ArkansasSB4812025 Regular SessionSenate

TO CREATE A MORE SUSTAINABLE SYSTEM OF PROPERTY INSURANCE FOR PUBLIC SCHOOLS, STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND STATE-OWNED PROPERTY; AND TO DECLARE AN EMERGENCY.

Sponsored By: Ben Gilmore (Republican), Jeff Wardlaw (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 2 benefits, 5 costs, 4 mixed.

School and agency premiums track reserves

The program's optimal reserve target is $50 million–$75 million beginning December 1, 2025. Beginning December 1, 2026, annual reserve requirements follow actuarial estimates of insured risks. If lawmakers do not provide needed funds by March 1 after review, next-year premiums must rise, benefits fall, or both. Premiums may fall when projected reserves exceed $75 million, with Legislative Council or Joint Budget Committee approval. Premiums reflect insured risks and are due under each entity's contract; unpaid premiums accrue 5% annual interest. After 30 days of nonpayment, coverage may be cancelled with 30 days' notice.

Public money supports the state insurer

The law creates a trust fund for money from the state insurer and other legally approved sources. Its money can pay only program claims, expenses, and supporting staff costs. The fund is exempt from deductions, taxes, levies, and other assessments. Arkansas and local governments can also use public money to buy shares in the insurer. The law requires no share purchase and sets no investment amount.

State insurer gets insurance tax exemptions

The state-owned insurer is exempt from the specified premium tax and surplus lines broker tax provisions. These exemptions apply to the insurer, not household tax returns. The law states no tax savings amount and does not require savings to lower schools' or agencies' premiums.

Schools face insurance and upkeep requirements

Districts must insure their buildings and business property through the State Captive to receive Partnership or Catastrophic facilities funding. Districts without that coverage cannot receive this state aid. The Department of Transformation and Shared Services now helps approve facility plans and receives insurance proof and reports. It must set rules for repairs, preventive upkeep, major system replacement schedules, and insurance amounts and types. District plans must include required records and schedules, including depreciation schedules for roofs and heating and cooling systems.

Schools lose prior insurance safeguards

The law removes the three-appraiser process for school property-loss disputes and related department duties and real estate broker contracting authority. Loss payments remain payable from the Public School Insurance Trust Fund as the applicable contract provides. It removes the department's duty to ensure bond-related coverage and the program's requirement to include existing bond-contract terms. The school facilities commission now consults the Department of Transformation and Shared Services rather than the Insurance Commissioner. Its insurance rules no longer must require a minimum A.M. Best financial-strength rating.

Public entities face coverage and claim limits

After Legislative Council or Joint Budget Committee review, the secretary may cancel or not renew coverage for uninsurable property. The secretary may also refuse coverage for property that fails program guidelines after that review. Insured entities must provide requested information about these coverage decisions. They cannot use public insurance adjusters or public adjusting services. Claims under the State Captive must be filed within one year after the loss.

State agency insurance trust rules change

The Multi-Agency Insurance Trust Fund's premium-spending authority is narrowed to motor vehicle insurance and reinsurance. Agencies participating in the State Master Property Policy on June 30, 2003 leave the required participant list. Agencies participating in the trust's Cyber Liability Insurance Program on June 30, 2025 join that list. These rules govern state agencies and do not require household payments.

School insurance fund provisions are narrowed

The law removes transfers from the former school property insurance fund from the Public School Insurance Trust Fund's listed sources. Transfers from the former school vehicle insurance reserve fund remain listed. It also removes the statutory cancellation of an initial $1.5 million loan between those former funds. The law gives no repayment terms and does not establish whether repayment is due. It creates no household loan obligation.

Public property insurance moves between programs

Transfers to the Department of Transformation and Shared Services begin July 1, 2025; property programs must transfer by December 1, 2025. Related authority and resources must fully transfer by December 1, 2026. Existing officials continue until completion or November 30, 2025, whichever comes first; extensions by rule cover only claims adjustment and payment. The secretary sets filing dates for older unreported claims, which remain payable under applicable prior plans. The Arkansas School Boards Association remains responsible for earlier unreported claims under its plan; the captive excludes those legacy claims. Claims arising on or after the secretary's rule-set date must go to the captive.

State insurer covers schools and agencies

The law creates a State Captive Insurance Program, using a state-owned insurer for public property. The Treasurer may form the insurer with State Board of Finance approval. Schools and agencies owning state-supported property and receiving state facility appropriations must participate. Covered schools include districts, education cooperatives, public charter schools, and state-supported colleges. A new Office of Property Risk runs the program, and state entities must coordinate coverage requirements.

Schools get optional cyber insurance with limits

The State Insurance Department's multischool program now covers cybersecurity risks instead of property risks. Districts, education cooperatives, and public charter schools must choose to join to obtain coverage. The department sets premiums, buys insurance, and adopts program rules. It may deny coverage when property fails its coverage guidelines. Affected districts must provide requested information about denial, nonrenewal, or cancellation.

Sponsors & Cosponsors

Sponsors

  • Ben Gilmore

    Republican • Senate

  • Jeff Wardlaw

    Republican • House

Cosponsors

  • Brandon Achor

    Republican • House

  • Breanne Davis

    Republican • Senate

  • Blake Johnson

    Republican • Senate

  • Howard M. Beaty, Jr.

    Republican • House

  • Mary Bentley

    Republican • House

  • Frances Cavenaugh

    Republican • House

  • Bruce Cozart

    Republican • House

  • Cindy Crawford

    Republican • House

  • David Whitaker

    Democratic • House

  • Carol Dalby

    Republican • House

  • Les D. Eaves

    Republican • House

  • Jon S. Eubanks

    Republican • House

  • Brian S. Evans

    Republican • House

  • Fred Allen

    Democratic • House

  • Zack Gramlich

    Republican • House

  • RJ Hawk

    Republican • House

  • Bart Hester

    Republican • Senate

  • Ricky Hill

    Republican • Senate

  • Mike Holcomb

    Republican • House

  • Missy Irvin

    Republican • Senate

  • Justin Boyd

    Republican • Senate

  • Joshua Bryant

    Republican • Senate

  • Jonathan Dismang

    Republican • Senate

  • Jeremiah Moore

    Republican • House

  • Jim Petty

    Republican • Senate

  • Jay Richardson

    Democratic • House

  • Lane Jean

    Republican • House

  • Joey L. Carr

    Republican • House

  • Matt Brown

    Republican • House

  • Matthew J. Shepherd

    Republican • House

  • John Maddox

    Republican • House

  • Ron McNair

    Republican • House

  • Jon Milligan

    Republican • House

  • Stetson Painter

    Republican • House

  • Shad Pearce

    Republican • House

  • Chad Puryear

    Republican • House

  • Terry Rice

    Republican • Senate

  • Marcus E. Richmond

    Republican • House

  • Trey Steimel

    Republican • House

  • Matt Stone

    Republican • Senate

  • DeAnn Vaught

    Republican • House

  • Steven Walker

    Republican • House

  • Les Warren

    Republican • House

  • Carlton Wing

    Republican • House

  • Jeremy Wooldridge

    Republican • House

  • Jim Wooten

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 118 • No: 3

House vote • 4/14/2025

House Vote - Monday, April 14, 2025 4:47:34 PM

Yes: 90 • No: 3 • Other: 5

Senate vote • 4/2/2025

Senate Vote - Wednesday, April 2, 2025 3:01:49 PM

Yes: 28 • No: 0 • Other: 5

Actions Timeline

  1. Notification that SB481 is now Act 779

    4/18/2025Senate
  2. DELIVERED TO GOVERNOR.

    4/15/2025Senate
  3. Reported correctly enrolled and ordered delivered to the Governor.

    4/15/2025Senate
  4. ORDERED ENROLLED

    4/14/2025Senate
  5. Returned from the House as passed.

    4/14/2025Senate
  6. Returned to the Senate as passed.

    4/14/2025House
  7. EMERGENCY CLAUSE ADOPTED

    4/14/2025House
  8. Read the third time and passed and ordered transmitted to the Senate.

    4/14/2025House
  9. Returned by the Committee Do Pass

    4/9/2025House
  10. Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

    4/2/2025House
  11. RECEIVED FROM THE SENATE

    4/2/2025House
  12. Ordered immediately transmitted to the House.

    4/2/2025Senate
  13. EMERGENCY CLAUSE ADOPTED

    4/2/2025Senate
  14. Read the third time and passed.

    4/2/2025Senate
  15. Returned by the Committee, with the recommendation that it Do Pass

    4/1/2025Senate
  16. Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

    3/17/2025Senate
  17. Filed

    3/17/2025Senate

Bill Text

  • SB481 - Introduced

    3/17/2025

  • Act Version

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