Week 8 Legislative Report 2023

This bill would reform special elections so that they may only occur on Primary or General Elections in Presidential election years and only on the second Tuesday of November in other years. A special election can happen outside of these times if there is an emergency which is defined as natural disasters, imminent danger to public health and safety, or render the governing body incapable of performing its lawful duties. Research shows that tax increases pass at an overwhelmingly higher rate at special elections with low turnout rather than general or primary elections with higher voter turnout. Special election reform has been attempted at least the last four sessions, with the municipal league and association of counties opposing it. Former State Senator James Sturch famously walked away to ensure it failed by a single vote during the 2017 Legislative Session. Now, 42 house members and 12 senate members are co-sponsors hopefully providing enough support to finally pass this into law.

HB1516 – Allowing Businesses to Educate Students for School Credit – SUPPORT

By: Rep. Robin Lundstrum & Sen. Jane English

This bill would allow businesses through their “subject matter expert” employees to provide education to students. These “subject matter expert” employees of the businesses would teach students in their subject matter field. In return the businesses of the subject-matter employee would be eligible for tax credits against tax they owe to help offset their income taxes. The tax credit is non-refundable and capped at $10,000 per subject matter expert and $20,000 for each business. Background checks and safety protocols are included for student safety. This tax credit is different than the medical training tax credit in another bill filed this session in that the participating business is paying its employee to basically leave his or her company job and teach their expertise (likely gained on the job) at the public school. This is simply reimbursing a business for lending expertise and its workforce to the public schools at a very high cost to the company. Another difference (among others) in this bill and the medical training credit bill is that it is not a credit which is paid to the taxpayer above the amount the taxpayer owes in income taxes.

HB1532 – Reducing Government Filing Regulations for Non-Profits – SUPPORT

By: Rep. Grant Hodges & Sen. Justin Boyd

This bill would increase the thresholds on charitable contributions requiring them to file financial reports with the government. Currently, nonprofits with more than $500,000 in contributions are required to file with the state, an audited financial statement by an independent CPA each year. This bill would increase that threshold to $1 million. Those with between $500,000 and $1 million in contributions would be required to have a financial statement reviewed by an independent CPA but would not have to file the report with the government.

SB278 – Ending AR Works – Obamacare Program; Shift to Fee for Service Program – SUPPORT

By: Sen. Bryan King & Rep. Josh Miller

This bill would repeal and end the Obamacare Medicaid Expansion program previously known as the Private Option and then Arkansas Works, now called Arkansas HOME. It would terminate on December 31, 2024. It would direct the Governor to get a waiver to move any people on the program to traditional Medicaid. This would save the state hundreds of millions of dollars with the state only paying for actual medical services received, instead of the current practice of paying monthly health insurance premiums for people, regardless of whether they ever use the insurance (and often even know they are on the state insurance policy.)

Although fee for service is a cost savings for the state, non-profit insurance companies (meaning they do not pay Arkansas income taxes) have continually and successfully lobbied to keep the revenue stream flowing to their industry. Insurance companies and their partners in the healthcare industry give massive amounts of campaign contributions and other perks to legislators to keep the status quo of paying insurance companies billions in state dollars, regardless of whether insurance companies pay “a value gained” amount in medical expenses to the providers.

SB338 – Deregulation on Marketing Eggs – SUPPORT

By: Sen. Matt Stone & Rep. Justin Gonzales

This bill would increase the number of eggs a producer can sell without being subject to the regulations in the Arkansas Egg Marketing Act, raising the current cap of 200 eggs up to 700 eggs proposed in this bill.

HB1522 – Massive Raises for District Court Personnel Across the State – OPPOSE

By: Rep. Carol Dalby & Sen. Gary Stubblefield

This bill would write into state law raises for district court personnel around the state. These raises for judges, court clerks, and deputy court clerks would range from 36% to 300% depending on the county. Some counties’ rates would stay the same. Some counties would be given the authority to set salary schedules locally. Not only does this provide varying salary ranges for the same positions around the state, but it also increases potential raises vastly above any cost of living or inflation adjusted rate increases. This bill is coming from Republicans and is against the Republican platform position of smaller government. Those paying taxes to fund these positions are not seeing raises of 40%, 118%, or 300%. This is a bad bill.

HB1537 – Promoting Voter Fraud; Electronic Voter Registration – OPPOSE

By: Rep. Andrew Collins & Sen. Clarke Tucker

This Democrat sponsored bill would promote voter fraud by establishing online voter registration statewide. It would allow people to register to vote electronically and sign their applications electronically, making it impossible to later check voter signatures if needed. Those registering electronically would be accepted to vote if their form is submitted at least thirty (30) days before the election and the person provides a current valid driver’s license number or the last four dights of the applicant’s social security number. This bad bill opens the opportunity for mass voter registration fraud and is an example of the fact that Democrats seem determined to weaken the integrity of the vote.

HB1538 – Regulations on Professional Development for Private School Teachers – OPPOSE

By: Rep. Deann Vaught

This bill is an example of that proponents of school choice should expect from the opposition. It would force private school teachers to complete at least six full days of professional development, or “the government” (not the parents’ choice through reduced enrollment) will prohibit the teacher from teaching in the private school. These “continuing education” type sessions would be required even if the private school deems they are not necessary or handles their continuing education protocols differently.

Specific courses on subject matter areas would be required. Instead of allowing the private school to set their own standards, the government will force a one size fits all approach. The bill would also cap professional development of public government school teachers to no more than six days a year.

Following the passage of the school choice legislation (LEARNS Act), this bill seems to be part of a series of bills which attempt to force private schools to adhere to regulations and prohibitions imposed on government schools. It is anticipated and hoped that after success of the LEARNS Act, government schools will become more sensitive to what parents prefer than the next government control tactic the liberals concoct to mold our children.

HB1540 – Holding Down Intellectually Advanced Kids Going to Public Schools – OPPOSE

By: Rep Deann Vaught

This bill prohibits a student returning to a government school to be placed in a grade based on their academic ability and intelligence if that grade is higher than what is typical for their age. This decision would be based solely on a grade level placement test administered by the government school. A student could be placed in a grade lower than the grade level associated with their age but not higher. This could hold down advanced students who would be forced to be in a grade that they have possibly either completed elsewhere or that they are overqualified for, holding down their ability to learn more challenging material to keep them engaged and growing as a student. This seems to be part of a series of bills aimed at getting back at private school students who would then return to a government school following the passage of the school choice legislation in the LEARNS Act.

HB1544/HB1545 – Changing Definitions to Increase Government Loans/Scholarships Exclusively for Medical Students – OPPOSE

By: Rep. Lee Johnson

This bill would change the definition of medically underserved areas and thus what would qualify a medical student for government loans/scholarships. Currently determining an area as medically underserved is done at the state level and based on several factors including the ratio of doctors to a population, the infant mortality rate, the percentage of a population in poverty, age of a population, age of physicians, and other criteria developed for unmet needs for medical services. Instead of using this current standard, a new definition of a “medically underserved population” would be set by a definition in federal statute (42 U.S.C. 254b). Under this federal statute, the Secretary of the federal Department of Human Services sets what a medically underserved population is and could include urban or rural areas. The Secretary is then given authority to set the criteria and shall consider comments received from the Governor of a state and local officials of a state. The Secretary could then waive criteria established to determine a medically underserved area if local officials and the Governor recommend it.

This change in definition would place the federal government directly in control of our medical educators in addition to having the potential to make any area a “medically underserved population” area. This bill would not only allow essentially unlimited opportunities for medical students to receive special government loans or grants, not allowed for other students in Arkansas, but opens the door wider to federal control of medical freedom of Arkansans. The definition change would also apply to income incentives of up to $80,000 for these students as they begin their medical careers.

Arkansas has lost enough medical freedom to the whims of the federal government. This is a bad bill.

Status of Bills Tracked by Conduit on Weekly Scorecard Reports:

OPPOSE

HB1087 – Increased Speeding Tickets + Required Community Service – OPPOSE

STATUS: Withdrawn by Author

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

STATUS: Passed House (Vote); Referred to Senate Committee

HB1237 – Increased Regulations and Costs for Ridesharing – OPPOSE

STATUS: Referred to Committee; no hearing scheduled.

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

STATUS: Referred to Committee; no hearing scheduled.

SB207 – Increased Franchise Taxes; Banning Businesses from Doing Business – OPPOSE

STATUS: Passed Senate (Vote); Referred to House Committee.

SB233/SB234/SB235 – Promoting Election Fraud and Cheating – OPPOSE

STATUS: Referred to Senate Committee; no hearing scheduled

HB1422 – Special Tax Credits for Healthcare Professionals – OPPOSE

STATUS: Referred to House Committee; No hearing scheduled

SB290 – 10% Pay Increase for Elected County Officials – OPPOSE

STATUS: Passed Senate (Vote); Referred to house committee.

SB298 – Price Fixing for Government Nursing Faculty – OPPOSE

STATUS: Amended, re-referred to Senate committee.

SB306 – Increasing Welfare Dependency with Expansion of Food Stamp Eligibility – OPPOSE

STATUS: Referred to Senate committee.

SUPPORT

HB1012 – Increased Standard Deduction – SUPPORT

STATUS: Referred to Committee; On Deferred Agenda

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

STATUS: Referred to Committee; On Deferred Agenda

HB1026 – Prohibits Cities Enacting a Local Income Tax – SUPPORT

STATUS: Passed House (Vote); Passed Senate (Vote) Signed into law – Act 96 of 2023

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

STATUS: Passed House (Vote); Passed Senate (Vote). Sent to Governor.

HB1032 – Increased Homestead Property Tax Credit – SUPPORT

STATUS: Heard in committee; Chair Eaves did not allow a vote. On Deferred Agenda.

HB1067 – No Residency Requirement for Firefighters – SUPPORT

STATUS: Heard in committee; Failed on voice vote – Rep. Carol Dalby & Municipal League helped kill.

SB5 – Telehealth for Vets – SUPPORT

STATUS: Heard on 1/24/23 in Committee; Opposition from out of state academics, cattle related associations; no vote taken. Amended 2/6, 2/8, and 2/20; Re-Referred to Committee

SB42 – Deregulation on Licensed Counselors – SUPPORT

STATUS: Passed Senate (Vote); Passed House (Vote); Signed into Law – Act 78 of 2023

HB1045 – Repeal of the “Throwback Rule” – SUPPORT

STATUS: Referred to Committee; On Deferred Agenda.

HB1082 – Occupational Therapist Licensing Compact – SUPPORT

STATUS: Passed House (Vote); Amended 3/1; Re-referred to committee

HB1149 – Prohibit Gifts from Lobbyists to Executive Branch Cabinet Secretaries – SUPPORT

STATUS: Withdrawn by the Author (1/25/23)

HB1155 – Increased Childcare Access – At-Home Childcare Providers – SUPPORT

STATUS: Passed House (Vote); Passed Senate (Vote); Signed into Law – Act 60 of 2023

SB80 – Exempt Capital Gains Tax from Property Conveyed via Eminent Domain – SUPPORT

STATUS: Referred to Committee; No hearing scheduled.