Ark. Code Ann. § 11-9-303 (2020)

1. 1. In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in § 11-9-306 but not to exceed three percent (3%), on all written manual premiums resulting from the writing of workers' compensation insurance on risks within the state.
   2. Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).
2. “Written manual premium” means premium produced in a given year by the manual rates in effect during the experience period and shall exclude the premium produced by the expense constant. Furthermore, “written manual premium”, for the purpose of this chapter, means premium before any allowable deviated discounts, any experience rating modification, any premium discount, any reinsurance or deductible arrangement as common with fronting carriers, any dividend consideration, or other trade discount.
3. 1. This tax shall be collected by the commission from the carriers at the same time and in the same manner as insurance premium taxes under § 26-57-601 et seq. and deposited into the funds created in § 11-9-301.
   2. This transfer from the funds created in § 11-9-301 shall be in the same proportions that deposits were made into the three (3) funds as set forth in § 11-9-306(a)-(c).
4. 1. Assessments upon which premium taxes are based shall be made on forms prescribed by the commission and shall be paid to the commission.
   2. Absent a waiver obtained from the commission for good cause, the failure of the licensed carrier to pay the assessment when due shall be referred to the Insurance Commissioner for appropriate administrative action against the Arkansas certificate of authority of the delinquent insurer.
5. Premium tax payments shall be made by check payable to the commission.

History. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 3; 1993, No. 652, § 14; 2001, No. 1757, § 5; 2005, No. 505, § 1; 2016 (3rd Ex. Sess.), No. 4, § 1; 2016 (3rd Ex. Sess.), No. 5, § 1.

A.C.R.C. Notes. Acts 2001, No. 1757, § 9, provided in part:

“Nothing in the act, which originated as House Bill 2646 of 2001, nor in Act 1552 of 1999 shall impliedly repeal any part of Act 796 of 1993. Act 796 of 1993 is expressly reaffirmed by this act, which originated as House Bill 2646 of 2001.”

Acts 2001, No. 1757, § 12, provided:

“All laws and parts of laws expressly in conflict with this act are repealed. No part of Act 796 of 1993 shall be impliedly repealed by this act or Act 1552 of 1999.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 4 and 5 added (a)(2).