reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 9 - ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT (§§ 23-18-901 — 23-18-912) › Section 23-18-911 - State pledge - Definition

(a)
For purposes of this section, the term "bondholder" means a person who holds, owns, or is the beneficial holder or owner of a storm recovery bond.
(b)
(1)
The state and its agencies, including the Arkansas Public Service Commission, pledge to and agree with bondholders, the owners of the storm recovery property, and other financing parties that the state shall not:
(A)
Alter the provisions of this section which make the storm recovery charges imposed by a financing order irrevocable, binding, and nonbypassable charges;
(B)
Take or permit any action that impairs or would impair the value of storm recovery property; or
(C)
Except as allowed under this section, reduce, alter, or impair storm recovery charges that are to be imposed, collected, and remitted for the benefit of the bondholders and other financing parties until any and all principal, interest, premium, financing costs and other fees, expenses, or charges incurred, and any contracts to be performed in connection with the related storm recovery bonds have been paid and performed in full.
(2)
This subsection does not preclude limitation or alteration if full compensation is made by law for the full protection of the storm recovery charges collected pursuant to a financing order and of the holders of storm recovery bonds and any assignee or financing party entering into a contract with the utility.
(c)
Any person or entity that issues storm recovery bonds may include the pledge specified in subsection (b) of this section in the bonds and related documentation.
Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.
Acts 2009, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 9 - ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT (§§ 23-18-901 — 23-18-912) › Section 23-18-912 - Assignee or financing party not a utility

An assignee or financing party shall not be considered a utility or person providing electric or natural gas service by virtue of engaging in the transactions described in this subchapter.
Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.
Acts 2009, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 10 - REGULATION OF ELECTRIC DEMAND RESPONSE ACT (§§ 23-18-1001 — 23-18-1005) › Section 23-18-1001 - Title

This subchapter shall be known and may be cited as the "Regulation of Electric Demand Response Act".
Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 10 - REGULATION OF ELECTRIC DEMAND RESPONSE ACT (§§ 23-18-1001 — 23-18-1005) › Section 23-18-1002 - Definitions

As used in this subchapter:
(1)
(A)
"Aggregator of retail customers" means a person that aggregates demand response from retail customers for the purpose of marketing, selling, or marketing and selling the aggregated demand response:
(i)
To an electric public utility; or
(ii)
Into a wholesale electricity market.
(B)
"Aggregator of retail customers" does not include:
(i)
An electric public utility to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory as certificated by the Arkansas Public Service Commission; or
(ii)
A municipally owned electric utility or consolidated municipal utility improvement district to the extent that it engages in demand response programs or demand response aggregation activities with the retail customers in its own service territory; and
(2)
(A)
"Demand response" means a reduction in the consumption of on-peak or off-peak electric energy by a retail customer served by an electric public utility or a municipally owned electric utility or consolidated municipal utility improvement district relative to the retail customer's expected consumption in response to:
(i)
Changes in the price of electric energy to the retail customer over time; or
(ii)
Incentive payments designed to induce lower consumption of electric energy.
(B)
"Demand response" includes demand response resources capable of providing demand response.
Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 10 - REGULATION OF ELECTRIC DEMAND RESPONSE ACT (§§ 23-18-1001 — 23-18-1005) › Section 23-18-1003 - Authority to regulate demand response

(a)
The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets is subject to regulation by:
(1)
The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or
(2)
The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district.
(b)
The commission:
(1)
May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and
(2)
Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter.
Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 10 - REGULATION OF ELECTRIC DEMAND RESPONSE ACT (§§ 23-18-1001 — 23-18-1005) › Section 23-18-1004 - Marketing or selling of demand response prohibited

The marketing, selling, or marketing and selling of demand response into wholesale electricity markets by an aggregator of retail customers or by a retail customer is prohibited unless the Arkansas Public Service Commission or the governing authority of a municipally owned electric utility or a consolidated municipal utility improvement district determines that the marketing, selling, or marketing and selling of demand response into wholesale electricity markets by aggregators of retail customers or by retail customers is in the public interest.
Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 10 - REGULATION OF ELECTRIC DEMAND RESPONSE ACT (§§ 23-18-1001 — 23-18-1005) › Section 23-18-1005 - Applicability

This subchapter does not prevent a nonresidential customer from opting out in accordance with §
23-3-405
of energy conservation programs and measures as defined in §
23-3-403
.
Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 11 - ARKANSAS AFFORDABLE ENERGY ACT (§§ 23-18-1101 — 23-18-1104) › Section 23-18-1101 - Title

This subchapter shall be known and may be cited as the "Arkansas Affordable Energy Act".
Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 11 - ARKANSAS AFFORDABLE ENERGY ACT (§§ 23-18-1101 — 23-18-1104) › Section 23-18-1102 - Legislative findings and purpose

(a)
The General Assembly finds that it is in the public interest to:
(1)
Promote and encourage the use of existing electric generating units to the maximum extent practicable by seeking to ensure that each existing electric generating unit remains operational for the full useful life of each existing electric generating unit; and
(2)
Foster investment, as appropriate, in existing electric generating units to extend the useful life of such units.
(b)
The purpose of this subchapter is to:
(1)
Ensure that Arkansas continues to have reliable and affordable electricity by confirming that each existing electric generating unit is used to the maximum extent of its useful life; and
(2)
Encourage the use of existing electric generating units by consumers.
Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 11 - ARKANSAS AFFORDABLE ENERGY ACT (§§ 23-18-1101 — 23-18-1104) › Section 23-18-1103 - Definitions

As used in this subchapter:
(1)
"Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission and that is engaged in the business of supplying electricity to an end user in the State of Arkansas; and
(2)
"Existing electric generating unit" means a facility subject to the jurisdiction of the Arkansas Public Service Commission and located in the State of Arkansas for the generation of electric energy in the State of Arkansas that has previously provided power through an electric utility grid system and is currently connected to the electric utility grid system.
Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 11 - ARKANSAS AFFORDABLE ENERGY ACT (§§ 23-18-1101 — 23-18-1104) › Section 23-18-1104 - Electric utility - Retirement review

(a)
Starting in 2024 and continuing one (1) time every three (3) years, the Arkansas Public Service Commission shall produce a report discussing the remaining useful lives of existing electric generating units based on data and information previously provided in the integrated resource plans of electric utilities prepared under §
23-18-106
.
(b)
The report under subsection (a) of this section shall include only existing electric generating units with a planned or announced retirement date of less than five (5) years from the date of the report.
Amended by Act 2023, No. 717,§ 1, eff. 8/1/2023.
Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1201 - Title

This subchapter shall be known and may be cited as the "Rural Broadband I.D. Expenses Trust Fund Grant Program".
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1202 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
Generally, local entities do not budget for or have funds available for broadband due-diligence business studies in connection with making application for federal grants or loans for broadband development programs;
(2)
In order to spur further development of broadband in rural Arkansas, it is necessary for local entities to conduct due-diligence business studies before applying for federal grants or loans for broadband development programs;
(3)
Expenses associated with broadband due-diligence business studies can be burdensome to rural Arkansas communities, and it is in the best interest of all Arkansans to make an investment to develop broadband in rural areas;
(4)
Under current Arkansas law, only certain eligible telecommunications carriers have benefited from the Arkansas High Cost Fund under §
23-17-404
, which underwrites broadband deployment; and
(5)
It is necessary to provide funds to local entities to further widespread broadband deployment, particularly in unserved and underserved rural Arkansas, and to determine the feasibility of broadband deployment for local entities that currently do not have federally defined broadband services and where these broadband due-diligence business studies have not been conducted before.
(b)
It is the intent of the General Assembly to provide funds to local entities to defray expenses for broadband due-diligence business studies in connection with preparations for federal grant and loan applications for broadband development programs administered by the Federal Communications Commission, the United States Department of Agriculture, or another federal agency to spur federally defined broadband development in rural Arkansas.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1203 - Rural Broadband I.D. Expenses Trust Fund - Management of grant application process

(a)
The Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences shall manage the Rural Broadband I.D. Expenses Trust Fund grant application process for local entities to receive funds under the Rural Broadband I.D. Expenses Trust Fund.
(b)
The institute shall:
(1)
Determine Rural Broadband I.D. Expenses Trust Fund grantees;
(2)
Promulgate rules necessary to implement this subchapter;
(3)
(A)
Determine the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds disbursed to an applicant.
(B)
An applicant may be a prospective and qualified applicant for a federal grant or loan for a broadband development program under the federal regulations promulgated by the Federal Communications Commission, the United States Department of Agriculture, or another federal agency;
(4)
Make the determination if the grants shall be awarded; and
(5)
Inform the Treasurer of State when a determination is made to award Rural Broadband I.D. Expenses Trust Fund grants.
(c)
The Rural Broadband I.D. Expenses Trust Fund grants awarded under this subchapter shall:
(1)
Not exceed seventy-five thousand dollars ($75,000) per grant;
(2)
Be limited to thirty (30) one-time grant awards; and
(3)
Be made to a financial institution designated by the local entity that is a Rural Broadband I.D. Expenses Trust Fund grantee and that has accounts insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.
(d)
(1)
A local entity that is a Rural Broadband I.D. Expenses Trust Fund grantee shall:
(A)
Manage the funds it receives for conducting broadband due-diligence business studies; and
(B)
File with the institute an audited accounting of disbursed funds for conducting broadband due-diligence business studies, which shall include information concerning the organizations conducting the broadband due-diligence business studies, the amount paid to those organizations, and the due date of broadband due-diligence business studies.
(2)
The accounting described in subdivision (d)(1)(B) of this section shall be filed no later than:
(A)
(i)
Four (4) months from the date of receipt of the funds.
(ii)
A local entity that files an accounting under subdivision (d)(2)(A)(i) of this section shall file an additional accounting at the conclusion of the broadband due-diligence business study; or
(B)
Nine (9) months after receipt of the funds.
(e)
Any funds not spent on the broadband due-diligence business study shall be paid back to the Treasurer of State within nine (9) months after receipt of the disbursement.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1204 - Rural Broadband I.D. Expenses Trust Fund Grant Program - Legislative oversight

(a)
The General Assembly shall maintain oversight of the Rural Broadband I.D. Expenses Trust Fund Grant Program under this subchapter by requiring prior approval of the Legislative Council, or of the Joint Budget Committee if the General Assembly is in session, as provided by law before Rural Broadband I.D. Expenses Trust Fund grants are awarded.
(b)
The Director of the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences or his or her designee and the Treasurer of State or his or her designee shall:
(1)
Summarize to the General Assembly before Rural Broadband I.D. Expenses Trust Fund grants are awarded; and
(2)
(A)
File a biannual report detailing:
(i)
The balance of the Rural Broadband I.D. Expenses Trust Fund as of the reporting date;
(ii)
A list of the administrative overhead costs paid for from the Rural Broadband I.D. Expenses Trust Fund; and
(iii)
A detailed description of the grant applications received and the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds that were disbursed.
(B)
The biannual report required under subdivision (b)(2)(A) of this section shall be submitted by January 1 and July 1 of each year to the:
(i)
Governor;
(ii)
Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and
(iii)
Joint Committee on Advanced Communications and Information Technology.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1205 - Rural Broadband I.D. Expenses Trust Fund Grant Program - Investment of funds

(a)
(1)
The Treasurer of State shall invest the moneys available in the Rural Broadband I.D. Expenses Trust Fund.
(2)
The investment of funds under this section is exempt from §
19-3-518(a)(2)(B)(i)
(b)
and
(c)
.
(b)
Moneys in the Rural Broadband I.D. Expenses Trust Fund may be invested in any instrument that is:
(1)
Listed in §
19-3-518(b)(1)(B)
; and
(2)
Approved under the guidelines established by the State Treasury investment policy approved by the State Board of Finance.
(c)
Assuming reauthorization of the Rural Broadband I.D. Expenses Trust Fund by the General Assembly, moneys remaining in the Rural Broadband I.D. Expenses Trust Fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this section in the next fiscal year.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1206 - Additional reporting requirement by local entity as Rural Broadband I.D. Expenses Trust Fund grantee

A local entity that is a Rural Broadband I.D. Expenses Trust Fund grantee under this subchapter shall:
(1)
Report to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences semiannually about the status of the local entity's broadband due-diligence business study; and
(2)
Cite reports and analyses finalized as a consequence of the Rural Broadband I.D. Expenses Trust Fund grant award.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1207 - Rural Broadband I.D. Expenses Trust Fund Grant Program - Additional funding available

(a)
If an application by a local entity for a federal grant or loan for a broadband development program is made and successfully awarded by the United States Government, then the local entity as grantee shall report and disclose the award received from the United States Government within thirty (30) days of the award notification to the:
(1)
Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences;
(2)
Governor;
(3)
Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and
(4)
Joint Committee on Advanced Communications and Information Technology.
(b)
(1)
If an award is made by the United States Government, additional funds shall be disbursed to the local entity as a grantee or awardee, as the grantee designates, to initiate the broadband development project.
(2)
The additional awards shall be in the amount of two hundred thousand dollars ($200,000).
(3)
It is anticipated that funds disbursed under this subsection shall defray expenses related to conclusion of the federal grant or loan, including without limitation the expenses of obtaining a letter of credit, a bankruptcy opinion, or eligible telecommunications carrier application expenses, as required by the federal grant or loan awarded.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1208 - Reporting related to commencement of broadband development program funded by federal grant or loan

A local entity that has been awarded a federal grant or loan for a broadband development program shall report the status of the broadband development program to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences within nine (9) months of the award of the federal grant or loan.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 12 - RURAL BROADBAND I.D. EXPENSES TRUST FUND GRANT PROGRAM (§§ 23-18-1201 — 23-18-1209) › Section 23-18-1209 - Submission of mapping information to Arkansas Geographic Information Systems Office required

(a)
A local entity shall coordinate with the Arkansas Geographic Information Systems Office to provide mapping information to the Arkansas Spatial Data Infrastructure for preparation of legal descriptions and digital mapping for the relevant incorporated or unincorporated areas.
(b)
A local entity that has been awarded a state or federal grant or loan shall provide information concerning broadband mapping to the office in compliance with the Arkansas Geographic Information Systems Office Policy Statement PS-01, Arkansas Spatial Data Infrastructure Data Loading and Retirement Procedures.
Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Video Service Act".
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-204 - Certificate of franchise authority - Fees

The fees for a certificate of franchise authority to be collected by the Secretary of State include:
(1)
An application filing fee of one thousand five hundred dollars ($1,500) that includes the cost of issuance of a certificate of franchise authority by the Secretary of State; and
(2)
A fee of one hundred dollars ($100) for accepting an amendment to a certificate of franchise authority or providing a notice required by this subchapter.
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-205 - Use of public rights-of-way by holder of certificate of franchise authority

(a)
A video service provider has the rights, powers, and duties provided for telephone and telegraph companies under §§
23-17-101
-
23-17-105
.
(b)
To enable the provision of video service, a political subdivision shall allow the holder of a certificate of franchise authority to install, construct, and maintain facilities in the public rights-of-way over which the political subdivision has jurisdiction.
(c)
A political subdivision shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public rights-of-way in its jurisdiction.
(d)
This subchapter does not exempt a video service provider from compliance with all lawful political subdivision land use regulations, including without limitation zoning laws, building permit requirements, pole attachment agreements, street cut permits, and other permits required for the use of a political subdivision's right-of-way.
(e)
(1)
In order to construct, maintain, or remove facilities necessary to provide video services, a video service provider may peacefully enter upon the right-of-way of a political subdivision.
(2)
A video service provider is liable for any damage that may result from exercising a right under subdivision (e)(1) of this section.
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-207 - Prohibited activity - Remedies for noncompliance

(a)
A video service provider shall not deny access to video service to any group of potential residential subscribers based on the income of the residents in the local area in which such a group resides.
(b)
A franchising authority or political subdivision shall not impose on a video service provider any build-out or other requirements for the construction, placement, or installation of facilities used to provide video services.
(c)
(1)
If a court of competent jurisdiction finds that the holder of a certificate of franchise authority is not in compliance with this subchapter, the court shall order the holder of the certificate of franchise authority to cure the noncompliance within a reasonable time.
(2)
If the holder of a certificate of franchise authority fails to cure the noncompliance as ordered by a court under subdivision (c)(1) of this section, the court may remedy the noncompliance.
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-208 - Customer service standards

(a)
A video service provider shall comply with the customer service requirements under
47 C.F.R. § 76.309(c)
, as it existed on January 1, 2013.
(b)
(1)
A video service provider shall maintain a local or toll-free number for customer service contact.
(2)
(A)
A video service provider shall implement an informal process for handling political subdivision or customer inquiries, billing issues, service issues, and other complaints.
(B)
If an issue is not resolved through the informal process under subdivision (b)(2)(A) of this section, a political subdivision may request a confidential, nonbinding mediation with the video service provider, with the costs of the mediation to be shared equally between the political subdivision and the video service provider.
(c)
(1)
A video service provider shall notify customers in writing of a change in rates, programming services, or channel positions as soon as possible.
(2)
Written notice shall be given to subscribers at least thirty (30) days in advance of the change if the change is within the control of the video service provider.
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 19 - CABLE AND VIDEO COMMUNICATIONS (§§ 23-19-101 — 23-19-210) › Subchapter 2 - ARKANSAS VIDEO SERVICE ACT (§§ 23-19-201 — 23-19-210) › Section 23-19-210 - Applicability of other laws

(a)
The General Assembly intends that this subchapter be consistent with the Cable Communications Policy Act of 1984,
47 U.S.C. § 521
et seq., as it existed on January 1, 2013.
(b)
Except as otherwise stated in this subchapter, this subchapter shall not be interpreted to prevent a video service provider, a political subdivision, or a franchising entity from entering into a negotiated franchise agreement with a political subdivision or seeking clarification of its rights and obligations under federal or state law or to exercise a right or authority under federal or state law.
(c)
This subchapter does not limit, abrogate, or supersede Title 23, Chapter 17, of this Code regarding telecommunications service in the state, and does not require a telephone corporation to get a certificate of franchise authority or local authorization under this subchapter to permit the telephone corporation to construct, upgrade, operate, or maintain its telecommunications system to provide telecommunications service.
(d)
The regulation of a person holding a certificate of franchise authority issued under this subchapter shall be exclusive to the Secretary of State as provided under this subchapter.
(e)
A person holding a certificate of franchise, with respect to any political subdivision identified by the video service provider in its application or modifications filed under §
23-19-203
, shall not be required to obtain any authorization, permit, franchise, or license from, or pay another fee or franchise tax to, or post bond in any political subdivision of this state to engage in the business or perform any service authorized under this subchapter.
Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-201 - Investment in obligations issued pursuant to Farm Credit Act of 1971

It shall be lawful for all savings and loan associations and insurance companies doing business in the State of Arkansas and for all trustees, guardians of the estates of minors and insane persons, executors, or administrators to invest their funds in notes, bonds, debentures, or other similar obligations issued by the Federal Land Banks, Federal Intermediate Credit Banks, or banks for cooperatives or any other obligations issued pursuant to the provisions of the Farm Credit Act of 1971 and acts amendatory thereto.
Acts 1997, No. 83, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-202 - [Repealed]

Repealed by Act 2017, No. 426,§ 10, eff. 8/1/2017.
Acts 1997, No. 82, § 1; 2003, No. 860, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-203 - Loans secured by liens on agricultural lands

(a)
Any person obtaining a loan secured by a lien on real estate in this state which is used primarily for agricultural or livestock purposes shall have the privilege of prepaying the loan in multiples of one hundred dollars ($100) during any one (1) year following the first anniversary date of the loan, on interest-paying dates, provided the prepayment plus required payments does not exceed twenty percent (20%) of the initial principal amount of the loan.
(b)
The privilege shall not be cumulative, and the borrower shall have no further prepayment privilege except that the borrower may, at any time, prepay the principal balance of the loan with accrued interest thereon plus prepayment fees in amounts not exceeding the following:
(1)
Five percent (5%) of the unpaid principal balance if prepaid during the first year;
(2)
Four percent (4%) of the unpaid principal balance if prepaid during the second year;
(3)
Three percent (3%) of the unpaid principal balance if prepaid during the third year;
(4)
Two percent (2%) of the unpaid principal balance if prepaid during the fourth year;
(5)
One percent (1%) of the unpaid principal balance if prepaid during the fifth year; and
(6)
No penalty if prepaid more than five (5) years after the date of the note creating the debt.
(c)
(1)
This section shall apply only to loans secured by a lien on real estate used primarily for agricultural or livestock purposes.
(2)
This section shall not apply to any mortgage, deed of trust, note, or other instrument evidencing indebtedness if the instrument contains a statement in boldface type that this section does not apply and if the lender or agent of the lender points out and explains the provisions to the borrower and the borrower signs a statement on the instrument that the section has been explained and that the borrower agrees.
(d)
Any lender or other person applying or attempting to apply more restrictive prepayment requirements, or otherwise violating this section, shall be guilty of a Class A misdemeanor and shall be punished accordingly.
(e)
In addition to the criminal penalties provided in subsection (d) of this section, any lender or other person applying or attempting to apply more restrictive prepayment requirements or otherwise violating this section shall forfeit all unmatured interest and principal on the loan and shall be liable for reasonable attorney's fees incurred by the debtor as a result of the lender's violation of this section.
(f)
Any payment of interest or principal made by the debtor shall not constitute a waiver of any of the debtor's rights provided by this section or any other law.
Acts 1997, No. 81, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-204 - Sale of certain mortgage loans

Notwithstanding any other provision of law, any savings and loan association or insurance company organized under the laws of this state which has as one (1) of its principal purposes the making or purchasing of loans secured by real estate mortgages is authorized to:
(1)
Sell such mortgage loans to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or any other corporation chartered by an act of Congress for such purposes, or any successor thereof;
(2)
In connection therewith, make payments of any capital contributions required pursuant to law in the nature of subscriptions for stock of the entities described in subdivision (1) of this section;
(3)
Receive stock evidencing such capital contributions; and
(4)
Hold or dispose of such stock.
Acts 1997, No. 80, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-205 - Loans under Servicemen's Readjustment Act

(a)
In applying to loans made under the Servicemen's Readjustment Act of 1944, any restrictions of any character imposed by the laws of the State of Arkansas upon loans which state-chartered lending institutions may make, purchase, or otherwise acquire, no consideration whatsoever shall be given:
(1)
Any loan or loan obligation which is wholly guaranteed or insured by the Secretary of Veterans Affairs, under Title III of the Servicemen's Readjustment Act of 1944 or for the insurance or guaranty of which the administrator has issued his or her binding commitment; or
(2)
If any loan or loan obligation be guaranteed or insured only in part under the Servicemen's Readjustment Act of 1944:
(A)
That portion of the loan or loan obligation so guaranteed or insured by the administrator; and
(B)
That portion of the loan or loan obligation that may be guaranteed or insured by the United States or by any department, bureau, or agency thereof, including any corporation which, or the capital stock of which, is owned by the United States Government.
(b)
As used in this section, "restrictions of any character" includes:
(1)
Restrictions on the aggregate amount of loans which any lending institution may lawfully make to any one (1) borrower; and
(2)
Restrictions on the duration of the loan or the time or manner of repayment.
(c)
As used in this section, "state-chartered lending institutions" includes building and loan associations, savings and loan associations, insurance companies, and other institutions and organizations authorized to make loans in this state.
Acts 1997, No. 79, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-206 - Casualty insurance - Replacement cost coverage

(a)
A savings and loan association, financial institution, national bank, mortgage company, or any public or private mortgagee doing business in this state, when making a mortgage loan, may not require as a condition or term of the mortgage that the mortgagor purchase casualty insurance on property which is the subject of the mortgage in an amount in excess of the fair market value of the buildings or appurtenances on the mortgaged premises.
(b)
This section shall not be construed as limiting the right of the mortgagor to purchase replacement cost coverage on the property which is the subject of the mortgage.
Acts 1997, No. 138, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-208 - Sharing of customer-bank communication terminals

(a)
(1)
An agreement to share a customer-bank communication terminal, as defined by §
23-32-1301(2)
[repealed], shall not prohibit, limit, or restrict the right of a financial institution from charging a customer-bank communication terminal usage fee.
(2)
The usage fee shall not exceed two dollars ($2.00) or two percent (2%) of the gross amount of the transaction, whichever is less, and may only be imposed if imposition of the fee is disclosed at a time and in a manner that allows a user to terminate or cancel the transaction without incurring the usage fee.
(b)
(1)
For purposes of this section, "usage fee" is a fee charged by a customer-bank communication terminal owner on transactions by a holder of a foreign bank card.
(2)
For purposes of this section, a "foreign bank card" is a card eligible for use in a customer-bank communication terminal, which card is not issued by the customer-bank communication terminal owner.
Acts 1997, No. 86, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 32 - GENERAL PROVISIONS (§§ 23-32-201 — 23-32-509) › Subchapter 2 - POWERS AND DUTIES OF FINANCIAL INSTITUTIONS GENERALLY (§§ 23-32-201 — 23-32-210) › Section 23-32-209 - Misleading actions or use of words by unauthorized persons

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