Week 12 Legislative Report 2023

This bill would increase the number of children from 10 to 12 at a daycare center and still be exempt from the definition of a “food service establishment”. Once defined as a food service establishment additional costly and burdensome regulations attach requiring the daycare to cap their availability to less children and incur higher costs that are passed on to consumers as higher prices. This bill will should provide parents with more day care options.

STATUS: Passed House committee; House Calendar 4/3.

HB1804 – Recertify Eligibility for Food Stamps Every Six Months –SUPPORT

By: Rep. Mary Bentley & Sen. Clint Penzo

This bill would require able-bodied adults to recertify their eligibility for food stamps at least every six (6) months. This will ensure only the truly needy who qualify continue receiving food stamps and the purge rolls (or drop off people) from the program who no longer qualify.

STATUS: Referred to House committee; Hearing 4/4.

HB1823 – Publishing of Public Meeting Notices Online – SUPPORT

By: Rep. Vivian Flowers

This bill would require notices of the time, place, and date for public meetings to be published online, such as on a website or social media. Regular meetings must be published at least 48 hours in advanced, and emergency or special meetings published at least two (2) hours before the meeting takes place. This will increase transparency of government meetings.

STATUS: Referred to House committee; Hearing 4/3.

HB1824 – Publishing of Municipal Budgets Online – SUPPORT

By: Rep. Vivian Flowers

This bill would require cities with at least 500 people to publish their budgets online, such as on a website or social media page. This will increase transparency on government spending in cities.

STATUS: Referred to committee; Hearing 4/3.

SB549 – Income Tax Cut for Individuals & Corporations – SUPPORT

By: Sen. Jonathan Dismang & Rep. Les Eaves

This bill would provide an income tax cut for individuals, trusts, estates and corporations, saving taxpayers a total of around $124 million annually. The top individual income tax rate would drop to 4.7% (from 4.9% – $100 million tax cut) and the top corporate income tax rate would drop to 5.1% (from 5.3% – $24 million tax cut). While we support this bill, we encourage the legislators to apply a greater rate reduction in order to compete with those surrounding states which still have income taxes, as they too are dropping their top rates (soon to be lower than what would be our new reduced rate under this bill.)

STATUS: Referred to committee; Hearing 4/3.

HB1705 – Undermining Telehealth Laws for Physical Therapy – OPPOSE

By: Rep. Karilyn Brown

This bill would undermine the recent successes in providing expanded telehealth access to Arkansans by requiring an initial in-person examination by someone providing telehealth physical therapy services. If passed, this bill would not only reduce medical availability but would increase health insurance rates, for example, where telehealth has provided a means to cheaper health insurance.

STATUS: Passed House committee; House Calendar 4/3.

HB1710 – Special/Local Special Interests Spending Disguised as “Economic Development” – OPPOSE

By: Rep. Rick McClure

This bill would once again try to get around the Arkansas constitutional prohibition against “special and local” legislation. Repeatedly the Arkansas courts have upheld this constitutional prohibition, most recently striking down the pork barrel spending program known as “General Improvement Funds (‘GIF’)” that directed taxpayer money to special projects in districts around the state.

These GIF funds have resulted in multiple people, including former legislators, going to prison for kickback schemes to direct these economic development dollars to specific people. Marketed this time as help for rural areas, the function and outcome is the same where money is directed to economic development planning groups, who can then spend the money to staff people to administer the funds (and lobby for more.)

All of this occurs after and on top of cities and counties already being allowed to issue an unlimited number of future tax increases in the way of bonds for economic development projects that this program says it will create.

Another government program that spends money we do not have, violates the Arkansas constitution again, and will allow more corruption and misuse of taxpayer monies.

This program will also allow private funds to funnel through the government that could be untraceable to their origins to influence local governments and interests as the strings attached to the funds.

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

HB1712 – Allowing for More Speed Traps – OPPOSE

By: Rep. Deanne Vaught & Sen. Dave Wallace

This bill would dilute the definition of an affected highway that is subject to the law against speed traps. Instead of just any highway that is part of the state highway system, the highway must ALSO have a decrease in posted speed limits upon entering an affected municipality. This will lead to more tickets from speed traps and more money for law enforcement. The bill would also expand the exemption/definition of what revenue means under the speed trap law to allow these “non-revenue” funds from speed traps to be more easily used and retained by not counting them against revenue caps from these speed traps. This bill will lead to less money in people’s pockets and more money in government coffers.

Surely this bill to increase speed traps to collect more taxes will not be a popular bill on a re-election flyer.

STATUS: Passed House committee; House calendar 4/3.

HB1725 – War on Vaping/Tobacco – Unlimited Regulations to Ban Tobacco Products – OPPOSE

By: Rep. Lee Johnson

This bill would effectively ban the use of vaping/tobacco products in Arkansas by allowing unlimited regulations on the products. The bill would blindly give the Director of Arkansas Tobacco Control the authority to inspect any tobacco, vapor, alternative nicotine, or e-liquid product in places of storage or distribution. They can promulgate any rules, forms, certifications or otherwise that this bureaucrat system deems necessary. Any certification violations would inquire a fine of not less than $75,000 and up to $250,000 per violation. The bill would also violate the first amendment rights for commercial speech to advertise their products.

A directory of every product and its manufacturer, distributor, and/or retailer would be established and if an item is not in this directory, it can be pulled for sale. Any sales of items not on the directly will inquire a DAILY fine of $1,000 until removed from sale or added to the directory. Additional initial fees of $1,000 for each brand family of products will be owed. A new annual fee of $500 per brand family of products will be owed.

These funds could then flow back into state coffers and be spent how legislators desire, including to self-serving institutions and industries from which the sponsor of this legislation benefits.

STATUS: Amended 3/30; Passed House committee; House calendar 4/3.

HB1726 – FOIA Exemptions for Government Attorneys – OPPOSE

By: Rep. David Ray & Sen. Breanne Davis

This bill would allow special exemptions to the freedom of information act for government attorneys and other employees and the work product they feel should not have to be disclosed. It would also allow expanded and increased fees for producing items requested under the transparency law. This is a very bad bill. Transparency is for government; privacy is for the people.

STATUS: Referred to House committee; Failed in committee; On deferred list.

HB1772 – New, Private Funding for Psychological Testing of Children – OPPOSE

By: Rep. Lee Johnson

This bill would create a new government program for scholarships, stipends, and other incentives for psychological and neuropsychological students and workers, including those who test children. The program would allow both funds paid in by taxpayers to be allocated and outside, untraceable private funds to be given to fund these programs.

It is quite alarming that special interests or those with an ideological or specific agenda can control through these funds how psychological testing of children is accomplished in this state. Will these private funds come from groups and healthcare interests that promote the chemical castration of minors and affirmation of transgenderism in children? The sponsor of this bill has a history of voting against banning these practices.

STATUS: Amended 3/31; Passed House committee; House calendar 4/3.

HB1783 – Violation of Private Contract Rights in Franchise Agreements – OPPOSE

By: Rep. Jeff Wardlaw & Sen. Ricky Hill

This bill would violate the private contracting rights between a franchisor and franchisee and how these parties would like to run, grow, renew, end, or otherwise alter their own franchise agreements. This bill reads like a union shakedown of ownership (the franchisor). The bill would first extend ownership of a franchise to not only those who own a financial interest in a franchise, but any financial institution who has guaranteed the obligations (such as a loan) under a franchise agreement.

The government would prohibit a franchisor from letting a franchise agreement expire without first allowing the franchisee a chance to renew it under substantially the same terms.

The bill also would force a franchisor to accept the transfer of the franchisee to a new person if they are part of the key management of the current franchisee, an existing franchisee, or a relative of the franchisee. Again, this violates the private rights to enter a contract and basically assumes the franchisee is not capable of entering into a wise contract. It forces a franchisor to do business with someone that the government decrees as fit.

Franchisors would be prohibited from changing the rent, marketing fees, franchise fees, service fees, or other fees paid by a franchisee as a condition of a franchise renewal or granting a new franchise agreement.

Portions of this bill will be applied retroactively back to 1991.

This bill and the change in law is business interference with a contract (a civil tort), price fixing, and communist style behavior to force someone to work and provide services or products under terms the government dictates rather than in a free market with private contracting rights.

STATUS: Referred to committee; Hearing 4/3.

HB1803 – Bad Tax Policy on Soft Drink Tax Ensuring Permanent Tax – OPPOSE

By: Rep. Julie Mayberry

This bill would implement a bad tax policy scheme by tying specific tax revenue to a specific funding item, in this case school nurses. This will make it nearly impossible to later alter or reduce this specific tax as it would then be spun (using the pain-point political strategy) as de-funding and attacking school nurses. Taxes should be applied evenly and fairly, and the revenue should be allocated through the legislative budgeting process and not tied to a specific funding item.

STATUS: Referred to House committee; Hearing 4/4.

HB1821 – Bad Tax Policy on Car Rental Tax Ensuring Permanent Tax – OPPOSE

By: Rep. Charlene Fite

Just like HB1803, this bill would implement a bad tax policy scheme by tying specific tax revenue to a specific funding item, in this case government teachers’ salaries. This will make it nearly impossible to later alter or reduce this specific tax as it would then be spun (using the pain-point political strategy) as de-funding and attacking government teachers. Taxes should be applied evenly and fairly, and the revenue should be allocated through the legislative budgeting process and not tied to a specific funding item.

STATUS: Referred to House committee; Hearing 4/4.

SB522 – New Regulations on Employers in Payments to Employees –OPPOSE

By: Sen. Greg Leding

This bill would require employers to provide every employee when paid an itemized statement showing the pay basis in hours or days worked, rate or rates of pay, gross pay, and deductions from the pay for the pay period. While this may seem simple and proper for large employers or most employers, a government mandate on employers to follow this is not necessary. Small and family businesses, including some small family farms, still write single checks for their employees. Irregular, temporary, and other types of employment arrangements would not fit into this government forced one-size fits all approach.

Employers do not need additional regulations, especially another thing that may be used against it in litigation or gotcha lawsuits. The sponsor has run this bill and had this bill failed for many sessions.

Stop with the regulations on economic freedom.

STATUS: Referred to committee.

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); Passed Senate Committee.; Senate Calendar 4/3.

HB1237 – Increased Regulations and Costs for Ridesharing – OPPOSE

STATUS: Passed House Committee; House Calendar 4/3.

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

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

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

STATUS: Passed Senate (Vote); Passed House (Vote); Delivered to Governor

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

STATUS: Referred to Senate Committee; SB233 Committee Hearing 4/4; SB234 Committee Hearing 4/4; SB235 Amended 3/24 & 3/28; Passed Senate (Vote), Committee Hearing 4/3.

HB1422 – Special Tax Credits for Healthcare Professionals – OPPOSE

STATUS: Amended 3/9; Committee Hearing 4/4.

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

STATUS: Passed Senate (Vote); Passed House (Vote); Signed into Law – Act 366 of 2023

SB298 – Price Fixing for Government Nursing Faculty – OPPOSE

STATUS: Amended 2/21;, re-referred to Senate committee.

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

STATUS: Passed Senate (Vote); Amended 3/28; Passed House (Vote);

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

STATUS: Passed House (Vote); Amended 3/27; Passed Senate (Vote);

HB1537 – Promoting Voter Fraud; Electronic Voter Registration – OPPOSE

STATUS: Referred to committee; Hearing scheduled 4/3.

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

STATUS: Amended 3/7 & 3/27. Passed Committee; House Calendar 4/3.

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

STATUS: Amended 3/28; Passed Committee; House Calendar 4/3.

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

STATUS: Passed House HB1544 (Vote); Passed House HB1545 (Vote); Referred to Senate Committee; Hearing scheduled 4/3.

HB1598 – Campaign Contributions to Candidates Given to other Candidates – OPPOSE

STATUS: Referred to House committee; Hearing scheduled 4/3.

HB1597 – Leftover Campaign Funds Allowed to Donate to Public Welfare Groups, PACs, IECs, Ballot Questions – OPPOSE

STATUS: Passed House committee;

HB1628 – Prohibiting Private Contract Rights for Covenants Not to Compete – OPPOSE

STATUS: Referred to House committee; Hearing scheduled 4/3.

SB459 – Increased Corporate Welfare for Moviemaking; $8 million increase in Tax Credits –OPPOSE

STATUS: Referred to Senate committee; Hearing scheduled 4/3.

SB471 – Directing Funds to Public Schools for Children Not Attending There – OPPOSE

STATUS: Referred to Senate committee; Hearing 4/3.

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); Passed Senate (Vote); Signed into law – Act 315 of 2023.

HB1067 – No Residency Requirement for Firefighters – SUPPORT

STATUS: Heard in committee; Failed on voice vote – Rep. Carol Dalby & Municipal League helped kill. Amended 1/12 & 3/1 & 3/14 & 3/16. Passed House (Vote); Referred to Senate committee – hearing 4/4.

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. Failed Senate (Vote); Expunged vote on which bill failed.

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; Amended 3/27 & 3/30; On Deferred Agenda;

HB1082 – Occupational Therapist Licensing Compact – SUPPORT

STATUS: Passed House (Vote); Amended 3/1; Passed Senate (Vote); Signed into Law – Act 257 of 2023

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; Amended 3/14; Hearing 4/3.

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

STATUS: Passed House (Vote); Passed Senate (Vote); Signed into law – Act 160 of 2023.

HB1207 – Fast Track for Local Permits – SUPPORT

STATUS: Referred to Committee; Amended 2/20 & 3/13; Passed House (Vote); Amended 3/30; Passed Senate (Vote);

HB1239 – Repeal of Annual Franchise Tax on Businesses – SUPPORT

STATUS: Referred to Committee; Amended 3/16; on Deferred agenda.

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

STATUS: Passed Senate (Vote); Passed House (Vote); Delivered to Governor

SB125 – Increased Free Speech Protections on College Campuses –SUPPORT

STATUS: Presented in Committee, Pulled by Sponsor due to lack of support. Amended 2/8 & 3/14 & 3/15; Passed Senate (Vote)

HB1345 – Increased Tax Deduction for Teacher Classroom Expenses – SUPPORT

STATUS: Amended 3/28; Passed Committee; House Calendar 4/3.

SB134 – Tax Cut on Used Vehicles, Trailers, Semi-Trailers – SUPPORT

STATUS: Referred to Committee; Amended 2/15; Hearing 4/3.

HB1360 – Electrician Services Deregulation – SUPPORT

STATUS: Passed House (Vote); Amended 3/2; Passed Senate (Vote); Signed into Law – Act 318 of 2023.

HB1382 – Tax Credits for Re-Entry to Work – SUPPORT

STATUS: Referred to House committee; amended 2/27; on deferred list.

HB1399 – Publication Requirements Reform for Cities and Counties – SUPPORT

STATUS: Referred to Committee; Amended 2/13 & 3/1; On Deferred List

SB197 – Protection of Private Property Rights Against Local Regulations – SUPPORT

STATUS: Passed Senate (Vote); Referred to House committee; Amended 3/15. Hearing 4/3.

SB206 – Partisan School Board Elections at General Elections with 2-Year Terms – SUPPORT

STATUS: Referred to committee; Amended 2/15; On Deferred List.

SB231 – Cooling Off Period for Legislators to Become Lobbyist-Consultants – SUPPORT

STATUS: Referred to committee; Amended 3/6; Hearing 4/4.

HB1401 – Reduction in Cash Welfare Program – SUPPORT

STATUS: Passed House (Vote); Passed Senate (Vote); Signed into Law – Act 266 of 2023

HB1407 – Improving Election Integrity – SUPPORT

STATUS: Passed House (Vote); Amended 3/14. Passed Senate (Vote); Delivered to Governor.

HB1410 – Let Youth Work – No Government Certificate for Employment –SUPPORT

STATUS: Passed House (Vote); Passed Senate (Vote); Signed into law – Act 195 of 2023.

SB255 – No Outside Funding of Elections –SUPPORT

STATUS: Passed Senate (Vote); Amended 3/8; Passed House (Vote); Signed into law – Act 352 of 2023.

SB258 – No Absentee Drop Boxes for Elections – SUPPORT

STATUS: Passed Senate (Vote); Amended 3/8; Passed House (Vote); Signed into law – Act 353

HB1457 – Poll Watchers Bill of Rights – SUPPORT

STATUS: Amended 2/27 & 3/8. Passed House (Vote); Passed Senate (Vote); Delivered to Governor.

HB1491 – No New Tax Assessments without Legislative Review – SUPPORT

STATUS: Referred to House committee. On deferred list.

SB294 – AR LEARNS Act – Educational Freedom Accounts –SUPPORT

STATUS: Passed Senate (Vote); Passed House (Vote); Signed into law – Act 237 of 2023.

SB304 – Capping Superintendent Buyout Packages – SUPPORT

STATUS: Passed by Senate committee; Withdrawn by Author.

HB1510 – Special Election Reform – SUPPORT

STATUS: Amended 3/1; Passed House (Vote); Passed Senate (Vote); Signed into Law – Act 300 of 2023.

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

STATUS: Referred to House committee; Amended 3/14 & 3/28; Passed House (Vote); Referred to Senate Committee;

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

Status: Passed House (Vote); Passed Senate (Vote); Signed into Law – Act 338 of 2023

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

Status: Referred to Senate committee; no hearing scheduled. Fiscal Impact Issued – Total Spending Reduction of $867.4 million; Estimated tax cut of $80.4 million.

SB338 – Deregulation on Marketing Eggs – SUPPORT

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

HB1595 – No Annual Renewal Registrations for PACs – SUPPORT

STATUS: Passed House (Vote); Referred to Senate Committee – Hearing 4/4.

HB1599 – Increased Free Speech Contribution Limits – SUPPORT

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

HB1615 – Conscience Protection Act – SUPPORT

STATUS: Amended 3/27; Passed House Committee; House Calendar 4/3.

HB1616 – Publication Notices Allowed Online – SUPPORT

STATUS: Amended 3/27; Referred to House committee – hearing 4/3.

HB1661 – Full Repeal of Sales Tax on Food – SUPPORT

STATUS: Referred to House committee; On Deferred list