reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-214 - Motor vehicle liability insurance - Prohibition regarding step-downs

No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by a driver other than the insured.
Acts 2001, No. 1438, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-215 - Priority of primary motor vehicle liability insurance coverage

The liability insurance policy covering a motor vehicle is primary when the motor vehicle is driven by:
(1)
An insured; or
(2)
Any other person:
(A)
Not excluded from coverage under the policy;
(B)
With the permission of an insured; and
(C)
When the use of the motor vehicle is within the scope of the permission granted by an insured.
Acts 2007, No. 373, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-216 - Notice concerning use of insurance proceeds

(a)
When making payment to a third party on a claim under a motor vehicle insurance policy for damage to a motor vehicle, a motor vehicle liability insurer shall provide a written notice to the third-party claimant in substantially the following form:
"Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may constitute the criminal offense of defrauding a secured creditor in violation of Arkansas Code §
5-37-203
. If you have any questions, contact your lienholder."
(b)
The written notice required by subsection (a) of this section may be provided by including the written notice on each written loss estimate prepared in connection with the claim.
Acts 2009, No. 485, § 2; 2009, No. 1452, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-301 - Definitions

As used in this subchapter:
(1)
"Automobile collision coverage" includes all coverage of loss or damage to an automobile insured under the policy resulting from collision or upset;
(2)
"Automobile liability coverage" includes only coverage of bodily injury and property damage liability, medical payments, and uninsured motorists coverage;
(3)
"Automobile physical damage coverage" includes all coverage of loss or damage to an automobile insured under the policy except loss or damage resulting from collision or upset;
(4)
"Nonpayment of premium" means failure of the named insured to discharge when due any of his or her obligations in connection with the payment of premiums on a policy, or any installment of the premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit;
(5)
"Policy" means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state; and
(6)
(A)
"Renewal" or "to renew" means the issuance and delivery by an insurer of a:
(i)
Policy superseding a policy previously issued and delivered by:
(a)
The same insurer; or
(b)
An affiliate or subsidiary, as defined in §
23-63-503
, that has a financial strength rating that is:
(1)
Issued by an industry-recognized independent insurance rating company; and
(2)
At least as good as the insurer issuing the superseded policy; or
(ii)
Certificate or notice extending the term of a policy beyond its policy period or term.
(B)
However, for the purposes of this subchapter:
(i)
Any policy with a policy period or term of less than six (6) months shall be considered as if written for a policy period or term of six (6) months; and
(ii)
Any policy written for a term longer than one (1) year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one (1) year, and the policy may be terminated at the expiration of any annual period upon giving twenty (20) days' notice of cancellation prior to the anniversary date. This cancellation shall not be subject to any other provisions of this subchapter.
(C)
This section does not repeal or supersede any requirements of the Insurance Holding Company Regulatory Act, §
23-63-501
et seq., including without limitation the provisions of §
23-63-515
that are applicable to material transactions between an insurer and an insurer's affiliates.
Amended by Act 2019, No. 689,§ 5, eff. 7/24/2019.
Acts 1969, No. 333, § 1; A.S.A. 1947, § 66-4007; Acts 2007, No. 826, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-302 - Consideration of railroad accident prohibited

No automobile insurer shall use a railroad accident occurring while the insured engineer, conductor, fireman, or brakeman was performing his or her duties as an engineer, conductor, fireman, or brakeman of a railroad in determining the rates or cancelling the automobile liability coverage, the automobile collision coverage, or the automobile physical damage coverage of the insured engineer, conductor, fireman, or brakeman, as those types of coverage are defined in §
23-89-301
, where the insurance covers and protects the insured and any motor vehicle registered or principally garaged in this state.
Acts 1979, No. 393, § 2; A.S.A. 1947, § 66-4008.1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-303 - Grounds for cancellation

(a)
A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons:
(1)
Nonpayment of premium;
(2)
The named insured or any driver of the insured vehicle shall be convicted of:
(A)
Driving while intoxicated;
(B)
Homicide or assault arising out of the use of a motor vehicle; or
(C)
Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy;
(3)
The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date;
(4)
Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or
(5)
Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter.
(b)
This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
(c)
This section shall not apply to nonrenewal.
(d)
(1)
However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third party when suffered as a result of the insured's negligent operation of a motor vehicle.
(2)
Nothing in this subsection is intended to negate an insurer's right to rescind other coverages in the insurance policy purchased by the insured.
Acts 1969, No. 333, § 2; A.S.A. 1947, § 66-4008; Acts 1993, No. 457, § 1; 2001, No. 1555, § 16.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-304 - Time for notice of cancellation

(a)
(1)
No notice of cancellation of a policy to which §
23-89-303
applies and no notice of cancellation of a policy which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered shall be effective unless mailed or delivered by the insurer to the named insured.
(2)
No notice of cancellation to any named insured shall be effective unless mailed or delivered at least twenty (20) days prior to the effective date of cancellation, provided that when cancellation is for nonpayment of premium, at least ten (10) days' notice of cancellation accompanied by the reason therefor shall be given.
(b)
No notice of cancellation to any person or entity shown on the policy and having a lien on the insured's automobile shall be effective unless mailed or delivered by the insurer:
(1)
To the person or entity; and
(2)
(A)
At least twenty (20) days prior to the termination of the insurance protecting the interest of the person or entity.
(B)
However, when cancellation is for nonpayment of premium, at least ten (10) days' notice of cancellation accompanied by the reason for the cancellation shall be given.
(c)
Failure to properly notify a named insured or failure to properly notify a person or entity shown on the policy and having a lien on the insured's automobile shall have no effect on a party properly notified.
(d)
This section shall not apply to nonrenewals.
Acts 1969, No. 333, § 3; 1973, No. 66, § 10; 1975, No. 528, § 1; A.S.A. 1947, § 66-4009; Acts 1989, No. 675, § 1; 2007, No. 127, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-305 - Notice required before renewal or nonrenewal - Inapplicability to commercial policies

(a)
(1)
Except as provided in subsection (e) of this section, the insurer shall give either a written notice of nonrenewal or an offer of renewal at least thirty (30) days before the expiration of the policy's existing term.
(2)
(A)
The insurer shall send the insured a written notice and the insurance producer written or electronic notice of the offer of renewal under subdivision (a)(1) of this section.
(B)
The notice required under subdivision (a)(2)(A) of this section shall:
(i)
State the new premium for the renewal policy; and
(ii)
Provide a description of any change in deductible or policy provisions in the renewal policy.
(b)
(1)
This section does not apply in case of nonpayment of premium.
(2)
However, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
(c)
Unless a statement of the grounds for nonrenewal accompanies or is included in the notice of nonrenewal, the notice of nonrenewal shall state or be accompanied by a statement that the insurer shall specify the grounds for the nonrenewal upon written request of the named insured if the request is mailed or delivered to the insurer not less than fifteen (15) days before the effective date of the nonrenewal.
(d)
Renewal of a policy does not constitute a waiver or estoppel with respect to grounds for cancellation that existed before the effective date of the renewal.
(e)
This section does not apply to the sixty-day notice requirement for the renewal or nonrenewal of a commercial policy governed by §
23-79-307(7)
.
Acts 1969, No. 333, § 4; 1971, No. 187, § 1; A.S.A. 1947, § 66-4010; Acts 2003, No. 1790, § 3; 2009, No. 726, § 46.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-306 - Proof of mailing of notices

Proof of mailing of notice of cancellation, or of intention not to renew, or of grounds for cancellation to the named insured at the address shown in the policy shall be sufficient proof of notice.
Acts 1969, No. 333, § 5; A.S.A. 1947, § 66-4011.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-307 - Eligibility for automobile liability assigned risk plan

(a)
When a policy of automobile liability insurance is cancelled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance to which §
23-89-305
applies, the insurer shall notify the named insured of his or her possible eligibility for automobile liability insurance through the automobile liability assigned risk plan.
(b)
The notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
Acts 1969, No. 333, § 6; A.S.A. 1947, § 66-4012.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 3 - AUTOMOBILE LIABILITY INSURANCE - CANCELLATION AND NONRENEWAL (§§ 23-89-301 — 23-89-308) › Section 23-89-308 - Nonliability of commissioner and insurer

There shall be no liability on the part of and no cause of action of any nature shall arise against the Insurance Commissioner or against any insurer, its authorized representative, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to the grounds for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation or nonrenewal, or in any other communication, oral or written, specifying the grounds for cancellation or nonrenewal, or the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
Acts 1969, No. 333, § 7; A.S.A. 1947, § 66-4013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 4 - UNINSURED MOTORIST COVERAGE (§§ 23-89-401 — 23-89-405) › Section 23-89-401 - Definition

For the purposes of automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle registered or principally garaged in this state, unless the context otherwise requires, "uninsured motor vehicle" shall be deemed to include, subject to the terms and conditions of the coverage, an insured motor vehicle when the liability insurer thereof is unable to make payment with respect to the legal liability of its insured with the limits specified therein because of insolvency.
Acts 1965, No. 464, § 2; A.S.A. 1947, § 66-4004.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 4 - UNINSURED MOTORIST COVERAGE (§§ 23-89-401 — 23-89-405) › Section 23-89-402 - Applicability of insurer's insolvency protection

(a)
An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect when the liability insurer of the tortfeasor becomes insolvent within one (1) year after an accident.
(b)
Nothing in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided in this subchapter.
Acts 1965, No. 464, § 3; A.S.A. 1947, § 66-4005.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 4 - UNINSURED MOTORIST COVERAGE (§§ 23-89-401 — 23-89-405) › Section 23-89-404 - Uninsured motorist property damage coverage

(a)
Every insured purchasing uninsured motorist bodily injury coverage shall be provided an opportunity to include uninsured motorist property damage coverage, subject to provisions filed with and approved by the Insurance Commissioner, applicable to losses in excess of two hundred dollars ($200). However, the deductible of two hundred dollars ($200) shall not apply if:
(1)
The vehicle involved in the accident is insured by the same insurer for both collision and uninsured motorist property damage coverage; and
(2)
The operator of the other vehicle has been positively identified and is solely at fault.
(b)
No insurer shall be required to offer limits of uninsured motorist property damage coverage greater in amount than the property damage liability limits purchased by the insured.
(c)
(1)
After the uninsured motorist property damage coverage has been made available to an insured one (1) time and has been rejected in writing, it need not again be made available in any continuation, renewal, reinstatement, or replacement of the policy or the transfer of vehicles insured under the policy, unless the insured makes a written request for the coverage.
(2)
However, whenever a new application is submitted in connection with any renewal, reinstatement, or replacement transaction, the provisions of this section shall apply in the same manner as when a new policy is being issued.
(d)
As used in this section, "property damage" means damage to the insured vehicle, plus a reasonable allowance for loss of use of the vehicle.
Acts 1965, No. 464, § 1; 1977, No. 532, § 1; 1983, No. 732, § 1; 1985, No. 713, § 1; A.S.A. 1947, § 66-4003; Acts 2005, No. 1697, § 21.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 4 - UNINSURED MOTORIST COVERAGE (§§ 23-89-401 — 23-89-405) › Section 23-89-405 - Subrogation of insurer making payment

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.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-501 - Title

This subchapter shall be known and may be cited as the "Amusement Ride and Amusement Attraction Safety Insurance Act".
Acts 1983, No. 837, § 1; A.S.A. 1947, § 66-5901.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-502 - Definitions

As used in this subchapter:
(1)
(A)
"Amusement attraction" means any building or structure around, over, and through which persons may be moved by vehicle or mechanically driven device integral to the building or structure, and which provides amusement, pleasure, thrills, or excitement.
(B)
"Amusement attraction" does not include theatres, museums, or enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts;
(2)
"Amusement ride" means any mechanical device which carries or conveys passengers along, around, or over a fixed route or course or within a defined area for the purpose of giving the passengers amusement, pleasure, thrills, or excitement and includes the following:
(A)
Bungee rides or bungee operations which utilize as a component a bungee cord, which is an elastic rope made of rubber, latex, or other elastic-type materials whether natural or synthetic;
(B)
"Go-kart", which means a ride in which a vehicle is controlled or driven by patrons specifically designed for and run on a fixed course;
(C)
Inflatable attractions such as "space walks", inflatable slides, or inflatable jousting or boxing rings;
(D)
Any wave pool, water slide, or other similar attraction that totally or partially immerses a patron in water; and
(E)
Artificial climbing walls;
(3)
[Repealed.]
(4)
[Repealed.]
(5)
"Nondestructive testing" means the development and application of technical methods, including, but not limited to, radiographic, magnetic particle, ultrasonic, liquid penetrant, electromagnetic, neutron radiographic, acoustic emission, visual, and leak testing to examine materials or components in ways that do not impair their future usefulness and serviceability in order to:
(A)
Detect, locate, measure, and evaluate discontinuities, defects, and other imperfections;
(B)
Assess integrity, properties, and composition; and
(C)
Measure geometrical characters; and
(6)
"Owner" means any person who owns an amusement ride or attraction or in the event that the amusement ride or attraction is leased, the lessee.
Amended by Act 2019, No. 910,§ 5505, eff. 7/1/2019.
Acts 1983, No. 837, § 2; A.S.A. 1947, § 66-5902; Acts 1995, No. 631, § 1; 2001, No. 1365, § 1; 2005, No. 924, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-503 - Exemptions

The following amusement rides or amusement attractions are exempt from the provisions of this subchapter:
(1)
Nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, swinging gates, and physical fitness devices except when an admission fee is charged for usage or an admission fee is charged to immediate areas where the equipment is located;
(2)
An amusement ride or amusement attraction which is owned and operated by a nonprofit religious, educational, or charitable institution or association, or a fair if the ride or attraction is subject to inspection by the State Fire Marshal or by any political subdivision of the state under its building, fire, electrical, and related public safety ordinances;
(3)
Coin-operated amusement rides or amusement attractions located on the premises of retail business establishments; and
(4)
An amusement ride or amusement attraction which is owned and operated by the State of Arkansas or any political subdivision thereof.
Acts 1983, No. 837, § 5; A.S.A. 1947, § 66-5905.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-505 - Safety inspections, notice, and insurance required

(a)
Any person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall as a condition thereof obtain a safety inspection report issued by the owner or operator's liability insurer or an inspector employed by the Division of Labor prior to commencing operation or opening to the public.
(b)
Each person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall be covered by a policy of insurance issued by an insurance company authorized to do business in Arkansas or by a surplus lines insurer approved in Arkansas and insuring the owner or operator against liability for personal injury or property damage arising out of the use or operation of the amusement attraction or amusement ride, in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence.
(c)
(1)
Any person or entity intending to operate an amusement attraction or amusement ride in this state shall notify the Director of the Division of Labor of such intent and shall notify the director of the location, dates, and times of intended operation.
(2)
The notice must be made to the director four (4) days prior to intended operation, excluding Saturdays, Sundays, or any legal holidays.
(d)
Any person or entity failing to comply with subsection (c) of this section shall be subject to an administrative penalty issued by the director of no more than five thousand dollars ($5,000) in addition to other penalties, both administrative and criminal, contained in this subchapter.
(e)
The owner, manager, or operator shall:
(1)
Promptly file proof of insurance with each fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public for each location in this state where each amusement attraction or amusement ride is in operation or is scheduled to be in operation; and
(2)
Provide a copy of any safety inspection report to the fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public, upon request or pursuant to contractual agreement.
Amended by Act 2019, No. 910,§ 5508, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5507, eff. 7/1/2019.
Acts 1983, No. 837, § 3; A.S.A. 1947, § 66-5903; Acts 1987, No. 839, § 1; 1995, No. 631, § 3; 2001, No. 1365, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-507 - Inspection by insurance company - Change in coverage

(a)
(1)
Except as provided in subdivision (a)(3) of this section, an insurance company insuring an operator of an amusement attraction or amusement ride as required in this subchapter shall inspect the amusement attraction or amusement ride of the insured for safety at least one (1) time each calendar year.
(2)
The operator shall maintain a copy of a report required under subdivision (a)(1) of this section at the site of operation of the amusement attraction or amusement ride, together with proof of insurance coverage.
(3)
An insurance company insuring an inflatable attraction is not required to perform an inspection of the inflatable attraction.
(b)
If any insurer insuring an operator shall cancel the coverage of the operator, the insurer shall notify the Director of the Division of Labor of the cancellation at least ten (10) days before the cancellation is effective.
(c)
The insurer shall immediately notify the director if the cancellation notice is rescinded or coverage is reinstated.
(d)
If the insurer finds any amusement attraction or amusement ride to be unsafe or cancels the insurance coverage and so notifies the director, then the director shall immediately issue a cease and desist order preventing any operation until written documentation is provided to the director that the amusement attraction or amusement ride has been made safe or insurance coverage has been obtained.
(e)
Any insurance company or surplus lines insurer failing to comply with this section shall be subject to revocation of its certificate of authority or registration by the Insurance Commissioner, or in lieu of suspension or revocation, a fine assessed by the commissioner of not more than fifty thousand dollars ($50,000).
(f)
Any employee or contractor of an insurer inspecting amusement rides in Arkansas shall be registered and certified by the Division of Labor pursuant to rule adopted by the director.
Amended by Act 2019, No. 315,§ 2765, eff. 7/24/2019.
Amended by Act 2019, No. 585,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5512, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5511, eff. 7/1/2019.
Acts 1983, No. 837, § 4; A.S.A. 1947, § 66-5904; Acts 1987, No. 839, § 2; 1995, No. 631, § 5; 2001, No. 1365, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-508 - Rules

The Director of the Division of Labor is authorized to adopt appropriate rules to carry out the intent and purposes of this subchapter and to assure its efficient and effective enforcement.
Amended by Act 2019, No. 315,§ 2766, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5513, eff. 7/1/2019.
Acts 1983, No. 837, § 7; A.S.A. 1947, § 66-5907; Acts 1995, No. 631, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-509 - Cease and desist orders - Notice required

(a)
(1)
Upon issuance of cease and desist orders pursuant to §
23-89-504
or §
23-89-507
, the Director of the Division of Labor shall promptly transmit his or her order to the Director of the Division of Arkansas State Police.
(2)
Whenever possible, the Director of the Division of Labor shall notify any applicable fair boards or sponsoring organizations in the respective districts or counties of this state where the amusement attractions or amusement rides are in operation or are scheduled to be in operation.
(3)
The Director of the Division of Labor shall promptly notify these parties when a cease and desist order has been rescinded upon proof of the operator's compliance with the provisions of this subchapter.
(b)
Upon receipt of the Director of the Division of Labor's order to cease and desist operations pursuant to subsection (a) of this section, the Division of Arkansas State Police shall promptly serve the order on the operator and order the operator immediately to cease operation of all applicable amusement attractions or amusement rides in operation or scheduled to be in operation in those districts or counties until the cease and desist order has been rescinded.
Amended by Act 2019, No. 910,§ 5514, eff. 7/1/2019.
Acts 1987, No. 839, § 2; 1995, No. 631, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-510 - Accidents - Reporting injuries or death - Investigations

(a)
Any mechanical, structural, or electrical defects directly affecting patron safety for which an amusement ride is closed to patron use for a period of time more than three (3) hours must be reported in writing personally or by facsimile by the owner or operator to the Division of Labor within twenty-four (24) hours after the closing of the amusement ride.
(b)
(1)
The operator of an amusement ride shall immediately cease to operate any ride involved in a fatality or serious physical injury. The owner or operator shall notify the division of such an accident within four (4) hours of its occurrence by telephone or facsimile. The owner or operator shall file a written accident report personally or by facsimile with the division within twenty-four (24) hours of the accident. Within twenty-four (24) hours after receipt of such a report, the division shall initiate an investigation of the occurrence and an inspection of the ride. The division shall perform the inspection in a manner that proceeds with all practicable speed and minimizes the disruption of the amusement facility at which the amusement ride is located.
(2)
Unless authorized in writing by the division, no amusement ride may be operated, moved, altered, repaired, or tampered with, except to protect life, limb, and property following an accident involving a serious injury or death until the division has completed its inspection and investigation.
Amended by Act 2019, No. 910,§ 5515, eff. 7/1/2019.
Acts 2001, No. 1365, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-511 - Amusement ride operators

(a)
Any person directly operating any amusement ride or amusement attraction:
(1)
Must be at least sixteen (16) years of age;
(2)
Must be trained in the proper use and operation of the device;
(3)
Must operate only one (1) amusement ride at a time; and
(4)
May not operate any amusement ride or amusement attraction while intoxicated.
(b)
For the purposes of this section, "intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the operator's reactions, motor skills, and judgment are substantially altered and the operator, therefore, constitutes a clear and substantial danger of physical injury or death to amusement ride patrons.
Acts 2001, No. 1365, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-512 - Prohibited bungee operations

The following bungee operations are prohibited:
(1)
A bungee operation conducted with balloons, blimps, helicopters, or other aircraft;
(2)
"Sand bagging", which is the practice of holding onto any object, including another person, while bungee jumping, for the purpose of exerting more force on the bungee cord to stretch it further, and then releasing the object during the jump causing the jumper to rebound with more force than could be created by the jumper's weight alone;
(3)
Tandem or multiple bungee jumping, except for rides that the manufacturer has designed for multiple patrons; and
(4)
Bungee jumping from any bridge, overpass, or any other structure not specifically designed as an amusement ride or amusement attraction.
Acts 2001, No. 1365, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-513 - Posting ride safety rules required

All requirements for rider safety within the control of the rider must be prominently posted in a manner reasonably expected to provide notice to the rider. Such requirements or restrictions should include:
(1)
Any height or weight restrictions;
(2)
Safety belt or bars or other safety restraint systems requirements; and
(3)
Prohibitions against:
(A)
Standing before cessation of the amusement ride or amusement attraction; and
(B)
Horseplay.
Acts 2001, No. 1365, § 9.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-514 - Patron safety

(a)
All patrons on any amusement ride or amusement attraction subject to this subchapter, at a minimum, shall:
(1)
Obey the posted safety rules and oral instructions issued by the amusement ride owner or manager or such owner's employee or agent;
(2)
Refrain from acting in any manner that may cause or contribute to injuring the patron or others, including:
(A)
Interfering with the safe operation of the amusement ride;
(B)
Not engaging any safety devices provided;
(C)
Disconnecting or disabling a safety device except at the express instruction of the operator;
(D)
Altering or enhancing the intended speed, course, or direction of the amusement ride;
(E)
Extending arms and legs beyond the carrier or seating area;
(F)
Throwing, dropping, or expelling an object from or toward an amusement ride; and
(G)
Getting on or off an amusement ride or amusement attraction except at the designated time and area, unless directed to do otherwise by an operator due to an emergency.
(b)
Parents or guardians of patrons under eighteen (18) years of age have a duty to ensure that the patron complies with the provisions of this section.
(c)
Any person eighteen (18) years of age or older who violates the provisions of this section may be charged with a Class A misdemeanor.
Acts 2001, No. 1365, § 10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-515 - Nondestructive testing

(a)
An owner may not operate an amusement ride for which the manufacturer recommends nondestructive testing, unless the owner complies with the manufacturer's standards for the testing and the ride meets the manufacturer's acceptance criteria.
(b)
(1)
If a manufacturer's nondestructive testing standards are unavailable for an amusement ride and the Division of Labor deems it necessary, the owner shall provide the standards through a professional engineer as defined in §
17-30-101
, an engineering agency, or an individual qualified by training and experience to compile standards based on the ride's specifications and history and using accepted engineering practices.
(2)
The professional engineer or other qualified individual shall be approved by the Director of the Division of Labor.
(3)
The amusement ride shall meet the criteria established under this subsection.
Amended by Act 2019, No. 910,§ 5516, eff. 7/1/2019.
Acts 2001, No. 1365, § 11; Acts 2011, No. 897, § 17.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-516 - Records

(a)
The Director of the Division of Labor shall keep records and statistics by year of serious injuries and fatalities resulting from amusement ride accidents. Such records and statistics shall specify the year of the accident, type of injury, type of amusement ride or amusement attraction involved, and cause of the accident.
(b)
Each owner or operator shall retain on the premises or with a portable amusement ride the following records:
(1)
Proof of insurance coverage as required by this subchapter;
(2)
The latest safety inspection report by the Division of Labor and by the owner or operator's insurer;
(3)
All maintenance and repair records for a period of one (1) year;
(4)
All accident records for a period of one (1) year on premises, although such records shall be maintained and subject to being made available to the director for a period of three (3) years;
(5)
A record of employee or operator training for each employee authorized to operate, assemble, disassemble, transport, or conduct maintenance on an amusement ride or amusement attraction; and
(6)
A copy of any affidavit of nondestructive testing required by this subchapter.
Amended by Act 2019, No. 910,§ 5518, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5517, eff. 7/1/2019.
Acts 2001, No. 1365, § 12.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-517 - Disposition of funds

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.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 5 - AMUSEMENT RIDE AND AMUSEMENT ATTRACTION SAFETY INSURANCE ACT (§§ 23-89-501 — 23-89-518) › Section 23-89-518 - Amusement Ride Safety Advisory Board - Creation - Duties

(a)
(1)
There is created an Amusement Ride Safety Advisory Board.
(2)
(A)
The board shall be appointed by the Governor.
(B)
The Director of the Division of Labor or his or her designee shall be ex officio chair.
(C)
The board shall consist of five (5) additional members:
(i)
One (1) member of the board shall be the Secretary of the Department of Parks, Heritage, and Tourism or his or her designee;
(ii)
One (1) member of the board shall represent owners or operators of amusement rides that are portable in nature;
(iii)
One (1) member of the board shall represent owners or operators of permanently placed amusement rides;
(iv)
One (1) member of the board shall represent fair managers in Arkansas; and
(v)
One (1) member of the board shall represent the general public.
(3)
(A)
Except for the director and the secretary, the terms of office of the members shall be for four (4) years or until a successor is appointed.
(B)
No member of the board shall be appointed to serve more than two (2) consecutive full terms.
(C)
At the time of appointment or reappointment, the Governor shall adjust the length of terms to ensure that the terms of board members are staggered so that, insofar as is possible, an equal number of members shall rotate each year.
(b)
The duties of the board shall be:
(1)
To assist the director with the formulation of rules regarding the safe operation of amusement rides; and
(2)
To give the Division of Labor such counsel and advice as will aid it in the proper enforcement and administration of the provisions of this subchapter.
(c)
Except for the ex officio chair and the secretary, the members of the board may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Amended by Act 2019, No. 315,§ 2767, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5524, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5523, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5522, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5521, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5520, eff. 7/1/2019.
Acts 2001, No. 1365, § 14; 2003, No. 600, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 90 - ARKANSAS PROPERTY AND CASUALTY INSURANCE GUARANTY ACT (§§ 23-90-101 — 23-90-123) › Section 23-90-101 - Title

This chapter shall be known and may be cited as the "Arkansas Property and Casualty Insurance Guaranty Act".
Acts 1977, No. 871, § 1; A.S.A. 1947, § 66-5501.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 90 - ARKANSAS PROPERTY AND CASUALTY INSURANCE GUARANTY ACT (§§ 23-90-101 — 23-90-123) › Section 23-90-102 - Purpose

This chapter is for the purpose of providing funds in addition to assets of insolvent insurers for the protection of the holders of covered claims as defined in §
23-90-103
through payment and through contracts of reinsurance or assumption of liabilities or of substitution or otherwise.
Acts 1977, No. 871, § 2; A.S.A. 1947, § 66-5502.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 90 - ARKANSAS PROPERTY AND CASUALTY INSURANCE GUARANTY ACT (§§ 23-90-101 — 23-90-123) › Section 23-90-104 - Applicability - Exceptions

This chapter shall apply to all kinds of direct insurance written by insurers licensed to transact insurance in this state but shall not be applicable to the following:
(1)
Life, annuity, health, or accident and health insurance;
(2)
Mortgage guaranty, financial guaranty, or other form of insurance offering protection against investment risks;
(3)
Bail bonds or appearance bonds as defined in or otherwise referenced in §
17-19-101
et seq.;
(4)
Credit insurance;
(5)
Insurance of warranties or service contracts;
(6)
Title insurance;
(7)
Ocean marine insurance; and
(8)
Any transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk.
Acts 1977, No. 871, § 3; A.S.A. 1947, § 66-5503; Acts 1987, No. 738, § 1; 1989, No. 417, § 3; 2001, No. 1603, § 43.