Summary of the 2007 general session of the Arkansas Legislature | The Arkansas Democrat-Gazette

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SUMMARY OF GENERAL LEGISLATION

:::::

86TH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS 2007

January 8, 2007 - May 1, 2007

Bureau of Legislative Research

May 2007

Original PDF

http://showtime.ark…">Download a copy of the summary as a PDF

TABLE OF CONTENTS

REGULAR SESSION ACTS-- 1-129

AGRICULTURE--1

ALCOHOLIC BEVERAGES --2

BOARDS AND COMMISSIONS --3

CHILDREN--8

CITIES AND COUNTIES --10

CIVIL LAW AND PROCEDURE--17

COMMERCIAL LAW--18

CONSTITUTIONAL OFFICERS--20

CONSUMER PROTECTION--.20

CORRECTIONS --21

COURTS --.22

CRIMINAL LAW AND PROCEDURE--26

DISABLED PERSONS--.33

ECONOMIC DEVELOPMENT --33

EDUCATION - GENERAL--36

EDUCATION - HIGHER --.50

ELECTIONS --.55

EMERGENCY SERVICES --58

ENERGY--.59

ENVIRONMENTAL LAW --59

ETHICS--.61

FAMILY LAW--62

FINANCIAL INSTITUTIONS --67

FIRE PROTECTION --67

FIREARMS--.69

FREEDOM OF INFORMATION ACT--.69

GAMBLING AND AMUSEMENT DEVICES--69

GENERAL ASSEMBLY--70

HEALTH--.73

HIGHWAYS --.81

HOLIDAYS--.83

IMPROVEMENT DISTRICTS--83

INSURANCE--83

LABOR AND INDUSTRIAL RELATIONS--86

LAW ENFORCEMENT --.87

MANUFACTURED HOMES--.93

MILITARY AND VETERANS--.93

MOTOR VEHICLES --94

NATURAL RESOURCES--99

PROFESSIONS AND OCCUPATIONS --.101

PROPERTY RIGHTS AND INTERESTS --103

PUBLIC OFFICERS AND EMPLOYEES--105

PUBLIC PROPERTY --108

RACING--.109

RETIREMENT--.109

STATE AGENCIES--112

TAXES--.115

TECHNOLOGY--121

TOBACCO--.122

TOURISM--122

TRANSPORTATION --122

UTILITIES --.125

WELFARE AND GOVERNMENTAL ASSISTANCE --128

WILLS, ESTATES, AND TRUSTS --.128

PROPOSED CONSTITUTIONAL AMENDMENTS --.130

EFFECTIVE DATE OF ACTS--130

LEGISLATIVE SESSION DATES --.131

INDEX--134

AGRICULTURE

ALTERNATIVE FUELS DEVELOPMENT PROGRAM

Act 873 (HB1379) - The act creates the Arkansas Alternative Fuels Development

Program to be administered by the Arkansas Agriculture Department with the purpose of

providing grant incentives for alternative fuels producers, feedstock processors, and

alternative fuels distributors. The act also creates the Arkansas Alternative Fuels

Development Fund and repeals obsolete sections of the Arkansas Code related to

alternative fuels.

AQUACULTURE

Act 533 (HB1319) - The act transfers aquaculture business enterprises from the Arkansas

Development Finance Authority to the Arkansas Agriculture Department. The act

became effective March 28, 2007.

BIOFUELS STANDARD FOR STATE VEHICLES AND EQUIPMENT

Act 699 (SB237) - The act establishes a biofuels standard of a minimum of two percent

(2%) biofuels by volume for state vehicles and state equipment beginning on January 1,

2009. The act allows the Director of the Department of Finance and Administration to

grant a waiver for a variance from the standard. The act requires the Arkansas Bureau of

Standards of the State Plant Board to test and ensure the quality of alternative fuels used

in the state.

COOKING OIL FUELS

Act 690 (HB2706) - The act provides that for purposes of taxation, alternative motor

fuels made from cooking oils are not motor fuels, distillate special fuels, or liquefied gas

special fuels.

EQUINE IDENTIFICATION SYSTEM

Act 1585 (SB988) - The act requires the Arkansas Livestock and Poultry Commission to

develop rules establishing the criteria and training requirements for voluntary embedding

or injecting a chip for the purpose of animal identification. The commission is required

to establish a fine for failure to obtain proper certification prior to embedding or injecting

a chip for the purpose of equine animal identification.

FERTILIZER PREEMPTION ACT, UNIFORM STATE

Act 678 (HB2368) - The act creates the Uniform State Fertilizer Preemption Act to

prohibit cities and counties from enacting ordinances to regulate fertilizers.

LAND SURVEY, DIVISION OF

Act 752 (HB2628) - The act transfers the Division of Land Survey in the Office of

Commissioner of State Lands to the Arkansas Agriculture Department. The act becomes

effective on July 1, 2007.

LIVESTOCK SHOW, STATE

Act 130 (SB201) - The act clarifies the land that can be leased between the State of

Arkansas and the Arkansas Livestock Show Association and between the Arkansas

Livestock Show Association and the Arkansas Building Authority.

MILK STABILIZATION BOARD, ARKANSAS

Act 754 (HB2390) - The act creates the Arkansas Milk Stabilization Board. The act

became effective on April 2, 2007.

POULTRY LITTER TRANSPORTATION

Act 532 (HB1318) - The act creates the Surplus Nutrient Removal Incentives Act and

provides for economic development incentives for poultry litter transportation out of

nutrient surplus areas. The act became effective March 28, 2007.

RICE, OFFICIAL STATE GRAIN

Act 513 (HB2434) - The act designates rice as the official grain of the State of Arkansas.

AGRICULTURE

VALUATION PROCESS OF AGRICULTURAL, PASTURE, AND TIMBER LAND

Act 994 (HB2420) - The act requires the Assessment Coordination Department to

develop valuation tables, formulas reflecting productivity valuation, and capitalization

rates for use by county assessors for assessing land.

WINERY LICENSES

Act 668 (HB1651) - The act creates small farm winery licenses allowing wineries

producing under two hundred fifty thousand gallons (250,000 gals.) per year to produce

wine, sell wine at the winery and to wholesalers and retailers. The act repeals Arkansas

law concerning native wines. The act become effective March 29, 2007.

YOUNG AND BEGINNING FARMER ADVISORY BOARD, ARKANSAS

Membership and Meetings

Act 672 (HB1783) - The act revises the membership and meeting times of the Arkansas

Young and Beginning Farmer Advisory Board.

Representation on Arkansas Agriculture Board

Act 469 (HB1782) - The act adds a representative of the Arkansas Young and Beginning

Farmer Advisory Board to the Arkansas Agriculture Board.

ALCOHOLIC BEVERAGES

ALCOHOLIC BEVERAGE PERMITS

Act 457 (HB2604) - The act provides that a holder of a retail liquor permit who is located

in a city having a population of fewer than six hundred (600) persons and in a county

having a population of fewer than sixteen thousand (16,000) persons and located within

three (3) miles of a river that serves as a common boundary between that county and

another state may sell food on the licensed premises for off-premises consumption.

Act 735 (HB1500) - The act provides that an applicant for a permit from the Alcoholic

Beverage Control Division shall cause a notice of that fact to be published in a legal

newspaper for four (4) weeks and shall post a notice on the premises printed in black

lettering on a yellow background and at least eleven inches (11") by seventeen inches

(17") in size.

ALCOHOLIC BEVERAGE SUNDAY SALES

Act 1017 (HB2754) - The act provides that a large attendance facility in which parimutual

wagering has been authorized and which has a valid and current license or permit

to sell alcoholic beverages for consumption on its premises may sell alcoholic beverages

on Sundays between the hours of 12:00 a.m. and 2:00 a.m. and on Sundays between the

hours of 12:00 noon and 2:00 a.m. on the following Monday in addition to other times

authorized by law for selling alcoholic beverages for consumption on the premises. The

act became effective on April 3, 2007.

BEER ADVERTISING

Act 642 (HB2448) - The act permits Arkansas-licensed beer wholesalers to pay for

advertising devices at certain large attendance facilities.

BEER AND MALT BEVERAGE TAX REBATE

Act 1203 (HB2564) - The act provides that certain manufacturers of beer and malt

beverages are eligible for a tax rebate. The act became effective on April 4, 2007.

BEER KEGS

Act 254 (HB1442) - The act amends the registration requirements for beer kegs sold for

off-premises consumption.

BEER TAX

Act 869 (SB1004) - The act levies a special alcoholic beverage excise tax of one percent

(1%) on the retail sales of beer beginning July 1, 2007. The act became effective on

April 3, 2007.

ALCOHOLIC BEVERAGES

LIQUOR TRANSPORTATION EXCISE TAX

Act 666 (HB1518) - The act allows civil penalties to be administered by the Arkansas

Department of Finance and Administration for persons who buy liquor out of state and

fail to pay the excise tax when the liquor is transported and sold or consumed in this state.

MANUFACTURE OR SALE OF LIQUORS

Act 653 (HB2601) - The act repeals Arkansas Code Â§ 3-2-102, which prevents the

Governor from pardoning any person convicted of violating laws against the unlawful

manufacture or sale of liquors.

WINE, BEER, AND SPIRITS SAMPLING PERMITS

Act 455 (HB2397) - The act authorizes the Director of the Alcoholic Beverage Control

Division to issue annual sampling permits for wine, beer, or spirits or a combination of

sampling permits and sets the serving limits for tasting events.

WINERY LICENSES

Act 668 (HB1651) - The act creates small farm winery licenses allowing wineries

producing under two hundred fifty thousand gallons (250,000 gals.) per year to produce

wine, sell wine at the winery and to wholesalers and retailers. The act repeals Arkansas

law concerning native wines. The act became effective March 29, 2007.

BOARDS AND COMMISSIONS

ABSTRACTERS' BOARD OF EXAMINERS

Act 1042 (SB779) - The act abolishes the Abstracters' Board of Examiners and transfers

its powers and duties to the Arkansas Abstracters' Board.

AGRICULTURE BOARD, ARKANSAS

Act 469 (HB1782) - The act adds a representative of the Arkansas Young and Beginning

Farmer Advisory Board to the Arkansas Agriculture Board.

BLACK HISTORY COMMISSION OF ARKANSAS

Act 1601 (HB2676) - The act creates the Black History Commission of Arkansas to assist

the Arkansas History Commission. The Commissoner of Education is to cooperate with

the Black History Commission of Arkansas to develop the materials for a program of

historical contributions by the black race in Arkansas for inclusion in the curriculum

segment of Arkansas history.

BURIAL ASSOCIATION BOARD

Act 583 (SB275) - The act amends the documents and information required to be filed

with the Burial Association Board when applying for a certificate of authority by

removing the requirement that a surety bond of five thousand dollars ($5,000) be filed

with the board.

CHILD ABUSE/RAPE/DOMESTIC VIOLENCE COMMISSION, ARKANSAS

Domestic Peace Fund

Act 730 (SB975) - The act reallocates the portion of bail bond fees not needed to fund the

personal services and operating expenses of the Professional Bail Bond Company and

Professional Bail Bondsman Licensing Board to the Domestic Peace Fund administered

by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

Spousal Abuse Safety Plans

Act 1414 (HB2559) - The act creates the Spousal Abuse Safety Plan Act for education

and training on the prevention of and intervention in spousal abuse. Under the act, the

Arkansas Child Abuse/Rape/Domestic Violence Commission, in consultation with

experts on spousal abuse prevention and intervention, shall develop educational material

and training material to address spousal abuse issues.

BOARDS AND COMMISSIONS

CIVIL WAR SESQUICENTENNIAL COMMISSION, ARKANSAS

Act 635 (HB2369) - The act creates the Arkansas Civil War Sesquicentennial

Commission.

CLOSING THE ACHIEVEMENT GAP COMMISSION

Act 1002 (HB2514) - The act amends certain provisions concerning the Closing the

Achievement Gap Commission, including its membership, diversity, commissioners'

terms of office, training, resources, powers, and duties.

CMRS EMERGENCY TELEPHONE SERVICES BOARD

Act 582 (SB236) - The act changes the name of the CMRS Emergency Telephone

Service Board to the "Arkansas Emergency Telephone Services Board". The act also

increases the service charge on commercial radio service and applies the service charge

to wireless telephone service. The act became effective on March 28, 2007.

CODE REVISION COMMISSION

Act 436 (SB821) - The act requires the Code Revision Commission to prepare initial

drafts of corrective legislation no later than April 1 of the next calendar year following

the adjournment of each session.

COSMETOLOGY, STATE BOARD OF

Act 244 (HB1368) - The act changes the composition and requirements of the State

Board of Cosmetology. The act became effective on March 9, 2007.

COUNTY BOARD OF ELECTION COMMISSIONERS

Act 222 (SB224) - The act amends various Arkansas election laws, including provisions

concerning political practices pledges, county committee members, the duties of the

county board of election commissioners, and information to be posted at polling sites.

EDUCATION, STATE BOARD OF

Act 344 (HB1563) - The act clarifies the membership requirements for the State Board of

Education.

ELECTION COMMISSIONERS, STATE BOARD OF

Act 559 (HB2359) - The act amends various provisions of Arkansas law concerning the

State Board of Election Commissioners, including revising information required to be

submitted to the board by the county boards of election commissioners and removing the

board's authority to appoint third members of the county boards of election

commissioners and certify candidate names and titles.

ELEVATOR SAFETY BOARD

Act 1000 (HB2493) - The act adds a member to the Elevator Safety Board to be

appointed by the Governor.

ETHICS COMMISSION, ARKANSAS

Act 221 (SB59) - The act revises various laws pertaining to the Arkansas Ethics

Commission, including increasing the amount of fines the commission may impose,

amending the particulars of certain reports to be filed with the commission, and requiring

all out-of-state political action committees to designate resident agents who reside in the

state.

EYE AND VISION CARE OF SCHOOL-AGE CHILDREN, ARKANSAS COMMISSION

Act 138 (HB1196) - The act continues the Arkansas Commission on Eye and Vision Care

of School Age Children and creates the School-Age Children Eye and Vision Care Fund.

The act became effective January 30, 2007.

FAIR HOUSING COMMISSION, ARKANSAS

Act 178 (SB171) - The act changes the meeting requirements of the Arkansas Fair

Housing Commission from once per month to at least quarterly.

BOARDS AND COMMISSIONS

FIRE AND POLICE PENSION REVIEW BOARD, ARKANSAS

Act 73 (HB1234) - The act makes technical corrections to several statutes concerning the

operation of the Arkansas Fire and Police Pension Review Board.

FIRE PREVENTION COMMISSION, STATE

Act 708 (SB402) - The act modifies the membership of the State Fire Prevention

Commission.

GEOLOGICAL COMMISSION, ARKANSAS

Act 129 (SB198) - The Arkansas Geological Commission is renamed the Arkansas

Geological Survey.

HEARING INSTRUMENT DISPENSERS, ARKANSAS BOARD OF

Act 428 (SB404) - The act clarifies the licensure and internship process for the Arkansas

Board of Hearing Instrument Dispensers and increases fees for hearing instrument

dispenser licenses.

LAW ENFORCEMENT STANDARDS AND TRAINING, ARKANSAS COMMISSION

Act 841 (HB2302) - The act sets training requirements for a constable to carry a firearm

and standards for constable uniforms and motor vehicles used by constables. The

Arkansas Commission on Law Enforcement Standards and Training is required to

develop the constable training program. The act also authorizes the Arkansas Crime

Information Center to permit a constable to have access to the center's information if the

constable has completed required training.

LIQUIFIED PETROLEUM GAS BOARD

Act 733 (SB994) - The act modifies the composition of the Liquified Petroleum Gas

Board, authorizes the board to issue permits that may be statewide, and increases the fees

for various permits.

MEDICAL BOARD, ARKANSAS STATE

Act 655 (HB2678) - The act transfers regulatory authority over radiologist assistants and

radiology practitioner assistants to the Arkansas State Medical Board.

MEDICAL PROFESSIONS

Act 123 (HB1323) - The act allows the Arkansas State Medical Board, the Arkansas

State Board of Dental Examiners, or the Arkansas State Board of Optometry to discipline

a licensee of the respective board if the licensee has been found in violation of a statute or

regulation governing the respective profession in another state.

MILK STABILIZATION BOARD, ARKANSAS

Act 754 (HB2390) - The act creates the Arkansas Milk Stabilization Board. The act

became effective on April 2, 2007.

NATURAL RESOURCES COMMISSION, ARKANSAS

Act 691 (HB2707) - The act modifies the duties of the Arkansas Natural Resources

Commission in regard to protection of water service areas and gives the state more

options concerning borrowers of water loans.

NEWBORN UMBILICAL CORD BLOOD BANK INITIATIVE, ARKANSAS

COMMISSION FOR THE

Act 695 (HB2416) - The act creates the Arkansas Commission for the Newborn

Umbilical Cord Blood Bank Initiative to provide for the use of postnatal tissue and fluid

for improved and expanded stem cell research.

NURSING, ARKANSAS STATE BOARD OF

Act 205 (HB1434) - The act allows licensed psychiatric technician nurses to be members

of the Arkansas State Board of Nursing and removes obsolete, temporary language.

BOARDS AND COMMISSIONS

NURSING, ARKANSAS STATE BOARD OF

Act 206 (HB1435) - The act revises the qualifications for licensure as a medication

assistive person, makes misconduct by medication assistive persons a misdemeanor, and

adds a nursing teacher to the Medication Assistive Person Advisory Committee.

ORTHOTICS, PROSTHETICS, PEDORTHICS

Act 174 (HB1229) - The act creates the Arkansas Orthotics, Prosthetics, and Pedorthics

Advisory Board and oversight procedures for the practice of orthotics, prosthetics, and

pedorthics.

PHARMACY, ARKANSAS STATE BOARD OF

Internet Pharmacies

Act 128 (SB189) - The act prohibits Internet sales into Arkansas of prescription drugs if

the patient has not actually consulted a prescribing practitioner and authorizes the

Arkansas State Board of Pharmacy to regulate Internet prescription drug sales. The act

became effective on February 21, 2007.

Pharmacy Technicians in Charitable Clinics

Act 435 (SB800) - The act allows the Arkansas State Board of Pharmacy to waive permit

fees for pharmacy technicians working as volunteers in charitable clinics.

PROFESSIONAL ENGINEERS AND LAND SURVEYORS, STATE BOARD OF

REGISTRATION FOR

Act 1051 (SB900) - The act directs the State Surveyor to receive and refer any complaint

against a surveyor to the State Board of Registration for Professional Engineers and Land

Surveyors and to participate in the review of a survey if requested by the board.

PROFESSIONAL LICENSURE STANDARDS BOARD

Act 846 (HB2792) - The act repeals the Professional Education, Development, Licensure,

and Assessment Board, and creates the Professional Licensure Standards Board.

PUBLIC SERVICE COMMISSION, ARKANSAS

Major Electric Transmission Facility

Act 658 (HB2697) - The act prohibits the construction of a major electric transmission

facility within a national interest electric transmission corridor until the Arkansas Public

Service Commission issues a certificate of environmental compatibility and public need.

The act also confers eminent domain power on any entity granting the certificate for the

construction of the major electric transmission facility. The act became effective on

March 28, 2007.

Net Metering

Act 1026 (HB2334) - Effective January 1, 2008, the Arkansas Public Service

Commission shall require each electric utility to credit a net-metering customer with any

accumulated net excess generation until the close of the utility's annual billing cycle at

which time any net excess generation credit expires. Under this act, any renewable

energy credit created as the result of electricity supplied by a net-metering customer is the

property of the net-metering customer that generated the renewable credit.

Renewable Energy Resources

Act 755 (HB2812) - The act authorizes the Arkansas Public Service Commission to

require a regulated electric public utility to consider renewable energy resources as part

of its resource plan. If the commission approves the renewable energy resource, it may

allow the utility to implement a surcharge to recover a portion of the cost of that resource.

BOARDS AND COMMISSIONS

PUBLIC SERVICE COMMISSION, ARKANSAS

Retention of Attorneys and Consultants

Act 647 (HB2543) - The act allows the Arkansas Public Service Commission to retain

attorneys and consultants in federal proceedings and to recover the costs of retaining

those persons from the affected public utility if it is an electric public utility owned by a

public holding company. In that event, the electric public utility may surcharge its

customers to recover any costs paid by the utility to the commission. The act became

effective on March 28, 2007.

RACING COMMISSION, ARKANSAS

Act 856 (SB588) - The act permits the Arkansas Racing Commission to set license fees

and conduct criminal background checks on license applicants and employees. The act

became effective on April 3, 2007.

RESIDENTIAL BUILDING CONTRACTORS COMMITTEE

Act 84 (HB1287) - The act provides a maximum of three (3) three-year terms for

members of the Residential Building Contractors Committee.

SANITATION AUTHORITIES

Act 595 (SB812) - The act increases the per diem allowance to one hundred fifty dollars

($150) for attending each meeting of the board of directors of a sanitation authority

unless the board sets a different per diem allowance by board resolution.

SENATE CONFIRMATION OF APPOINTEES

Act 151 (SB10) - The act requires the Governor to submit to the Senate within 30 days

after the convening of the General Assembly regular or special session the names of

appointees to boards and commissions that are subject to Senate confirmation. The act

became effective on February 28, 2007.

SOLID WASTE MANAGEMENT BOARDS

Act 209 (HB1449) - The act places regulation of regional solid waste management boards

under the Director of the Arkansas Department of Environmental Quality and requires

that regional solid waste management boards both adopt and follow purchasing rules.

STIPENDS

Act 67 (HB1007) - The act provides that stipends shall be awarded to members of certain

state boards per day for each meeting, examination, evaluation, or inspection attended or

for any days while performing proper business and includes the State Athletic

Commission and the Arkansas Community Assistance Commission among the covered

boards.

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES OVERSIGHT BOARD

Act 514 (SB996) - The act creates the Temporary Assistance For Needy Families

Oversight Board and amends the law regarding public assistance. The act became

effective on March 27, 2007.

TOWING AND RECOVERY BOARD, ARKANSAS

Act 607 (SB967) - The act authorizes the Arkansas Towing and Recovery Board to

promulgate rules that permit towing vehicles licensed by another state to operate in this

state.

YOUNG AND BEGINNING FARMER ADVISORY BOARD, ARKANSAS

Membership and Meetings

Act 672 (HB1783) - The act to revise the membership and meeting times of the Arkansas

Young and Beginning Farmer Advisory Board.

Representation on Arkansas Agriculture Board

Act 469 (HB1782) - The act adds a representative of the Arkansas Young and Beginning

Farmer Advisory Board to the Arkansas Agriculture Board.

CHILDREN

ABUSE OF RELATIONSHIP OF SUPERVISION AND TRUST

Act 531 (HB1311) - Under this act, it is an offense of sexual indecency with a child if a

person over eighteen (18) years of age for his or her own sexual gratification or for

another person's sexual gratification exposes his or her sex organs or causes a child to

expose his or her sex organs and the person is employed as a correctional employee or

jail employee for the child's facility, a professional in a position of trust to the child, or

the child's guardian.

ABUSED AND NEGLECTED CHILDREN, ARKANSAS LEGISLATIVE TASK FORCE

Act 703 (SB303) - The act implements the findings of the Arkansas Legislative Task

Force on Abused and Neglected Children; enhances the confidentiality of items that

depict the sexual exploitation of a child by classifying them as contraband; requires the

Department of Arkansas State Police to investigate all cases of severe child maltreatment;

creates child safety centers; improves the operations of the abuse and neglect hot line;

and improves enforcement of child abuse and neglect law.

Act 1035 (SB293) - The act amends the composition of the Arkansas Legislative Task

Force on Abused and Neglected Children to add the following: four (4) members to be

appointed by the Governor; the Chief Counsel of the Department of Health and Human

Services or his or her designee; and a representative or employee of a child advocacy

center. The act also modifies the reimbursement allowance for legislative members of

the task force and allows the task force to use study expenses for the calling of expert

witnesses to testify if the expenditure is approved by the Legislative Council. The act

ends the task force on December 31, 2008.

ADOPTIONS

Act 539 (HB1485) - The act amends the Revised Uniform Adoption Act, Arkansas Code

Â§ 9-9-201 et seq., and the streamline adoption law to allow the court to issue a final

decree of adoption after a child's death upon request of an adoptive parent and to require

a home study to include a national fingerprint-based criminal background check of the

adoptive parent and all household members sixteen (16) years of age or older. The act

clarifies the application for a new birth record for an adopted child and clarifies

procedures for streamlined adoptions by the Department of Health and Human Services.

BATTERY IN THE FIRST DEGREE

Act 622 (HB2257) - The act increases the penalty classification for battery in the first

degree from a Class B felony to a Class Y felony if a person knowingly causes serious

physical injury to any person four (4) years of age or younger under circumstances

manifesting extreme indifference to the value of human life.

BEHAVIORAL HEALTH CARE SERVICES

Act 1593 (HB2358) - The act establishes a system of behavioral health care services for

children and youth.

CHILD CARE FACILITIES EMERGENCY PREPAREDNESS

Act 816 (HB2211) - The act requires the Division of Child Care and the Early Childhood

Education of the Department of Health and Human Services and the Arkansas

Department of Emergency Management to create a statewide emergency preparedness

system for child care facilities.

CHILDREN

CHILD MALTREATMENT

Child Maltreatment Hearings

Act 161 (HB1288) - The act requires the Department of Health and Human Services to

provide the hearing officer in a child maltreatment hearing and the respondent with notice

of the final status of any juvenile division of circuit court proceeding involving the victim

if the child maltreatment at issue in the administrative hearing proceeding is also an issue

in the juvenile division of circuit court proceeding.

Child Maltreatment Reporting

Act 284 (SB331) - The act makes various amendments to the Arkansas Child

Maltreatment Act, including making changes to the definition of "neglect" to include the

presence of an illegal substance in a mother's fluids or bodily substances and adding

social workers in a hospital to the list of mandatory reporters of neglect.

Child Maltreatment Reporting and Investigations

Act 586 (SB369) - The act amends the Arkansas Child Maltreatment Act, Arkansas Code

Â§ 12-12-501 et seq., to improve the safety of children by clarifying the definition of

sexual abuse; requiring a mandated reporter who made notification of child maltreatment

to be notified as to whether an investigation has been conducted and whether services

were offered related to the notification; adding an employee of a child advocacy center to

the list of mandated reporters of child maltreatment; and focusing child maltreatment

investigations on whether the alleged offender has access to the child and whether the

child is at risk.

CHILD PLACEMENT

Act 372 (HB2239) - The act makes various changes to the interstate compact regarding

the placement of children, adds the definition of "home study" relating to an investigation

placement, and requires extended compliance with the compact for guardianships.

CHILD WELFARE AGENCY LICENSING ACT

Act 634 (HB2357) - The act makes various changes to the Child Welfare Agency

Licensing Act.

CUSTODY AND VISITATION

Act 301 (HB1345) - The act adds a provision to the child custody and visitation law to

require a court to consider a temporary modification of custody or visitation, instead of a

permanent modification, if one (1) of the parents is a member of the armed forces who

has been called to active duty or received orders for duty that is outside the state or

country. The act became effective on March 16, 2007.

FOSTER CHILD'S DRIVER'S LICENSE

Act 216 (SB247) - The act allows the Director of the Division of Children and Family

Services of the Department of Heath and Human Services to authorize an employee of

the department or the foster parent to sign the driver's license application for a child

under eighteen (18) years of age who is in the custody of the department. The act also

prohibits an authorized department employee or authorized foster parent from being held

liable for the child's negligence or willful misconduct when driving a motor vehicle.

FOSTER PARENT SUPPORT ACT

Act 725 (SB955) - The act creates a system of social services to support and aid foster

parents.

INTERNET STALKING OF A CHILD

Act 38 (HB1013) - The act increases the penalty classification for Internet stalking of a

child from a Class C felony to a Class B felony if a person attempts to arrange a meeting

with a child fifteen (15) years of age or younger, or an individual that the person believes

to be fifteen (15) years of age or younger, even if a meeting with the child or individual

never takes place. The act became effective on January 30, 2007.

CHILDREN

JUVENILE ASSESSMENT AND TREATMENT CENTER, ARKANSAS

Act 855 (SB569) - The act renames the Alexander Youth Services Center as the Arkansas

Juvenile Assessment and Treatment Center.

JUVENILE JUSTICE SYSTEM

Educational Outcomes for Committed Juveniles

Act 643 (HB2490) - The act requests that the House Interim Committee on Aging,

Children and Youth, Legislative and Military Affairs and the Senate Interim Committee

on Children and Youth study the juvenile justice system regarding the educational

outcomes of juveniles who have been committed to the Division of Youth Services of the

Department of Health and Human Services or who are otherwise being detained in

juvenile detention centers.

Juvenile Code

Act 587 (SB370) - The act amends provisions of the Arkansas Juvenile Code of 1989,

Arkansas Code Â§ 9-27-301 et seq., including the right of a foster child to continuity of

educational services, definitions, and procedural issues related to jurisdiction, venue, and

hearings. The act also amends provisions related to dependency-neglect proceedings

regarding confidentiality, dispositions, termination of parental rights, emergency orders,

and hearings. The act amends provisions related to juvenile delinquency proceedings and

families in need of services. The act clarifies the payment procedure for attorneys who

represent indigent parents or guardians in dependency-neglect cases.

Juvenile Court Jurisdiction

Act 257 (HB1475) - The act amends the jurisdiction of juvenile courts to ensure that a

felony or misdemeanor that is committed by a juvenile before the juvenile is eighteen

(18) years of age may be prosecuted in the juvenile division of circuit court when the

juvenile is eighteen (18) years of age or older. The act became effective on March 9,

2007.

Protection of Juvenile Health Records

Act 742 (HB2248) - The act provides protection against the release of confidential

juvenile health records and information compiled and received by a juvenile detention

facility or a community-based provider for the Division of Youth Services of the

Department of Health and Human Services. The act provides numerous exceptions for

the released health-related documents.

SUBSIDIZED GUARDIANSHIPS

Act 621 (HB2256) - The act, known as the "Arkansas Subsidized Guardianship Act",

creates a program for subsidizing guardianships for children through the Department of

Health and Human Services.

CITIES AND COUNTIES

ABANDONED VEHICLES

Act 100 (HB1182) - The act gives municipal code enforcement officers the power to tag

unattended or abandoned vehicles on a public way.

CITIES AND COUNTIES

ADULT-ORIENTED BUSINESSES

Act 387 (HB1536) - The act provides that an adult-oriented business shall not be located

within one thousand feet (1,000 ft.) of a child care facility, park, place of worship,

playground, public library, recreational area or facility, residence, school, or walking

trail. The act authorizes a civil action and criminal penalties for a violation of the

location limitation.

ADVERTISING AND PROMOTION COMMISSION

Act 390 (HB1789) - The act authorizes advertising and promotion commissions to

purchase and own property.

Act 464 (HB1586) - The act modifies the law related to the advertising and promotion

taxes levied by cities of the first class with a population of fewer than five thousand

(5,000) to ensure that the taxes are levied and collected on all entities that provide

lodging and sales by retail businesses. The act also amends the composition of the

advertising and promotion commissions created under this act to ensure adequate

representation. Procedures for filling the vacancies that occur on these cities' advertising

and promotions commissions are also added to clarify current law.

ALDERMEN

Act 188 (HB1499) - The act changes the municipal population requirement to twenty

thousand (20,000) or more to give more cities the authority to fill vacancies in certain

alderman positions.

Act 601 (SB872) - The act provides that a city alderman may take his or her oath before

the mayor of the municipality.

CEMETERIES

Act 430 (SB637) - The act permits a city or county to enter into an agreement with the

Arkansas Cemetery Board to create a partnership to manage, operate, maintain, and

preserve insolvent licensed perpetual care cemeteries. The act became effective on

March 22, 2007.

CITY CLERK AND CITY TREASURER FINANCIAL REPORTS

Act 71 (HB1183) - The act clarifies that in cities of the first class the city clerk, the city

clerk-treasurer, or the city treasurer, as the case may be, shall be required to submit

financial reports.

CITY MANAGER FORM OF GOVERNMENT

Act 689 (HB2658) - The act authorizes and prescribes the procedure for an election in a

municipality with a city manager form of government to increase the authority of the

mayor. The act became effective on March 29, 2007.

Act 729 (SB972) - The act states under what conditions a reorganization of a city

manager form of government shall be effective and removes population restrictions. The

act allows the board of directors in a city manager form of government to provide by

ordinance that the duties of the city manager will be performed at the direction of the

mayor. The act became effective on March 30, 2007.

COMPETITIVE BIDDING

Act 13 (HB1093) - The act adds used steel to the statute that exempts certain county

purchases from competitive bidding procedures.

COUNTY ADMINISTRATION

Act 75 (HB1302) - The act permits a county to issue checks in duplicate form.

Act 126 (SB108) - The act limits a county's authority to regulate unsanitary conditions on

a parcel of land larger than ten (10) acres that is not visible from a public road or

highway.

CITIES AND COUNTIES

COUNTY APPEALS

Act 565 (HB2452) - The act allows a county quorum court to act as a board of

administrative appeal from a decision of the county planning board except in regard to

roads. The act also allows a county quorum court to act as a board of administrative

appeal from a decision of the board of zoning adjustment except in regard to roads.

COUNTY ASSESSOR CONTINUING EDUCATION

Act 259 (HB1492) - The act increases the amount of funding for a county assessor's

continuing education to six hundred dollars ($600) per year.

COUNTY CLERK DELIVERY OF WILL

Act 652 (HB2581) - The act provides that the county clerk shall, upon the testator's death,

deliver the will to the person named in the endorsement on the wrapper of the will if that

person requests the will either in person or in writing.

COUNTY CLERK FUNDS

Act 745 (HB2323) - The act redirects marriage license fees collected by county clerks

into the county clerk's cost fund.

COUNTY HOSPITALS

Act 561 (HB2382) - The act simplifies the process for operating county hospitals by

allowing the board of governors to expire when a county leases the county's hospital.

COUNTY JAILS

Act 117 (HB1022) - The act provides that a person convicted of a felony or Class A

misdemeanor shall be assessed a booking and administration fee of twenty dollars

($20.00) to be used exclusively for the maintenance, operation, and capital expenditures

of a county jail or regional detention facility. The act became effective on February 16,

2007.

COUNTY PURCHASING

Act 249 (HB1407) - The act increases the purchase amount triggering certain purchasing

procedures by a county to twenty thousand dollars ($20,000).

COUNTY REGULATION OF UNSANITARY CONDITIONS

Act 250 (HB1413) - The act clarifies the statute concerning regulation of unsanitary

conditions by counties.

COUNTY ROAD SPEED LIMITS AND TRAFFIC-CONTROL DEVICES

Act 667 (HB1579) - The act clarifies the authority of county judges to establish speed

limits on county roads within the jurisdictional boundaries of his or her county and

requires a traffic-control device that is erected on a county road to conform to the

uniform manual on traffic-control devices adopted by the State Highway Commission.

COUNTY TREASURER AND COLLECTOR CONTINUING EDUCATION

Act 246 (HB1378) - The act increases county treasurer and county collector continuing

education funds.

COURTS

Court Records

Act 627 (HB2319) - Under existing law, counties are required to maintain circuit court

records in accordance with a retention schedule. The act requires towns, cities, and

counties to maintain records for district courts and city courts in accordance with a

retention schedule.

District and City Courts

Act 663 (SB235) - The act creates the District Court Resource Assessment Board to make

recommendations concerning district court judgeships to the General Assembly.

Effective January 1, 2008, the act creates certain pilot state district courts. Effective

January 1, 2012, the act consolidates city courts with district courts unless the city court

has been abolished by a town or city ordinance.

CITIES AND COUNTIES

COURTS

Quorum Courts

Act 17 (HB1043) - The act allows a quorum court to appropriate up to one hundred

percent (100%) of anticipated annual revenues from a dedicated sales and use tax.

Act 144 (SB187) - The act gives quorum courts the ability to pass ordinances concerning

private communities.

CROSS COUNTY

Act 383 (HB2276) - The act requires the Cross County office of sheriff and tax collection

to be separated by January 1, 2009. The electors of Cross County are required to elect a

sheriff and a tax collector during the 2008 general election.

DEPUTY TREASURERS

Act 122 (HB1320) - The act modernizes the procedure for appointment of a deputy

treasurer to require that the appointment be in writing, signed by the county treasurer, and

recorded in the county recorder's office.

DISPOSAL OF OBSOLETE MUNICIPAL PROPERTY

Act 661 (HB2793) - The act gives municipalities several options for disposal of obsolete

municipal property.

EMPLOYEE VACANCIES IN PUBLIC OFFICE

Act 62 (HB1177) - The act clarifies the procedure for filling a vacancy in the office of

recorder, treasurer, or recorder-treasurer in a city of the second class.

EQUALIZATION BOARDS

Act 12 (HB1086) - The act allows a mayor to designate a voting representative for the

mayor to attend the county equalization board selection meeting.

FEES AND TAXES

Admission Tickets

Act 657 (HB2692) - The act gives counties the same tax benefits as municipalities when

selling admission tickets to certain events.

Collection of Delinquent Taxes

Act 553 (HB2267) - The act adds county tax collectors or treasurers to the statute that

provides for the collection of delinquent taxes through a setoff against a state tax refund.

Development Impact Fees

Act 310 (SB298) - The act clarifies the definition of "development impact fee" to include

any fee or charge imposed by a municipality or municipal service agency related to the

use and occupancy of a development.

Recording Fees

Act 615 (HB1299) - The act increases the fees charged by county recorders for recording

certain instruments, requires the transfer of any funds held in the county recorder's cost

fund in excess of one million dollars ($1,000,000) to the county general fund, and

establishes the Automated Records Systems Fund and Automated Record Systems Fund

Committee to administer the Automated Records Systems Fund.

Telephone Company Franchise Fees

Act 477 (HB1657) - The act authorizes cities and towns to collect an additional franchise

fee from telephone companies.

Valuation Process of Agricultural, Pasture, And Timber Land

Act 994 (HB2420) - The act requires the Assessment Coordination Department to

develop valuation tables, formulas reflecting productivity valuation, and capitalization

rates for use by county assessors for assessing land.

FERTILIZER ORDINANCES PROHIBITED

Act 678 (HB2368) - The act creates the Uniform State Fertilizer Preemption Act to

prohibit cities and counties from enacting ordinances to regulate fertilizers.

CITIES AND COUNTIES

INDUSTRIAL REVENUE BONDS

Act 644 (HB2492) - The act requires a municipality to make a one-time publication of a

copy of the municipal ordinance authorizing the issuance of industrial revenue bonds in a

newspaper of general circulation in the municipality. The act became effective on March

28, 2007.

LIENS FOR PROPERTY CLEANUP

Act 854 (SB372) - The act provides cities and towns with the ability to secure a clean-up

lien on property after work has been undertaken to remove, abate, or eliminate a

condition in violation of local codes.

LITTER CONTROL ACT

Act 377 (HB1180) - The act gives municipal code enforcement officers the power to

enforce laws governing discarded items on public and private property.

LOCAL GOVERNMENT BONDS

Act 603 (SB902) - The act prescribes circumstances in which indentures are not required

to be published. The act also allows a city or county legislative body to levy a local sales

and use tax in an amount that is a combination of any amount previously allowed by

statute to retire bonds.

MUNICIPAL ANNEXATION

Act 150 (HB1450) - The act modifies annexation law to include situations in which

property lies on a state boundary line.

MUNICIPAL ELECTIONS

Act 149 (HB1447) - The act changes the filing period for independent candidates to not

more than eighty (80) days nor less than sixty (60) days prior to the general election.

Act 234 (SB287) - The act clarifies the procedure for special elections for mayor or

director vacancies in municipalities with a city administrator form of government.

Act 580 (SB204) - The act extends the filing period to become a candidate for mayor or

director in a city with the city administrator form of government, providing that the filing

shall be made not less than sixty (60) nor more than eighty (80) days prior to the primary

election.

MUNICIPAL ELECTRIC UTILITY SURPLUS REVENUE

Act 1609 (HB2308) - The act allows a municipal electric utility to use surplus revenues

from the operation of a municipal electric utility to provide assistance to low-income

customers of the utility under certain circumstances. The act became effective on April

10, 2007.

MUNICIPAL IMPROVEMENT DISTRICTS

Quarterly Financial Reports

Act 132 (SB212) - The act requires quarterly financial reports to be prepared by

municipal improvement districts.

Treasurer Duties

Act 131 (SB211) - The act clarifies that a treasurer of a municipal improvement district

shall pay out moneys upon order of the board and approval by the chair.

MUNICIPAL INCORPORATION

Act 118 (HB1179) - The act clarifies the portions of territory that can be approved for

incorporation as a municipality.

MUNICIPAL OFFICERS AND EMPLOYEES

Public Employees' Retirement System, Arkansas

Act 299 (HB1242) - The acts adds suburban improvement districts to the definition of

"participating public employer".

CITIES AND COUNTIES

MUNICIPAL OFFICERS AND EMPLOYEES

Retiree Cost-Of-Living Adjustments

Act 293 (HB1085) - The act allows for cost-of-living adjustments for mayors, city clerktreasurers,

recorder-treasurers, and treasurers in cities of the first class and cities of the

second class who retire under state-authorized local plans under certain circumstances.

Retirement and Death Benefits

Act 158 (HB1085) - The act allows death benefits to be granted at the option of the

municipality's governing body to a spouse upon the death of a city clerk, clerk-treasurer,

recorder-treasurer, or treasurer in cities of the first class and cities of the second class

who retired or is eligible to retier from the position.

MUNICIPAL POLICE

Police Department Personnel

Act 137 (HB1176) - The act allows municipal police department personnel to issue traffic

citations at an accident scene.

Property Exchange

Act 433 (SB766) - The act allows a municipal police department to exchange real or

personal property with another municipal police department.

Public Employees' Retirement System, Arkansas

Act 290 (HB1023) - The act provides that Arkansas Code Â§ 24-10-304(b) concerning the

transfer of municipal police department officers from the Arkansas Public Employees'

Retirement System does not apply if an employee hired after July 1, 1997, is a member of

the Arkansas Public Employees' Retirement System at the time of the hiring and

continues to receive public safety credit from prior and current employment.

MUNICIPAL RECREATION IMPROVEMENT DISTRICTS

Act 152 (SB188) - The act gives municipal recreation improvement districts the option of

instituting a foreclosure action to attempt to collect delinquent assessments.

NOTIFICATION OF DEATH

Act 594 (SB806) - The act provides that the county coroner, the chief law enforcement

official of the county and municipality in which a death occurs, and the Department of

Health and Human Services shall be promptly notified if a death poses a potential threat

to public health or safety.

PAWNSHOP ORDINANCE

Act 262 (HB1523) - The act permits a city or county to pass an ordinance to require

pawnshops and pawnbrokers to submit electronic records to a centralized tracking

system. The act became effective March 9, 2007.

POLICE AND FIRE DEPARTMENT CIVIL SERVICE RULES

Act 743 (HB2285) - The act modifies age requirements for civil service for police and

fire departments.

PROPERTY ASSESSMENT DATA

Act 685 (HB2621) - The act authorizes the Assessment Coordination Department to view

and obtain data from various electronic technologies available for computer-assisted mass

appraisal systems.

RECREATION AND PLAYGROUNDS

Act 63 (HB1178) - The act repeals the statute that prohibited state aid from being used

for municipal recreational purposes.

SALARY SCHEDULE FOR ELECTED COUNTY OFFICERS

Act 526 (HB1186) - The act increases the minimum and maximum compensation

schedule for elected county officers.

CITIES AND COUNTIES

SANITATION AUTHORITIES

Act 595 (SB812) - The act increases the per diem allowance to one hundred fifty dollars

($150) for attending each meeting of the board of directors of a sanitation authority

unless the board sets a different per diem allowance by board resolution.

SEWAGE DISPOSAL SYSTEMS

Advisory Committees

Act 189 (HB1503) - The act clarifies the membership of the individual sewage disposal

systems advisory committee and empowers the committee to enforce rules pertaining to

individual sewage disposal systems.

Arkansas Sewage Disposal Systems Act

Act 939 (HB1753) - The act updates the Arkansas Sewage Disposal Systems Act.

SOLID WASTE AND WASTEWATER DISPOSAL - BOND FINANCING

Act 599 (SB852) - The act clarifies the procedure and requirements for advertising and

holding a public hearing prior to an issuance of bonds under the Joint County and

Municipal Solid Waste Disposal Act and makes technical corrections to the act. The act

became effective March 28, 2007.

SUBDIVISION RETURN TO ACREAGE

Act 14 (HB1122) - The act requires a county court to notify a city or an incorporated

town when a subdivision plat is returned to acreage.

TEACHER CONTRACTS NO LONGER FILED WITH COUNTY CLERK

Act 710 (SB772) - The act repeals the requirement that teacher contracts and licenses be

filed with the county clerk and directs the county clerk, and a county treasurer who no

longer acts as the school district treasurer, to appropriately destroy teacher contracts and

licenses.

UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT

Act 734 (HB1298) - The act adopts the Uniform Real Property Electronic Recording Act

of the National Conference of Commissioners on Uniform State Laws and makes

conforming changes to existing law.

VOLUNTEER FIRE DEPARTMENT DUES

Act 96 (SB107) - The act requires a county quorum court to include businesses having an

occupiable structure for an election to levy dues for a volunteer fire department. The

existing law only required that the volunteer fire department dues be levied on residences.

WASTEWATER BILLING

Act 360 (HB1607) - The act amends the procedure for the collection of delinquent

municipal, county, district, or rural water or wastewater bills.

WATER DISTRICTS

Act 863 (SB827) - The act changes the make-up of a water district's board of directors for

water districts that contain fewer than four (4) counties.

WATER SYSTEMS

Freedom Of Information Act Exemption

Act 998 (HB2471) - The act extends a public water system's exemption from the

Freedom of Information Act's public disclosure requirements until July 1, 2009. The act

becomes effective on July 1, 2007.

Vulnerability Assessments

Act 268 (HB1732) - The act creates vulnerability assessments for public water systems to

assess the terroristic threat level to the state's drinking water supply. The act became

effective on March 9, 2007.

CIVIL LAW AND PROCEDURE

AFFIRMATIVE DEFENSE FOR LIQUIFIED PETROLEUM GAS PROVIDER

Act 119 (HB1224) - The act creates an affirmative defense for a liquefied petroleum gas

provider to a civil action for damage or injury caused by (1) an alteration or modification

of liquified petroleum gas equipment that makes the equipment unsafe; or (2) the enduser's

misuse of liquified petroleum gas equipment that the liquified petroleum gas

provider or manufacturer has warned against.

ATTORNEY'S FEES ON INSURANCE CLAIMS

Act 687 (HB2632) - The act increases the relief available for the failure to pay bona fide

loss claims by providing for an award of reasonable attorney's fees if the amount

recovered for a loss under a homeowner's policy is within thirty percent (30%) of the

amount demanded or which is sought in the suit.

CIVIL IMMUNITY

Dentists

Act 120 (HB1282) - The act clarifies that civil immunity that is extended to physicians

and health care professionals who render voluntary health care services at free or lowcost

clinics under Arkansas Code Â§ 16-6-201 is also extended to dentists. The act became

effective on February 16, 2007.

Good Samaritan Law

Act 683 (HB2612) - The act amends Arkansas Code Â§ 17-95-101 concerning civil

immunity of persons rendering emergency medical services under the "Good Samaritan"

law. Under existing law, a physician or surgeon or any other person, who, in good faith,

lends emergency care or assistance without compensation must act as a reasonable and

prudent person would have acted under the existing circumstances in order to be immune

from civil damages. The act deletes the "reasonable and prudent person" standard and

extends civil immunity to a physician or surgeon or any other person for any act or

omission resulting from the rendering of emergency assistance or services unless the act

or omission was not in good faith and was the result of gross negligence or willful

misconduct.

Health Care Professionals

Act 1038 (SB421) - The act amends Arkansas Code Â§ 17-95-101 to ensure immunity

from liability for health care professionals acting as Good Samaritans.

Health Care Students

Act 837 (HB2657) - The act clarifies that civil immunity is extended to students of health

care professional programs who render voluntary health care services at free or low-cost

health care clinics under the supervision of licensed personnel.

EVICTIONS

Act 728 (SB971) - The act requires the deposit of rent into the registry of the court

pending the determination of a forcible entry and detainer complaint or unlawful detainer

complaint, makes the failure to deposit the rent grounds for issuing a writ of possession,

and provides for the disposition of any rent deposited.

FAIR HOUSING COMMISSION, ARKANSAS

Act 178 (SB171) - The act changes the meeting requirements of the Arkansas Fair

Housing Commission from once per month to at least quarterly.

LIEN NOTICE

Act 1411 (HB2459) - The act requires notice of a lien to be published if the lien is filed

after August 13, 2001, and does not display the name, address, and telephone number of

the lienholder and the name of the person authorized to release the lien.

CIVIL LAW AND PROCEDURE

LIMITED LIABILITY OF LANDOWNER

Act 677 (HB2324) - The act limits the liability of a landowner who allows the public to

use his or her property for recreation.

MEDICAL MALPRACTICE ACTIONS

Act 750 (HB2487) - The act provides that any self-insurance fund, pooled liability fund,

or similar fund maintained by a medical care provider for the payment or indemnification

of the medical care provider's liabilities for medical malpractice may be sued under the

direct action statute.

QUIET TITLE

Act 1037 (SB377) - The act makes various changes to quiet title statutes.

SCIENCE AND TECHNOLOGY AUTHORITY, ARKANSAS

Act 988 (HB2216) - The act expressly provides that the Arkansas Science and

Technology Authority and its board, employees, and agents shall be immune from civil

liability for performing the duties of the authority and allows a manufacturer or other forprofit

entity with which a director is affiliated to pay to the authority fees for services so

long as the services are generally available to all manufacturers or other for-profit entities

and are not available to the manufacturer or other for-profit entity solely due to its

affiliation with a director.

COMMERCIAL LAW

CONSTRUCTION CONTRACTS

Act 874 (HB1387) - The act makes unlawful a clause in a construction contract that

purports to hold the second party liable for the sole negligence of the first party.

CONSUMER PROTECTION

Going-Out-Of-Business Sales

Act 348 (HB1578) - The act requires a person licensed to conduct a going-out-ofbusiness

sale to display a copy of the license with the beginning and ending dates of the

sale on the entrance door of the business.

Home Security Services

Act 439 (SB910) - The act permits a provider of professional home security services and

a consumer to enter into a contract with a fixed initial term and successive or automatic

monthly renewal terms. The act requires contracts with a renewal clause to have a

conspicuous statement informing the consumer of his or her right to terminate the

contract with additional cost or penalty.

Service Contracts

Act 656 (HB2691) - The act, known as the "Service Contracts Act", provides for the

regulation of certain consumer agreements for product service and maintenance issued on

or after October 1, 2007.

CORPORATE, FICTITIOUS, OR ASSUMED NAMES

Act 1008 (HB2693) - The act requires the Secretary of State to provide notice to

registrants of corporate, fictitious, or assumed names that the registration of the names

does not grant the registrants the right to use the names in violation of a third party's

trademark rights.

COMMERCIAL LAW

CORPORATE FRANCHISE TAX REPORTS

Act 865 (SB882) - The act provides that in the case of a franchise tax report filed by an

organization formed under the Small Business Entity Tax Pass Through Act,

confidentiality provisions shall apply to the names of members of the organization,

except those designated in the organization's franchise tax report as a manager, president,

vice-president, secretary, treasurer, or controller of the organization. If the organization

has no registered agent for service of process, the confidentiality provisions shall not

apply. The act became effective on April 3, 2007.

CREDIT CARD PROCESSING

Act 911 (HB1640) - The act requires certain disclosures to be made on a contract for a

credit card processing service and prohibits the imposition of certain charges for a credit

card processing service. A violation of this act is an unfair and deceptive practice.

FAIR MORTGAGE LENDING ACT

Act 748 (HB2407) - The act authorizes the Securities Commissioner to join with

regulatory agencies of other states and organizations in order to participate in an

automated multistate licensing system for mortgage loan brokers, mortgage loan bankers,

mortgage loan services, and mortgage loan offices and amends the Fair Mortgage

Lending Act.

IDENTITY THEFT

Act 391 (HB2215) - The act, effective January 1, 2008, provides procedures for the

placement and removal of a security freeze upon the consumer report of a person that has

been a victim of identity theft.

LIMITED PARTNERSHIPS

Act 15 (HB1009) - The act adopts the 2001 Uniform Limited Partnership Act of the

National Conference of Commissioners on Uniform State Laws, with appropriate

accommodations to existing Arkansas law.

MINORITY BUSINESS ENTERPRISE

Act 692 (HB2775) - The act clarifies the definition of "minority business enterprise" as

that term is used in the Minority Business Economic Development Act.

MOTOR VEHICLE FINANCING

Act 649 (HB2548) - The act permits negative equity financing and accompanying

disclosures in the sale or lease of new or used motor vehicles.

MOTOR VEHICLE TITLES - RELEASE AND TRANSFER

Act 589 (SB771) - The act assists in the administration of motor vehicle titles by

providing procedures to expedite the release and transfer of motor vehicle titles.

NONPROFIT CORPORATIONS

Act 569 (HB2702) - The act amends the Arkansas Nonprofit Corporation Act of 1993 to

require an annual disclosure of certain basic corporate information.

REGISTERED AGENTS

Act 638 (HB2392) - The act essentially adopts the Model Registered Agents Act and

makes Arkansas law consistent with the model act.

Act 646 (HB2500) - The act eliminates the filing fees collected by the Secretary of State

for the change of registered agent information and makes minor changes to other fee

provisions. The act became effective March 28, 2007.

COMMERCIAL LAW

RESIDENTIAL LEASE PROTECTION FOR VICTIMS OF DOMESTIC ABUSE

Act 682 (HB2534) - The act prohibits discrimination in connection with a residential

lease against a residential tenant who is a victim of domestic abuse, a sex crime, or

stalking as evidenced by a court order; permits the victim or landlord to change the locks

of the residential tenant's residence at the residential tenant's expense; permits a landlord

to evict a domestic abuse offender; and provides limited immunity to landlords that in

good faith takes any actions authorized under the act.

UNIFORM COMMERCIAL CODE

Act 342 (HB1493) - The act adopts the revised Article 7 of the Uniform Commercial

Code recommended for adoption by the National Conference of Commissioners on

Uniform State Laws and makes conforming changes to existing law.

UNIFORM MONEY SERVICES ACT

Act 1595 (HB2518) - The act adopts the Uniform Money Services Act of the National

Conference of Commissioners on Uniform State Laws with the exception of the payday

lending provisions and other minor changes and makes conforming changes to existing

law.

WORKERS' COMPENSATION WAIVER

Act 546 (HB1700) - The act gives a sole proprietor, partner, professional association

member, or limited liability company member the same right to waive workers'

compensation coverage as a corporate officer.

CONSTITUTIONAL OFFICERS

AUDITOR OF STATE

Act 269 (HB1869) - The act specifies the retention period for warrants stored by the

Auditor of State in paper and electronic form. The act becomes effective on July 1, 2007.

GOVERNOR

Act 653 (HB2601) - The act repeals Arkansas Code Â§ 3-2-102, which prevents the

Governor from pardoning any person convicted of violating laws against the unlawful

manufacture or sale of liquors.

SENATE CONFIRMATION OF GOVERNOR'S APPOINTEES

Act 151 (SB10) - The act requires the Governor to submit to the Senate within thirty (30)

days after the convening of the General Assembly regular or special session the names of

appointees to boards and commissions that are subject to Senate confirmation. The act

became effective on February 28, 2007.

CONSUMER PROTECTION

CONSUMER SERVICE CONTRACTS

Act 656 (HB2691) - The act, known as the "Service Contracts Act", provides for the

regulation of certain consumer agreements for product service and maintenance issued on

or after October 1, 2007.

DAMAGED MOTOR VEHICLES

Act 410 (SB295) - The act makes various revisions to Arkansas law concerning damaged

motor vehicles, including defining the term "salvage vehicle" and specifying the process

for the issuance of a damage certificate.

GIFT CARDS

Act 304 (HB1455) - The act, known as the "Fair Gift Card Act", regulates unfair and

deceptive acts and practices in connection with gift cards.

CONSUMER PROTECTION

IDENTITY THEFT

Act 391 (HB2215) - The act, effective January 1, 2008, provides procedures for the

placement and removal of a security freeze upon the consumer report of a person that has

been a victim of identity theft.

LANDLORD-TENANT LAW

Act 1004 (HB2540) - The act, to be known as the "Arkansas Residential Landlord-Tenant

Act of 2007", repeals current landlord-tenant laws and creates a new chapter in the

Arkansas Code on the topic, including creating a new process for evictions.

PRODUCT LIABILITY

Definitions

Act 315 (SB905) - The act amends the definition of "product" and "supplier" as used in

Arkansas product liability law.

Real Estate and Improvements Not a Product

Act 316 (SB906) - The act provides that a licensee who is providing only brokerage and

sales services under his or her license shall not be considered a supplier under Arkansas

Code Â§ 4-86-102 and provides that real estate and improvements located on real estate

shall not be considered a product.

SALE OR LEASE OF NEW OR USED MOTOR VEHICLE

Act 366 (HB1718) - The act amends the Motor Vehicle Consumer Protection Act

regarding fees charged for handling and processing the sale or lease of a new or used

motor vehicle. The act became effective on March 19, 2007.

TOWING AND STORAGE

Act 506 (HB1472) - The act amends current law to prohibit a possessory lien of a towing

and storage firm from attaching to personal or legal documents, medications, child

restraint seating, wallets or purses, prescription eyeglasses, prosthetics, cell phones,

photographs, and books. The act also requires the towing and storage firm to release

these items without charge to the owner or operator of the vehicle or his or her duly

authorized representative. The act became effective on March 26, 2007.

TRANSIENT MERCHANT REGISTRATION

Act 1603 (HB2713) - The act amends various provisions of the Transient Merchant

Licensing Act of 1983, including clarifying the purpose of the act, revising certain

definitions, and providing for the registration of businesses.

CORRECTIONS

ALTERNATIVE DETENTION

Act 300 (HB1341) - The act authorizes sheriffs to use alternative detention resources for

convicted persons sentenced to county jails.

HIV TESTING FOR INMATES

Act 271 (HB1444) - The act provides that the Department of Correction must test or

screen an inmate for HIV before the release of the inmate from any unit or center of the

department. The act also requires the department to provide counseling regarding

treatment options if the inmate tests positive for HIV.

PROBATION AND PAROLE

Enhanced Penalties

Act 1047 (SB844) - The act provides that eligibility for parole or community correction

transfer of persons sentenced to enhanced penalties under Arkansas Code Â§ 16-90-120

shall be the same as the transfer eligibility limitations of the underlying offense.

CORRECTIONS

PROBATION AND PAROLE

Transfer to Department of Community Correction

Act 592 (SB796) - The act amends Arkansas Code Â§ 16-93-1301(c) to provide that an

offender who is sentenced after the effective date of the act and who is transferred back to

the Department of Correction for administrative reasons is eligible for transfer to the

Department of Community Correction in the same manner as an offender who is

sentenced to the Department of Correction without a judicial transfer to the Department

of Community Correction.

Act 600 (SB858) - The act includes sexual assault in the first degree, Arkansas Code Â§ 5-

14-124, in the list of felonies for which offenders are eligible to be considered for

discretionary transfer to the Department of Community Correction by the Parole Board.

Act 866 (SB912) - The act provides that after the Parole Board has fully considered and

denied the transfer of an offender sentenced for committing a serious offense, the Parole

Board may delay any reconsideration of the transfer for a maximum period of two (2)

years.

REDUCTION OF INCARCERATION TIME

Act 1413 (HB2513) - The act allows the Director of the Department of Correction to

award meritorious good time to an inmate to reduce incarceration time by up to ninety

(90) days based on the recommendation of the classification committee of the

Department of Corrections.

SEXUAL INDECENCY WITH A CHILD

Act 531 (HB1311) - Under this act, it is an offense of sexual indecency with a child if a

person over eighteen (18) years of age for his or her own sexual gratification or for

another person's sexual gratification exposes his or her sex organs or causes a child to

expose his or her sex organs and the person is employed as a correctional employee or

jail employee for the child's facility, a professional in a position of trust to the child, or

the child's guardian.

COURTS

APPELLATE COURT FILING FEES

Act 378 (HB1715) - The act increases the filing fee in all civil actions and misdemeanors

filed in the Supreme Court or the Court of Appeals from one hundred dollars ($100) to

one hundred fifty dollars ($150).

BAILIFFS

Act 227 (SB243) - The act establishes oaths for court bailiffs to be administered at the

start of a jury trial and prior to the deliberation of a jury.

CHILD SUPPORT PROCEEDINGS

Act 60 (HB1134) - The act permits a court to relieve a nonbiological father of any future

obligation to pay child support and vacates any unpaid order for support after a paternity

test establishes that the man is not the father of the child.

CIRCUIT JUDGESHIPS

Act 168 (HB1400) - The act creates five (5) additional circuit judgeships. The act will

become effective on July 1, 2007.

CIVIL APPEALS

Act 565 (HB2452) - The act allows a county quorum court to act as a board of

administrative appeal from a decision of the county planning board except in regard to

roads. The act also allows a county quorum court to act as a board of administrative

appeal from a decision of the board of zoning adjustment except in regard to roads.

COURTS

COURT CLERKS

Act 463 (SB184) - The act amends sections of the Arkansas Code to require circuit clerks

and probate clerks to submit copies of orders finding that a defendant lacks fitness to

proceed or orders of commitment to the Arkansas Crime Information Center upon filing

of the orders. The act will become effective on July 1, 2007.

Act 737 (HB1529) - The act amends numerous provisions of Arkansas Code Â§ 16-17-108

concerning the salaries of district court clerks.

COURT RECORDS

Act 226 (SB242) - The act amends the retention schedule in Arkansas Code Â§ 13-4-302

to include jury lists and other records relating to jurors and jury selection in the records

that counties are required to maintain.

Act 627 (HB2319) - Under existing law, counties are required to maintain circuit court

records in accordance with a retention schedule. The act requires towns, cities, and

counties to maintain records for district courts and city courts in accordance with a

retention schedule.

COURT SECURITY

Act 576 (SB89) - The act provides for the certification and training of court security

officers and requires the Administrative Office of the Courts to provide assistance and

support to cities and counties in the adoption of local court security plans and the

provision of court security for circuit and district courts. The act establishes a court

security grant program to be administered by the Administrative Office of the Courts for

the purpose of providing assistance to city and county governments to assist in the

implementation of local security and emergency preparedness plans for circuit and

district courts.

DISTRICT COURTS

District Court Resource Assessment Board

Act 663 (SB235) - The act creates the District Court Resource Assessment Board to make

recommendations concerning district court judgeships to the General Assembly.

Effective January 1, 2008, the act creates certain pilot state district courts. Effective

January 1, 2012, the act consolidates city courts with district courts unless the city court

has been abolished by a town or city ordinance.

Judges' Salaries

Act 737 (HB1529) - The act amends numerous provisions of Arkansas Code Â§ 16-17-108

concerning the salaries of district court judges.

Jurisdiction - Evictions

Act 535 (HB1384) - The act permits jurisdiction in district courts over eviction

proceedings for forcible entry and detainer actions and unlawful detainer actions

concurrent with the jurisdiction of the circuit court if permitted by rule or order of the

Arkansas Supreme Court.

Levy to Defray Cost of Incarcerating Prisoners

Act 1417 (HB2752) - The act authorizes district courts and city courts to levy and collect

additional fines not to exceed five dollars ($5.00) to defray the cost of incarcerating

prisoners.

Phillips County District Court

Act 39 (HB1102) - The act clarifies that the Phillips County District Court has two (2)

departments located in the City of Helena-West Helena after the consolidation of Helena

and West Helena.

COURTS

DISTRICT COURTS

Retirement System Abolished

Act 177 (SB90) - The act abolishes the Arkansas District Judge Retirement System and

transfers its powers, duties, and plan liabilities to the Arkansas Public Employees'

Retirement System. The act becomes effective on July 1, 2007.

Washington County District Courts

Act 55 (HB1019) - The act revises the boundaries for the Washington County District

Courts by moving the township of Vineland from the West Fork District Court to the

Prairie Grove District Court.

DOCUMENTARY EVIDENCE

Act 662 (HB2811) - Under existing law, the cost of each photocopy of medical records in

contemplation of any legal proceeding shall not exceed one dollar ($1.00) per page for

the first five (5) pages and twenty-five cents ($0.25) for each additional page except that

the minimum charge is five dollars ($5.00). The act amends Arkansas Code Â§ 16-46-106

to provide that the cost of each photocopy of medical records in contemplation of any

legal proceeding shall not exceed fifty cents ($0.50) per page for the first twenty-five (25)

pages and twenty-five cents ($0.25) for each additional page with no minimum charge.

The act authorizes a labor charge not to exceed fifteen dollars ($15.00) and a charge for

the actual cost of any required postage. The act also amended the Hospital Records Act,

Arkansas Code Â§ 16-46-301 et seq., to include medical records from physician offices as

self-authenticating.

DRUG COURTS

Act 1022 (SB18) - The act expands existing drug court programs and authorizes juvenile

drug court programs. The act creates a Division of Drug Court Programs within the

Administrative Office of the Courts and a Drug Court Advisory Committee. The act

became effective on April 4, 2007.

ELECTION OF JUDGES

Act 213 (HB1507) - The act repeals Arkansas Code Â§Â§ 16-12-102(c) and 16-13-104 to

remove the disqualification from eligibility of an appointed Court of Appeals judge or

circuit judge to be a candidate for election to another judgeship while holding office.

EXPUNGEMENT AND SEALING OF RECORDS

Act 744 (HB2296) - The act clarifies the applicability of various sections of the Arkansas

Code regarding expungement and sealing of records of criminal convictions. The act

amends Arkansas Code Â§ 16-93-303 to provide that a sentence of a fine not exceeding

three thousand five hundred dollars ($3,500) or an assessment of court costs does not

constitute a conviction except as provided in circumstances enumerated in Arkansas

Code Â§ 16-93-303.

JUDGMENT AND SENTENCING

Act 279 (SB216) - Under existing law, a circuit judge may temporarily release a

nonviolent felony offender in a sheriff's custody while the offender is awaiting transfer to

the Department of Correction or Department of Community Correction unless the

offender committed a nonviolent Class Y felony offense listed in Arkansas Code Â§ 16-93-

611. The act provides that a nonviolent felony sex offender awaiting transfer to the

Department of Correction or the Department of Community Correction shall not be

temporarily released from the custody of a sheriff if the felony sex offense is listed in the

definition of "sex offense" in Arkansas Code Â§ 12-12-903.

COURTS

JURORS

Compensation

Act 1033 (SB239) - The act amends Arkansas Code Â§ 16-34-103 to increase the rate of

juror compensation. The act provides that the state shall reimburse for a portion of the

costs incurred for a payment under Â§ 16-34-103(b)(1) if the county makes a request for

reimbursement as required by Arkansas Code Â§ 16-34-106.

Confidentiality

Act 226 (SB242) - The act establishes a procedure for the determination of

confidentiality of juror information and provides guidelines for disclosure of juror

information.

Petit Jurors

Act 225 (SB240) - The act reduces the maximum amount of time that petit jurors are

required to serve. Under existing law, the general rule is that no petit juror may be

required to report for jury duty on more than twenty-four (24) days or for more than a

six-month period during the calendar year for which he or she is selected. The act

reduces the time periods to ten (10) days or a four-month period during the calendar year

for which a juror is selected. The act also requires that a summons to serve on jury duty

include a description of the maximum periods of service.

JUVENILE COURT JURISDICTION

Act 257 (HB1475) - The act amends the jurisdiction of juvenile courts to ensure that a

felony or misdemeanor that is committed by a juvenile before the juvenile is eighteen

(18) years of age may be prosecuted in the juvenile division of circuit court when the

juvenile is eighteen (18) years of age or older. The act became effective on March 9,

2007.

JUVENILE PROCEEDINGS