Daily Legislative Update From State Representative Deann Vaught

The House is now in an extended recess. We will return in the fall to address redistricting.

House members returned to the chamber shortly after midnight to concur in an amendment to HB1957.

HB1957 states all acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. The amendment helped to clarify exceptions.

On Tuesday, the House passed the following:

SJR14- This is a proposed constitutional amendment titled the “Arkansas Religious Freedom Amendment”. It state government may burden a person's freedom of religion only if the government demonstrates that application of the burden to the person is in furtherance of a compelling government interest and is the least restrictive means of furthering that compelling government interest.

SB691-This bill states that any advertisement using the image of an elected official appearing in any newspaper, television, radio, or electronic medium which is paid by taxpayer funds shall clearly contain the words “Paid advertisement” or “paid ad” and the name of the state entity, county, or constitutional officer that paid for the ad.

SB336-This bill creates an exemption from the sales and use tax for coins, currency, and bullion.

SB484-This bill states that a nonresident individual who is paid a salary, lump sum payment, or any other form of payment that encompasses work performed both inside and outside of Arkansas shall pay Arkansas income tax only on the portion of the individual's income that reasonably can be allocated to work performed in Arkansas.

SB693-This bill would abolish the state and public school life and health insurance board and transfer the duties to the state board of finance.

We will continue to update you during the interim.

Daily Legislative Update From State Representative Deann Vaught

With a vote of 82-9, the House voted in favor of SJR10. This is a proposed constitutional amendment which, if approved by voters, would allow the General Assembly to call a special session upon the submission of a written proclamation with signatures from at least 2/3 of both the House and Senate membership. Currently, only the Governor can call for a special session.

The House also voted in favor of HR1048. This resolution would allow the House to consider a third proposed constitutional amendment, SJR14, the Arkansas Religious Freedom Amendment.

The House also passed the following bills on Thursday:

HB1926-This bill defines virtual currency under Arkansas Code. It also defines rights of ownership and the process for adverse claims against the currency.

HB1944-This bill provides definitions of advanced plastic recycling technologies in an effort to help facilitate the growth and investment of these facilities.

SB181-This bill amends the Sales Tax Holiday to exempt certain electronic devices from sales tax during the first weekend in August.

SB513-This bill amends the law concerning the suspension or revocation of a person’s driver’s license for failure to pay a fine or failure to appear. This would allow judges to restrict a license rather than suspend to allow the defendant to drive for essential purposes.

The House will convene on Monday at 1 pm.

Daily Legislative Report From State Rep Deann Vaught:

On Thursday, the House advanced a proposed constitutional amendment. HJR1005 would require statewide ballot initiatives to receive 60% of the vote before becoming law. If approved by the Senate, HJR1005 would be placed on the ballot in November of 2022.

The House also passed the following:

HB1391-This bill amends the law concerning consumer protection of seniors from predatory practices. It states that if a financial services provider has reasonable cause to suspect that financial exploitation may have occurred or is being attempted, the financial services provider may refuse or delay the execution of a financial transaction.

HB1012-This bill would require a buyer of a used catalytic converter other than a scrap metal recycler to file an electronic record of the used catalytic converter purchase.

SB298-This bill is titled the Arkansas Sovereignty Act of 2021. It states that all acts, laws, orders, rules, and regulations of the United States Government that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution are invalid in this state and shall not be recognized.

SB59-This bill states that a personal firearm, a firearms accessory, or ammunition that is manufactured commercially or privately in Arkansas and that remains within the borders of Arkansas is not subject to federal law or federal regulation.

SB536-This bill establishes the Buffalo River Conservation Committee.

The House will convene on Monday at 1 pm.

Daily Legislative Report From State Rep Deann Vaught:

On Tuesday, the House passed bills outlining several tax credits and exemptions.

HB1157 would double the income tax deduction for a teacher's qualified classroom expense from $250 to $500.

HB1513 creates an income tax credit for up to $3,500 for retired law enforcement officers who work cold cases for Arkansas State Police.

HB1196 would provide a sales and use tax exemption for water used by a poultry farm.

HB1054 allows for sales tax exemptions of isolated sales at special events.

The House also passed the following:

HB1879-This bill allows tuition waivers for dependents of disabled veterans, prisoners of war or a person declared missing in action or killed in action to be used at private and non-profit institutions of higher education. The amount of the waiver would be capped at the maximum amount of those at state-supported institutions.

HB1849-This bill states a vehicle shall not be driven upon the left lane of a multilane highway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement

(2) When all other lanes for traveling in the same direction are closed to traffic while under construction or repair

(3) When all other lanes for traveling in the same direction are in disrepair or are in an otherwise undrivable or unsafe condition

(4) When a vehicle is preparing to exit the multilane highway on the left

HB1767-This bill allows the operation of a personal delivery device in pedestrian areas and certain streets.

HB1547-This bill states that a state agency or a state or local official shall not mandate an individual to receive a vaccine for COVID-19. It also states that if a state-controlled facility desires to mandate an individual to receive a vaccine, then the agency can make the request to the Arkansas Legislative Council. If a variant of COVID-19 occurs and mutates to be a more virulent strain that impacts children within two years from the date that the United States Food and Drug Administration approved the vaccine, then the Department of Health can request a meeting with the Public Health, Welfare, and Labor Committee.

SB139-This bill allows a student applying for the Arkansas Governor’s Scholars Program or the Minority Teacher Scholarship Program to use his or her ACT super score.

The House will convene on Thursday at 1 pm.

Legislative Update From State Representative Deann Vaught

On Tuesday, the House passed the following:

HB1388-This bill states that in an adoption proceeding concerning a minor who is not in the custody of the Department of Human Services, a prospective adoptive parent may voluntarily enter into a written agreement with a birth parent concerning post-adoption exchange of information, communication, or other contact between the birth parent and the minor.

HB1728-This bill states the use of campaign funds to pay a candidate's childcare expenses shall not be considered a taking of campaign funds as personal income if the campaign funds are used to pay for childcare for time the candidate is engaging in campaign activity and the childcare expenses would not exist in the absence of the campaign.

SB160-This bill states that in the 2022-2023 school year, Holocaust education shall be taught in all public schools in a manner that generates an understanding of the causes, course, and effects of the Holocaust. The bill states the lesson must also develops dialogue with students on the ramifications of bullying, bigotry, stereotyping, and discrimination.

SB394-This bill states that a public school district or open-enrollment charter school shall conduct a comprehensive school safety audit every 3 years to assess the safety, security, accessibility, and emergency preparedness of district buildings and grounds in collaboration with local law enforcement, fire, and emergency management officials.

SB27-This bill requires the Arkansas Department of Health to ensure that the Suicide Prevention Hotline employs individuals who have experience working with veterans or are veterans.

SB524-This bill states that by August 1, 2022, each public school district and open-enrollment public charter school in the state shall prepare a three-year teacher and administrator recruitment and retention plan. The plan should include goals for recruitment and retention of teachers and administrators of minority races and ethnicities who increase diversity among the district staff and, at a minimum, reflect the racial and ethnic diversity of the district's students.

HB1743-This bill amends the Digital Product and Motion Picture Industry Development Act of 2009 to allow production companies a choice of applying for either a rebate or tax credit with the Arkansas Economic Development Commission.

SB474-This bill creates the offenses of fertility treatment abuse and fertility treatment fraud.

The House will convene on Wednesday at 1 pm.

Daily Legislative Update From State Representative Deann Vaught:

By a vote of 64-34 and 1 member voting present, the House passed SB410 on Tuesday. This bill establishes the framework for a new Medicaid expansion program called ARHOME which stands for Arkansas Health & Opportunity for Me. ARHOME would replace the current Arkansas Works program. It would continue to offer low-income families private insurance, with incentives for taking advantage of work opportunities, education, and skill development.

The House also passed the following:

HB1788-This bill would allow a municipal improvement district to enter a partnership with a private sector company to provide broadband internet service.

SB161-This bill would allow public schools to offer a hunting safety course as part of their curriculum.

HB1750-This bill states that a medical marijuana dispensary shall post signage at the check-in station of the dispensary notifying the qualifying patient of the availability of a pharmacist consultant. It also requires that information be posted on the dispensary website.

SB163-This bill creates the Arkansas Military Affairs Council Act and establishes the Military Affairs Grant Program. The council will work with the Arkansas Economic Development Commission to promote and support military installations for state and local economic development.

SB397-This bill directs the Arkansas Higher Education Coordinating Board to create a Higher Education Consumer Guide for prospective students and parents.

The guide would include the following information on each state-supported higher education institution:

Retention and graduation rates.

The cost of tuition. The average amount borrowed and loan default rate. Percentage of students who applied for first-time undergraduate admission and were offered admission. Average composite test scores of students enrolled.

Job placement of students within the first three years of graduation.

The House will convene on Wednesday at 1 pm.

Daily Legislative Update From State Representative Deann Vaught:

The House approved a resolution that will provide for an extended recess of the 2021 Regular Session. HCR1015 would allow the General Assembly to recess on April 30 and return when census data becomes available to complete congressional redistricting. Currently, census data is expected to be released in September.

The House also voted in favor of the following bills on Monday:

HB1678-This bill allows the State Board of Education to issue a teaching license to a university professor or an assistant professor.

HB1313-This bill addresses damage, destruction, or vandalism to buildings and objects on the State Capitol Grounds and at the Governor’s Mansion. It states damage to public buildings or objects of respect is a Class A misdemeanor if the damage is under $500. It becomes a Class D felony if the value of the damage exceeds $500.

HB1505-This bill makes leaving the scene of an accident with injuries a Class D felony. If there are serious physical injuries or death of a person, the offender would be charged with a Class B felony.

SB339-This bill states restaurants holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container to be consumed off-premises. This is currently allowed under an executive order due to the health emergency. SB339 would allow the practice to continue after the emergency.

SB341-This bill prohibits collective bargaining by public employees. The bill states public employees do not include law enforcement officers, firefighters, or public transit system employees.

SB354-This bill states that interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a school shall be expressly designated as one of the following based on biological sex:

(1) "Male", "men's", or "boys”

(2) "Female", "women's", or "girls"

It also states a student who is deprived of an athletic opportunity or suffers harm as a result of a violation of this law can seek injunctive relief and monetary damages.

The House will convene on Tuesday at 1 pm.

Daily Legislative Update From State Representative Deann Vaught:

The House wrapped up the 9th week of the 2021 Regular Session.

Members passed the following bills Thursday afternoon:

HB1633-This bill requires a city of first class to establish a city police department and provide the department with proper resources.

SB383-This bill states that the maximum campaign contribution level shall be established by rule of the Arkansas Ethics Commission.

SB127-This bill allows libraries to accept a debit card or credit card.

HB1416-This bill is intended to encourage home-based entrepreneurship. It outlines what restrictions local governments can and cannot place on home-based businesses.

SB118-This bill creates the Arkansas Public Service Internship Program. It will utilize graduate students and undergraduate students to perform duties for the cabinet-level departments of the state through which the students can obtain practical experience in state government responsibilities and operations.

The House will convene on Monday at 1 pm.

Legislative Update From State Representative Deann Vaught

More than 1,000 bills have been filed since the session began and more than 200 have been signed into law. Tuesday marked the 51st day for the 2021 Regular Session.

This afternoon, the House passed the following:

** HB1061-This bill creates the No Patient Left Alone Act. This bill states that it is in the interest of the state and its citizens that a patient be allowed at least one support person who is permitted to be physically present with the patient on a daily basis at reasonable times throughout his or her hospitalization, visit to the office of a healthcare professional, or institutionalization. The bill outlines visitation rights for children, patients with disabilities, hospice care, long-term care patients, and members of clergy.

** SB169-This bill states that a municipality, county, or other local public health authority shall not adopt or enforce an ordinance, order, resolution, policy, or rule that prohibits or regulates the occasional outdoor sale of nonalcoholic beverages from a stand on private property by a minor.

** HB1544-This bill affirms the right of a municipality to declare the municipality a pro-life city by resolution. It provides a framework for a city’s resolution and ways for a city to promote the status.

** SB20-This bill sets forth provisions for a quorum court to appoint a replacement when the county elected official has been suspended from office.

The House will convene on Wednesday at 1 pm.

Legislative Update From State Representative Deann Vaught

The House has now wrapped up the 7th week of the 2021 Regular Session.

The House passed the following bills on Thursday afternoon:

HB1224-This bill establishes the State Crime Laboratory Student Loan Forgiveness Program. If law, this would allow a pathologist to enter a probationary period with the State Crime Lab. After that probationary period, the lab could reimburse the pathologist $25,000 for outstanding student loans for a 2 year contract up and renew the contract for up to $100,000 per pathologist.

HB1137-This bill prohibits the performance of a pelvic examination on an unconscious or anesthetized patient without the prior consent of the patient. It provides an exception when a medical emergency exists and the pelvic examination is immediately necessary for diagnosis or treatment of the patient.

HB1215-This bill grants full practice authority to certified nurse midwives.

HB1254-This bill states the Arkansas Medicaid Program shall recognize an advanced practice registered nurse for all purposes as a primary care provider authorized to carry out the duties of a primary care case manager.

HB1023-This bill excludes certain school fundraisers from the sales tax laws regulation special events.

The House will convene again on Monday at 1pm.

Daily Legislative Report From State Rep Deann Vaught:

Wednesday is the last day members can file proposed Constitutional Amendments. The General Assembly can refer a maximum of three amendments for the November 2022 General Election ballot. 

Proposed amendments are filed as either a House Joint Resolution (HJR) or a Senate Joint Resolution (SJR). 

The House State Agencies committee will review and vote on proposed amendments later in the session. 

Meanwhile, the House passed several bills this afternoon, including the following: 

HB1110-This bill requires a state entity to report security breaches to the legislative auditor. If the auditor believes the security incident significantly compromises citizens’ data or creates significant concern, the auditor will notify the Governor and legislative leaders. 

HB1265-This bill amends the law concerning the unlawful passing of a school bus. It states drivers must come to a complete stop no less than 30 feet from the bus when it stops to load or unload passengers. This 30 feet perimeter would apply to public roads, private or public property open to the general public, and any driveway or parking lot belonging to a public school. 

HB1017-This bill states that Arkansas would permanently adopt Daylight Saving Time when the federal government allows states to do so and when surrounding states declare their intent to do so. 

HB1359-This bill allows the Division of Children and Family Services to release certain information regarding foster children, such as information needed for tax filing purposes.  

HB1176-This bill would ensure that Arkansas Medicaid reimbursements for telemedicine of certain behavioral and mental health services continue after the health emergency ends. 

HB1116- This is a bill to establish “Simon’s Law,” named after a Missouri child whose death led to similar laws being passed in several states. It would require health care professionals to obtain at least one parent's consent before placing a “do not resuscitate” order for a child. 

HB1029-This bill adds former representative and civil rights attorney John Walker to the list of Arkansas civil rights leaders to be included in teaching materials regarding African-American history in public schools. 

The House will convene on Wednesday at 1 pm.

Daily Legislative Report From State Representative Deann Vaught:

The House has adjourned from the 4th week of the Regular Session. The following bills were passed by the House Thursday afternoon:

** HB1315. This bill creates a state meat inspection program. The bill states that a lack of a state meat inspection program causes a significant loss of revenue generated from meat processing for this state and stifles opportunities for farmers to expand their meat processing capacity. It also states that without a state meat inspection program, it is currently prohibitively expensive for food banks to receive and distribute meat.

** HB1236-This bill states in the event of a civil disturbance or a crime in progress that requires additional law enforcement resources, the Governor may establish a system of unified command of law enforcement efforts and may designate which law enforcement agency or law enforcement agencies have primary jurisdiction on the State Capitol grounds and in the State Capitol building.

** HB1338-This bill raises the number of signatures needed for an individual to be placed on the Arkansas ballot as a candidate for President of the United States. Currently, 1,000 signatures are required. This bill raises it to 5,000.

** HB1228-This bill allows the establishment of designated entertainment districts in an area with entities authorized to sell alcoholic beverages.

** HB1124-This bill amends punitive articles of the Military Code of Arkansas concerning sexual assault and sexual contact.

The House also passed a resolution to extend the session if needed. HCR1008 provides for a recess on April 9 and an extension of the 2021 Regular Session until May 3, if necessary.

The House will convene on Monday at 1 pm.

Daily Legislative Update From State Representative Deann Vaught:

On Wednesday, the House passed several pieces of legislation, including the following:

· HB1212-This bill gives the Director of the Division of Workforce Services the discretion to modify employer contributions for certain unemployment insurance claims during an emergency.

· HB1068-This bill would allow for the use of telemedicine for group therapy sessions.

· HB1101-This bill amends the number of signatures required to petition a school district board of directors to meet. HB1101 states a petition must include the signatures of either 50 qualified electors in the district or 1% of the qualified electors, whichever number is greater. Currently, the law requires only 50 signatures of qualified electors.

· HB1269-This bill allows counties to pass an ordinance to allow individuals to drive golf carts on county roads.

· HB1244-This bill authorizes DFA to issue a driver’s license or identification card without a photograph if the licensee has a religious objection to having his or her photo taken. This bill does not change requirements for voter identification.

· HB1322-This bill amends the timeline for embalming a dead body. Currently, the law states that a dead body not buried within 24 hours must be embalmed or refrigerated. HB1322 extends the timeline to 48 hours, aligning it with current rules regarding cremation.

· SB131-This bill amends the continuing eligibility for the Arkansas Concurrent Challenge Scholarship Program from a letter grade of C average to a 2.5 GPA. This makes the eligibility consistent with the requirements for the Arkansas Academic Challenge Scholarship.

· SB126-This bill allows recipients of the Arkansas Governor's Distinguished Scholarship to also be eligible for the Arkansas Academic Challenge Scholarship.

The House will convene at 1 pm on Thursday.

Daily Legislative Update From State Representative Deann Vaught:

The House began the 4th week of the 2021 Regular Session on Monday.

This morning, the House State Agencies and Governmental Affairs Committee advanced HB1112. This bill eliminates the option for individuals to complete a sworn statement in order to cast a provisional ballot if they did not have the required photo identification.

With a vote of 75-13 and 5 members voting present, the full House passed HB1195. This bill requires that any woman seeking an abortion be notified of the availability of medical, welfare and private assistance programs. It instructs the Department of Health to establish a hotline for pregnant women seeking an abortion in Arkansas to call in order to receive a resource access assistance offer. If enacted, this legislation would take effect January 1, 2023.

The House passed HB1115 which amends the law concerning the weight threshold for commercial vehicles. This changes the definition of a commercial motor vehicle from one that has a gross weight at least 10,000 pounds to one that weighs at least 26,001 pounds. It also changes the passenger threshold from 10 to 15.

The House passed SB100. This bill seeks to enhance fiscal accountability and transparency in higher education. It instructs the Division of Higher Education to maintain a link to each state-supported institution of higher education on the division’s website. Each institution website would be required to list the name and email address of each member of the governing board, the date and location of board meetings, annual audit reports, and the board’s conflict of interest and commitment policy. SB100 also requires state-supported higher education institutions to provide a student accounts receivable aging report to the governing board.

The House convenes at 1 pm on Tuesday.

Daily Legislative Update From State Representative Deann Vaught:

The third week of the 2021 Regular Session is now underway.

This morning, the House State Agencies and Governmental Affairs Committee advanced HB1202. This bill requires counties to post sample ballots on the Secretary of State website at least 20 days before each preferential primary and general election and at least 10 days before each general primary, general runoff, school, or special election.

The afternoon, the House passed several bills, including HB1056. This bill amends the Arkansas Freedom of Information Act by allowing public meetings to be held via phone or video conference during a declared emergency.

The House passed HB1009, which authorizes the Veterinary Medical Examining Board to promulgate rules for the use of telemedicine.

The House also passed HB1013, which amends Arkansas Music Appreciation Day to add James "Jim Dandy" Mangrum, Buddy Jewell, and Mark Lavon "Levon" Helm. September 1 was established as Arkansas Music Appreciation Day by the 92nd General Assembly. The legislation states Arkansas has a proud history of contributing music and musicians to the nation, including Johnny Cash, B. B. King, Glen Campbell, Charlie Rich, Sister Rosetta Tharpe, Al Green, Conway Twitty, Floyd Cramer.

The House will reconvene Tuesday at 1 pm.