ARK LEG Collection of Broker Fees

Published on: Feb 12, 2025

On Feb. 6, ARK LEG passed bill regarding the collection of broker fees.

  • ARK LEG approved Bill SB 76 to amend Arkansas code ARK INS 23-66-310(c) re excess fees charged for insurance by a licensed property or casualty agent or broker.
  • Provisions
  • Added surplus lines broker to provision stating that nothing prohibits agent/broker from charging a fee to insured and premium for a policy per insurer's rate, rule filings.
  • If a licensed property or casualty agent or broker refers a risk to a surplus lines broker licensed under ARK INS 23-65-308, then subdivision (c)(1)(B)(i) of bill does not apply.
  • Fee will be reasonable in re cost of underwriting, issuing, processing policy or contract.
  • Legislative History
  • On Jan. 16, 2025, bill introduced in Senate; on Jan. 27, 2025, bill passed in Senate.
  • On Jan. 27, 2025, bill introduced in House; on Feb. 3, 2025, bill was passed in House.
  • On Feb. 3, 2025, bill returned to Senate; on Feb. 3, 2025, bill delivered to governor.
  • On Feb. 6, 2025, bill SB 76 was approved by the governor and then became Act 23.
  • Effectiveness
  • Act effective 91 days after legislature adjourned sine die (May 5), so Aug. 4, 2025.
Regulators
ARK LEG
Entity Types
IB; Ins
Reference
Act 23, PR, Bill SB76, 2/6/2025; Citation: *ARK INS* 23-65-308, 23-66-310;
Functions
Compliance; Legal; Product Administration; Registration/Licensing
Countries
United States of America
Category
State
N/A
Products
Insurance; Insurance-Casualty; Insurance-Property; Surplus Lines
Rule Type
Final
Regions
Am
Rule Date
Feb 10, 2025
Effective Date
Aug 4, 2025
Rule ID
242920
Linked to
N/A
Reg. Last Update
Feb 10, 2025
Report Section
US Insurance