§ 23-102-108 - Powers.
               	 		
23-102-108.    Powers.
    (a)  The  Board of the Arkansas Earthquake Authority shall have the general  powers and authority granted under the laws of the State of Arkansas and  in addition thereto, the specific authority to:
      (1)  Enter into contracts as are necessary or proper to carry out the provisions and purposes of this chapter;
      (2)  Assess insurers pursuant to    23-102-112 regarding funding of the Arkansas Earthquake Authority;
      (3)  Set  an appropriate policyholder surcharge for insurers entering the  residential homeowner, farmowner, fire and allied lines, and earthquake  markets after an event. This surcharge shall be remitted to the Arkansas  Earthquake Authority based on these insurers' not having paid the  post-event assessments contained in    23-102-112. The board shall  determine the period of time during which this surcharge shall be  applicable;
      (4)  Sue or be sued, including taking any legal actions necessary or proper;
      (5)  Take such legal action as necessary, including, but not limited to:
            (A)  Avoiding  the payment of improper claims against the Arkansas Earthquake  Authority or the coverage provided by or through the Arkansas Earthquake  Authority;
            (B)  Recovering any amounts erroneously or improperly paid by the Arkansas Earthquake Authority;
            (C)  Recovering any amounts paid by the Arkansas Earthquake Authority as a result of mistake of fact or law;
            (D)  Recovering other amounts due the Arkansas Earthquake Authority; or
            (E)  Coordinating legal action with the Insurance Commissioner to enforce the provisions of this chapter;
      (6)  Establish  and modify from time to time as appropriate the rates, rate schedules,  expense allowances, agent fees, deductibles, and any other actuarial  function appropriate to the operation of the Arkansas Earthquake  Authority;
      (7)  Issue policies of  residential earthquake insurance or reinsurance in accordance with the  requirements of this chapter. All policy forms shall be subject to the  approval of the commissioner;
      (8)  Authorize  the Executive Director of the Arkansas Earthquake Authority or the Plan  Administrator of the Arkansas Earthquake Authority to prepare and  distribute instruction and application forms to agents and to the  general public;
      (9)    (A)  Borrow  money and issue or contract with another state authority, including the  Arkansas Development Finance Authority, to be issued on its behalf  negotiable evidences of debt, including bonds payable from and secured  by a pledge of the Arkansas Earthquake Authority of all or any part of  the revenues of the Arkansas Earthquake Authority to finance the  activities authorized by this chapter and sell those bonds at public or  private sale in the form and on those terms and conditions as approved  by the board.
            (B)  Proceeds of  bonds and the revenues pledged to secure or pay bonds shall be cash  funds and shall not be deposited in the State Treasury.
            (C)    (i)  Bonds  shall be special obligations of the Arkansas Earthquake Authority,  secured solely by and payable from the revenues of the Arkansas  Earthquake Authority. The funds, credit, property, or taxing power of  the state or political subdivisions of the state shall not be pledged  for the payment of such bonds.
                  (ii)  In  the discretion of the board and subject to approval by the  commissioner, the Arkansas Development Finance Authority shall be  authorized and empowered to issue negotiable evidences of debt on behalf  of the Arkansas Earthquake Authority for the purposes of providing  financing as set forth in subdivision (a)(9) of this section and for all  other purposes consistent with and in furtherance of this chapter.
            (D)  The  term of the bonds may not exceed thirty (30) years. In addition, bonds  may be issued for the purpose of refunding any bonds issued under this  chapter.
            (E)  Bonds issued by the Arkansas Earthquake Authority are:
                  (i)  Legal  investments for all trust funds, the funds of all insurance companies,  banks, trust companies, executors, administrators, trustees, and other  fiduciaries; and
                  (ii)  Securities  that may legally be deposited with and received by any state or  municipal officer or agency or political subdivision of the state for  any purpose for which the deposit of bonds or obligations of the state  is now or may hereafter be authorized by law, including deposits to  secure public funds.
            (F)  The  state pledges to and agrees with the holders of bonds that the state  will not limit, alter, or restrict the rights vested in the Arkansas  Earthquake Authority to fulfill each pledge of revenues and any other  terms of any agreement made with or for the benefit of the holders of  bonds or in any way impair the rights or remedies of the holders of the  bonds.
            (G)  Bonds issued by the  Arkansas Earthquake Authority and the interest thereon shall at all  times be exempt from all state, county, and municipal taxes. This  exemption shall include income, inheritance, and estate taxes;
      (10)  Pledge,  assign, and grant a security interest in any of the assessments  authorized by this chapter or other assets of the Arkansas Earthquake  Authority in order to secure any notes, bonds, or other evidences of  indebtedness of the Arkansas Earthquake Authority;
      (11)  Enter  into one (1) or more credit facilities, including, but not limited to,  lines of credit, permitting the Arkansas Earthquake Authority to draw  amounts as approved by the board, with payment, interest rate,  indemnity, compensation, security, default, remedy, and other terms and  conditions as approved by the board. All drawings under these credit  facilities shall be available to finance the activities authorized by  this chapter; and
      (12)  Purchase  reinsurance, hedge, securitize, or otherwise mitigate the risks insured  or reinsured by the Arkansas Earthquake Authority by entering into such  commitments and undertakings and exercising such powers as may be  appropriate to accomplish the financings contemplated in this section  and thereby carry out the purposes of this chapter.
(b)  In  addition to the other powers granted by the Arkansas Insurance Code,  the commissioner, after notice and hearing in accordance with the  provisions of the Arkansas Insurance Code, may impose a monetary penalty  upon any insurer or suspend or revoke the certificate of authority to  transact insurance in the State of Arkansas of any insurer who fails to  pay an assessment or otherwise file any report or furnish information  required to be filed with the board pursuant to the board's direction  that the board believes to be necessary in order for the board to  perform its duties under this chapter.