Panel votes against marital-property bill
The House Judiciary Committee on Tuesday declined to approve legislation on marital property.
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Supporters say the bill is needed to clear up confusion from a 2015 Arkansas Supreme Court decision.
House Bill 1055 would expand the definition of marital property to be divided during a divorce to include any increase in a property's value that is the "result of time, effort, or skill of a spouse." The bill's sponsor, Rep. Kim Hammer, R-Benton, said courts have been relying upon a similar common-law doctrine known as "active appreciation" for nearly 30 years.
That precedent was ended last year when the Arkansas Supreme Court ruled in a Logan County divorce case there was no statutory basis to apply the doctrine. Hammer said his law would add such language for judges to lean on.
Speaking for the bill, Circuit Judge Robert Herzfeld of Benton called the law a "guidepost" for judges to make fair divisions of property. However, a divorced man and a divorce attorney spoke against the bill, saying the findings from the Supreme Court case should be left as is.
They argued that judges still have leeway to split property and that HB1055 would broadly define the requirements for how a spouse would be considered to have contributed to a property's appreciation.
The committee rejected Hammer's measure on a voice vote. Afterward, he said he would make adjustments and try to convince other lawmakers on the committee before bringing his bill back.
-- John Moritz
Tanning-bed ban defeated in House
A bill that would prohibit minors from using commercial tanning beds was voted down by the Arkansas House of Representatives on Tuesday.
Under current law, a tanning bed operator needs to get parental permission to allow anyone under 18 to use a tanning bed. House Bill 1280, by Rep. Stephen Magie, D-Conway, would make it illegal for operators to open tanning beds for minors, except for medical use.
"We equate it as being as safe as the sun, when actually it's much more dangerous," Magie said.
No one spoke against the bill. However, it failed on a 27 to 53 vote, with many Republicans voting against it.
-- John Moritz
Schooling rejected for heat-air techs
The Senate on Tuesday handily rejected legislation that would require continuing education for heating, ventilation, air conditioning and refrigeration licensees.
In a 9-17 vote, the Senate defeated Senate Bill 86 by Sen. Jeremy Hutchinson, R-Little Rock, to require the HVAC/R Licensing Board to establish a continuing-education program of up to three hours of code training and three hours of technical or business training. The bill required 18 votes for approval in the 35-member Senate. The Senate later expunged the vote to clear the way for another vote.
Hutchinson said this industry wants to treat these licenses as professionals and protect itself against lawsuits.
-- Michael R. Wickline
A Section on 02/08/2017