Week 4: AR Legislative Report 2021

February 1, 2021

How this Report Works:

Conduit will publish our weekly Legislative Report highlighting upcoming bills which affect the economic freedom of all Arkansans.

Similar to 2019, these bills will be considered for inclusion in the annual Conduit for Commerce, Inc. (CFC) Legislative Scorecard published after the Session. This scorecard reviews the Session votes of all 135 legislators. As in prior years, Conduit uses its flag-ship Economic Freedom Filter to determine which bills are appropriate for scoring and whether votes cast are “correct” or “incorrect.”

Each week this Legislative Report will be released to the public and sent individually to all 135 state legislators. It will include new bills and updates on previously reported bills. It is intended as a tool for a better understanding of a bill–what it does, its historical context, its real-world impact, as well as any carefully crafted language used to confuse.

If a legislator reviews these weekly reports before voting, they will learn our analysis and position on these economic bills and whether it: (1) Grows or shrinks government; (2) Increases or decreases dependency on government; and/or (3) Spends money the state does not have. Conduit will also evaluate bills that support or diminish government transparency.

Starting in 2020, “Present” or “Not Voting” votes cast by a legislator may be scored by CFC as an incorrect vote. (This will also be the position of the nation organization, Club for Growth [i], for its 2020 state scorecard.) We strongly encourage legislators to take all opportunities to cast a “yes” or a “no” vote and resist the weaker “less colleague-contentious path” of voting “Present’ or “Not Voting.”

Week 4 Summary of CFA Bill Analysis (see Details below):

OPPOSE

None this week.

SUPPORT

HB1227 – No Minimum Wage or Overtime While Off Duty for Truck Drivers – SUPPORT

HB1231 – Rejecting the 1619 Project in Public Schools – SUPPORT

HB1254 – APRN as Primary Care Provider within Medicaid Program – SUPPORT

HB1316 – Phasing Out and Ending the Soft Drink Tax – SUPPORT

SB186 – No Collaborative Practice Agreement for APRNs after 1,000 Hours – SUPPORT

SB205 – Transparency for the Rainy-Day Fund – SUPPORT

SB208 – Updated “Meeting” Definition for FOIA; Updated Groups Subject to FOIA – SUPPORT

Bill Details

HB1227 – No Minimum Wage or Overtime While Off Duty for Truck Drivers – SUPPORT

Rep. Jeff Wardlaw (R – Warren)

This bill codifies that the minimum wage and overtime compensation laws do not apply for truck drivers while they are off duty. It would also make clear that when a driver is engaged in personal activity that is not primarily furthering the employer’s work activity then the minimum wage act and overtime laws do not apply. This is a good bill that makes it clear that the high minimum wage in Arkansas and overtime compensation laws are not used while drivers are not truly working for their employer.

HB1231 – Rejecting the 1619 Project in Public Schools – SUPPORT

By: Rep. Mark Lowery (R – Maumelle)

This bill would strip proportionate funding from public schools who teach the New York Times “1619 Project” in their school. The “1619 Project” teaches that America did not in fact have its founding in 1776 with the Declaration of Independence but instead in 1619 with the rise of slavery. It is a revisionist history account of the U.S. and that its greatness is not because of the founding fathers writings and foundational truths in the Declaration of Independence and U.S. Constitution, but instead everything about America being great is due to slavery. This inaccurate history program rejects core principles of freedom, liberty, individual responsibility, faith in God, and other core principles that founded our great country. It will be used to further a socialist/communist propaganda that America must change from a capitalist constitutional republic to a socialist/communist totalitarian and fascist regime. This false teaching impacts future generations by denying them knowledge of the true benefits of economic freedom, transparency in government, and individual liberty.

HB1254 – APRN as Primary Care Provider within Medicaid Program – SUPPORT

By: Jeff Wardlaw – (R- Warren)

This bill would allow an Advanced Practice Registered Nurse (APRN) to serve as a primary care provider within the Medicaid program. Under federal law, each state has the option to allow an APRN to serve as a primary care provider (PCP) for Medicaid patients.[i] While APRNs can see Medicaid patients and provide services under a collaborative practice agreement with licensed physicians, current Arkansas law restricts an NP from serving as a PCP for Medicaid patients. Restrictions apply within the Medicaid program for those without a PCP and may force Medicaid patients to visit emergency rooms for costlier healthcare visits rather than visiting a known PCP in their area. A shortage of licensed physicians also leads to less supply of quality healthcare services for those in rural areas and on Medicaid.[ii]

Patients benefit from having a specific and consistent healthcare provider who can track their health and give them ongoing treatment and services to improve their health. These providers can recommend specialists to see if more specific care is needed. The Arkansas legislature should follow the lead of nearly half the states in this country and allow qualified APRNs to serve as a PCP and case managers within the Medicaid program, increasing access to care for Medicaid patients to have a PCP.

HB1316 – Phasing Out and Ending the Soft Drink Tax – SUPPORT

By: Rep. Lanny Fite (R – Benton)

This bill would gradually over several years phase out the soft drink tax. The syrup soft drink tax would drop from the current $1.26 per gallon down to 96.5 cents per gallon beginning in 2023. It would drop again to 47.3 cents per gallon beginning in 2024. And it would expire beginning in 2025. The tax on bottled soft drinks would drop from the current 20.6 cents per gallon, down to 15.5 cents per gallon in 2023, 7.7 cents per gallon in 2024, and expire in 2025. For FY2020, the soft drink tax brought in nearly $40 million so by phasing out this tax it will save taxpayers $40 million that will be kept in the economy rather than going to government.

SB186 – No Collaborative Practice Agreement for APRNs after 1,000 Hours – SUPPORT

By: Sen. Kim Hammer (R – Benton)

This bill would remove the requirement that an APRN must have a collaborative practice agreement with a physician to be able to practice to the full scope of their education and training and provide health services to the public. After 1,000 hours of supervised physician care an APRN would no longer be required to have a collaborative practice agreement.

Arkansas law currently restricts educated, trained, and licensed APRNs from providing health care services under burdensome mandatory collaborative practice agreements.[iii] These agreements require an APRN to sign up with, and potentially pay huge fees, to a licensed physician to practice to the full scope of the APRN’s training, including providing prescriptions to patients. These regulations increase costs and reduce access to care for Arkansans, especially in rural areas and those on Medicaid.

Currently, 22 states and Washington D.C. and the Veterans Administration have full practice for APRNs.[iv] The Trump administration’s Department of Health and Human Services released a report supporting the removal of these collaborative practice agreements and support for APRN expanded scope of practice, stating these agreements are not justified by legitimate health and safety concerns.[v] Research shows that by removing these agreements, access to healthcare will increase while maintaining quality of care.[vi] The Arkansas legislature should remove the government mandate for a collaborative practice agreement.

This bill (SB186) should be supported instead of HB1258.

SB205 – Transparency for the Rainy-Day Fund – SUPPORT

By: Sen. Jimmy Hickey (R – Texarkana)

This bill would provide transparency over the funds used from the Rainy-Day Fund, of which the Governor has great control and discretion. Any transfer, expenditures, agreed upon commitments, or other obligation of funds must be disclosed by the chief fiscal officer of the state to either the Legislative Council or the Joint Budget Committee. This would trigger a report of those funds and where they are going, with the report being distributed to the entire Legislative Council membership or Joint Budget Committee if during session.

SB208 – Updated “Meeting” Definition for FOIA; Updated Groups Subject to FOIA – SUPPORT

By: Sen. Dan Sullivan (R – Jonesboro)

This bill would make clear that “a meeting” is any gathering in which any matter (relating to a public entity) on which action may be taken by the governing body, is discussed in person, by telephone, electronically, or by other means of communication. This would make sure no secret meetings are held by phone, email, or text message. The bill makes clear that a meeting can even be between two or more members of a governing body. The bill also adds private groups who receive government funding or expend government funds to be subject to the freedom of information act (FOIA). This good transparency bill will cut down on secret meetings, provide more information to the public about what their tax dollars are used for, and will overall improve transparency in government for Arkansans.

Week 3 Summary of CFA Bill Analysis (see Details HERE):

OPPOSE

HB1030 – Ensuring Increases in Gas Tax Revenue – OPPOSE

STATUS: Referred to House Revenue and Tax Committee

HB1038 – Internet Sales Tax on Delivery Charges – OPPOSE

STATUS: Referred to House Revenue and Tax Committee

HB1045 – Defines Cigarette Paper to Include Vaping Products – OPPOSE

STATUS: Referred to House Revenue and Tax Committee

SB141 – Granting Power Over Election Changes to the Secretary of State During an Emergency – OPPOSE

STATUS: Referred to Senate State Agencies Committee

SUPPORT

HB1211 – Religious Freedom Protected During Emergencies – SUPPORT