Week 3 Legislative Report 2023

January 30, 2023

Week 3 Summary of Conduit Bill Analysis (see Details Below):

OPPOSE

HB1189 – New Licensure Regulations/Penalties on Behavior Analysts – OPPOSE

HB1237 – Increased Regulations and Costs for Ridesharing – OPPOSE

HB1275 – Banning Access to Paper Medical Records if Online Access Provided – OPPOSE

SUPPORT

HB1196 – Part Time Work Requirement for Public Housing Benefits – SUPPORT

HB1207 – Fast Track for Local Permits – SUPPORT

HB1239 – Repeal of Annual Franchise Tax on Businesses – SUPPORT

SB90 – Occupational Licenses Streamlined for Out of State Equivalents – SUPPORT

SB125 – Increased Free Speech Protections on College Campuses – SUPPORT

Bill Details:

HB1196 – Part Time “Work” Requirement for Public Housing Benefits – SUPPORT

By: Rep. Kendon Underwood and Sen. Ben Gilmore

This bill would implement at least a part-time work/volunteer/education requirement for able-bodied adults receiving public housing welfare benefits. Specifically, a person would be required to spend at least twenty (20) hours per week working, participating in a work program, volunteer, or any combination of the three to continue receiving their welfare benefits. The onus is also created for the public housing authority to implement and track the requirement to be able to continue operating and receive money to pay themselves. They must screen applicants up front and terminate the welfare benefits if the requirement is not met.

HB1207 – Fast Track for Local Permits – SUPPORT

By: Rep. Kendon Underwood and Sen. Ben Gilmore

This bill would create and streamline the permits process at the local level. The fast-track process would be for projects related to the development of a residential, multifamily, commercial, or industrial improvement within a local government’s jurisdiction. A local government would have 60 days to approve a request for a permit or that permit is automatically approved. Local governments are banned from adding additional requirements if the permit is automatically approved. If a permit is denied, the local government must give a written notice stating the reasons. If a permit is denied for incompleteness, the 60-day clock is reset if within fifteen (15) days the person then properly resubmits the permit request. A private cause of action covering attorney fees, witness fees, costs is included to ensure actual enforcement of the law.

HB1239 – Repeal of Annual Franchise Tax on Businesses – SUPPORT

By: Rep. Kendon Underwood and Sen. Jim Dotson

This bill would repeal the annual franchise tax and annual reporting requirements levied against for profit business entities in Arkansas. It would also repeal regulations currently requiring annual reporting which includes the disclosure of private information which often companies do not want disclosed. This disclosure is currently enforced through penalties, business termination, and the disallowance of establishing new business entities by the members. Though the annual filing fee may only be $150, it is a reminder that Arkansas is not business friendly. Removing this annoying tax along with its reporting will save taxpayers several million dollars annually, but the real benefit will come by encouraging in-state and out-of-state entrepreneurs to do business here.

SB90 – Occupational Licenses Streamlined for Out of State Equivalents – SUPPORT

By: Sen. Ricky Hill and Rep. Kendon Underwood

Instead of a patchwork of compacts and occupational licensing reform/deregulation, this bill would create a streamlined process for all occupational licenses for those with out of state license equivalents. Currently, the best and richest industries lobbying for more fairness and freedom in their occupations can get bills passed. Otherwise, consumers continue to lose for those industries that cannot get bills passed to reduce occupational licensing burdens. With application to all occupational licenses, those moving to Arkansas would be allowed to seek a similar occupational license if they held equivalent approval in other states. It would also move approval of the licenses to an elected body of state legislators under the legislative council instead of boards, commissions, or other bureaucrats positioned to maintain burdensome regulations to inflation and increase prices and keep out competition in their business. The expedited process would be required to use a standard of the lease restrictive means of attaining occupational licenses. Licensing boards would also be required to advertise this option of out of state licensure being streamlined. This would be a big win for consumers.

SB125 – Increased Free Speech Protections on College Campuses – SUPPORT

By: Sen. Dan Sullivan and Rep. Rick Beck

This bill would provide increase free speech protections on college campuses above and beyond what is protected by the First Amendment to the U.S. Constitution. It would require government colleges to ensure members of the campus community have the fullest degree of intellectual and academic freedom and free express. They could not restrict speech that someone may find controversial, non-collegial, disagreeable, or offensive. They could not mandate the use of specific words, including the use of pronouns. The bill opens the entire campus where people are legally present to allow for free expression. Reasonable time, place, and manner restrictions would still be allowed. A college cannot allow the shutting down or cancelling of speakers to campus because some may not like the speaker.

HB1189 – New Licensure Regulations/Penalties on Behavior Analysts – OPPOSE

By: Rep. Nicole Clowney and Sen. Kim Hammer

This bill would create a new government occupational license and government licensing procedure for behavior analysts. It also lists extensive conduct that a person would need permission from government to do, and a person cannot hold themselves as behavior analysts before being approved by the government. A college student, academics, and professors are exempt from holding themselves as behavior analysists. Blanket regulatory authority to add additional regulations is given to the Arkansas Psychology Board.

HB1237 – Increased Regulations and Costs for Ridesharing – OPPOSE

By: Rep. Lee Johnson

This bill would increase costs for people using ridesharing services like UBER, LYFT, or taxis by increasing regulations and insurance requirements. Instead of a $50,000 bond against possible claims of property damage, a person would be required to have a $500,000 bond, all but ensuring people would not be able to use this type of insurance to work and provide ridesharing services. Self-insurance is also struck and no longer allowed as insurance. Not having the proper insurance could also lead to new criminal penalties of up to 90 days in jail as a Class B misdemeanor. Previously the violation carried a fine of between $100 to $500, which is now also increased to between $500 – $1,000. The bill also creates new annual filings of lengthy disclosure statements that private companies and individuals would be required to compile and file with the government, increasing costs and taking time away from people. Blanket rulemaking authority is given to unelected bureaucrats, including the state IRS (Department of Finance and Administration).

HB1275 – Banning Access to Paper Medical Records if Online Access Provided – OPPOSE

By: Rep. Lee Johnson and Sen. Missy Irvin

This bill would take away healthcare payors’ (which includes patients’ (R)) ability to get paper medical records if the holder of those records allow electronic access online. This would include record restrictions to the enrollee’s medical history, services provided, prescription medications written, procedures ordered, and other information related to the patient’s overall health. As now experienced by patients, healthcare providers are encouraging their patients to go “green” and elect to no longer receive paper documents. An election to take such action by the patient is different than the government imposing such demands for the convenience or cost savings of the healthcare industry. Our government owns enough of our healthcare freedoms without dictating the form in which we may receive our own healthcare records or billing, etc.

Status of Bills Tracked by Conduit on Weekly Scorecard Reports:

OPPOSE

HB1087 – Increased Speeding Tickets + Required Community Service – OPPOSE

STATUS: Referred to Committee; Moved to Deferred Bills on Agenda

SUPPORT

HB1012 – Increased Standard Deduction – SUPPORT

STATUS: Referred to Committee; on agenda

HB1016 – Standard Deduction Increased by Inflation; No Cap – SUPPORT

STATUS: Referred to Committee; on agenda

HB1026 – Prohibits Cities Enacting a Local Income Tax – SUPPORT

STATUS: Passed Committee (1/26/23)

HB1027 – Required Voter Approval for New/Increased A&P Taxes – SUPPORT