Week 9 Legislative Report 2023

Week 9 Summary of Conduit Bill Analysis (see Details Below):

OPPOSE

HB1578 – Pharmacy Ownership Restrictions – OPPOSE

HB1585 – Insurance Regulations on Food Delivery Providers – OPPOSE

SB353 – Absolute Privileged Communications for all State Legislators – OPPOSE

SUPPORT

HB1572 – No Local Bans on Underground Gas Facilities – SUPPORT

HB1575 – Work Search Requirements for Unemployment Benefits – SUPPORT

HB1593 – Protections from Government of People’s Data and Metadata – SUPPORT

SB399 – Protection of Transparency in Courthouses and Courtrooms – SUPPORT

Bill Details:

HB1572 – No Local Bans on Underground Gas Facilities – SUPPORT

By: Rep. R.J. Hawk & Sen. Missy Irvin

This bill would prohibit a town, county, special district, or political subdivision from adopting laws or rules that would prohibit the siting, developing, or redeveloping of an underground gas storage facility, a fuel retailer, or related transportation infrastructure. It would also prohibit requiring a fuel retailer to invest in a particular kind of fueling infrastructure, such as electric charging stations.

HB1575 – Work Search Requirements for Unemployment Benefits – SUPPORT

By: Rep. Rebecca Burkes & Sen. Clint Penzo

This bill would require those receiving unemployment benefits to have at least five (5) work search contacts per business day for a week in which they submit a claim for unemployment benefits. These contacts would include submitting resumes, completing an interview, attending a job fair, or participating in job skill training.

HB1593 – Protections from Government of People’s Data and Metadata – SUPPORT

By: Rep. Wayne Long

This bill would prohibit the state or state agencies from assisting or providing support to a federal government agency in the collection or use of a person’s electronic data or metadata unless the person has given informed consent or is pursuant to a valid warrant. The data and metadata protected would include electronic communications, including the content, sender, recipient, location sharing information, and any tracking and management of that information.

SB399 – Protection of Transparency in Courthouses and Courtrooms – SUPPORT

By: Sen. Alan Clark

This bill would prohibit the government from banning a person having their phone or electronic communication device in courthouses and in courtrooms under certain circumstances. It would allow a person to use their cell phones in the courthouse outside of a courtroom that is in session. Courts could restrict the use of calling while in the courtroom while court is in session. People could use their devices to view content on their devices. Parties to the cases or jury members are subject to additional restrictions.

HB1578 – Pharmacy Ownership Restrictions – OPPOSE

By: Jim Wooten & Sen. Richard Murdock

This bill would restrict all pharmacy permits to only licensed pharmacists, a partnership in which each active member is a licensed pharmacist, a corporation or association in which a majority of the stock is owned by a licensed pharmacists, or an LLC in which the majority of its member owners are licensed pharmacists. The law would not apply retroactively but only to new permit applicants. Pharmacy chains headquartered in the state or a pharmacy within a hospital would be exempt. This bill has the potential to create a monopoly, crush competition, and decrease choice and access for consumers.

HB1585 – Insurance Regulations on Food Delivery Providers – OPPOSE

By: Rep. Jon Maddox & Sen. Ricky Hill

This bill would require food delivery companies to carry insurance on the car used by the food delivery driver for $50,000/$100,000 for bodily injuries and $25,000 for property damage. If a person does not have insurance or is underinsured, the delivery network companies’ insurance would kick in to cover any damages to third parties. Extensive insurance regulations and response to incidents involving the delivery driver would apply to the company. This is a bill which effectively regulates a new industry—which demonstrates in its purer sense that Arkansas is not on the side of small business. It will lead to huge increased fees and costs for consumers to get food delivery due to increased insurance requirements and the cost of adhering to regulations imposed by the government. If passed, this growing new service industry will only be operated by big business.

SB353 – Absolute Privileged Communications for all State Legislators – OPPOSE

By: Sen. Jim Dotson & Rep. Jeff Wardlaw

This bill would provide an absolute privilege for current and former politicians to protect any communications in which they are involved in the furtherance of drafting, amending, and passing legislation. Any documents or other communications to government staff such as a drafting request, information request, and supporting documents related to such information would be prohibited from being disclosed, including in any legal proceeding. It would ban all such communications from disclosure under the freedom of information act. It would also create criminal charges for staff employees who do disclose any information that the politician does not want disclosed.

During the public corruption trial of former state senator Jon Woods, the prosecutors relied heavily on the type of communications and information that this bill would prohibit. Prosecutors were able to show how Woods was using his elected position to draft, amend, communicate, and direct unknowing staff to assist him in furthering his corruption to enrich himself. Not only would this bill shield everything from being used in court, but it would also create criminal charges and penalties for any state staff who cooperate with prosecutors or investigators.

This is a completely self-serving piece of legislation aimed to protect all current and former legislators from facing any consequences for wrongdoing as an elected official.

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; hearing scheduled 3/14.

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

STATUS: Referred to Committee; Amended 3/8; no hearing scheduled.

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

STATUS: Passed Senate (Vote); Referred to House Committee. Hearing scheduled 3/14.

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

STATUS: Referred to Senate Committee; Hearing scheduled 3/14.

HB1422 – Special Tax Credits for Healthcare Professionals – OPPOSE

STATUS: Referred to House Committee; Amended 3/9. Hearing scheduled 3/14.

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

STATUS: Passed Senate (Vote); Referred to house committee. Hearing scheduled 3/13.

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.

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

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

HB1537 – Promoting Voter Fraud; Electronic Voter Registration – OPPOSE

STATUS: Referred to committee; Hearing scheduled 3/13.

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

STATUS: Amended. Referred to committee; Hearing scheduled 3/14.

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

STATUS: Referred to committee; Hearing scheduled 3/14.

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

STATUS: Passed House committee; On house calendar 3/13.

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). Signed into law – Act 190 of 2023.

HB1032 – Increased Homestead Property Tax Credit – SUPPORT

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

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, 2/20, 3/0; Passed Committee. On Senate calendar 3/13.

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; Passed Senate (Vote); Sent to Governor.

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.