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 77 - AUTOMOBILE CLUBS OR ASSOCIATIONS (§§ 23-77-101 — 23-77-109) › Section 23-77-104 - Automobile clubs or associations under authority, supervision, and control of Insurance Commissioner

All automobile clubs or associations organized and operating in the State of Arkansas shall be under the authority, supervision, and control of the Insurance Commissioner.
Acts 1955, No. 377, § 4; A.S.A. 1947, § 75-1604.
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 77 - AUTOMOBILE CLUBS OR ASSOCIATIONS (§§ 23-77-101 — 23-77-109) › Section 23-77-105 - Authority of Insurance Commissioner to grant certificates of authority and conduct hearings

(a)
(1)
The Insurance Commissioner shall have full and complete authority to grant certificates of authority to automobile clubs or associations, to revoke the certificates, and to prescribe such rules as are reasonably necessary for the conduct of the business of the automobile clubs or associations within the state and for carrying out the objects and purposes of this chapter.
(2)
In determining if a certificate of authority shall be issued, the commissioner shall take into consideration, along with all other factors, the name of the automobile club or association. If the name will interfere with the transactions of an automobile club or association already doing business in this state or is so similar to one already appropriated as to confuse or likely to mislead the public in any respect, the commissioner shall refuse to issue a certificate of authority.
(b)
The commissioner shall also have authority to conduct hearings as now provided under the insurance laws of the state.
Amended by Act 2019, No. 315,§ 2705, eff. 7/24/2019.
Acts 1955, No. 377, § 3; A.S.A. 1947, § 75-1603.
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 77 - AUTOMOBILE CLUBS OR ASSOCIATIONS (§§ 23-77-101 — 23-77-109) › Section 23-77-107 - Certificate of authority - Suspension and revocation

(a)
The Insurance Commissioner shall suspend or revoke the certificate of authority of an automobile club or association:
(1)
If the action is required by any provision of this section or §
23-77-101
, §
23-77-106
, or §
23-77-108
;
(2)
If the automobile club or association no longer meets the requirements for the authority originally granted due to a deficiency in the deposit required by §
23-77-106(d)(1)(A)
or the failure to maintain a deposit of securities or other assets acceptable to the commissioner in the amount prescribed by §
23-77-106(d)(1)(A)
; or
(3)
If the automobile club or association is using such methods or practices in the conduct of its business as to render its further operation in Arkansas hazardous or injurious to the public.
(b)
The commissioner shall give the automobile club or association at least ten (10) days' written notice in advance of any suspension or revocation under this section.
(c)
The automobile club or association may request a hearing thereon within the ten (10) days.
Acts 1955, No. 377, § 12, as added by Acts 1981, No. 821, § 4; A.S.A. 1947, § 75-1605.1; Acts 2005, No. 506, § 38.
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 77 - AUTOMOBILE CLUBS OR ASSOCIATIONS (§§ 23-77-101 — 23-77-109) › Section 23-77-108 - Agent or representative license required - Application and issuance

(a)
Before any agent or representative shall or may represent any automobile club or association in this state, he or she shall first apply to the Insurance Commissioner for a license, and the commissioner shall have full power and authority to issue the license upon proof satisfactory to the commissioner that the person is capable of soliciting automobile club or association memberships and is of good moral character and recommended by the automobile club or association in behalf of which the membership solicitations are to be made.
(b)
No license shall be issued by the commissioner until the applicant has paid to the commissioner ten dollars ($10.00) as an annual license fee.
(c)
The commissioner may reject the application of any person who does not meet the requirements set out in this section.
Acts 1955, No. 377, § 6; 1981, No. 821, § 2; A.S.A. 1947, § 75-1606; Acts 1991, No. 1123, § 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 77 - AUTOMOBILE CLUBS OR ASSOCIATIONS (§§ 23-77-101 — 23-77-109) › Section 23-77-109 - Annual reports and other information

(a)
(1)
Each licensed automobile club or association shall annually on or before June 1, or within any extension of time the Insurance Commissioner for good cause may have granted, file with the commissioner a full and true statement of its financial condition, transactions, and affairs as of the December 31 preceding.
(2)
The statement required in subdivision (a)(1) of this section shall be in a general form and context as required or not disapproved by the commissioner.
(b)
It shall be the duty of each licensed automobile club or association to provide any other information which the commissioner may request from time to time.
Amended by Act 2023, No. 469,§ 12, eff. 8/1/2023.
Acts 1955, No. 377, § 5; 1985, No. 804, § 28; A.S.A. 1947, § 75-1605; Acts 1993, No. 901, § 38.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-101 - Definitions

As used in this chapter:
(1)
"Association" or "burial association" means:
(A)
Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953:
(i)
Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members;
(ii)
Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or
(iii)
Issues a certificate which provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and
(B)
Every person, firm, association, copartnership, corporation, or company which, prior to February 18, 1953, has:
(i)
Undertaken for a consideration to pay money to its contributors for the purposes of defraying all or part of the funeral expenses of a deceased person;
(ii)
Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or
(iii)
Issued any form of contract or certificate which, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers; and
(2)
[Repealed.]
Amended by Act 2017, No. 788,§ 67, eff. 7/1/2018.
Acts 1953, No. 91, §§ 1, 2; 1985, No. 679, § 1; A.S.A. 1947, §§ 66-1801, 66-1802.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-102 - Applicability

(a)
(1)
All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to engage in their business.
(2)
A burial association under subdivision (a)(1) of this section shall be subject to the supervision, authority, and control of the board and subject to all the provisions of this chapter.
(b)
All burial associations organized in this state from and after February 18, 1953, shall organize exclusively under the provisions of this chapter and shall be subject to the authority, control, and supervision of the board and to all of the provisions of this chapter.
Amended by Act 2017, No. 788,§ 68, eff. 7/1/2018.
Acts 1953, No. 91, § 7; A.S.A. 1947, § 66-1807.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-103 - Chapter exclusive authority

(a)
This chapter shall be deemed and held exclusive authority for the organization and operation of burial associations within this state, and the associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character.
(b)
However, this chapter shall not affect the validity of any membership certificate of any burial association issued and outstanding under the provisions of any prior law.
Acts 1953, No. 91, § 22; A.S.A. 1947, § 66-1822.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-104 - Penalty

(a)
A person, firm, association, copartnership, corporation, company, or other organization shall not organize, operate, or in any way solicit members for a burial association, or for participation in any plan, scheme, or device similar to burial associations, except in the manner provided by this chapter and the rules promulgated by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(b)
Any person, firm, association, copartnership, corporation, company, or other organization violating the provisions of this section shall be guilty of a Class A misdemeanor.
Amended by Act 2017, No. 788,§ 69, eff. 7/1/2018.
Acts 1953, No. 91, § 16; A.S.A. 1947, § 66-1816; Acts 2005, No. 1802, § 1; 2005, No. 1994, § 358.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-105 - [Repealed]

Repealed by Act 2017, No. 788,§ 70, eff. 7/1/2018.
Acts 1953, No. 91, §§ 2-4; 1965, No. 83, § 1; 1977, No. 113, §§ 1-3; 1981, No. 360, § 1; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 784, § 1; 1985, No. 679, §§ 1, 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 66-1802 -- 66-1804; Acts 1997, No. 250, § 223; 2001, No. 1553, § 50.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-106 - [Repealed]

Repealed by Act 2017, No. 788,§ 71, eff. 7/1/2018.
Acts 1953, No. 91, § 4; 1965, No. 83, § 1; 1977, No. 113, § 2; 1981, No. 360, § 1; 1981, No. 717, § 2; 1983, No. 131, § 3; 1983, No. 135, § 3; 1983, No. 784, § 1; 1985, No. 679, § 2; A.S.A. 1947, §§ 6-618, 6-625, 66-1804.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-107 - [Repealed]

Repealed by Act 2017, No. 788,§ 72, eff. 7/1/2018.
Acts 1953, No. 91, § 4; 1957, No. 403, §§ 1, 2; 1961, No. 84, § 1; 1965, No. 83, § 1; 1981, No. 360, § 1; 1983, No. 784, § 1; 1985, No. 679, § 2; A.S.A. 1947, §§ 66-1804 -- 66-1804.2; Acts 2011, No. 875, § 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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-108 - [Repealed]

Repealed by Act 2017, No. 788,§ 73, eff. 7/1/2018.
Amended by Act 2015, No. 1030,§ 1, eff. 7/22/2015.
Acts 1953, No. 91, §§ 5, 24; A.S.A. 1947, §§ 66-1805, 66-1824; Acts 1987, No. 443, § 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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-109 - Burial associations under authority, supervision, and control of board

All burial associations organized or operating in the State of Arkansas are under the authority, supervision, and control of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
Amended by Act 2017, No. 788,§ 74, eff. 7/1/2018.
Acts 1953, No. 91, § 6; A.S.A. 1947, § 66-1806.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-110 - Certificate of authority

(a)
Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of authority has been granted by the board.
(b)
The following documents and information shall be filed with the application for a certificate of authority:
(1)
Consent to service of process upon the secretary of the applicant;
(2)
A copy of the proposed form of membership application, membership certificate, bylaws, and contracts for service, merchandise, supplies, and any other data requested by the board;
(3)
References as to character, ability, and integrity of the organizers and of any funeral director or embalmer with whom the applicant proposes to contract;
(4)
An application fee as determined by rule of the board; and
(5)
(A)
Proof of a deposit to the association's mortuary funds in an amount determined by rule of the board.
(B)
The deposit required under subdivision (b)(5)(A) of this section shall not exceed ten thousand dollars ($10,000).
(c)
If the board is satisfied that the applicant is qualified and meets the requirements of this chapter, the board shall issue to the applicant a certificate of authority.
Amended by Act 2017, No. 788,§ 75, eff. 7/1/2018.
Acts 1953, No. 91, § 8; A.S.A. 1947, § 66-1808; Acts 2007, No. 583, § 1; 2011, No. 875, § 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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-111 - Fees - Oath at payment

(a)
(1)
In order to meet the expense of supervision and of carrying out the other provisions of this chapter, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may set license fees for burial associations subject to its jurisdiction as set forth in §
23-78-109
.
(2)
The board shall collect the annual license fee from each burial association that is operating and in good standing on or before February 15 of the year in which the license fee is payable.
(b)
(1)
The fee shall be due and payable to the board not later than February 1 of each year, and upon payment of the fee, the board shall issue to each burial association a license that shall entitle the association to do business in the State of Arkansas during the calendar year for which the license is issued.
(2)
If the license fee for any year is not paid within thirty (30) days from the date upon which it is due, the board may revoke and cancel the authorization of the delinquent burial association to transact business in the State of Arkansas.
(c)
It shall be the duty of every burial association to certify under oath at the time of the payment of the license fee the true and correct membership of the burial association on January 1 of the applicable year.
(d)
If any officer or agent of any burial association knowingly makes any false statement with respect to the information required by this section to be furnished, he or she shall be guilty of a Class A misdemeanor.
(e)
The board shall have and is given the power and authority to reduce or increase, temporarily or permanently, the fees set forth in subsection (a) of this section if the board deems such an action advisable.
Amended by Act 2017, No. 788,§ 76, eff. 7/1/2018.
Acts 1953, No. 91, § 14; 1973, No. 515, § 1; 1975, No. 380, § 1; 1979, No. 244, § 1; 1981, No. 494, § 2; 1983, No. 784, § 2; 1985, No. 480, § 1; A.S.A. 1947, § 66-1814; Acts 1989, No. 344, § 1; 1995, No. 485, § 1; 2005, No. 1994, § 457; 2009, No. 552, § 1; 2011, No. 875, § 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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-113 - Agent's license required

(a)
Before an agent or representative represents a burial association in this state, the agent or representative shall first apply to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a license.
(b)
(1)
The board shall have full power and authority to issue the license upon proof satisfactory to the board that the person is capable of soliciting burial association memberships and is of good moral character and recommended by the association in behalf of which the membership solicitations are to be made.
(2)
The board may reject the application of any person who does not meet the requirements herein set out.
(c)
The board may revoke the license upon proof satisfactory to it that the licensed agent has violated any section of this chapter.
(d)
The license fee shall be ten dollars ($10.00), and the license must be renewed for each calendar year at the same fee.
(e)
It shall not be necessary that the president, vice president, or the secretary-treasurer of any burial association obtain a license for soliciting memberships in any association of which the person is president, vice president, or secretary-treasurer.
(f)
Membership certificates shall not be issued by a solicitor in the field, but all applications shall be forwarded to the office of the association, and the certificates shall be issued there and a record made of the issuance at the time the certificate is issued.
Amended by Act 2017, No. 788,§ 77, eff. 7/1/2018.
Acts 1953, No. 91, § 13; 1981, No. 494, § 1; A.S.A. 1947, § 66-1813.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-114 - False claim, promise, or representation of agent

Any burial association official or agent or any representative of a burial association who for the purpose of inducing a member of one (1) association to change membership to another association shall make any false claim, promise, or representation not authorized in the bylaws of the association represented by him or her shall be guilty of a Class A misdemeanor.
Acts 1953, No. 91, § 18; A.S.A. 1947, § 66-1818; Acts 2005, No. 1994, § 359.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-115 - Rules and bylaws

All burial associations shall have and maintain rules and bylaws in such form and with such contents as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
Amended by Act 2017, No. 788,§ 78, eff. 7/1/2018.
Acts 1953, No. 91, § 9; A.S.A. 1947, § 66-1809.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-116 - Membership dues and assessments

(a)
From and after February 18, 1953, a burial association organized or operating in this state shall not issue a certificate providing benefits for a member for an assessment or membership dues less than the minimum assessment or minimum dues prescribed for the benefits by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(b)
However, dues and assessments of the membership as of February 18, 1953, shall not be changed by the board.
Amended by Act 2017, No. 788,§ 79, eff. 7/1/2018.
Acts 1953, No. 91, § 11; A.S.A. 1947, § 66-1811.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-117 - Books, records, accounts, and documents - Inspection and audit

(a)
The books, records, accounts, and documents of all burial associations organized or operating in this state shall at all times be open for inspection, examination, and audit by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, its agents and employees.
(b)
(1)
Through its agents and employees, the board shall make examinations, from time to time, of all burial associations.
(2)
(A)
If, at the time of an examination or audit, the board determines that a burial association's books, records, accounts, and documents are insufficient, unavailable, or in no condition to be examined or audited, the board may collect a fee not to exceed one thousand dollars ($1,000) and recover costs incurred, including the following:
(i)
Round trip mileage from the board office to the burial association, at the travel rate then prevailing for other state employees; and
(ii)
Per diem expenses at the travel rate then prevailing for other state employees.
(B)
Any fees or costs incurred shall not be payable from the burial association's mortuary fund.
(c)
The board shall be audited from time to time by the Legislative Joint Auditing Committee.
Amended by Act 2017, No. 788,§ 80, eff. 7/1/2018.
Acts 1953, No. 91, § 12; 1981, No. 360, § 2; A.S.A. 1947, § 66-1812; Acts 1995, No. 485, § 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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-118 - Books - False entries prohibited

A person or burial association official who knowingly makes or allows to be made a false entry on the books of the association with intent to deceive or defraud a member of the association or with intent to conceal the true condition of the association from the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services or its agents or employees or any auditor authorized to examine the books of the association under the supervision of the board is guilty of a Class A misdemeanor.
Amended by Act 2017, No. 788,§ 81, eff. 7/1/2018.
Acts 1953, No. 91, § 19; A.S.A. 1947, § 66-1819; Acts 2005, No. 1994, § 360.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-119 - Records - Failure to maintain

(a)
A burial association secretary or secretary-treasurer who fails to maintain records to the minimum standards required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall be removed by the board from office and another elected by the association in his or her stead.
(b)
The election shall be immediately upon notice of the removal.
Amended by Act 2017, No. 788,§ 82, eff. 7/1/2018.
Acts 1953, No. 91, § 20; A.S.A. 1947, § 66-1820.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-120 - Annual reports

(a)
(1)
Using forms provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, each burial association or society licensed in this state shall file an annual report showing the actual financial condition of the burial association or society as of December 31 of each year.
(2)
The report shall include documents and information as required by rule of the board.
(b)
(1)
(A)
The report required under this section is due as of December 31 each year.
(B)
A report is delinquent if it is due as of December 31, and it is filed with the board after March 15 of the year next following the year it is due.
(2)
If a due date under subdivision (b)(1) of this section falls on a weekend or holiday, the report shall be due on the first business day following the weekend or holiday.
(3)
(A)
The board may grant an extension of time to submit a report for good cause.
(B)
A burial association or society shall file a request for an extension to the board in writing before the due date of the report.
(4)
(A)
A report submitted to the board that omits required documents or information shall not be considered as filed with the board and will be returned to the burial association or society for corrections or completion.
(B)
A report that omits required documents or information is delinquent if the submission of documents or information to complete the report causes a report that is due as of December 31 to be filed with the board after March 15 of the year next following the year it is due.
(5)
A burial association or society whose report is delinquent is subject to a financial penalty established by rule of the board.
(c)
(1)
The board shall recover costs incurred in conducting audits and preparing the annual report from those associations which fail to file the report before the expiration of the deadline referred to in subsection (b) of this section.
(2)
Costs to be recouped shall include:
(A)
Round-trip mileage from the board's office to the association, at the rate then prevailing for other state employees engaged in travel;
(B)
Per diem expenses at the rate then prevailing for other state employees engaged in travel; and
(C)
A two-hundred-fifty-dollar fee for preparing the annual report.
Amended by Act 2023, No. 82,§ 1, eff. 8/1/2023.
Amended by Act 2021, No. 537,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 537,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 788,§ 83, eff. 7/1/2018.
Acts 1953, No. 91, § 14; 1985, No. 480, § 2; A.S.A. 1947, § 66-1814; Acts 2011, No. 875, § 4.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-121 - Rules

(a)
The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall make and promulgate reasonable rules for the administration of this chapter and for the purpose of carrying out the intent of this chapter.
(b)
The rules promulgated under subsection (a) of this section have the full force and effect of statute.
Amended by Act 2017, No. 788,§ 84, eff. 7/1/2018.
Acts 1953, No. 91, § 23; A.S.A. 1947, § 66-1823.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-123 - Disposition of fees and charges

(a)
(1)
All fees and charges collected by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under this chapter shall be deposited into a cash fund deposited to the State Treasury.
(2)
The board is empowered to expend the funds for the requirements, purposes, and expenses of the board under the provisions of this chapter, upon a voucher approved by the board and signed by the Insurance Commissioner or his or her designee, provided that the total expense for every purpose incurred shall not exceed the total fees and charges collected by the board under the provisions of this chapter.
(b)
The operation of the board and the carrying out of the functions set out in this chapter shall be at no expense to the State of Arkansas.
Amended by Act 2017, No. 788,§ 88, eff. 7/1/2018.
Acts 1953, No. 91, § 15; A.S.A. 1947, § 66-1815.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-124 - Revocation of certificate, license, charter, etc. - Hearing

(a)
Before revoking a certificate of authority or license granted under this chapter or any charter or other authority granted to a burial association under any law effective before February 18, 1953, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall set the matter down for a hearing.
(b)
At least twenty (20) days prior to the date set for the hearing, the board shall notify in writing the burial association or person holding a license of any charges made.
(c)
The board shall afford the burial association or person an opportunity to be heard, at which hearing the association or person may be represented by counsel and shall be allowed oral testimony, affidavits, or depositions in reference thereto.
(d)
(1)
The board shall have power to subpoena and bring before it any person in this state or take the testimony by deposition of any person with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed.
(2)
The board shall also have the power to order the production of any books, records, and documents at the hearing.
(e)
(1)
If the board determines that the burial association or person is guilty of a violation of any provisions of this chapter, its or his or her certificate of authority, charter, license, or other authority shall be revoked.
(2)
However, if the burial association or person gives notice of appeal from any adverse decision of the board as set forth in §
23-78-125
, then the burial association or person may, at the discretion of the board, continue to operate during the pendency of the appeal.
(3)
If the board chooses not to permit the association or person to operate during the pendency of the appeal, then the board shall appoint a person to conduct the business of the association or person until the appeal has been heard.
Amended by Act 2017, No. 788,§ 89, eff. 7/1/2018.
Acts 1953, No. 91, § 17; 1981, No. 360, § 4; A.S.A. 1947, § 66-1817.
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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-125 - Revocation of certificate, license, charter, etc. - Appeal

(a)
Upon the revocation of a certificate of authority, charter, or other authority by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under any of the provisions of this chapter, the association or person whose certificate of authority, charter, license, or other authority has been revoked may appeal from the action of the board revoking the certificate of authority, charter, or other authority to the circuit court of the county in which the burial association may be located.
(b)
Appeals shall be made in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2017, No. 788,§ 90, eff. 7/1/2018.
Acts 1953, No. 91, § 21; 1981, No. 360, § 5; A.S.A. 1947, § 66-1821; Acts 2011, No. 875, § 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 78 - BURIAL ASSOCIATIONS (§§ 23-78-101 — 23-78-126) › Section 23-78-126 - Plan for excess financial resources - Approval required

(a)
A burial association that has excess financial resources, as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, may request that the board approve a plan to pay death benefits in excess of the face value of certificates of benefits issued by the burial association to members of the burial association.
(b)
On the approval of the board, the burial association shall submit a plan to the board to pay death benefits in excess of the face value of certificates of benefits issued by the burial association to members of the burial association.
(c)
(1)
The plan described in subsection (b) of this section shall:
(A)
Be based on the class of business of the burial association; and
(B)
Require that death benefits are paid on a fair, proportionate, and equitable basis to members of the burial association.
(2)
The plan shall not impugn the financial integrity of the burial association.
(d)
In determining whether or not a burial association has excess financial resources, the board shall not consider the assets of a burial association that are attributable to certificates written after July 20, 1987, to be commingled with assets attributable to certificates written before July 20, 1987.
Amended by Act 2017, No. 788,§ 91, eff. 7/1/2018.
Added by Act 2015, No. 1030,§ 2, eff. 7/22/2015.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-101 - Definitions

As used in this chapter:
(1)
"Excepted benefits" means benefits under one (1) or more, or any combination thereof, of the following:
(A)
Benefits not subject to requirements, including without limitation:
(i)
Coverage only for accident or disability income insurance, or any combination thereof;
(ii)
Coverage issued as a supplement to liability insurance;
(iii)
Liability insurance, including general liability insurance and automobile liability insurance;
(iv)
Workers' compensation or similar insurance;
(v)
Automobile medical payment insurance;
(vi)
Credit-only insurance; and
(vii)
Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;
(B)
Limited-scope dental or vision benefits;
(C)
Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;
(D)
Coverage only for a specified disease or illness;
(E)
Hospital indemnity or other fixed indemnity insurance; and
(F)
Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act,
42 U.S.C. § 1395ss(g)(1)
, coverage supplemental to the coverage provided under
10 U.S.C. § 1071
et seq., and similar supplemental coverage;
(2)
"Policy" means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements, and papers made a part thereof; and
(3)
(A)
"Premium" is the consideration for insurance, by whatever name called.
(B)
Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium.
Amended by Act 2019, No. 521,§ 22, eff. 7/24/2019.
Acts 1959, No. 148, §§ 269, 270; A.S.A. 1947, §§ 66-3202, 66-3203; Acts 2001, No. 1604, § 78; 2007, No. 496, § 15.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-102 - Scope

Sections
23-79-101
,
23-79-103
-
23-79-107
,
23-79-109
-
23-79-128
,
23-79-131
-
23-79-134
,
23-79-162
, and
23-79-202
-
23-79-210
do not apply to:
(1)
Reinsurance;
(2)
(A)
Policies or contracts not issued for delivery in this state nor delivered in this state, except:
(i)
On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and
(ii)
Pursuant to §
23-79-109(e)
.
(B)
Subdivision (2)(A) of this section does not apply to group insurance certificates issued under group insurance policies carried out and delivered outside this state but covering a person that is a resident in this state;
(3)
Wet marine and foreign trade insurance; and
(4)
Title insurance, except that the following apply to this line:
(A)
Section
23-79-101(2)
, §§
23-79-109
-
23-79-111
,
23-79-113
,
23-79-116
,
23-79-118
,
23-79-119
, and
23-79-202
-
23-79-205
; and
(B)
Section
23-79-121
, provided that the insurer may authorize or require its title agents to provide the policy to the insured.
Amended by Act 2019, No. 689,§ 2, eff. 7/24/2019.
Amended by Act 2015, No. 231,§ 5, eff. 7/22/2015.
Amended by Act 2013, No. 355,§ 12, eff. 8/16/2013.
Acts 1959, No. 148, § 268; 1979, No. 691, § 1; A.S.A. 1947, § 66-3201; Acts 2001, No. 1604, § 79; 2007, No. 684, § 5.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-104 - Insurable interest - Property

(a)
No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured at the time of the effectuation of the insurance and at the time of the loss.
(b)
"Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.
Acts 1959, No. 148, § 272; A.S.A. 1947, § 66-3205.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-105 - Application required - Life and accident and health insurance

No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:
(1)
A spouse may effectuate the insurance upon the other spouse;
(2)
Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of, or pertaining to, the minor;
(3)
The application for accident insurance procured through a vending machine licensed under §
23-64-221
must be signed by the individual to be so insured or, if the individual to be so insured does not have legal capacity to contract, the application must be signed by the individual's parent, guardian, or other legally constituted representative; and
(4)
Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.
Acts 1959, No. 148, § 273; A.S.A. 1947, § 66-3206; Acts 2001, No. 580, § 22; 2001, No. 1604, § 80.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-106 - Application - Use as evidence - Alteration

(a)
No application for the issuance of any life or accident and health insurance policy or annuity contract shall be admissible in evidence in any action relative to the policy or contract unless a true copy of those portions of the application signed by the applicant was attached to, or otherwise made a part of, the policy or contract when issued.
(b)
(1)
If any policy of life or accident and health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for reinstatement or renewal, the insurer, within thirty (30) days after receipt of the request at its home office or at any of its branch offices, shall deliver or mail to the person making the request a copy of the application.
(2)
If the copy is not delivered or mailed after having been requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.
(3)
In the case of a request from a beneficiary, the time within which the insurer is required to furnish a copy of the application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract.
(c)
No alteration of any written application for any life or accident and health insurance policy shall be made by any person other than the applicant without his or her written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that the insertions are not to be ascribed to the applicant.
Acts 1959, No. 148, § 274; A.S.A. 1947, § 66-3207; Acts 2001, No. 1604, § 81.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-107 - Application - Statements as representations

(a)
A statement in an application or in negotiations for a life or accident and health insurance policy or annuity contract by or in behalf of the insured or annuitant are representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless:
(1)
Fraudulent; or
(2)
Material either to the acceptance of the risk or to the hazard assumed by the insurer.
(b)
In any action to rescind any policy or contract or to recover thereon, if any misrepresentation with respect to a medical impairment is proved by the insurer and the insured or any other person having or claiming a right under the contract shall prevent full disclosure and proof of the nature of the medical impairment, then the misrepresentation shall be presumed to have been material.
(c)
In any action to rescind any policy or contract or to recover thereon, a misrepresentation is material if there is a causal relationship between the misrepresentation and the hazard resulting in a loss under the policy or contract.
Acts 1989, No. 662, § 1; 2001, No. 1604, § 82; 2011, No. 1054, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-108 - Return of premium to rejected applicant

After an insurer rejects or declines to issue a life or accident and health insurance policy, the insurer shall return the premium to the applicant within a reasonable period of time.
Acts 1985, No. 793, § 1; A.S.A. 1947, § 66-2027; Acts 2001, No. 1604, § 83.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-111 - Standard provisions

(a)
Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this code pertaining to contracts of particular kinds of insurance. The Insurance Commissioner may waive the required use of a particular provision in a particular insurance policy form if:
(1)
He or she finds the provision unnecessary for the protection of the insured and inconsistent with the purposes of the policy; and
(2)
The policy is otherwise approved by him or her.
(b)
No policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the commissioner may approve any substitute provision which, in his or her opinion, is not less favorable in any particular to the insured or beneficiary than the provisions otherwise required.
(c)
In lieu of the provisions required by this code for contracts for particular kinds of insurance, substantially similar provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the commissioner.
(d)
The provisions of this section shall not apply to policies issued for large commercial risks.
Acts 1959, No. 148, § 278; A.S.A. 1947, § 66-3211; Acts 1999, No. 458, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-113 - Charter or bylaw provisions excluded - Exception

(a)
No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless the portion is set forth in full in the policy.
(b)
Any policy provision in violation of this section shall be invalid.
Acts 1959, No. 148, § 281; A.S.A. 1947, § 66-3214.