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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 17 - PROTECTED CELL COMPANY ACT (§§ 23-63-1701 — 23-63-1709) › Section 23-63-1707 - Conservation, rehabilitation, or liquidation of protected cell companies

(a)
Notwithstanding any provision of the Arkansas Insurance Code or any rule promulgated under the Arkansas Insurance Code or any other applicable law or rule, upon any order of conservation, rehabilitation, or liquidation of a protected cell company, the receiver shall be bound to deal with the protected cell company's assets and liabilities, including protected cell assets and protected cell liabilities, in conformance with this subchapter.
(b)
With respect to amounts recoverable under a protected cell company insurance securitization, the amount recoverable by the receiver shall not be reduced or diminished as a result of the entry of an order of conservation, rehabilitation, or liquidation with respect to the protected cell company, notwithstanding any provision in the contracts or other documentation governing the protected cell company insurance securitization.
Amended by Act 2019, No. 315,§ 2644, eff. 7/24/2019.
Acts 2001, No. 1428, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 17 - PROTECTED CELL COMPANY ACT (§§ 23-63-1701 — 23-63-1709) › Section 23-63-1708 - No transaction of an insurance business

(a)
A protected cell company insurance securitization shall not be deemed to be an insurance or reinsurance contract.
(b)
An investor in a protected cell company insurance securitization shall not be deemed, by sole means of this investment, to be transacting insurance business in this state.
(c)
The underwriters or selling agents and their partners, directors, officers, members, managers, employees, agents, representatives, and advisors involved in a protected cell company insurance securitization shall not be deemed to be conducting an insurance or reinsurance agency, brokerage, intermediary, advisory, or consulting business by virtue of their activities in connection with the protected cell company insurance securitization.
Acts 2001, No. 1428, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 17 - PROTECTED CELL COMPANY ACT (§§ 23-63-1701 — 23-63-1709) › Section 23-63-1709 - Authority to adopt rules

The Insurance Commissioner may promulgate rules necessary to carry out the purpose and intent of this subchapter.
Amended by Act 2019, No. 315,§ 2645, eff. 7/24/2019.
Acts 2001, No. 1428, § 9.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1801 - Definitions

As used in this subchapter:
(1)
"Covered person" means a person on whose behalf a healthcare insurer offering health insurance coverage is obligated to pay benefits or provide services;
(2)
"Healthcare insurer" means an entity subject to the insurance laws of this state or the jurisdiction of the Insurance Commissioner that contracts or offers to contract to provide health insurance coverage, including, but not limited to, an insurance company, a health maintenance organization, or a hospital medical service corporation;
(3)
"Healthcare provider" means any person or entity providing:
(A)
Medical, pharmaceutical, optometric, or dental care;
(B)
Hospitalization; or
(C)
Any other services and goods used for the purpose or incidental to the purpose of preventing, alleviating, curing, or healing human illness or injury;
(4)
(A)
"Health insurance coverage" means benefits consisting of medical, pharmaceutical, optometric, or dental care, hospitalization, or other goods or services for the purpose of preventing, alleviating, curing, or healing human illness provided, directly or indirectly, through insurance, reimbursement, or otherwise, including items and services paid for under any policy, certificate, or agreement offered by a healthcare insurer.
(B)
"Health insurance coverage" does not include policies or certificates covering only accident, credit, disability income, long-term care, hospital indemnity, Medicare supplemental policy as defined in
42 U.S.C. § 1395ss(g)(1)
, a specified disease, other limited benefit health insurance, automobile medical payment insurance, or claims under the Workers' Compensation Law, §
11-9-101
et seq., Public Employee Workers' Compensation Act, §
21-5-601
et seq., or the Comprehensive Health Insurance Pool Act, §
23-79-501
et seq.; and
(5)
"Recoupment" means any action or attempt by a healthcare insurer to recover or collect payments already made to a healthcare provider with respect to a claim:
(A)
By reducing other payments currently owed to the healthcare provider;
(B)
By withholding or setting off the amount against current or future payments to the healthcare provider;
(C)
By demanding payment back from a healthcare provider for a claim already paid; or
(D)
By any other manner that reduces or affects the future claim payments to the healthcare provider.
Amended by Act 2019, No. 940,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 940,§ 1, eff. 7/24/2019.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1802 - Time for recoupment

(a)
(1)
Except in cases of fraud committed by a healthcare provider, a healthcare insurer may exercise recoupment from a healthcare provider only during the eighteen-month period after the date that the healthcare insurer paid the claim submitted by the healthcare provider.
(2)
A healthcare provider may submit a corrected claim for up to six (6) months after recoupment for services that were actually provided but billed in error without the intent to defraud.
(b)
(1)
A healthcare insurer that exercises recoupment under this section shall give the healthcare provider a written or electronic statement specifying the basis for the recoupment.
(2)
At a minimum, the statement shall contain the information required by §
23-63-1804
.
Amended by Act 2019, No. 940,§ 3, eff. 7/24/2019.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1803 - Persons not covered

(a)
If a healthcare insurer determines that payment was made for services not covered under the covered person's health insurance coverage, the healthcare insurer shall give written notice to the healthcare provider of its intent to exercise recoupment and may:
(1)
Request a refund from the healthcare provider; or
(2)
Make a recoupment of the payment from the healthcare provider in accordance with §
23-63-1804
.
(b)
(1)
Except in the case of fraud committed by the healthcare provider or as provided in subdivision (b)(2) of this section, subsection (a) of this section shall not apply if a healthcare provider or other party on its behalf verified from the healthcare insurer or its agent that an individual was a covered person and if the healthcare provider in good faith provided services to the individual in reliance on the verification.
(2)
A healthcare insurer has one hundred twenty (120) days from the date of payment to notify the provider of a verification error and the fact that services rendered will not be covered if the error was made in good faith at the time of the verification.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1804 - Recoupments - Required disclosures

If a healthcare insurer exercises recoupment, then the healthcare insurer shall provide the healthcare provider written documentation that specifies the:
(1)
Amount of the recoupment;
(2)
Covered person's name to whom the recoupment applies;
(3)
Patient identification number;
(4)
Date or dates of service;
(5)
Service or services on which the recoupment is based;
(6)
Pending claims being recouped or future claims that will be recouped; and
(7)
Specific reason for the recoupment.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1805 - Penalties

The failure to comply with any provision of this subchapter shall be deemed an unfair trade practice under the Trade Practices Act, §
23-66-201
et seq., and may be punished by the fines and penalties established under §§
23-60-108
,
23-66-210
, and
23-66-215
.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1806 - Rules

The Insurance Commissioner shall adopt rules by January 1, 2006, to ensure compliance with this subchapter.
Amended by Act 2019, No. 315,§ 2646, eff. 7/24/2019.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1807 - No waiver of provisions

The provisions of this subchapter shall not be waived, voided, or nullified by contract.
Acts 2005, No. 422, § 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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 18 - AUDITS OF MEDICAL PROVIDERS (§§ 23-63-1801 — 23-63-1808) › Section 23-63-1808 - Application - Audit recoupment

The provisions of this subchapter that allow for audit recoupment from healthcare providers do not apply to a service that was authorized under §
23-99-1109
, §
23-99-1113
, or §
23-99-1116
, except as provided for in §
23-99-1109(b)
.
Added by Act 2017, No. 815,§ 1, eff. 8/1/2017.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 19 - PROPERTY AND CASUALTY ACTUARIAL OPINION LAW (§§ 23-63-1901 — 23-63-1905) › Section 23-63-1901 - Title

This subchapter shall be known and may be cited as the "Property and Casualty Actuarial Opinion Law".
Acts 2009, No. 726, § 24.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 19 - PROPERTY AND CASUALTY ACTUARIAL OPINION LAW (§§ 23-63-1901 — 23-63-1905) › Section 23-63-1902 - Definitions

As used in this subchapter:
(1)
"Actuarial opinion summary" means a summary of the information supporting a statement of actuarial opinion;
(2)
"Appointed actuary" means the actuary appointed by a property and casualty insurance company to prepare a statement of actuarial opinion and an actuarial opinion summary; and
(3)
"Statement of actuarial opinion" means the actuarial opinion of an appointed actuary prepared in accordance with the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions.
Acts 2009, No. 726, § 24.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 19 - PROPERTY AND CASUALTY ACTUARIAL OPINION LAW (§§ 23-63-1901 — 23-63-1905) › Section 23-63-1903 - Annual statement of actuarial opinion, actuarial opinion summary, and supporting documentation required

(a)
(1)
Unless exempted by the Insurance Commissioner, a property and casualty insurance company doing business in this state shall annually file with the commissioner a statement of actuarial opinion and an actuarial opinion summary.
(2)
A property and casualty insurance company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.
(b)
(1)
An actuarial report and underlying work papers as required by the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions shall be prepared to support each statement of actuarial opinion.
(2)
If a property and casualty insurance company fails to provide a supporting actuarial report or underlying work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurance company are not acceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the property and casualty insurance company to:
(A)
Review the statement of actuarial opinion and the basis for the statement of actuarial opinion; and
(B)
Prepare the supporting actuarial report or work papers.
Acts 2009, No. 726, § 24.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 19 - PROPERTY AND CASUALTY ACTUARIAL OPINION LAW (§§ 23-63-1901 — 23-63-1905) › Section 23-63-1904 - Liability of appointed actuary

An appointed actuary is not liable for damages to any person other than the property and casualty insurance company or the Insurance Commissioner, or both the property and casualty insurance company and the commissioner, for any act, error, omission, decision, or conduct with respect to the actuary's statement of actuarial opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary.
Acts 2009, No. 726, § 24.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2001 - Title

This subchapter shall be known and may be cited as the "Corporate Governance Annual Disclosure Act".
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2002 - Purpose - Intent

(a)
The purpose of this subchapter is to:
(1)
Provide the Insurance Commissioner a summary of the corporate governance structure, policies, and practices of an insurer or insurance group to allow the commissioner an opportunity to gain and maintain a better understanding of the corporate governance framework of an insurer operating in this state;
(2)
Outline the requirements for completing a corporate governance annual disclosure; and
(3)
Provide assurance for the confidential treatment of the corporate governance annual disclosure and related information due to the confidential and sensitive information it will reveal as it relates to the internal operations and proprietary and trade secret information of an insurer or insurance group which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.
(b)
It is the intent of the General Assembly that this subchapter:
(1)
Not be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law;
(2)
Not be construed to limit the commissioner's authority or the rights or obligations under §
23-61-201
et seq.; and
(3)
Apply only to a multistate insurer domiciled in this state.
Amended by Act 2021, No. 367,§ 14, eff. 7/28/2021.
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2003 - Definitions

As used in this subchapter:
(1)
"Corporate governance annual disclosure" means a confidential report filed by an insurer or insurance group made according to this subchapter;
(2)
"Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in the Insurance Holding Company Regulatory Act, §
23-63-501
et seq.;
(3)
(A)
"Insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance.
(B)
"Insurer" does not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state; and
(4)
"Person" includes an individual, insurer, company, association, organization, Lloyd's, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation, and every legal entity.
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2005 - Corporate governance annual disclosure

(a)
(1)
The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries or questions if the corporate governance annual disclosure contains the material information necessary to permit the Insurance Commissioner to gain an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices.
(2)
The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or controls implementing those policies.
(b)
Notwithstanding subsection (a) of this section, the corporate governance annual disclosure shall be prepared consistent with any rule promulgated under §
23-63-2010
.
(c)
Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2008 - Penalties

(a)
An insurer failing, without just cause, to timely file the corporate governance annual disclosure as required under this subchapter shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day's delay, payable to the Insurance Commissioner, and the penalty recovered shall be paid into the General Revenue Fund Account of the State Apportionment Fund.
(b)
The maximum penalty under subsection (a) of this section is ten thousand dollars ($10,000).
(c)
The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2009 - Severability clause

(a)
Except for §
23-63-2007
or the application of §
23-63-2007
to any person or circumstance, if any provision of this subchapter is held invalid, the determination shall not affect the provisions of this subchapter that can be given effect without the invalid provision or application.
(b)
With the exception of §
23-63-2007
, this subchapter is severable.
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 63 - INSURANCE COMPANIES GENERALLY (§§ 23-63-101 — 23-63-2010) › Subchapter 20 - CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT (§§ 23-63-2001 — 23-63-2010) › Section 23-63-2010 - Rules

(a)
The Insurance Commissioner shall promulgate rules necessary to implement this subchapter.
(b)
(1)
When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under §
25-15-204(f)
:
(A)
On or before January 1, 2020; or
(B)
If approval under §
10-3-309
has not occurred by January 1, 2020, as soon as practicable after approval under §
10-3-309
.
(2)
The commissioner shall file the proposed rule with the Legislative Council under §
10-3-309(c)
sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-64-101 — 23-64-103) › Section 23-64-101 - Scope of provisions

This chapter shall apply with respect to any insurer, as to all insurances other than wet marine and foreign trade insurance.
Acts 1959, No. 148, § 144; A.S.A. 1947, § 66-2801; Acts 1997, No. 1004, § 1; 2007, No. 684, § 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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-64-101 — 23-64-103) › Section 23-64-103 - Exceptions to definitions

The definitions contained in §
23-64-102
shall not be deemed to include the attorney-in-fact of a reciprocal insurer.
Acts 1959, No. 148, § 150; A.S.A. 1947, § 66-2807; Acts 1997, No. 1004, § 1; 1999, No. 657, § 2; 2001, No. 580, § 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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-201 - License required to solicit, sell, negotiate, engage, consult, or adjust insurance - Grounds for license suspension

(a)
No insurance producer, insurer, insurance consultant, or adjuster shall permit any person not properly licensed under this chapter to solicit, sell, negotiate, engage, consult, or adjust in the business of insurance on behalf of the insurance producer, insurer, insurance consultant, or adjuster.
(b)
(1)
Unless he or she has complied with the Producer Licensing Model Act, §
23-64-501
et seq., a person shall not consult, counsel, or advise others on matters of insurance needs or coverages under any insurance policy or contract of insurance unless licensed under this section.
(2)
Licensure of a salaried employee of the entity or entities for which he or she may consult or counsel on matters of insurance to that entity or entities shall not be required.
(c)
No person may adjust claims as an adjuster without licensure under this chapter.
(d)
Any license issued by the Insurance Commissioner, under this section, may be immediately suspended as per §
9-14-239
for failure to pay child support.
(e)
All licensees or applicants for licensure under this section must notify the commissioner in writing within thirty (30) days of any filing of a criminal charge or conviction or plea of a criminal charge or the filing of any bankruptcy proceeding by or against them. Failure to so notify the commissioner may result in the immediate suspension of the license.
Acts 1959, No. 148, § 152; 1985, No. 804, § 21; A.S.A. 1947, § 66-2809; Acts 1987, No. 927, § 1; 1989, No. 772, § 5; 1993, No. 901, § 13; 1997, No. 1004, § 1; 2001, No. 580, § 5; 2007, No. 331, § 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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-203 - Testing, emergency suspension, and records

(a)
The Insurance Commissioner shall prescribe the form and content of all examinations required by this chapter and shall include therein questions calculated to determine the applicant's knowledge of the laws of this state and the regulations of the commissioner relative to those areas of licensure.
(b)
Upon receipt of the notice from any insurance company pursuant to §
23-64-515(a)
, if the commissioner determines after investigation that the dismissal was for any of the reasons described in §
23-64-512
, the commissioner shall immediately suspend the license of the licensee pending a hearing on the matter.
(c)
(1)
The commissioner shall maintain information on each licensee in this state. A complete record of all information furnished the commissioner regarding the conduct of any licensee in this state shall be maintained for a reasonable period of time as determined by the commissioner.
(2)
If the commissioner receives information from any insurance company or from any other person about acts of fraud by a licensee, or about misrepresentations of the terms and provisions of any insurance policy by the licensee, the commissioner shall transmit that information plus any other information discovered in an investigation by the commissioner to the proper authorities for legal action against the agent as authorized by the laws of this state.
(d)
The provisions of this subsection shall be supplemental to and shall not repeal any existing laws on the same subject.
Acts 1959, No. 148, § 154; 1967, No. 33, § 1; 1983, No. 522, § 12; 1983, No. 534, §§ 2, 4, 5; 1985, No. 307, § 1; A.S.A. 1947, §§ 66-2811, 66-2811.2, 66-2811.3, 66-2838; Acts 1987, No. 622, § 2; 1993, No. 901, §§ 17-20; 1997, No. 1004, § 1; 2001, No. 580, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-204 - Application for insurance consultant's license

(a)
Application for an insurance consultant's license shall be made to the Insurance Commissioner by the applicant and be signed and sworn to by the applicant along with a nonrefundable application fee as prescribed by regulation.
(b)
The form of application shall require full answers to such questions as may reasonably be necessary to determine the applicant's identity, residence, personal history, business record, experience in insurance, and other facts, such as, but not limited to, criminal convictions, pleas, pending charges, bankruptcies, or filings for bankruptcy or any other items, as required by the commissioner to determine whether the applicant meets the applicable qualifications mandated.
(c)
The application shall state the kinds of insurance proposed to be transacted.
(d)
If the applicant for license is a firm, limited liability company, or corporation, the application shall show the names of all members, managers, officers, and directors and shall designate each individual who is to exercise the powers to be conferred by the license. Each individual so designated shall furnish information with respect to himself or herself, as part of the application, as though licensed as an individual licensee.
(e)
The application shall also show whether the applicant or individual designee under the license was ever previously licensed to transact any kind of insurance in this state or elsewhere, whether the license was ever refused, suspended, or revoked, and whether any insurer or insurance licensee claims an applicant is indebted to it, and if so, the details thereof.
(f)
(1)
If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant.
(2)
The permit will be valid for a period of ninety (90) days from the date of issuance.
(3)
If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant.
(4)
If an applicant appears for examination but fails to pass the examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination.
Acts 1959, No. 148, § 156; 1979, No. 942, § 21; 1983, No. 522, §§ 15-17; A.S.A. 1947, § 66-2813; Acts 1987, No. 622, § 4; 1993, No. 901, § 21; 1997, No. 1004, § 1; 1999, No. 1270, § 1; 2001, No. 580, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-205 - Written examination

(a)
Within a reasonable time and in a location to be determined by the Insurance Commissioner, after filing of application and payment of the applicable fees, the commissioner shall subject each applicant for license as an insurance consultant to a written examination.
(b)
If the applicant is a firm, limited liability company, or corporation, the examination shall be taken by each individual who is to be named in the license as having authority to act for the applicant in its insurance transactions under the license.
(c)
Examination of an applicant for an insurance consultant's license shall cover the kinds of insurance as to which the applicant is to be licensed.
(d)
(1)
The commissioner may give, conduct, and grade all examinations, or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined.
(2)
Any written examination may be substituted by an oral examination of the applicant if so deemed necessary under any applicable statute, including, but not limited to, the Americans with Disabilities Act.
(3)
The commissioner shall require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt.
Acts 1959, No. 148, § 157; 1967, No. 33, § 2; 1979, No. 942, § 22; 1983, No. 433, § 1; 1983, No. 823, § 1; 1985, No. 307, § 1; A.S.A. 1947, §§ 66-2814, 66-2838; Acts 1987, No. 622, §§ 5, 6; 1991, No. 1123, § 21; 1993, No. 901, § 22; 1997, No. 1004, § 1; 1999, No. 657, § 3; 1999, No. 943, § 1; 2001, No. 580, § 9.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-207 - Scope of broker's license and authority and insurance consultant's license

(a)
The Insurance Commissioner shall not issue a broker's license limited to particular lines of insurance.
(b)
(1)
A broker, as such, is not an agent or other representative of an insurer and does not have power by his or her own acts to obligate the insurer upon any risk or with reference to any insurance transaction unless, and to the extent, he or she has received refunded premiums from the insurer on behalf of the insured.
(2)
An insurer or agent shall have the right to pay to a broker licensed under this chapter the customary commissions upon insurance placed through the broker.
(c)
A license as a consultant may cover:
(1)
Life and disability;
(2)
Property and casualty which includes surety and marine; or
(3)
Both subdivisions (c)(1) and (2) of this section.
Acts 1959, No. 148, §§ 162, 164; A.S.A. 1947, §§ 66-2819, 66-2821; Acts 1987, No. 622, § 10; 1997, No. 1004, § 1; 2001, No. 580, § 11.
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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-214 - Issuance of license - Form and content of license

(a)
The Insurance Commissioner shall promptly issue adjuster or insurance consultant's licenses applied for to persons qualified therefor in accordance with this chapter.
(b)
The license shall state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, kind or kinds of insurance covered, the license number as determined and assigned by the commissioner, and the other conditions of the license.
(c)
If the licensee is other than an individual, the license shall also state the name of each individual authorized thereunder to exercise the license powers.
Acts 1959, No. 148, § 158; 1983, No. 522, § 18; A.S.A. 1947, § 66-2815; Acts 1987, No. 622, § 7; 1993, No. 652, § 13; 1993, No. 901, § 23; 1997, No. 1004, § 1; 2001, No. 580, § 17.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-215 - Continuance of license

(a)
Unless the license of an insurance adjuster or an insurance consultant is not renewed, expires, is suspended, is revoked, or is terminated, the licensee may continue the license by:
(1)
Paying annually or biennially the continuation of license fee prescribed by rule of the Insurance Commissioner; and
(2)
Complying with all other rules of the commissioner for continuing the license.
(b)
(1)
A licensee who allows his or her license to lapse may reinstate the license within twelve (12) months after the due date of the continuation of license fee without the necessity of passing a written examination.
(2)
However, a penalty in the amount of double the unpaid continuation of license fee shall be required for any continuation of license fee received after the due date.
Acts 1959, No. 148, § 177; 1973, No. 66, § 5; A.S.A. 1947, § 66-2834; Acts 1987, No. 622, § 18; 1993, No. 901, §§ 24, 25; 1997, No. 1004, § 1; 1999, No. 657, § 7; 2001, No. 580, § 18; 2009, No. 726, § 28.
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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-217 - Procedure following suspension or revocation

(a)
(1)
Upon the suspension or revocation of a license, the Insurance Commissioner shall immediately notify the licensee of the suspension or revocation either in person or by mail addressed to the licensee at the licensee's address last of record with the commissioner or by electronic notice.
(2)
Notice by mail or by electronic mail shall be deemed effectuated when so mailed.
(3)
The commissioner shall give like notice to the insurers represented by the agent in the case of an agent's license. Upon receipt of notice from the commissioner that the license has been revoked, each insurer represented by the agent shall take appropriate and prompt action necessary to:
(A)
Retrieve from the agent all solicitation materials, policy applications, binders, and all other materials in the possession of the agent that are the property of such an insurer; and
(B)
Retrieve the agent's policyholder files and records for policies in force at the time such an insurer receives notice of the revocation.
(b)
The commissioner may not again issue a license under the Arkansas Insurance Code to any person whose license has been revoked until after the expiration of three (3) years, and thereafter not until:
(1)
The person has paid in full any fines, administrative penalties, or monetary penalties imposed on the person at the time of revocation;
(2)
The person has paid restitution of actual losses to affected persons when the order of revocation contains findings that the conduct of the person resulted in actual losses to affected persons; and
(3)
The person again qualifies for license in accordance with the applicable provisions of the Arkansas Insurance Code.
(c)
If the license of a firm, limited liability company, or corporation is so suspended or revoked, no member of the firm or limited liability company or officer or director of the corporation shall be licensed or be designated in any license to exercise the powers thereof during the period of the suspension or revocation unless the commissioner determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.
Acts 1959, No. 148, § 179; A.S.A. 1947, § 66-2836; Acts 1987, No. 622, § 20; 1993, No. 901, § 27; 1997, No. 1004, § 1; 2003, No. 1203, § 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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-218 - Return of license to Insurance Commissioner

(a)
(1)
All licenses issued under this chapter, although issued and delivered to the licensee, shall at all times be the property of the State of Arkansas.
(2)
Upon any expiration, termination, suspension, or revocation of the license, the licensee or other person having possession or custody of the license shall immediately deliver it to the Insurance Commissioner either by personal delivery or by mail.
(b)
As to any license lost, stolen, or destroyed while in the possession of any licensee or person, the commissioner may accept, in lieu of return of the license, the affidavit of the licensee or other person responsible for or involved in the safekeeping of the license concerning the facts of the loss, theft, or destruction.
(c)
Any licensee who ceases to maintain his or her residence in this state shall deliver his or her insurance license to the commissioner within ten (10) days after terminating his or her residency.
Acts 1959, No. 148, § 180; 1983, No. 522, § 23; A.S.A. 1947, § 66-2837; Acts 1997, No. 1004, § 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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-220 - Place of business - Maintenance of records - Definition

(a)
(1)
Every resident agent or resident broker shall have and maintain in this state, or in a city or town in another state through which passes the boundary of this state, a place of business accessible to the public.
(2)
The place of business shall be that wherein the licensee principally conducts transactions under his or her license.
(3)
The address of the place shall appear upon the license, and the licensee shall promptly notify the Insurance Commissioner in writing of any change of address within ten (10) days of that change of address.
(4)
Nothing in this section shall be deemed to prohibit maintenance of the place of business in the licensee's place of residence in this state.
(b)
The licenses of the licensee shall be conspicuously displayed in the place of business in a part thereof customarily open to the public.
(c)
(1)
(A)
The agent or broker shall keep at his or her place of business the usual and customary records pertaining to transactions under his or her license for at least:
(i)
Five (5) years from the date the record was created; or
(ii)
One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding:
(a)
Commenced within five (5) years from the date the record was created; and
(b)
Involving records pertaining to a transaction conducted by the agent or broker under his or her license.
(B)
A record required to be kept by this subsection may be maintained:
(i)
In its original form, electronically, or as a hard copy; and
(ii)
By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record.
(2)
As used in this subsection, "usual and customary records" means:
(A)
Applications;
(B)
Billing information;
(C)
Policy information; and
(D)
Claims files.
Amended by Act 2015, No. 1223,§ 28, eff. 7/22/2015.
Amended by Act 2015, No. 1223,§ 27, eff. 7/22/2015.
Acts 1959, No. 148, § 172; A.S.A. 1947, § 66-2829; Acts 1997, No. 1004, § 1; 2009, No. 726, § 29.
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 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-221 - Vending machines

(a)
A licensed producer may solicit applications for and issue policies of personal travel and accident insurance by means of mechanical vending machines supervised by him or her and placed at airports, railroad stations, bus stations, hotels, and similar places of convenience to the traveling public if the Insurance Commissioner finds that:
(1)
The policy to be so sold provides reasonable coverage and benefits, is reasonably suited for sale and issuance through vending machines, and that use of such a machine therefor in a particular proposed location would be of material convenience to the public;
(2)
The type of vending machine proposed to be used is reasonably suitable and practical for the purpose;
(3)
Reasonable means are provided for informing the prospective purchaser of the policy of the coverage and restrictions of the policy; and
(4)
Reasonable means are provided for refund to the applicant or prospective applicant of money inserted in defective machines and for which no insurance or a less amount than that paid for is actually received.
(b)
(1)
As to each machine to be so used, the commissioner shall issue to the agent a special vending machine license.
(2)
The license shall specify the name and address of the insurer and agent, the name of the policy to be sold, the serial number of the machine, and the place where the machine is to be in operation.
(3)
The license shall be subject to annual continuation, expiration, suspension, or revocation coincidentally with that of the agent.
(4)
The commissioner shall also revoke the license as to any machine for which he or she finds that the conditions upon which the machine was licensed, as referred to in subsection (a) of this section, no longer exist.
(5)
The license fee shall be as stated in §
23-61-401
for each license year or part of a year for each respective vending machine.
(6)
Proof of the existence of a subsisting license shall be displayed on or about each vending machine in use in such a manner as the commissioner may reasonably require.
(c)
Application for insurance issued by any vending machine must be signed by or on behalf of the individual to be so insured, as provided in §
23-79-105
.
Acts 1959, No. 148, § 171; A.S.A. 1947, § 66-2828; Acts 1997, No. 1004, § 1; 2003, No. 1203, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 64 - LICENSEES, AGENTS, BROKERS, ADJUSTERS, AND CONSULTANTS (§§ 23-64-101 — 23-64-614) › Subchapter 2 - LICENSING AND APPOINTMENT (§§ 23-64-201 — 23-64-234) › Section 23-64-223 - Fiduciary duties of licensees

(a)
All funds, fees, moneys, premiums, or return premiums received by a licensee in the capacity as a licensee shall be trust funds so received by the licensee in a fiduciary capacity, and the licensee shall in the applicable regular course of business account for and pay these funds, fees, moneys, premiums, or return premiums to the insured, insurer, licensee, or any other person entitled thereto.
(b)
Any licensee who, not being lawfully entitled thereto, diverts or appropriates those funds or any portion thereof to his or her own use shall upon conviction be guilty of theft of property and shall be punished as provided by law.
Acts 1959, No. 148, § 174; 1985, No. 804, § 14; A.S.A. 1947, § 66-2831; Acts 1997, No. 1004, § 1.