This week, the Arkansas House of Representatives will consider a bill that would impose restrictions on an "adult-oriented performance," and a Senate committee will consider a measure that would require public schools and open enrollment public charter schools to bar people from using a restroom that does not correspond with the sex listed on their birth certificate.
The Republican sponsors of the bills say they are aimed at protecting children, but Democratic foes of the measures counter that they are targeted at transgender Arkansans.
During the past two weeks, these bills have overshadowed the behind-the-scenes work on two potentially sweeping bills -- an omnibus education overhaul measure and criminal justice overhaul legislation.
"The Governor looks forward to working with the Legislature to expand access for all Arkansans to quality education, deliver another tax cut, and decrease violent crime through public safety reform," said Alexa Henning, spokeswoman for Gov. Sarah Huckabee Sanders.
Monday will be the 29th day of the 94th General Assembly's regular session.
Arkansas lawmakers are set to begin the fifth week of the General Assembly's regular session this week with the deadline to file proposed constitutional amendments Wednesday So far, only five proposed constitutional amendments have been filed by state lawmakers.
House Speaker Matthew Shepherd, R-El Dorado, last week filed House Concurrent Resolution 1007, which would provide for a recess of the House and Senate at the close of business April 7 or at an earlier time as may be agreed upon by the Houses and Senate.
HCR1007 also would allow the House speaker and Senate president pro tempore to reconvene the General Assembly at any time before noon May 1 for considering vetoes, correcting errors and oversights, completing work on proposed constitutional amendments and considering the need for further extension of the regular session, or adjourn the regular session at any time before noon May 1.
"We are beginning to get a little bit of look at some of the education things, a small peek," said House Republican leader Marcus Richmond of Harvey.
"I think that we have to get into that and start moving on that because it is really going to suck up all the oxygen in the air," he said.
State Sen. Breanne Davis, R-Russellville, said Friday that the Bureau of Legislative Research, which works for the Legislature, is drafting the omnibus education bill.
"I do think it will be coming in less than two weeks," she said.
Davis declined to disclose details of the bill, saying the governor's office is working diligently to get feedback from lawmakers about the draft bill. Republican lawmakers have generally been reluctant to speak publicly about the proposal.
Sanders has signaled that she wants to combine teacher pay raises with her Arkansas LEARNS plan. The LEARNS plan will improve childhood literacy, empower parents, recruit and retain hardworking teachers, prepare students for the workforce, increase access to broadband, and prioritize school safety, according to the Republican governor.
Last month, Sanders said, "I do think that we can do a better job of letting some funding follow the student [with] things like education savings accounts, stuff like that," but that parents of students attending private schools or who are home-schooled wouldn't necessarily get the same amount as the state provides to the public schools for students, and that could be phased in.
This proposal, coupled with proposed teacher pay raises, may be the parts of the measure that draw the most interest and debate in education and legislative circles.
Henning said, "The governor expects to unveil the legislation in the coming weeks."
Asked how the governor would characterize reaction of state lawmakers to the draft bill so far, Henning said Friday night in a written statement that "The legislature is excited to pass the governor's bold education reform package to give every kid a chance at a quality education, and the governor looks forward to signing Arkansas LEARNS into law."
The House includes 82 Republicans and 18 Democrats; the Senate includes 29 Republicans and six Democrats.
State Rep. Jimmy Gazaway, R-Paragould, who is working with Sen. Ben Gilmore, R-Crossett, Attorney General Tim Griffin and Sanders on the criminal justice overhaul bill, said "We have got the big pieces of it over at the bureau being drafted.
"I am hopeful that we are going to have something in the next week or two," he said. "There are several pieces to it, so we delivered the bulk of it to the bureau and it is in the drafting process."
Gazaway said the state probably needs at least 3,000 more prison beds, and he's waiting for cost estimates from bureau and state officials on how much that would cost the state.
State Rep. Mary Bentley, R-Perryville, said she plans to ask the House of Representatives on Monday to approve the amended version of Senate Bill 43 by Sen. Gary Stubblefield, R-Branch, which initially aimed to restrict "drag performances" by classifying them as an adult-oriented business.
The amended version of SB43 cleared the House City, County and Local Affairs Committee on Wednesday.
SB43 now aims to restrict an adult-oriented performance.
The bill defines an adult-oriented performance as a performance that is "intended to appeal to the prurient interest and that features: A person who appears in a state of nudity or is semi-nude; the purposeful exposure, whether complete or partial, of a specific anatomical area; or prosthetic genitalia or breasts; or a specific sexual activity."
SB43 would bar an adult-oriented performance from taking place on public property, admitting any minors to attend or being "funded in whole or in part with public funds."
Opponents of the bill on Wednesday raised concerns the language of the amendment is unclear and could limit freedom of expression for artists and infringe on the rights of gay and transgender people. Democratic lawmakers noted state law currently includes statutes regulating displays of sexually explicit material.
But Bentley countered that the intent of the bill is not to target transgender people or theatrical performances but to protect children from sexually explicit shows.
Henning said, "On SB43, the governor believes we have to do everything we can to protect children and that's what this bill does.
"She is supportive of the amendment and will continue to take steps and actions that she believes protect the children of Arkansas," she said in a written statement. "Only in the far-left's woke vision of America is it not appropriate to protect children."
Sen. Dan Sullivan, R-Jonesboro, said he plans to ask a Senate committee to approve House Bill 1156 by Bentley -- which would require public schools and open enrollment public charter schools to bar people from using a restroom that does not correspond with the sex listed on their birth certificate -- "just as soon as it comes up on the list."
The bill would apply to places at schools where people "may be in various stages of undress" around others, which includes multiple-occupancy restrooms, locker rooms, changing rooms and shower rooms.
The Arkansas House on Wednesday voted 80-10 in a party-line vote to approve HB1156, sending the measure to the Senate. The bill has been assigned to the Senate Education Committee. Eighty house Republicans voted for the bill and 10 House Democrats voted against the bill.
HB1156's supporters said it would protect children and shield school districts from having to enact similar policies that could open up districts to lawsuits. But the bill has drawn criticism from parents of transgender students and activists who called it discriminatory.
"It simply requires our schools to set up a policy where the boys go to the boys' bathroom and the girls go to the girls' bathroom," Bentley told the House.
The bill also requires for schools to provide "a reasonable accommodation," such as a private bathroom or changing area, for those uncomfortable using a multioccupancy bathroom. Students traveling on school-sponsored overnight trips also will be barred from sharing "sleeping quarters with a member of the same sex" unless it is with an immediate family member.
Schools also would be prohibited from adopting a policy for bathrooms contrary to the one outlined in the bill. Superintendents, principals and teachers could be subject to a minimum fine of $1,000 and possible further discipline from the Professional Licensure Standards Board for not complying with the measure."
Henning said, "On HB1156, the governor believes our schools are no place for the radical left's woke agenda and would sign a law that focuses on protecting and educating our kids, not indoctrinating them."
AFFIRMATIVE ACTION
Sullivan said he has agreed to meet this week with several constituents of Sen. Clarke Tucker, D-Little Rock, and others with concerns over Sullivan's Senate Bill 71, which Sullivan said is aimed at effectively ending affirmative action in state and local government.
The bill cleared the Senate Governmental Affairs and State Agencies Committee on Tuesday after the panel added a nine-page amendment to the original two-page bill.
Sullivan said he will wait until next week to take the bill to the full Senate in order to visit with groups about the bill.
"I don't know if we will amend it or not," he said.
Tucker on Tuesday suggested the bill sends a message that racism and sexism are over in Arkansas, but Sullivan disputed that and said he doesn't believe that to be the case.
HOMESTEAD PROPERTY TAX CREDIT
Rep. Lanny Fite, R-Benton, said he is waiting to hear back from Sanders' office about his House Bill 1032 that would increase the homestead property tax credit from $375 to $425 per parcel.
He said he hopes to increase the homestead property tax credit from $375 to $425 per parcel at least.
"The governor's office said they wouldn't be opposed to it if there is enough money to increase it more," Fite said.
He said he believes that there is a possibility of increasing the homestead property tax credit from $375 to $450 per parcel, but not up to $475 per parcel.
In the 2000 general election, voters approved Amendment 79 to the Arkansas Constitution to create the homestead property tax credit. In response, the Legislature enacted a half-cent sales tax, effective Jan. 1, 2001, and the revenue is credited to the property tax relief trust fund.
The Legislature established the initial homestead property tax credit at $300 per parcel before voting in 2007 to increase it to $350 and then voting in 2019 to increase it to $375. The 2019 law also allows the transfer of excess funds in the property tax relief trust fund to the state's now catastrophic reserve fund.
Fite said he also would like to change state law to stop the sweep of funds from the property tax relief trust fund into the state's catastrophic reserve fund and "that way it secures future increases" in the homestead property tax credit.
Henning said, "Governor Sanders is working with Rep. Lanny Fite on the House Revenue and Taxation Committee to get as much relief as possible for Arkansas homeowners who are struggling because of President Biden's disastrous economic policies that have caused record inflation and placed a burden on Arkansans."
Sanders will deliver the Republican response to Biden's State of the Union address Tuesday night, GOP leaders announced Thursday.
PROPOSED CONSTITUTIONAL AMENDMENTS
The five proposed constitutional amendments that have been filed so far include:
• House Joint Resolution 1001, filed by Rep. David Ray, R-Maumelle, that would abolish the Independent Citizens Commission that has set the salaries of state-elected officials under Amendment 94 to the Arkansas Constitution, approved by voters in November 2014, and return that responsibility to the Legislature.
• HJR 1002 by Rep. Stephen Meeks, R-Greenbrier, that would require the General Assembly on or before Jan. 1, 2050, to provide by law that no tax shall be levied on personal property in the state on or before Jan. 1, 2050. Among other things, the proposal also would allow the General Assembly to enact laws to reduce the rates of taxation of personal property and create exemptions for the taxation of personal property.
• HJR 1003 by Rep. Fran Cavenaugh, R-Walnut Ridge, that would create a procedure for recalling state lawmakers, state Supreme Court justices, state Court of Appeals judges, circuit judges, district judges, prosecuting attorneys and the state's seven constitutional officers, including the governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor and land commissioner.
• Senate Joint Resolution 1 by Sen. Bryan King, R-Green Forest, that would require the governor, attorney general and secretary of state that make up the state Board of Apportionment to appoint three members apiece to the Arkansas Apportionment Commission to redraw legislative district boundaries after each federal decennial census, and approve or reject the reports issued by the commission.
• SJR 2 by Sen. John Payton, R-Wilburn, that would create a procedure for recalling state lawmakers, state Supreme Court justices, state Court of Appeals judges, circuit judges, district judges, prosecuting attorneys and the state's seven constitutional officers, including the governor, lieutenant governor, attorney general, secretary of state, state treasurer, state auditor and land commissioner.
Lawmakers may refer up to three proposed constitutional amendments to voters for the 2024 general election. In the Nov. 8 general election, voters rejected all three proposed constitutional amendments referred to voters by the Legislature in the 2021 regular session.
Two years ago, lawmakers filed 42 proposed constitutional amendments.
Asked why so few proposed constitutional amendments have been filed so far, Shepherd said through a House spokeswoman that it could be because members are focused on other issues such as education, public safety and tax reduction, but he anticipates as is normal there will be a number of amendments filed before the deadline.
Senate President Pro Tempore Bart Hester, R-Cave Springs, said he doesn't know why so few proposed constitutional amendments have been filed so far.
"Maybe focus on other areas," he said in a text message to the Arkansas Democrat-Gazette.
Information for this article was contributed by Neal Earley and Will Langhorne of the Arkansas Democrat-Gazette.