Arkansas State Capitol news in brief: Ban on rules for short-term rentals gets Senate approval


Ban OK'd on rules for short-term rent

The Arkansas Senate on Thursday handily approved a bill that would bar local governments from enacting or enforcing an ordinance, resolution, rule or other requirement of any type that prohibits or limits the use of a property as a short-term rental to an occupant.

The Senate voted 29-3 to send Senate Bill 197 by Sen. Joshua Bryant, R-Rogers, to the House for further consideration.

The bill would define a short-term rental as an individually or collectively owned single-family house, or dwelling unit or a group of units in a condominium, cooperative or timeshare, or an owner-occupied residential home that is offered for a fee and for 30 days or less.

Bryant told senators "we need to let the free market reign."

Any existing local government ordinance would have to be reset to comply with the bill if the bill is enacted into law, he said.

-- Michael R. Wickline

Abortion licensing repeal advanced

The Arkansas Senate on Thursday voted to send the governor a bill that would repeal the state law under which a clinic, health center or other facility in which a pregnancy of a woman is willfully terminated or aborted shall be licensed by the state Department of Health.

The Senate voted 29-6 to approve Senate Bill 138 by Sen. Missy Irvin, R-Mountain View, after the chamber concurred with a House amendment that added an emergency clause to the bill under which it would go into effect upon the governor's signature.

Irvin has described the bill as the "cleanest way" to rectify a conflict in the state, saying the state cannot issue a license to entities that are performing illegal actions, and abortion is illegal in Arkansas under state law.

On June 24, then-Arkansas Attorney General Leslie Rutledge signed a certificate implementing Act 180 of 2019 that bans abortions in Arkansas except to save the life of the mother in a medical emergency, just hours after the U.S. Supreme Court overturned the 1973 Roe v. Wade ruling that legalized abortion across the country.

-- Michael R. Wickline

Election-expense bill clears Senate

The Senate on Thursday approved a bill that would prohibit a state or county employee or official from taking or accepting any funding, grants or gifts for the purpose of paying election-related expenses from any source other than a city or incorporated town, the governing authority of the county, the state or the federal government.

Senate Bill 255 by Sen. Matt McKee, R-Pearcy, would not apply to campaign contributions.

McKee said he wants to make sure the owners of Facebook and Twitter aren't paying for election-related expenses.

-- Michael R. Wickline

Senate approves school-force bill

The Arkansas Senate on Thursday gave final approval to a bill that aims to specify which school employees may use physical force against students.

The Senate voted 34-0 to send Senate Bill 59 by Sen. Linda Chesterfield, D-Little Rock, to the governor after the Senate concurred with an amendment to the bill.

The measure would specify that classified and licensed school employees "may use reasonable and appropriate physical force" on minors or incompetent persons under certain conditions.

Current statutes allow only a teacher, parent, guardian or "other person entrusted with care and supervision of a minor or an incompetent person" to use physical force to "maintain discipline or to promote the welfare" of the minor or incompetent person.

During committee meetings, Chesterfield said her bill was needed to specify that classified and licensed school employees are permitted to use physical force since she had learned staff at some schools had refrained from defending themselves against students for fear of losing their jobs.

-- Michael R. Wickline

House backs cut in jobless benefit

The Arkansas House passed a bill Thursday that would reduce the amount of time a person may receive unemployment insurance from four months to three.

House Bill 1430 by Rep. Robin Lundstrum, R- Elm Springs, passed 79-15.

The bill also would reduce taxes on employers that are used to fund unemployment insurance.

Lundstrum said her bill was needed to attract employers to Arkansas and encourage Arkansans receiving unemployment benefits to return to work.

Rep. Andrew Collins, D-Little Rock, asked if the bill would reduce Arkansas to the lowest number of weeks of unemployment offered in the nation.

Lundstrum said many states are reducing unemployment benefits but noted she wasn't aware of any that offered fewer than three months of unemployment. Across Arkansas, Lundstrum said people on unemployment benefits return to work on average after 11 weeks.

The legislation would drop the state's new employer tax from 2.9% to 1.9%. It also would cut the unemployment tax stabilization rate from 0.20% to 0.125% in fiscal 2024. In fiscal year 2025, the stabilization rate would drop to 0.1%.

The bill also would reduce the assessed penalty rate on employers who fail to make unemployment-related payments on time from 14% to 10%.

Arkansas unemployment insurance tax rates range from 0.1% to 5.0%, plus the stabilization rate in effect for the current year. The tax is computed on the wages paid to each employee on a calendar quarter basis, according to the Division of Workforce Services website.

The measure would represent a tax cut of $31 million, Lundstrum said during a committee hearing on the bill. The bill would affect the state's Unemployment Insurance Trust Fund, which Lundstrum said "is extremely healthy," but would not affect the state's general revenue.

-- Will Langhorne

Day off for vets fails in House vote

A bill intended to provide veterans with a day of unpaid leave on Veterans Day failed in the Arkansas House on Thursday.

House Bill 1451 by Rep. Joy Springer, D-Little Rock, received a vote of 28-37 with 12 members voting present.

Rep. Steve Unger, R-Springdale, and Rep. Mark Berry, R-Ozark, spoke against the bill, saying it would place additional regulations on businesses. Unger and Berry are veterans.

Springer said her legislation was not an "intrusive bill" and noted it required veterans to give employers 30 days notice and proof of their veteran status before taking off Veterans Day.

The legislation would not bar employers from providing veterans with a paid vacation day on Veterans Day, which is observed annually Nov. 11.

--Will Langhorne

Panel sends on training-safety bill

A bill that will require officers at law enforcement and firefighter academies to be trained and certified in recognizing and responding to health threats moved through the House Committee on Public Health, Welfare and Labor unanimously on Thursday.

Rep. Frances Cavenaugh, R-Walnut Ridge, presented the bill while sitting next to Christina Parks, the widow of Vincent Parks, the Jonesboro police officer who died while training at the academy July 17.

House Bill 1458 would create the Vincent Parks Act, requiring all instructors at training programs to undergo training on how to recognize health conditions such as sudden cardiac arrest, dehydration and concussions. Instructors also will be required to recognize and manage environmental issues that threaten the health or safety of a person.

It's been reported that Parks was training for about 25 minutes in extreme heat before his death.

"It is found and determined by the General Assembly of the State of Arkansas that instructors do not currently have training or certification regarding concussions, dehydration, environmental issues that threaten the health or safety of a person, or sudden cardiac arrests," the bill states. "That in the past year, a cadet died due to this lack of education on health conditions; that without immediate action, cadets or officers who are required to receive training will be in danger of having instructors without education or training on these serious conditions; and that this act is immediately necessary to protect the health and safety of cadets and officers who are required to receive training from these instructors."

-- Teresa Moss

Panel OKs funds for filing system

A legislative panel on Wednesday approved the secretary of state's request to transfer $500,000 from the state's restricted reserve fund to allow the secretary of state's office to initiate design and development of the first phase of a project to redesign the Business and Commercial Service Division's filing, processing and information retrieval system.

The Joint Budget Committee's Performance Evaluation and Expenditure Review Subcommittee recommended the full committee approve the request for the restricted reserve funds recommended by state Department of Finance and Administration Secretary Larry Walther.

The project in the secretary of state's office will replace an antiquated system to allow for additional online Business and Commercial Service Division filing capability for faster and more convenient service to businesses and ensure maximum functionality for many years to come, the secretary of state's business office director Kurt Naumann said in a letter dated Monday to Walther.

-- Michael R. Wickline

House OKs end to work permit

The Arkansas House on Wednesday passed a bill that would repeal a state work permit requirement for children younger than 16 seeking employment.

House Bill 1410, by Rep. Rebecca Burkes, R-Lowell, advances to the Senate with a vote of 54-32.

Current state law requires minors younger than 16 to apply for an employment certificate from the director of the Division of Labor. The application must include proof of the minor's age, the written consent of the parent or guardian, and a description of the work and work schedule.

Burkes said in most cases children are barred by law from working until they turn 14. The state permits, she said, allow government officials to deny employment for a child even if the child's parent consents to the work. She noted the federal government and at least 15 states do not require these permits.

The bill would not change state or federal laws relating to the types of industries a child can work in or the number of hours and days a minor may work.

Rep. Andrew Collins, D-Little Rock, raised concerns that repealing the permits could limit parental involvement in child employment since parents are required to sign the work permit.

House Minority Leader Tippi McCullough of Little Rock opposed the bill, saying permits are needed to provide an extra layer of protection for employed minors. By repealing the requirement, the bill could also lead to an increase in school truancy and result in Arkansans losing tax dollars, McCullough said.

-- Will Langhorne

Bill would trim length of state aid

The Arkansas House on Wednesday approved a bill intended to halve the time an able-bodied adult who is unemployed may receive cash assistance through the state Division of Workforce Services.

House Bill 1401, by Rep. Rebecca Burkes, R-Lowell, passed 81-17.

The bill would apply to the state's Temporary Assistance for Needy Families program. Under current law, the state Division of Workforce is generally barred from providing financial assistance to a family that includes an adult who has received financial aid for more than 24 months. Burkes' bill would cut that time frame to 12 months.

Burkes said her bill would affect households with "able-bodied adults receiving cash welfare." It would not impact "child-only cases" where a child directly receives assistance from the program.

The legislation would still allow state officials to "exempt or temporarily defer" a person from the time limit. Burkes said state officials could extend the limit for assistance up to 60 months under federal requirements.

-- Will Langhorne


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