - Term of office - Vacancies

(a)
The directors of a cooperative shall hold office until their terms expire or until their successors are elected and qualified.
(b)
(1)
At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office for the term for which they are elected and until their successors have been elected and qualified.
(2)
Instead of electing all of the directors annually, the bylaws may provide for staggered terms of no longer than nine (9) years for each director if approved at a meeting of the members.
(c)
Any vacancy occurring in the board shall be filled by the remaining directors. Such persons so elected to fill a vacancy shall serve until the board of directors shall call for an election to elect a successor, and until the successor has been elected and qualified.
Acts 1951, No. 51, §§ 20, 21; A.S.A. 1947, §§ 77-1620, 77-1621; Acts 1989, No. 437, § 12; 1999, No. 946, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-220 - Board of directors - Meetings

(a)
Meetings of the board of directors, regular or special, shall be held at such place and upon such notice as the bylaws may prescribe.
(b)
(1)
Neither the business to be transacted at, nor the purpose of, any regular meeting of the board of directors need be specified in the notice or waiver of notice of the meeting.
(2)
The notice of a special meeting of the board shall state the purpose of and the business to be transacted at the meeting.
(c)
(1)
A majority of the board of directors shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or by the bylaws.
(2)
The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board unless the act of a greater number is required by the articles of incorporation or by the bylaws.
Acts 1951, No. 51, §§ 22, 23; A.S.A. 1947, §§ 77-1622, 77-1623; Acts 1989, No. 437, § 13.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-221 - Officers, agents, and employees

(a)
(1)
(A)
The board of directors shall elect a president, a vice president, a secretary, and a treasurer, and one (1) person may be elected to the office of secretary-treasurer.
(B)
The board of directors may elect such other officers as it deems necessary.
(2)
The powers, duties, and terms of office of the foregoing officers shall be provided for in the bylaws.
(b)
The board of directors may appoint such other officers, agents, and employees as it deems necessary and fix their powers, duties, and compensation.
(c)
Any officer, agent, or employee elected or appointed by the board of directors subject to any contracts validly entered into by the cooperative may be removed by it whenever, in its judgment, the best interests of the cooperative will be served.
Acts 1951, No. 51, § 25; A.S.A. 1947, § 77-1625; Acts 1989, No. 437, § 14; 1993, No. 327, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-222 - Executive committee

(a)
By its bylaws, any cooperative may provide for an executive committee to be elected from and by its board of directors.
(b)
To such committee may be delegated the management of the current and ordinary business of the cooperative and such other duties as the bylaws may prescribe, but the designation of the committee and the delegation of authority thereto shall not operate to relieve the board of directors or any member thereof of any responsibility imposed upon it or him or her by this subchapter.
Acts 1951, No. 51, § 26; A.S.A. 1947, § 77-1626.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-223 - Waiver of notice of meeting

(a)
Any person entitled to notice of a meeting may waive notice in writing either before or after the meeting.
(b)
If any person attends a meeting, his or her attendance shall constitute a waiver of notice of the meeting, unless the person participates therein solely to object to the transaction of any business because the meeting has not been lawfully called or convened.
Acts 1951, No. 51, § 24; A.S.A. 1947, § 77-1624.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-224 - Consolidation

(a)
(1)
Any two (2) or more cooperatives may enter into an agreement subject to the approval by the required authorities, if any, for the consolidation of the cooperatives.
(2)
The agreement shall set forth the terms and conditions of the consolidation, the name and the proposed consolidated cooperative, the number of its directors, which shall be not fewer than five (5), the time of the annual meeting and election, and the names of at least five (5) persons to be directors until the first annual meeting.
(3)
Unless otherwise provided in the bylaws of either of the proposed consolidating cooperatives, if the agreement is approved by the votes of a majority of the members of each cooperative present in person or by proxy at any regular meeting, or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge as incorporators articles of consolidation conforming substantially to the original articles of incorporation of the cooperatives organized under this subchapter.
(b)
The articles of consolidation shall be executed, acknowledged, filed, and recorded in the same manner as the articles of incorporation of a cooperative organized under this subchapter.
(c)
As soon as the Secretary of State shall have accepted the articles of consolidation for filing and recording and issued a certificate of consolidation, the proposed consolidated cooperative described in the articles as its designated name shall be and become a body corporate with all of the powers of a cooperative as originally organized hereunder.
(d)
All of the rights, privileges, immunities, and franchises, and all real and personal property, including, without limitation, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating cooperatives shall be deemed to be transferred to and vested in the new cooperative without further act or deed.
(e)
The new cooperative shall be responsible and liable for all of the liabilities and obligations of each of the consolidating cooperatives. Any claim existing or actions or proceeding pending by or against any of the consolidating cooperatives may be prosecuted as if the consolidation had not taken place, but the new cooperative may be substituted in its place.
(f)
Neither the rights of creditors nor any liens upon the property of any of the consolidating cooperatives shall be impaired by the consolidation.
Acts 1951, No. 51, § 28; A.S.A. 1947, § 77-1628; Acts 1989, No. 437, § 15; 1997, No. 316, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-226 - Filing fees

The Secretary of State shall charge and collect for:
(1)
Filing articles of incorporation and issuing a certificate of incorporation - ten dollars ($10.00);
(2)
Filing articles of amendment and issuing a certificate of amendment - ten dollars ($10.00);
(3)
Filing articles of consolidation and issuing a certificate with respect to consolidation - ten dollars ($10.00); and
(4)
Filing a certificate of dissolution - one dollar ($1.00).
Acts 1951, No. 51, § 30; A.S.A. 1947, § 77-1630.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-228 - Nonprofit operation

(a)
Each cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons.
(b)
(1)
The bylaws of a cooperative or its contracts with members and patrons shall contain provisions consistent with §
23-17-229
relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit cooperative character.
(2)
In the case of a cooperative authorized to issue shares of stock, the bylaws and contracts shall provide that no moneys shall be paid, except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the certificate of incorporation of the cooperative, and the bylaws or contracts shall otherwise be consistent with cooperatives' obligations in respect to the shares of stock.
(c)
Subject to the provisions of this subchapter, the articles of incorporation of the cooperative, and the bylaws of the cooperative, the cooperative's board of directors shall have the authority to determine the qualifications for a person to be considered a "patron" of the cooperative.
Acts 1951, No. 51, § 27; A.S.A. 1947, § 77-1627; Acts 1989, No. 437, § 17; 1999, No. 946, § 10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-229 - Use of revenues

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.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-230 - Taxation - Exemptions

Cooperatives formed under this subchapter shall continue to be exempt from all other excise taxes of whatsoever kind or nature except the Arkansas gross receipts tax under the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq., and the Arkansas compensating tax under the Arkansas Compensating Tax Act of 1949, §
26-53-101
et seq.
Acts 1951, No. 51, § 31; 1969, No. 395, § 1; A.S.A. 1947, § 77-1631; Acts 1989, No. 437, § 19.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-231 - Mortgage, pledge, or other disposition of property

(a)
The board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of leases, mortgages, or deeds of trust of, or by pledge or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises, and permits of the cooperative whether already acquired or to be acquired, and wherever situated, as well as the revenues thereof, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to the United States or any agency or instrumentality thereof or to acquire another cooperative formed and operated under this subchapter.
(b)
A cooperative may not sell or otherwise dispose of all or a substantial portion of its property unless the sale or other disposition is authorized by the affirmative vote of not less than two-thirds (2/3) of all the members of the cooperative.
Acts 1951, No. 51, § 33; A.S.A. 1947, § 77-1633; Acts 1997, No. 316, § 11; 1999, No. 946, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-232 - Recordation of mortgages - Effect thereof

(a)
Any mortgage, deed of trust, or other instrument executed by a cooperative which affects real and personal property and which is recorded in the real property records in any county in which the property is located or is to be located shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded, filed, or indexed, as provided by law in the proper office in the county, as a mortgage of personal property.
(b)
(1)
All after-acquired property of the cooperative described or referred to as being mortgaged or pledged in any mortgage, deed of trust, or other instrument shall become subject to the lien thereof immediately upon the acquisition of the property by the cooperative, whether or not the property was in existence at the time of the execution of the mortgage, deed of trust, or other instrument.
(2)
The recordation of such mortgage, deed of trust, or other instrument shall constitute notice and otherwise have the same effect with respect to the after-acquired property as it has under the laws relating to recordation, with respect to property owned by the cooperative at the time of the execution of the mortgage, deed of trust, or other instrument and therein described or referred to as being mortgaged or pledged thereby.
(c)
The lien upon personal property of any mortgage, deed of trust, or other instrument after recordation thereof shall continue in existence and of record for the period of time specified therein without the refiling thereof, or the filing of any renewal certificate, affidavit, or other supplemental information required by the laws relating to the renewal, maintenance, or extension of liens upon personal property.
Acts 1997, No. 917, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-233 - Nonliability of members and shareholders for debts of cooperatives

No member or shareholder shall be liable or responsible for any debts of the cooperative, and the property of the members and shareholders shall not be subject to execution therefor.
Acts 1951, No. 51, § 34; A.S.A. 1947, § 77-1634.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-235 - Liabilities of connecting companies or cooperatives

No cooperative shall be liable for damage resulting from loss, interruption, or diminished quality of service due to earthquake, flood, storm, infestation, pestilence, civil insurrection, act of war, act of terrorism, software or hardware failure, malfunction, or error, or any cause beyond the control of the cooperative.
Acts 1951, No. 51, § 38; A.S.A. 1947, § 77-1638; Acts 1989, No. 437, § 21; 1999, No. 946, § 12.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-236 - Construction standards

(a)
Construction of telecommunications lines and facilities by a telecommunications company or cooperative as a minimum requirement shall comply with the standards of the National Electrical Safety Code of the Institute of Electrical and Electronics Engineers in effect at the time of the construction or requirements set up by the Arkansas Public Service Commission. Construction shall be in such manner and according to such specifications as will avoid interference with, or hazards to, existing telecommunications lines, facilities, or systems. In any litigation in a court of record, any violation by a telecommunications company or cooperative of the National Electrical Safety Code or requirements established by the commission shall merely be evidence of negligence.
(b)
If a cooperative places or utilizes any telecommunications line, cable, or facility over, upon, or under lands owned or occupied by a nongovernmental entity with eminent domain rights under Arkansas law, the nongovernmental entity shall be entitled to just compensation of ten cents (10¢) per linear foot traversed on such entity's land. The reasonableness of the just compensation for use of the nongovernmental entity's land shall be presumed. This presumption shall be rebuttable, but in no event shall the just compensation paid by the cooperative exceed the diminution in value of the land traversed resulting from the use.
(c)
Whenever a cooperative shall have placed any telecommunications line, cable, or facility upon, under, or above private lands, as title shall be reflected in the deed records of the county in which the lands lie, no entity having power of eminent domain shall exercise the power or conduct roadway expansion, relocation activities, or roadside excavation activities in such a manner as to reasonably require relocation of the telecommunications line, cable, or facility unless:
(1)
The written consent of the cooperative is first obtained; or
(2)
The cooperative is paid the reasonable cost of replacing and relocating the line, cable, or facility. The payment shall be considered just compensation to the cooperative.
Acts 1951, No. 51, § 39; A.S.A. 1947, § 77-1639; Acts 1989, No. 437, § 22; 1999, No. 946, § 13.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-237 - Limitation of actions

No suit shall be brought against any telecommunications company or cooperative by the reason of the installation, use, or maintenance of telecommunications lines, poles, equipment, or fixtures on any real property, or within any right-of-way of any public way, unless it is commenced within two (2) years after the cause of action has accrued.
Acts 1951, No. 51, § 36; A.S.A. 1947, § 77-1636; Acts 1989, No. 437, § 23; 1997, No. 316, § 14; 1999, No. 946, § 14.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-240 - Unclaimed capital credits and stock

(a)
When a cooperative formed under this subchapter declares capital credits and any capital credit which remains unclaimed one (1) year after notice of the capital credit was transmitted to the last known address of the beneficiary of the credit:
(1)
The cooperative shall not be liable for the credit; and
(2)
The credit shall not be deemed unclaimed or abandoned property under §
18-28-201
et seq.
(b)
(1)
When a cooperative formed under this subchapter has issued shares of stock and subsequent to that time has declared by providing notice to all shareholders of record that the cooperative is redeeming the stock by repurchase, then one (1) year after the notice has been sent to the last known address of all shareholders of record:
(A)
The cooperative shall not be liable for the redemption or repurchase value of the stock; and
(B)
The stock not redeemed and repurchased shall have no value or rights in the cooperative.
(2)
The stock shall not be deemed unclaimed or abandoned property under §
18-28-201
et seq.
(c)
References in the Rural Telecommunications Cooperative Act, §
23-17-201
et seq., to "this subchapter" and references in §
23-17-101
et seq. to "this chapter" shall be deemed to also reference this section.
Acts 1995, No. 898, § 1; 1999, No. 946, § 17; 2009, No. 761, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-241 - Opting out of underground damage coverage

(a)
Any cooperative established under this subchapter may opt out of coverage under the Arkansas Underground Facilities Damage Prevention Act, §
14-271-101
et seq., by providing written notice to the Arkansas Public Service Commission by first class mail.
(b)
Any references in this section and §§
23-17-201
-
23-17-240
and
23-17-242
to "this subchapter" and any references in §
23-17-101
et seq. to "this chapter" shall be deemed to also reference this section.
Acts 1997, No. 316, § 15; 1999, No. 946, § 18.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 2 - RURAL TELECOMMUNICATIONS COOPERATIVES (§§ 23-17-201 — 23-17-242) › Section 23-17-242 - Cooperative acquiring another cooperative

Any cooperative organized prior to January 1, 1979, under the provisions of this subchapter may enter into an agreement with any other cooperative so organized for one of the cooperatives to acquire the other cooperative, subject to the following provisions:
(1)
Any agreement between cooperatives for one to acquire another shall be in writing and shall set forth the terms and conditions of the acquisition;
(2)
Unless otherwise provided in the bylaws of either of the cooperatives who are party to such an agreement, the agreement shall be approved on behalf of the cooperative being acquired upon majority vote of the members of the cooperative being acquired present in person or by proxy at any regular meeting of the members, or at any special meeting of the members called for the purpose of voting on the agreement. The agreement shall only be approved on behalf of the acquiring cooperative upon majority vote of the directors of the acquiring cooperative;
(3)
The acquiring cooperative may elect to form a wholly owned subsidiary corporation, or utilize an existing wholly owned subsidiary corporation, which subsidiary need not itself be a cooperative, to own and operate the cooperative being acquired. The validity of the acquisition shall not be affected by the fact that legal title to the cooperative being acquired is taken in the name of a wholly owned subsidiary by the acquiring cooperative; and
(4)
Neither the rights of creditors nor the liens upon the property of either the acquiring cooperative or the cooperative being acquired shall be impaired by the acquisition.
Acts 1999, No. 946, § 19.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-301 - Title

This subchapter shall be known and may be cited as the "Universal Telephone Service Act".
Acts 1983, No. 483, § 1; A.S.A. 1947, § 73-2601.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-302 - Legislative findings and declarations

The General Assembly finds and declares that changes in pricing for telephone services mandated by the Federal Communications Commission and made necessary by the divestiture of Southwestern Bell Telephone Company from American Telephone and Telegraph Company will cause significant increases in the cost of local exchange telephone service which could force some local exchange telephone customers to discontinue service. The public interest requires that the extent of such rate increases be ameliorated by the creation of a statewide fund that will partially offset such rate increases. The purpose of the fund created by this subchapter is to ensure a smooth and nondisruptive transition from the present pricing system to the system dictated by the Federal Communications Commission and the divestiture and to ensure that rates for local telephone service are at reasonable levels.
Acts 1983, No. 483, § 2; A.S.A. 1947, § 73-2602.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-303 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Commission" means the Arkansas Public Service Commission;
(2)
"Interexchange carriers" includes persons, corporations, or other organizations which provide communications services which interconnect with local exchanges under provisions of the interstate and intrastate access charges tariffs and may include such other persons, corporations, or organizations engaged in interexchange communication services as the commission may find necessary for the successful administration of the fund established in §
23-17-304
;
(3)
"Interexchange communication services" means all services whereby interexchange carriers transmit voice, data, or other messages within Arkansas, whether or not the transmission is at any point on the facilities of a local exchange carrier; and
(4)
"Local exchange carriers" means persons, corporations, or other organizations which provide local exchange telephone service as defined by the commission.
Acts 1983, No. 483, § 3; A.S.A. 1947, § 73-2603.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-304 - Universal Telephone Service Fund created - Contents

(a)
There is created the Universal Telephone Service Fund to be established by assessing upon all interexchange carriers operating in this state a charge on interexchange communication services based on usage, revenue, volume, or other appropriate factors.
(b)
(1)
The amount of the charge shall be determined by the Arkansas Public Service Commission after notice and hearing.
(2)
The Arkansas Public Service Commission shall coordinate the development of the structure and level of the charge, as well as the support to be provided through the Universal Telephone Service Fund, with the interstate Universal Service Fund or similar arrangement established by the Federal Communications Commission so that the Universal Telephone Service Fund is not administered inconsistently with the Federal Communications Commission's Universal Service Fund or similar arrangements.
(c)
The amounts shall be remitted to the Arkansas Public Service Commission under such reasonable rules as the Arkansas Public Service Commission may prescribe and shall be deposited by the Arkansas Public Service Commission into an account, separate from all other funds, designated as the "Universal Telephone Service Fund".
Amended by Act 2019, No. 315,§ 2465, eff. 7/24/2019.
Acts 1983, No. 483, § 4; A.S.A. 1947, § 73-2604.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-305 - Conditional effective date

The Universal Telephone Service Fund shall be effective on the date the interstate Universal Service Fund or similar arrangement is established by the Federal Communications Commission unless the Arkansas Public Service Commission, prior to that date and after hearing, finds that the circumstances upon which this subchapter is predicated have so substantially changed as to render the Universal Telephone Service Fund unnecessary or impracticable.
Acts 1983, No. 483, § 7; A.S.A. 1947, § 73-2607.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-306 - Allocation of fund

(a)
The Arkansas Public Service Commission shall allocate the Universal Telephone Service Fund among all local exchange carriers operating in Arkansas in such a manner as to moderate the disruptive effects of changes in methods of pricing of telephone services and to hold prices of local exchange telephone service to levels which will ensure, insofar as it is feasible to do so, that a maximum number of subscribers may maintain affordable local telephone service.
(b)
The allocation shall be made after a hearing at which all local exchange carriers and other interested parties may be heard and may be modified or adjusted by the commission, after hearing, at any time circumstances indicate a need for such modification.
(c)
The commission by rule may establish standard guidelines for allocation methodology.
(d)
The entire fund, after reasonable costs of administration are applied, shall be allocated among the local exchange carriers.
Amended by Act 2019, No. 315,§ 2466, eff. 7/24/2019.
Acts 1983, No. 483, § 5; A.S.A. 1947, § 73-2605.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 3 - UNIVERSAL TELEPHONE SERVICE ACT (§§ 23-17-301 — 23-17-307) › Section 23-17-307 - Administration of fund

The Arkansas Public Service Commission may collect, administer, and distribute the Universal Telephone Service Fund, itself, or it may delegate to a trustee or other agent acting under its supervision the administration and distribution of the fund upon such conditions and security as the commission may require.
Acts 1983, No. 483, § 6; A.S.A. 1947, § 73-2606.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 17 - TELEPHONE AND TELEGRAPH COMPANIES (§§ 23-17-101 — 23-17-517) › Subchapter 4 - TELECOMMUNICATIONS REGULATORY REFORM (§§ 23-17-401 — 23-17-418) › Section 23-17-401 - Title

This subchapter shall be known and may be cited as the "Telecommunications Regulatory Reform Act of 2013".
Amended by Act 2013, No. 442,§ 1, eff. 3/19/2013.
Acts 1997, No. 77, § 1.