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Arkansas Advocates 2023 Legislative Session Recap, Vol. 6

Week 6

This week, we saw another attempt to further weaken our state’s safety net for families with low incomes. This time, Gov. Sarah Huckabee Sanders announced her plan to seek approval from the federal government to impose work requirements on Arkansas’s Medicaid expansion program (ARHOME). If this sounds familiar, that’s because it is. Arkansas’s failed experiment with work requirements for people on Medicaid expansion made national (and even international) headlines just a few years ago. You can read our statement on Gov. Sanders’ announcement here. Here are a couple of articles you can read about it, too: Talk Business & Politics; Arkansas Advocate (no affiliation).

If you’re wondering about Gov. Sanders’ education package, so are we. Supposed details have leaked and made the rounds, but no omnibus bill has yet been filed. AACF joined the Arkansas Public Policy Panel and Citizens First Congress at their rally on the Capitol steps on Wednesday to support Arkansas’s public school system, which is fundamentally threatened by components of Gov. Sanders’ Arkansas LEARNS outline. You can read an article about the rally here, and watch AACF Education Policy Director Olivia Gardner on Channel 7 at the rally here.

It’s getting very busy at the Capitol these days, with a lot of bills that would chip away at Arkansans’ access to democracy. And some bills (some helpful, some harmful) have cleared the final hurdle and have become law, so we’re really in the thick of it now.

Below you will find an overview of bills on AACF’s legislative agenda and that AACF generally either supports or opposes. We are monitoring more bills, listed and frequently updated on our website.

Bills on AACF’s Legislative Agenda

Through conversations with partners, advocates and young Arkansans, and through our own policy research, AACF has identified a series of policies that will improve the well-being of Arkansans. The following bills are in support of our 2023 legislative agenda. More information on AACF’s legislative priorities is here.

Democracy and Voting Rights

Scheduled: Rep. Andrew Collins and Sen. Jim Dotson are the co-sponsors of HB1325. This bill would require counties to have more consistent early voting hours between different polling sites. The bill passed the full House on Monday and is on the agenda of the Senate Committee on State Agencies and Governmental Affairs at 10am on Tuesday, February 21.

Delivered to Governor: Rep. Zack Gramlich and Sen. Justin Boyd are the co-sponsors of HB1198, which would remove county holidays from the days early voting will not be available. It passed the full Senate on Monday and has been delivered to the Governor to be signed into law.

Education, Early Childhood

Heard in Committee: Rep. Julie Mayberry’s and Sen. Missy Irvin’s bill, HB1158, was discussed in the House Committee on Revenue and Taxation on Tuesday, but it was not voted on. AACF Education Policy Director Olivia Gardner provided testimony in support of the bill, which would provide tax credits to help promote access to, and improve the quality of, early child care. Read an article on this bill here.

Education, K-12

Tabled: Sen. Greg Leding and Rep. McCullough’s SB149, which would raise the minimum pay for classified public school staff to $15 per hour was heard by the Senate Education Committee. After testimony and discussion, the committee tabled the bill indefinitely. Read an article on the bill here. And another article here.

Juvenile Justice

Now Law: HB1245, sponsored by Rep. Carol Dalby and Sen. Gary Stubblefield, is now Act 38. This new law will require a legislative study of the court systems in Arkansas, including “substantial amounts” of fees and fines assessed to defendants who are often unable to pay them. 

Bills AACF Also Supports

The following are bills not formally on AACF’s legislative agenda but that AACF recognizes could have a positive impact on Arkansas’s children and families. 

Democracy and Voting Rights

Scheduled: Sen. Jim Dotson and Rep. Carlton Wing are the co-sponsors of SB247. This bill would allow people to vote absentee if they are unable to vote on election day because of religious observances. The bill passed the Senate State Agencies and Governmental Affairs Committee on Monday and the full Senate on Wednesday. It is on the agenda of the House Committee on State Agencies and Governmental Affairs, taking place 15 minutes after the Senate Chamber adjourns, the afternoon of Monday, February 20.

Education, K-12

Scheduled: Rep. Ashley Hudson and Sen. Clarke Tucker are the co-sponsors of HB1161, which would support pregnant and parenting students by allowing for related excused absences and by giving pregnant and parenting students the flexibility to complete missed school work. It passed the Senate Education Committee on Wednesday and is on the agenda of the full Senate at 1pm on Monday, February 20. Read an article about this bill here.

Scheduled: Rep. Bruce Cozart and Sen. Kim Hammer filed HB1336 this week, which aims to create a 3-year pilot study that would start an agricultural education program in public elementary schools. The program would be based on the nationally recognized three-component model of school-based agricultural education. It is on the agenda of the House Education Committee for 10am on Tuesday, February 21.

Scheduled: Rep. Shad Pearce and Sen. Blake Johnson filed HB1393 on Thursday. This bill would designate the first week of May to be mental health awareness week in Arkansas public schools. It is on the agenda of the House Education Committee for 10am on Tuesday, February 21.

Now Law: SB68, co-sponsored by Sen. Jim Dotson and Rep. DeAnn Vaught, is now Act 48. The law will help educate students about the significance and history of the Holocaust. It will designate the last full week of classes in January in Arkansas public schools as “Holocaust Education Week.” Read an article on this bill here.

Progressed: Rep. Denise Ennett and Sen. Linda Chesterfield are the co-sponsors of HB1315, which would require public schools to create a seizure safety plan to support students with seizure disorders. Each public school would need to have two trained individuals who can administer FDA approved medication or provide the appropriate care for a student having a seizure. The bill passed the House Education Committee on Thursday.

Health

Now Law: Sen. Justin Boyd and Rep. Ryan Rose’s SB74 is now Act 49. When it goes into effect, the law will allow certain people who need one to use a surrogate to apply for public benefits such as Medicare and Medicaid. The bill passed the full House on Tuesday and has been delivered to the Governor to be signed into law. 

Now Law: HB1127, sponsored by Rep. Lee Johnson and Sen. Missy Irvin, is now Act 59. The new law will allow small rural hospitals to make a change in designation from critical access hospital to rural emergency hospital, thereby allowing these hospitals to get higher reimbursement for outpatient services. Read an article on this bill here.

Bills AACF Opposes

The following are bills we believe would be harmful to our state, our state’s children and their families, and our state’s most vulnerable individuals.

Child Welfare

Scheduled: Rep. Rebecca Burkes and Sen. Clint Penzo filed HB1410 on Monday. This bill would remove a requirement for parents to sign off on employers hiring children under 16 in order to make it easier for employers to hire youth. It is on the agenda of the House Committee on Public Health, Welfare and Labor at 10am on Tuesday, February 21. 

Democracy and Voting Rights

Scheduled: Sen. Tyler Dees and Rep. Rebecca Burkes filed SB258 on Monday, and it passed the Senate State Agencies and Governmental Affairs Committee on Thursday. Though no counties currently use ballot drop off boxes, this bill would prevent the future use of ballot drop boxes regardless of future potential need or security measures in place for the drop box. It is on the agenda of the full Senate for 1pm on Monday, February 20. Read an article on this bill here.

Progressed/Scheduled: On Monday Sen. Jim Dotson and Rep. Kendon Underwood filed a pair of matching bills that would drastically increase the number of petition signatures required to put a measure on the ballot for voters’ consideration. SB260 passed the Senate State Agencies and Governmental Affairs Committee on Thursday. HB1419 is on the agenda of the House Committee on State Agencies and Governmental Affairs, taking place 15 minutes after the Senate Chamber adjourns, the afternoon of Monday, February 20. Read an article on SB260 here.

Scheduled: Sen. Jim Petty and Rep. Austin McCollum filed SB272 on Wednesday. This bill would allow political interference in elections by allowing the state Legislature’s Joint Performance Review Committee to refer specific counties’ elections to the state Election Commission for review. It would also require random checks of county election operations even if no potential violations were raised. The bill is assigned to the Senate State Agencies and Governmental Affairs Committee. 

Education

Scheduled: SB81, co-sponsored by Sen. Dan Sullivan and Rep. Justin Gonzales, was heavily amended this week. Even as amended, it would allow certain books to be banned in public libraries and schools and would allow felony criminal charges to be brought against librarians who loan to minors books determined to be “obscene.” The bill is on the agenda of the Senate Judiciary Committee for 10am on Monday, February 20.

Assigned: SB206 is co-sponsored by Sen. Clint Penzo and Rep. Howard M. Beaty, Jr. This bill would amend the term length for school board members, as well as require individuals running for school board to be nominated by a political party. It is assigned to the Senate Education Committee.

Equity

Scheduled: SB71 is co-sponsored by Sen. Dan Sullivan and Rep. Marcus Richmond. This bill would prohibit state agencies from providing programs targeted toward historically excluded groups, including on the basis of race, gender, color, ethnicity, or national origin in matters of state employment, public education, or state procurement. This could result in the elimination of university programs to recruit women in STEM fields, to recruit Latine/Hispanic students in journalism, etc., as well as prevent programs designed to recruit more diverse staff in state government. It is on the agenda of the full Senate at 1pm on Monday, February 20. Read an article on this bill here. 

Progressed: AACF Education Director Olivia Gardner testified against Rep. Mary Bentley and Sen. Dan Sullivan’s bill HB1156 before it passed the Senate Education Committee on Wednesday. The bill would require students in public schools to use bathrooms or locker rooms based on their sex assigned at birth, effectively forcing transgender students into bathrooms that do not correspond with the gender they live in daily. On Thursday, the bill was heard by the full Senate and was almost voted on before Sen. Sullivan pulled the bill down to make a technical amendment. Read an article on this bill here. 

Family Economic Security

Delivered to Governor: Rep. Kendon Underwood and Sen. Ben Gilmore’s bill HB1197 will burden workers and businesses with more red tape in an attempt to keep people from accessing unemployment benefits. It passed the full Senate on Thursday and has been delivered to the Governor for her signature.

Scheduled: Rep. Rebecca Burkes and Sen. Clint Penzo filed HB1401 on Monday. This bill would limit the assistance available to working families by reducing the amount of time families with work-eligible adults can receive cash assistance from the current 24 months to just 12 months. It is on the agenda of the House Committee on Public Health, Welfare and Labor at 10am on Tuesday, February 21. 

Health

Amended and Scheduled: This week Sen. Gary Stubblefield and Rep. Mary Bentley’s SB199 was heard by the Senate Judiciary Committee on Monday and initially passed. It was then amended on Thursday and has been re-referred to the committee; it is on the committee agenda for 10am on Monday, February 20. This bill would set up stringent requirements for physicians who offer gender-affirming care to minors in Arkansas. While the amendment reduced one part of the bill’s elements, the effect of the bill would still make it nearly impossible for parents to seek gender-affirming care for their children, as well as unlikely that physicians wishing to provide such care could obtain malpractice insurance. Read an article about this bill here. And another article here.

New Bill: Sen. Bryan King and Rep. Josh Miller filed SB278 on Wednesday. The bill would terminate the ARHOME Medicaid expansion program. It would require a transfer of those currently enrolled in the ARHOME program into the traditional Arkansas Medicaid Program. It is assigned to the Senate Public Health, Welfare and Labor Committee.

Housing

Scheduled: After rounds of testimony and public outcry, Rep. Ken Underwood and Sen. Ben Gilmore amended their bill, HB1196, slightly. It would still attempt to add red tape to public housing, pending federal approval, by creating a stringent work-reporting requirement without any investment in supportive services. But instead of exempting only families with children up to four months old, it was modified to exempt those with kids under age 5. AACF Senior Policy Analyst Bruno Showers testified against the bill before it passed the Senate City, County and Local Affairs Committee, as amended, on Thursday. It is on the agenda of the full Senate at 1pm on Monday, February 20. Read our blog post on this bill. And an article about this bill here.

Scheduled: Sen. Joshua Bryant and Rep. Brit McKenzie are the co-sponsors of SB197. This bill would take away the ability of local decision-makers to set housing and rental policies that work best in their communities. It is on the agenda of the Senate City, County and Local Affairs Committee on Tuesday, February 21 at 10am.

Tax and Budget

Delivered to Governor: Rep. David Ray and Rep. John Payton’s HB1026 will undercut the ability of local governments to set tax and budget policies that work in their local communities.The bill has been delivered to the Governor to be signed into law. 

New Bill: Rep. David Ray filed HB1454 on Thursday. This bill would let businesses take a tax break normally reserved for individual taxpayers. It is assigned to the House Committee on Revenue and Taxation.

How You Can Help

  1. Sign up for Action Alerts, if you haven’t already. By subscribing to this list, you will be notified when we need you to take action, like emailing or calling your legislator, on a specific issue or piece of legislation. You will also receive weekly legislative updates during the session. Find out what bills were filed or made progress during the week at the Arkansas Capitol.
  1. Join our Facebook Group, Arkansas’s Capitol Advocates. This is a group where advocates for children and families are gathering to talk about how to move important issues and legislation forward and share best practices.
  2. Attend our events. These are a great way to stay current on our advocacy work and that of our statewide partners.
  3. Donate. The work our staff does during the legislative session is often not paid for by grants, and we do not receive any state or federal funding. We rely on donors like you to help us be effective advocates at the Arkansas Capitol.