Ark. Code Ann. § 23-100-101 Title.
This chapter shall be known as the “State Insurance Department Criminal Investigation Division Trust Fund Act”.
State Insurance Department Criminal Investigation Division Trust Fund Act
Ark. Code Ann. tit. 23, ch. 100
in effectArk. Code Ann. § 23-100-102 Insurers' payment extensions — Penalties for non-compliance — Insurance Commissioner's waiver for impaired or insolvent insurers.
(a)(1) The Insurance Commissioner may grant any licensed insurer an extension for payment of the antifraud assessment for good cause shown, upon written application of the licensed insurer received at the State Insurance Department on or before each annual due date.
(2) Absent the commissioner's approval of such an extension for good cause, licensed insurers failing timely to pay the antifraud assessment shall be subject to a penalty of one hundred dollars ($100) per day for each day of delinquency, payable to the State Insurance Department Criminal Investigation Division Trust Fund.
(3)(A) The commissioner may pursue any appropriate legal remedies to collect the antifraud assessments and penalties due and unpaid from any insurer.
(B) Further, the commissioner in his or her discretion may order suspension of the delinquent insurer's Arkansas certificate of authority after notice and hearing until the payment of all such antifraud assessments and penalties is remitted to the fund.
(C) Absent grant of the commissioner's waiver for good cause shown, the commissioner may revoke the Arkansas certificate of authority of any delinquent insurer consistently refusing and failing without good cause to remit payment of these antifraud assessments and penalties to the fund pursuant to this section.
(b)(1) The commissioner in his or her discretion may waive all or any part of the antifraud assessment due annually from a licensed insurer upon the:
(A) Suspension or revocation of the insurer's Arkansas certificate of authority;
(B) Issuance of a court order placing the company into conservation, rehabilitation, or liquidation in any state; or
(C) Commissioner's finding that the insurer is impaired or insolvent.
(2) Upon the reinstatement or activation of the insurer's certificate of authority in good standing, the commissioner's waiver automatically terminates, and the insurer shall be liable for payment of the assessment on the next succeeding March 1 without retroactive reimbursement for the amount of the antifraud assessments which would normally have accrued during the waiver period.
Ark. Code Ann. § 23-100-103 State Insurance Department Criminal Investigation Division Trust Fund — Creation.
(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “State Insurance Department Criminal Investigation Division Trust Fund” to be used to defray the expenses of the Criminal Investigation Division in the discharge of its administrative and regulatory powers and duties as prescribed by law.
(b) No money is to be appropriated from this fund for any purpose except for the personal services and operating expenses, maintenance and operations, and support of and improvements to the division, and at the direction of the Insurance Commissioner, for the use, benefit, and support of the division.
(c) The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State.
(d) All income derived through:
(1) Investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund; and
(2) Grants, refunds, gifts, or any other sources to the fund shall be credited as income to the fund and deposited therein.
(e) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as may be provided by law.
Ark. Code Ann. § 23-100-104 Antifraud assessment.
(a)(1)(A) Each licensed insurer shall pay into the State Insurance Department Criminal Investigation Division Trust Fund a nonrefundable antifraud assessment as directed by the Insurance Commissioner for the reasonable and necessary expenses and operation of the Criminal Investigation Division.
(B) As used in this section, “licensed insurer” includes a:
(i) Licensed stock and mutual insurance company;
(ii) Reinsurer;
(iii) Health maintenance organization;
(iv) Fraternal benefit society;
(v) Hospital and medical service corporation;
(vi) Stipulated premium insurer;
(vii) Farmers' mutual aid association; and
(viii) Prepaid legal insurer.
(2) This section does not apply to an approved but nonadmitted surplus lines insurer or to a registered risk retention group.
(b)(1) The antifraud assessment required by this section shall be paid annually on or before June 1 at the time and in the manner that the commissioner prescribes or at times alternate from June 1 annually that the commissioner prescribes.
(2)(A) By rule, the commissioner may set the amount of the antifraud assessment.
(B) The antifraud assessment shall not exceed one thousand dollars ($1,000) per fiscal year.
(3) The antifraud assessment is in addition to the premium taxes and fees required under existing law.
(c) This section shall apply notwithstanding the provisions of § 26-57-601 et seq., the State Insurance Department Trust Fund Act, § 23-61-701 et seq., and other provisions of Arkansas law.
Ark. Code Ann. § 23-100-105 Insurers' antifraud fees — Deposit into State Insurance Department Criminal Investigation Division Trust Fund.
The Insurance Commissioner shall deposit all antifraud assessments and any penalties assessed under this chapter, as well as any other income received for purposes set out in § 23-100-103(a) , into the State Insurance Department Criminal Investigation Division Trust Fund as special revenues.
Ark. Code Ann. § 23-100-106 Rules.
The Insurance Commissioner may promulgate reasonable rules deemed necessary for the administration of this chapter.
Ark. Code Ann. § 23-100-107 State Insurance Department Criminal Investigation Division Trust Fund — Department vouchers and Auditor of State warrants.
(a) All antifraud assessments, penalties, and revenues provided in this chapter received as special revenues for the State Insurance Department Criminal Investigation Division Trust Fund and deposited therein shall be deemed for all purposes special revenues of the fund and of the State Insurance Department for the sole support, operation, and maintenance of the Criminal Investigation Division and when paid into the State Treasury by the Insurance Commissioner, shall be maintained by the State Treasury as the State Insurance Department Criminal Investigation Division Trust Fund, separate from all other funds, and available only for the payment of the expenses of the division pursuant to the appropriations therefor.
(b) Upon proper voucher from the commissioner, the Auditor of State shall issue his or her warrant on the Treasurer of State in payment of all salaries and other expenses incurred in the administration of this chapter.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.23.htmlFetched: 11/8/2026