Updated: Here are the Bills Lawmakers are Considering at the Special Session

Legislature

The Arkansas Legislature convened for a special session in Little Rock on Monday.

Below is a brief overview of the legislation that has been filed so far and what each bill would do.

Many of these bills are identical or virtually identical to one another and are sponsored by the same lawmakers — which is why they appear grouped together.

  1. Income Tax Breaks: S.B. 2, S.B. 8, H.B. 1001, and H.B. 1007 by Sen. Jonathan Dismang and Rep. Les Eaves reducing income tax rates for individuals, trusts, estates, and corporations.
    • Amends income taxes for residents, individuals, trusts, and estates whose net income is less than or equal to $87,000.
      • Those who earn $0 – $5,099 pay 0% income tax.
      • Those who earn $5,100 to $10,299 pay 2% income tax.
      • Those who earn $10,300 to $14,699 pay 3% income tax.
      • Those who earn $14,700 to $24,299 pay 3.4% income tax.
      • Those who earn $24,300 to $87,000 pay 4.4% income tax.
    • Amends income tax bracket adjustment amounts for those whose net income is $87,001 – $90,800.
    • Amends the tax on corporate net income.
    • Amends the tax on net income for foreign corporations doing business in Arkansas.
    • Creates income tax credits for individual Arkansas residents whose net income is less than $103,600.
    • Creates income tax credits for residents filing a joint tax return whose net income is less than $207,200.
  2. Surplus State Funds: S.B. 1 and H.B. 1004 by Sen. Jimmy Hickey and Rep. Lane Jean creating and transferring existing surplus funds for state departments, agencies, and institutions.
    • Budgets $710,612,508 for a special sub-fund within the state’s Restricted Reserve Fund
    • This money may be used from time to time for general revenue operating funds or fund accounts, the Miscellaneous Agencies Fund Account, and the State Central Services Fund.
    • These funds may be transferred upon approval of the Chief Fiscal Officer of the State and a ⅔ vote of the Joint Budget Committee or the Legislative Council committee.
  3. COVID Mandates: S.B. 3 and H.B. 1002 by Sen. Joshua Bryant and Rep. Howard Beaty prohibiting the government from mandating vaccinations for COVID-19 and its subvariants.
    • Prohibits the state and its agencies from coercing individuals in any way for refusing to receive a vaccine or immunization for COVID-19 or its subvariants.
    • If a state official determines federal funding requirements make it is necessary for an individual to receive a COVID-19 vaccine, the state official must ask Legislative Council for approval to require the individual to be vaccinated before mandating the vaccine.
    • These bills would apply to the state, a state agency or entity, a political subdivision of the state, or a state or local official.
  4. FOIA: S.B. 7 and H.B. 1003 by Sen. Scott Flippo and Rep. David Ray amending the Freedom of Information Act of 1967.
    • Exempts the following from disclosure under the Freedom of Information Act of 1967:
      • Communications concerning the security of the Governor’s Mansion and mansion grounds
      • Records that reflect the planning or provision of security for the governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, land commissioner, legislators, supreme court justices, or judges on the court of appeals
      • Records revealing the deliberative process of state agencies, state boards, and state commissions. These include:
        • Memos and letters within an agency and between agencies, provided that the letter wouldn’t otherwise be available by law.
        • Advisory opinions, recommendations, and deliberations that are part of formulating decisions and government policies
        • Attorney records prepared as part of representing a public official in a lawsuit.
        • Records that are considered confidential under Arkansas Rules of Evidence.
    • Requires the Division of Arkansas State Police to submit a quarterly expense report categorizing the Executive Protection Details expenses for the governor’s security.
    • Amends the process by which attorney’s fees and other litigation expenses are collected for violating the Freedom of Information Act.
  5. FOIA: S.B. 9 and H.B. 1009 by Sen. Bart Hester and Rep. David Ray amending the Freedom of Information Act of 1967.
    • Exempts the following from disclosure under the Freedom of Information Act of 1967:
      • Communications concerning the security of the Governor’s Mansion and mansion grounds
      • Records that reflect the planning or provision of security for the governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, land commissioner, legislators, supreme court justices, or judges on the court of appeals
      • Attorney records prepared as part of representing a public official in a lawsuit.
      • Records reflecting communications between the governor or the governor’s staff and the cabinet secretary of a state department
      • Records that are considered confidential under Arkansas Rules of Evidence.
    • Requires the Division of Arkansas State Police to submit a quarterly expense report categorizing the Executive Protection Details expenses for the governor’s security.
    • Amends the process by which attorney’s fees and other litigation expenses are collected for violating the Freedom of Information Act.
  6. Public School Security: S.B. 4 and H.B. 1005 by Sen. Jane English and Rep. Brian Evans clarifies that public schools are not required to keep all their doors and exits unlocked during school hours.
  7. Education Funding for Students With Disabilities: S.B. 5 and H.B. 1008 by Sen. Breanne Davis and Rep. Sonia Barker addresses how students with disabilities receive educational services and access to additional funding under the state’s Philanthropic Investment in Arkansas Kids Program Act, the Succeed Scholarship Program, and the Arkansas Children’s Educational Freedom Account Program.
  8. Felony Sentencing: H.B. 1006 and S.B. 6 by Rep. Jimmy Gazaway and Sen. Ben Gilmore clarifies that criminals convicting of certain egregious felony offenses involving a firearm are not eligible for early release or parole.

Updated at 7:45 AM 9/12/2023 to to include S.B. 9 and H.B. 1009 concerning the Freedom of Information Act of 1967.

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New Law Taking Effect Will Provide Adoption Education for Public School Students in Arkansas

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A new law taking effect this week will help provide public school students with education regarding adoption.

Act 637 of 2023 by Sen. David Wallace (R — Leachville) and Rep. Joey Carr (R — Blytheville) requires public schools to provide one hour of education regarding adoption awareness to students in grades 6-12 at the beginning of each school year.

This will help educate students about adoption and foster care in Arkansas.

According to Act 637, the adoption education must cover the following topics:

  • The benefits of adoption to society
  • The types of adoption available
  • The difference between adoption through the foster care system and private adoption
  • The reasons adoption is preferable to abortion
  • Public and private resources and agencies available to assist in the adoption process
  • Statistical data on abortion, adoption, and childbirth
  • Public and private resources available for pregnant mothers and parents enrolled in a public school
  • A description of child and human development.

The law requires the State Board of Education to develop “curricula, standards, materials, and units” to teach students about adoption.

Promoting adoption and foster care is good for children and families, and it is one way that Arkansans can reduce the demand for abortion.

Act 637 of 2023 is a good law that will help do exactly that.

Arkansas Right to Life was the lead pro-life proponent of this law during the 2023 legislative session, and Family Council was proud to support their efforts.

Now that Act 637 is taking effect, we look forward to the State Board of Education and the various public schools around the state implementing this good law in the coming school year.

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Tech Giants, ACLU Try to Block Arkansas’ Social Media Safety Act in Court

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Tech giants and the ACLU are working in court against Arkansas’ Act 689, the Social Media Safety Act of 2023.

The Social Media Safety Act is a good law by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jon Eubanks (R – Paris).

It requires major social media companies to use age verification to ensure minors do not access social media platforms without parental consent.

The law contains protections for user privacy. A social media company that violated the law could be held liable.

Act 689 narrowly cleared the Arkansas Senate last spring, but received strong support in the Arkansas House of Representatives. Governor Sanders signed it into law following its passage.

On June 29 the trade association NetChoice filed a lawsuit in federal court in Arkansas on behalf of its members — which include tech giants such as Meta (owner of Facebook and Instagram), Twitter, SnapChat, Pinterest, and TikTok.

The lawsuit alleges that Arkansas’ Social Media Safety Act is unconstitutional and should be struck down.

On July 14 the ACLU of Arkansas filed a proposed amicus brief supporting NetChoice’s lawsuit and opposing Act 689.

The ACLU’s amicus brief claims,

Requiring individuals to verify their ages before using social media will impose significant burdens on the exercise of First Amendment rights online. [The Social Media Safety Act] will rob people of anonymity, deter privacy- and  security-minded users, and block some individuals from accessing the largest social media platforms at all. Additionally, imposing a parental consent requirement on access for young people will impermissibly burden their rights to access information and express themselves online, stigmatize the use of social media, and run counter to the parental authority of parents who do not object to their kids using social media.

The truth is the Social Media Safety Act respects parental authority by prohibiting social media companies from registering children as users without parental consent. Age verification and parental consent requirements for social media companies simply do not violate the First Amendment.

News reports have highlighted time and again how social media giants serve teens a steady “diet of darkness” online.

Despite employing tens of thousands of content moderators, TikTok’s algorithm repeatedly has been shown to inundate teenagers with videos about eating disorders, body image, self-harm, and suicide.

In February the American Psychological Association’s Chief Science Officer told the U.S. Senate Judiciary Committee that social media use heightens the risk of negative influences among adolescents, and that young people are accessing social media sites that promote eating disorders and other harmful behavior.

Social psychologist Jonathan Haidt has published an analysis determining that social media is a major cause of mental illness in girls.

And a recent CDC report found 16% of high school students were electronically bullied in 2021 through texting, Instagram, Facebook, or other social media platforms.

Social media companies are owned and operated by adults. Given how harmful social media content can be, the adults running these tech companies should not be able to let children use their platforms without parental consent. Arkansas’ Social Media Protection Act helps address this serious problem.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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