Ark. Code Ann. § 23-61-711 (2026)
Fees additional to all others currently payable — Exception
The fees assessed or imposed by this subchapter upon insurers, as defined or referenced in § 23-61-703, and the fees assessed or imposed in § 17-19-301 and §§ 23-61-706 — 23-61-709 upon professional bail bond companies, insurers, insurance agents, brokers, and other licensees or registrants are imposed in addition to all other fees, assessments, premium and privilege taxes, penalties, and other such payments such licensees or registrants pay the State of Arkansas through the State Insurance Department or other state or governmental agencies pursuant to applicable Arkansas laws, except that insurers' payments of these administrative and financial regulation fees in § 23-61-703 are expressly and in pertinent part to be paid in lieu of payment of department examiners' salaries, wages, and compensation due at or after each examination conducted on the insurer by the department's examiners pursuant to the provisions of § 23-61-201 et seq., and, in particular, § 23-61-206. Therefore, insurers shall still be liable for payment of and shall pay department examiners' expenses for food, lodging, and travel as directed under § 23-61-201 et seq.
History. Acts 1993, No. 652, § 12.
Publisher's Notes. The reference to the code section in Title 17 has been updated to reflect the 1995 realphabetization of the chapters in that title.
A.C.R.C. Notes. As originally enacted by Acts 1993, No. 652, this section contained a second sentence which read:
“In this regard the provisions of Section 3 of this Act are in fact deemed to supersede the provisions of § 23-61-206 in pertinent part but only as to examiners' salaries, wages and compensation (excluding expense reimbursement due and liable for food, lodging and travel expenses).”
Subchapter 8 — Arkansas Health Insurance Marketplace Act
A.C.R.C. Notes. Acts 2013, No. 1500, § 3, as amended by identical Acts 2017 (1st Ex. Sess.), Nos. 4 and 5, § 3, provided: “The health insurance marketplace developed through a Federally-facilitated Exchange Partnership model shall be under the control of the Arkansas Health Insurance Marketplace.”
Acts 2013, No. 1500, § 4, provided: “Legislative intent. It is the intent of the General Assembly by the enactment of this act to establish a private, nonprofit, health insurance marketplace.”
Acts 2015, No. 398, §§ 1, 2, provided:
“SECTION 1. Findings and intent.
“(a) On March 4, 2015, the United States Supreme Court shall hear oral arguments in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _ U.S. _, 135 S. Ct. 475 (2014), that could potentially change the landscape for implementation of a state-based health insurance exchange and a health insurance exchange operated by the federal government for states without a state-based health insurance exchange under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152.
“(b) The health insurance marketplace developed through a federally facilitated exchange partnership model is expected to transfer to the control of the Arkansas Health Insurance Marketplace on July 1, 2015, if the Board of Directors of the Arkansas Health Insurance Marketplace determines that the implementation of a state-based health insurance marketplace is approved by the United States Department of Health and Human Services on or before July 1, 2015.
“(c) The purpose of this act is to prohibit the implementation through 8 state law of a state-based health insurance exchange in this state under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, before the United States Supreme Court issues a ruling in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _ U.S. _, 135 S. Ct. 475 (2014).
“(d)(1) It is the intent of this act that until a ruling is issued in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _ U.S. _, 135 S. Ct. 475 (2014), that is expected before July 1, 2015, this state should not implement through state law a state-based health insurance exchange in this state.
“(2) If a ruling in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _ U.S. _, 135 S. Ct. 475 (2014), modifies the eligibility requirements for subsidies in a health insurance exchange operated by the federal government under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, a state-based health insurance exchange should not be implemented in this state without the legal authority to establish and operate an exchange under state law and the approval of the General Assembly.
“SECTION 2. Implementation of state-based health insurance exchange.
“(a) A state-based health insurance exchange shall not be implemented in this state until after the decision of the United States Supreme Court in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _ U.S. _, 135 S. Ct. 475 (2014).
“(b) If the Board of Directors of the Arkansas Health Insurance Marketplace determines that the decision in King v. Burwell, 759 F.3d 358 35 (4th Cir.), cert. granted, _ U.S. _, 135 S. Ct. 475 (2014):
“(1) Allows subsidies under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, for a state-based health insurance exchange, but not for a health insurance exchange operated by the federal government, then implementation of an appropriate health insurance exchange for the State of Arkansas shall be determined by a future act of the General Assembly; or
“(2) Allows subsidies under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, for both a state-based health insurance exchange and a health insurance exchange operated by the federal government, then the authority of the Arkansas Health Insurance Marketplace to implement a state-based health insurance exchange shall not be affected by this act.”
Acts 2015, No. 871, § 31, provides: “FUNDING RESTRICTIONS.
The State Insurance Department shall not allocate, budget, expend or commit for expenditure any appropriation authorized by the General Assembly for final implementation of a state-based health insurance exchange by the Arkansas Health Insurance Marketplace Board as established in Arkansas Code § 23-61-803 et seq. until after the decision of the United States Supreme Court in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _U.S. _, 135 S. Ct. 475(2014).
“The provisions of this Section shall be in effect from the date of the passage and approval of this Act through June 30, 2016.”
Acts 2016, No. 254, § 27, provided: “HEALTHCARE INDEPENDENCE PROGRAM AND ARKANSAS HEALTH INSURANCE MARKETPLACE RESTRICTIONS.
“(a) As used in this section, ‘Health Care Independence Program’ means the Health Care Independence Program established under the Health Care Independence Act of 2014, Arkansas Code § 20-77-2401 et seq.
“(b)(1) Determining the maximum number of employees, the maximum amount of appropriation, for what purposes an appropriation is authorized, and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly.
“(2) The purposes of subdivision (b)(1) of this section are typically accomplished by:
“(A) Identifying the purpose in the appropriation act;
“(B) Delineating such maximums in the appropriation act for a state agency; and
“(C) Delineating the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, Arkansas Code § 19-5-101 et seq.
“(3) It is both necessary and appropriate that the General Assembly restrict the use of appropriations authorized in this act.
“(c)(1) Except as provided in this subsection, the State Insurance Department shall not allocate, budget, expend, or utilize any appropriation authorized by the General Assembly for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or the Health Care Independence Program, including without limitation:
“(A) Unsolicited communications mailed to potential recipients;
“(B) Television, radio, or online commercials;
“(C) Billboard or mobile billboard advertising;
“(D) Advertisements printed in newspapers, magazines, or other print media; and
“(E) Internet websites and electronic media.
“(2) This subsection does not prohibit the department from:
“(A) Direct communications with:
“(i) Licensed insurance agents; and
“(ii) Persons licensed by the department;
“(B) Solicited communications with potential recipients;
“(C)(i) Responding to an inquiry regarding the coverage for which a potential recipient might be eligible, including without limitation providing educational materials or information regarding any coverage for which the individual might qualify.
“(ii) Educational materials and information distributed under subdivision (c)(2)(C)(i) of this section shall contain only factual information and shall not contain subjective statements regarding the coverage for which the potential recipient might be eligible; and
“(D) Using an Internet website for the exclusive purpose of enrolling individuals in the Arkansas Health Insurance Marketplace or the Health Care Independence Program.
“(d) The State Insurance Department shall not apply for or accept any funds, including without limitation federal funds, for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or the Health Care Independence Program.
“(e)(1) Except as provided in subdivision (e)(2) of this section, the State Insurance Department shall not:
“(A)(i) Except as provided in subdivision (e)(1)(A)(ii) of this section, allocate, budget, expend, or utilize an appropriation authorized by the General Assembly for the purpose of funding activities of navigators, guides, certified application counselors, and certified licensed producers under the Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act, Arkansas Code § 23-64-601 et seq.
“(ii) Subdivision (e)(1)(A)(i) of this section does not apply to regulatory and training responsibilities related to navigators, guides, certified application counselors, and certified licensed producers; and
“(B) Apply for or accept any funds, including without limitation federal funds, for the purpose of funding activities of navigators, guides, certified application counselors, and certified licensed producers under the Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act, Arkansas Code § 23-64-601 et seq.
“(2) Subdivision (e)(1) of this section does not apply to certified application counselors at health related institutions, including without limitation the University of Arkansas for Medical Sciences.
“(f) An appropriation authorized by the General Assembly shall not be subject to the provisions allowed through reallocation of resources or transfer of appropriation authority for the purpose of transferring an appropriation to any other appropriation authorized for the State Insurance Department to be allocated, budgeted, expended, or utilized in a manner prohibited by this section.
“(g) The provisions of this section are severable, and the invalidity of any subsection or subdivision of this section shall not affect other provisions of the section that can be given effect without the invalid provision.
“(h) This section expires on June 30, 2017.”
Acts 2016, No. 254, § 28, provided: “FUNDING RESTRICTIONS. The State Insurance Department shall not allocate, budget, expend or commit for expenditure any appropriation authorized by the General Assembly for final implementation of a state-based health insurance exchange by the Arkansas Health Insurance Marketplace Board as established in Arkansas Code § 23-61-803 et seq. until after the decision of the United States Supreme Court in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _U.S. _, 135 S. Ct. 475(2014).
“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”
Identical Acts 2017 (1st Ex. Sess.), Nos. 4 and 5, § 2, provided: “Study regarding future direction for Arkansas Health Insurance Marketplace.
“(a) The Legislative Council shall:
“(1) Review the operations, programs, and finances of the Arkansas Health Insurance Marketplace;
“(2) Study approaches by other states regarding health insurance marketplace structure, design, and operations;
“(3) Provide recommendations concerning the Arkansas Health Insurance Marketplace for the continued availability of health insurance to Arkansans; and
“(4) Explore and recommend options for the future efficiency and sustainability of the Arkansas Health Insurance Marketplace.
“(b)(1)(A) The Legislative Council shall report on the findings of the items listed in subsection (a) of this section to the General Assembly.
“(B) A copy of the report shall be sent to the Governor.
“(2) The report shall include without limitation recommendations for legislation.
“(c) The Legislative Council may utilize a subcommittee created under § 23-61-803(q)(5)(A) to conduct the study of the items in subsection (a) of this section.”
Acts 2017, No. 833, § 25, provided: “FUNDING RESTRICTIONS. The State Insurance Department shall not allocate, budget, expend or commit for expenditure any appropriation authorized by the General Assembly for final implementation of a state-based health insurance exchange by the Arkansas Health Insurance Marketplace Board as established in Arkansas Code § 23-61-803 et seq. until after the decision of the United States Supreme Court in King v. Burwell, 759 F.3d 358 (4th Cir.), cert. granted, _U.S. _, 135 S. Ct. 475(2014).
“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”
Acts 2017, No. 854, § 22, provided: “ARKANSAS WORKS AND ARKANSAS HEALTH INSURANCE MARKETPLACE RESTRICTIONS.
“(a) As used in this section, ‘Arkansas Works’ means the Arkansas Works established under the Arkansas Works Act of 2016, Arkansas Code § 23-61-1001 et seq.
“(b)(1) Determining the maximum number of employees, the maximum amount of appropriation, for what purposes an appropriation is authorized, and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly.
“(2) The purposes of subdivision (b)(1) of this section are typically accomplished by:
“(A) Identifying the purpose in the appropriation act;
“(B) Delineating such maximums in the appropriation act for a state agency; and
“(C) Delineating the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, Arkansas Code § 19-5-101 et seq.
“(3) It is both necessary and appropriate that the General Assembly restrict the use of appropriations authorized in this act.
“(c)(1) Except as provided in this subsection, the Department of Health shall not allocate, budget, expend, or utilize any appropriation authorized by the General Assembly for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or Arkansas Works, including without limitation:
“(A) Unsolicited communications mailed to potential recipients;
“(B) Television, radio, or online commercials;
“(C) Billboard or mobile billboard advertising;
“(D) Advertisements printed in newspapers, magazines, or other print media; and
“(E) Internet websites and electronic media.
“(2) This subsection does not prohibit the department from:
“(A) Direct communications with:
“(i) Licensed insurance agents; and
“(ii) Persons licensed by the department;
“(B) Solicited communications with potential recipients;
“(C)(i) Responding to an inquiry regarding the coverage for which a potential recipient might be eligible, including without limitation providing educational materials or information regarding any coverage for which the individual might qualify.
“(ii) Educational materials and information distributed under subdivision (c)(2)(C)(i) of this section shall contain only factual information and shall not contain subjective statements regarding the coverage for which the potential recipient might be eligible; and
“(D) Using an Internet website for the exclusive purpose of enrolling individuals in the Arkansas Health Insurance Marketplace or Arkansas Works.
“(d) The Department of Health shall not apply for or accept any funds, including without limitation federal funds, for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or Arkansas Works.
“(e)(1) Except as provided in subdivision (e)(2) of this section, the Department of Health shall not:
“(A)(i) Except as provided in subdivision (e)(1)(A)(ii) of this section, allocate, budget, expend, or utilize an appropriation authorized by the General Assembly for the purpose of funding activities of navigators, guides, certified application counselors, and certified licensed producers under the Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act, Arkansas Code § 23-64-601 et seq.
“(ii) Subdivision (e)(1)(A)(i) of this section does not apply to regulatory and training responsibilities related to navigators, guides, certified application counselors, and certified licensed producers; and
“(B) Apply for or accept any funds, including without limitation federal funds, for the purpose of funding activities of navigators, guides, certified application counselors, and certified licensed producers under the Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act, Arkansas Code § 23-64-601 et seq.
“(2) Subdivision (e)(1) of this section does not apply to certified application counselors at health related institutions, including without limitation the University of Arkansas for Medical Sciences.
“(f) An appropriation authorized by the General Assembly shall not be subject to the provisions allowed through reallocation of resources or transfer of appropriation authority for the purpose of transferring an appropriation to any other appropriation authorized for the Department of Health to be allocated, budgeted, expended, or utilized in a manner prohibited by this section.
“(g) The provisions of this section are severable, and the invalidity of any subsection or subdivision of this section shall not affect other provisions of the section that can be given effect without the invalid provision.
“(h) This section expires on June 30, 2018.”
Acts 2018, No. 234, § 22, provided: “ARKANSAS WORKS AND ARKANSAS HEALTH INSURANCE MARKETPLACE RESTRICTIONS.
“(a) As used in this section, ‘Arkansas Works’ means the Arkansas Works established under the Arkansas Works Act of 2016, Arkansas Code § 23-61-1001 et seq.
“(b)(1) Determining the maximum number of employees, the maximum amount of appropriation, for what purposes an appropriation is authorized, and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly.
“(2) The purposes of subdivision (b)(1) of this section are typically accomplished by:
“(A) Identifying the purpose in the appropriation act;
“(B) Delineating such maximums in the appropriation act for a state agency; and
“(C) Delineating the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, Arkansas Code § 19-5-101 et seq.
“(3) It is both necessary and appropriate that the General Assembly restrict the use of appropriations authorized in this act.
“(c)(1) Except as provided in this subsection, the Department of Health shall not allocate, budget, expend, or utilize any appropriation authorized by the General Assembly for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or Arkansas Works, including without limitation:
“(A) Unsolicited communications mailed to potential recipients;
“(B) Television, radio, or online commercials;
“(C) Billboard or mobile billboard advertising;
“(D) Advertisements printed in newspapers, magazines, or other print media; and
“(E) Internet websites and electronic media.
“(2) This subsection does not prohibit the department from:
“(A) Direct communications with:
“(i) Licensed insurance agents; and
“(ii) Persons licensed by the department;
“(B) Solicited communications with potential recipients;
“(C)(i) Responding to an inquiry regarding the coverage for which a potential recipient might be eligible, including without limitation providing educational materials or information regarding any coverage for which the individual might qualify.
“(ii) Educational materials and information distributed under subdivision (c)(2)(C)(i) of this section shall contain only factual information and shall not contain subjective statements regarding the coverage for which the potential recipient might be eligible; and
“(D) Using an Internet website for the exclusive purpose of enrolling individuals in the Arkansas Health Insurance Marketplace or Arkansas Works.
“(d) The Department of Health shall not apply for or accept any funds, including without limitation federal funds, for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or Arkansas Works.
“(e)(1) Except as provided in subdivision (e)(2) of this section, the Department of Health shall not:
“(A)(i) Except as provided in subdivision (e)(1)(A)(ii) of this section, allocate, budget, expend, or utilize an appropriation authorized by the General Assembly for the purpose of funding activities of navigators, guides, certified application counselors, and certified licensed producers under the Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act, Arkansas Code § 23-64-601 et seq.
“(ii) Subdivision (e)(1)(A)(i) of this section does not apply to regulatory and training responsibilities related to navigators, guides, certified application counselors, and certified licensed producers; and
“(B) Apply for or accept any funds, including without limitation federal funds, for the purpose of funding activities of navigators, guides, certified application counselors, and certified licensed producers under the Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act, Arkansas Code § 23-64-601 et seq.
“(2) Subdivision (e)(1) of this section does not apply to certified application counselors at health related institutions, including without limitation the University of Arkansas for Medical Sciences.
“(f) An appropriation authorized by the General Assembly shall not be subject to the provisions allowed through reallocation of resources or transfer of appropriation authority for the purpose of transferring an appropriation to any other appropriation authorized for the Department of Health to be allocated, budgeted, expended, or utilized in a manner prohibited by this section.
“(g) The provisions of this section are severable, and the invalidity of any subsection or subdivision of this section shall not affect other provisions of the section that can be given effect without the invalid provision.
“(h) This section expires on June 30, 2019.”
Acts 2019, No. 107, § 1, provided: “Abolition of Board of Directors of the Arkansas Health Insurance Marketplace — Transfer of Arkansas Health Insurance Marketplace to State Insurance Department.
“(a) The Board of Directors of the Arkansas Health Insurance Marketplace is abolished, and its powers, duties, functions, records, contracts, property, unexpended balances of appropriations, allocations, and other funds are transferred to the State Insurance Department.
“(b)(1) The Arkansas Health Insurance Marketplace and its statutory powers, duties, and functions, including the functions of budgeting or purchasing, records, contracts, property, and unexpended balances of appropriations, allocations, and other funds are transferred to the State Insurance Department.
“(2) The Arkansas Health Insurance Marketplace shall operate as a division within the State Insurance Department under the authority of the Insurance Commissioner.
“(3) All existing contracts with either the Arkansas Health Insurance Marketplace or the Board of Directors of the Arkansas Health Insurance Marketplace may be renegotiated by the State Insurance Department.”
Preambles. Identical Acts 2016 (2nd Ex. Sess.), Nos. 1 and 2, contained a preamble which read:
“WHEREAS, the State of Arkansas continues to seek strategies to provide health insurance for low-income and other vulnerable populations in a manner that will encourage employer-based insurance, incentivize program beneficiaries to work or seek work opportunities, promote personal responsibility, and enhance program integrity; and
“WHEREAS, the General Assembly affirms its responsibility to safeguard consumers and businesses from federal mandates by asserting local control and implementation of modernized health insurance policies and programs that utilize the private market to improve access to health insurance, enhance the quality of health insurance, and reduce health insurance costs; and
“WHEREAS, Arkansas recognizes the need to encourage employment among beneficiaries of public assistance programs, offer enhanced opportunities for beneficiaries to obtain jobs and job training, and endow beneficiaries with the tools to achieve economic advancement; and
“WHEREAS, the Health Care Independence Program will terminate on December 31, 2016; and
“WHEREAS, the General Assembly hereby creates the Arkansas Works Act of 2016 to provide health insurance to qualifying individuals, NOW THEREFORE, … .”
Effective Dates. Acts 2013, No. 1500, § 5: Apr. 23, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, allow each state to establish a health insurance marketplace or opt to participate in a health insurance marketplace operated by the United States Department of Health and Human Services; that the state has elected to create a state-based marketplace effective on July 1, 2015; and that this act should become effective at the earliest opportunity to begin the process of planning for the implementation of a state-based marketplace and transitioning to a state-based marketplace. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.
Acts 2014, No. 282, § 27: July 1, 2014, except §§ 20-23, effective Mar. 13, 2014. Emergency clause provided:
“(a) It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2014, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2014, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and Sections 1 through 19 and 24 through 26 of this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2014.
“(b) It is found and determined by the General Assembly of the State of Arkansas that a clarification of voting procedures is necessary to implement the intent of the General Assembly in establishing the Arkansas Health Insurance Marketplace Board of Directors; the maintenance of an appropriate balance to determine the proper course for the Arkansas Health Insurance Marketplace is immediately necessary; that the citizens of this state will be best served by the change in voting procedures of the board required by this act; that the reporting provisions of this act are essential for the assessment and administration of the outcomes-based system mandated by Arkansas Code § 20-47-705 and episodes of care; that in order to meet the deadlines established by this act, the affected providers and state agencies need as much time as possible to assemble and report the required information; and that Sections 20 through 23 of this act are immediately necessary for the administration of important programs and to provide information necessary to make reasoned and prudent decisions concerning the provision of health care for the citizens of this state. Therefore, an emergency is declared to exist, and Sections 20 through 23 of this act, being immediately necessary for the preservation of the public peace, health, and safety, shall become effective on: (1) The date of this act’s approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.
Acts 2015, No. 871, § 35: Apr. 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2015 is essential to the operation of the agency for which the appropriations in this Act are provided; with the exception that SECTIONS 28, 31 and 32 in this Act shall be in full force and effect from and after the date of its passage and approval and SECTIONS 29 and 30 shall be in full force and effect from and after January 1, 2015, and that in the event of an extension of the Legislative Session, the delay in the effective date of this Act beyond July 1, 2015, with the exception that SECTIONS 28, 31 and 32 in this Act shall be in full force and effect from and after the date of its passage and approval and SECTIONS 29 and 30 shall be in full force and effect from and after January 1, 2015, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2015; with the exceptions that SECTIONS 28, 31 and 32 in this Act shall be in full force and effect from and after the date of its passage and approval and SECTIONS 29 and 30 shall be in full force and effect from and after January 1, 2015”.
Identical Acts 2016 (2nd Ex. Sess.), Nos. 1 and 2, § 8: Jan. 1, 2017. Effective date clause provided: “Section 3 and Section 4 of this act are effective on and after January 1, 2017”.
Identical Acts 2017 (1st Ex. Sess.), Nos. 4 and 5, § 10: May 4, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act requires the transfer of oversight from the Arkansas Health Insurance Marketplace Legislative Oversight Committee to the Legislative Council and requires the Legislative Council to study various aspects of the Arkansas Health Insurance Marketplace; that the studies to be conducted by the Legislative Council are necessary to determine the future direction of the Arkansas Health Insurance Marketplace; and that this act is immediately necessary because the Legislative Council needs to be able to begin the oversight and study of the Arkansas Health Insurance Marketplace at the earliest possible date. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.
Acts 2019, No. 107, § 6: Mar. 15, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the citizens of Arkansas would receive more benefits from the State Insurance Department operating the Arkansas Health Insurance Marketplace; that transfer of the operation of the Arkansas Health Insurance Marketplace impacts the expenses and operations of state government; and that this act is necessary to allow for the transition and implementation of the transfer before the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on March 15, 2019”.
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.