STATE CAPITOL BRIEFS: Gazaway files bill on rental standards | Bill on visitors for patients advances | House passes 84-9 midwifery measure

Arkansas State Senators listen to Sen. Trent Garner (bottom right), R-El Dorado, talk about Senate Bill 170, a bill to prohibit the unlawful doxxing of a minor on social media, during the senate session Thursday, Feb. 25, 2021 at the State Capitol in Little Rock. See more photos at arkansasonline.com/226senate/..(Arkansas Democrat-Gazette/Staci Vandagriff)
Arkansas State Senators listen to Sen. Trent Garner (bottom right), R-El Dorado, talk about Senate Bill 170, a bill to prohibit the unlawful doxxing of a minor on social media, during the senate session Thursday, Feb. 25, 2021 at the State Capitol in Little Rock. See more photos at arkansasonline.com/226senate/..(Arkansas Democrat-Gazette/Staci Vandagriff)

Gazaway files bill on rental standards

State Rep. Jimmy Gazaway, R-Paragould, filed legislation Wednesday that would require landlords to “maintain habitable premises” for renters in the state.

House Bill 1563 follows up on an unsuccessful effort by Gazaway to pass similar legislation in 2019, commonly referred to as a “warranty of habitability” law.

Arkansas is the only state in the nation without a warranty of habitability, and critics of the state’s housing laws contend that Arkansas is one of the worst states in the nation for renters.

HB1563 would require that rental housing comply with a list of minimum standards, such as having a waterproof roof and walls, plumbing, electricity, hot and cold water, pest control, fire detectors and carbon monoxide detectors.

[RELATED: See complete Democrat-Gazette coverage of the Arkansas Legislature at arkansasonline.com/legislature]

The bill would also overhaul the state’s eviction statutes, guaranteeing tenants a hearing before they can be evicted.

A coalition of groups, including the American Association of Retired Persons, Arkansas Renters United and Americans for Prosperity will hold a news conference today announcing support for the legislation, according to a press release.

— John Moritz

Bill on visitors for patients advances

The House Committee on Public Health, Welfare and Labor advanced legislation Thursday granting patients at hospitals and nursing homes the “right” to visit with family and loved ones.

House Bill 1061, dubbed the “No Patient Left Alone Act,” was written by state Rep. Julie Mayberry, R-Hensley, in response to the closure of medical and long-term facilities to visitors during the covid-19 pandemic.

“We have been a part of an awful human experiment on isolation,” Mayberry said at a hearing earlier this month.

At that earlier hearing, however, Mayberry’s first draft of the legislation drew opposition from lawmakers who feared it could imperil the state’s federal funding, as well as from the state Department of Health.

After pulling the bill down, Mayberry amended it to alleviate many of those concerns and to clarify the circumstances under which a facility may seal off visitation.

“I truly believe that this bill balances caution with common sense and compassionate care,” Mayberry said.

The bill faced no opposition at its second hearing Thursday, and was passed unanimously by the committee to the House floor.

— John Moritz

House passes 84-9 midwifery measure

The House voted 84-9 Thursday to pass legislation expanding the scope of practice for certified nurse midwives and allowing them to operate independently of a physician.

State Rep. Mary Bentley, R-Perryville, said restrictions now in place on certified nurse midwives, who have greater training than lay midwives, “have essentially closed the gate and said you’re not welcome to practice here.” She said other states that have already loosened restrictions on certified nurse midwives have lower rates in infant deaths.

Her legislation, House Bill 1215, faced opposition in committee earlier this week from lawmakers who questioned why midwives would not be required to keep transfer agreements in place with a doctor or hospital in case complications arise during a pregnancy.

Bentley told the House Thursday that she planned to amend the bill to require transfer agreements for certified nurse midwives who deliver babies outside of a hospital.

— John Moritz

Bill on pelvic exams clears House 93-0

The House voted unanimously Thursday in favor of legislation requiring patients to consent before undergoing a pelvic examination while unconscious.

House Bill 1137, by Rep. DeAnne Vaught, R-Horatio, would require consent before a pelvic exam may be conducted by a doctor or medical student on an anesthetized patient.

The bill includes exemptions for examinations performed due to a medical emergency.

The House voted 93-0 to send the bill to the Senate.

— John Moritz

Committee favors sex-offender ban

The House Judiciary Committee passed legislation Thursday that would prohibit Level 3 and 4 sex offenders from entering publicly owned water parks.

State law prohibits sex offenders from public parks with a pool.

House Bill 1004, by state Rep. Jack Fortner, R- Yellville, would expand the definition to include parks with wave pools, splash pads, water slides or an “other area dedicated to aquatic activities for children.” The committee passed HB1004, sending it to the House floor.

— John Moritz

Jury-duty proposal sent to governor

The Senate voted Thursday to send to the governor a bill that would allow lawmakers to defer jury duty service when they are called into session.

The Senate voted 33-0 to approve House Bill 1159, by state Rep. Stephen Meeks, R-Greenbrier.

The bill would guarantee jury deferments for lawmakers starting 30 days before any regular, special or fiscal session, and also allow Arkansans over the age of 80 to opt out of jury service.

— Michael R. Wickline

Anti-doxxing push approved in Senate

The Senate on Thursday approved a bill that would enact criminal penalties for the “malicious” posting of personal information about a minor on the internet.

The Senate voted 28-1 to send Senate Bill 170 by Sen. Trent Garner, R-El Dorado, to the House for further action.

The bill would criminalize social media posts intended to “frighten, coerce, intimidate, threaten, abuse, or harass the minor,” also known as doxxing. The measure would make doxxing a misdemeanor in most cases in which no physical or monetary harm occurs because of the post. Increasing felony punishments would be applicable if harm does occur, including up to 20 years in prison if a minor dies or has monetary losses greater than $1 million.

— Michael R. Wickline

Breast-milk bank receives Senate OK

The Senate on Thursday approved legislation establishing a breast-milk bank at the University of Arkansas for Medical Sciences in Little Rock.

The Senate voted 33-0 to send to the governor House Bill 1067 by state Rep. Aaron Pilkington, R-Clarksville.

The bill follows up on legislation shepherded by the lawmaker in 2019 that established rules for the creation of a breast-milk bank in Arkansas. In the time since, no bank has been established under the rules. Funding for the bank at UAMS will be provided for in other legislation, Pilkington has said.

— Michael R. Wickline

Sales-tax exemption sails in House vote

A bill to exempt proceeds of goods sold by parent teacher organizations in Arkansas from the state sales tax cleared the Legislature’s lower chamber on Thursday.

House Bill 1023, by Rep. Mark Lowery, R-Maumelle, would not exempt the organization from paying sales tax on goods purchased, but make it so they “don’t have to pay sales tax on both ends,” Lowery said. The bill passed 94-0.

— Rachel Herzog

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