AAC GOVERNMENTAL AFFAIRS Wrapping up the legislative session

The 94th General Assembly was a success for Arkansas and her counties. The House of Representatives filed 849 bills, while the Senate filed 590 bills, for a total of 1,439. This number is down from 2021, when both chambers filed a total of 1,727 bills. Ultimately the 94th General Assembly passed 890 bills, which is significantly lower than the 1,116 passed by the 93rd General Assembly. The AAC tracked 448 bills this session. That’s over 30 percent of the bills filed. Two hundred forty-three of these bills became law. The AAC legislative package included 33 bills. Of those, the AAC legislative team secured the passage of 28. Of course, we would like to have pitched a perfect game, but a complete game 3-hit shutout is pretty darn good.

Gov. Sarah Sanders’ first session could not have gone any better for her agenda for Arkansas. Normally the session gets off to a slow start, and I think the start of this session was even slower than most. Everyone was waiting on the “education bill” to be filed. If I heard it once, I heard it 100 times: “When is the Governor’s education bill going to drop?” Sanders campaigned for two years on improving education, so it wasn’t a surprise when she made that her top priority. The education bill, now called the Arkansas Learns Act, garnered plenty of attention and debate. There was probably more debate on this bill than any other bill in the past. It set the record for the longest committee meeting, going well into the night on multiple occasions. However, at the end of the day, the legislature passed the Arkansas Learns Act by a wide majority. This bill did consume the Bureau of Legislative Research (BLR) bill drafters. BLR is basically the staff for the legislators. They provide research, draft and prepare bills for filing. Some of our bills took a little longer than normal to be prepared because of all the work BLR put into the education bill.

Another top priority for the Governor was public safety. The Governor and Attorney General Tim Griffin went after violent career criminals that make our communities unsafe. Judges and sheriffs alike have been pushing for stronger laws and more prison space for years. Under the former administration, when state prisons reached capacity, the Governor would invoke the Emergency Powers Act (EPA), which allows the Department of Corrections (DOC) to release criminals before they have served their full sentence. We joke around here and say it’s hard to get into prison through the front door, but it is easy to get out because the back door is wide open. Sen. Ben Gilmore and Rep. Jimmy Gazaway sponsored SB495, now Act 659 — The Protect Arkansas Act. This bill put truth in sentencing for violent hardened criminals and repeat offenders. Under this new law those who commit the most heinous crimes — such as murder, rape, sex trafficking and internet stalking of a child — will serve 100 percent of their sentences.

Those who commit other highly serious crimes — such as battery in the first and sexual indecency with a child — will serve a minimum of 85 percent of their sentences. The Protect Arkansas Act prohibits the EPA eligibility of the 100 percent and the 85 percent classes.

Josh Curtis Governmental Affairs Director

State prisons are at max capacity, and county jails are holding over 2,000 state inmates waiting to be transferred to DOC. This backup puts a strain on misdemeanor justice; most if not all county jails haven’t held a misdemeanor in a decade. The county jail is supposed to be a holding facility for preadjudicated and misdemeanor crimes. Their inability to hold individuals for lesser crimes reduces our quality of life. Think about it: if someone knows he or she will not go to jail for breaking into a car or shoplifting, why not try to get away with it? They steal your kids’ bicycle or the packages off your front porch. Our justice system should alter this behavior early before it becomes increasingly more violent. The Governor, Attorney General and the General Assembly understand this and for that reason they dedicated over $300 million to build a 3,000-bed prison. A new prison has not been built since the early 2000s. This new prison will help keep our communities safer. This was the top priority for the judges and sheriffs this session, and they were key players in the passage of this bill and The Protect Arkansas Act.

Sanders campaigned on reducing the state income tax rate, so it was no surprise that she pushed for a $150 million tax cut. Her tax cut bill flew under the radar relatively speaking. Sen. Jonathan Dismang and Rep. Les Eaves sponsored SB549, which is now Act 532. This law reduces individual income rates from 4.9 percent to 4.7 percent, and it reduces the state’s top corporate tax rate from 5.3 percent to 5.1 percent, retroactive to Jan. 1, 2023. With the focus on education and public safety, the Governor implemented wise tax cut measures.

Other bills that were good for the counties were SB72 and HB1354. SB72, now Act 133, was sponsored by Sen. Jimmy Hickey. This new law deals with county jail reimbursement. It does not raise or lower the amount — the amount is $40 per day per state inmate. However, this bill allows the $40 per day to begin accruing as soon as the inmate is sentenced. Historically the DOC did not start paying the per day rate until the court and the counties sent in the right paperwork (the paperwork still must be submitted). The financial impact study estimates that counties will receive over $5 million more a year in county jail reimbursement because of this new law. Another bill that doesn’t get as much attention but may be a good revenue stream in the future is HB1354. Rep. Mike Holcomb and Sen. Ron Caldwell sponsored this bill that is now Act 211. It amends the definition of highway revenues for electric and hybrid vehicles. When the legislature passed the original fee for these vehicles, they did not split the revenue 70/15/15 among the state, cities and counties. All the money was going to ARDOT. This law changes that; counties will now get their 15 percent share. It isn’t a lot of money right now, but it could be in the future as more consumers purchase electric and hybrid vehicles.

AAC Legal Counsel Lindsey French, who represents the county clerks, had a busy session working on election-related legislation. There were almost as many election bills filed as appropriation bills. A total of 78 bills affecting elections in Arkansas were filed. The Heritage Foundation (a conservative think tank) publishes an election integrity scorecard for every state in the union, and Arkansas ranks 6th in the nation. There has been a push over the last couple of sessions to move Arkansas to the top of that list. Out of 78 bills files, 48 were signed into law. Some legislators say Arkansas will be No. 1 in