90th general assembly notable acts of the. cory cox

90th General Assembly

• Notable Acts of the

Cory Cox

Act 139and Act 1014 The Telemedicine Abortion Bills:

• SB 53 Irvin and HB 1076, respectively.• Requires that when mifepristone or another drug or chemical regimen is used to

induce an abortion, the initial administration of the drug shall occur in the physical presence of the prescribing physician.

• The physician shall make all reasonable efforts to ensure that the patient returns 12-18 days after administration of the drug so that the physician can confirm that the pregnancy has been terminated and assess the patient’s medical condition. The efforts made to comply with the Act shall be noted in the patient’s medical record. The Act bars abortion by telemedicine due to the requirement that the physician be physically present for administration of the abortion-inducing drug.

Act 577 (HB 1394 C. Fite) The FDA Protocol Bill:

• Requires physicians to administer RU-486 (mifepristone and Misoprostol, the “Mifeprex regimen”) in accordance with FDA protocol.

• Current FDA protocol as outlined in the final printed labeling of mifepristone consists of three 200mg tablets of mifepristone followed by two 200mg tablets of misoprostol, through 49 days’ gestation.

• Prior to administering the drug regimen, a physician must meet with the patient and document gestational age and intrauterine location of the pregnancy.

Act 934 (HB 1424 Harris) Parental Notification Bill:

• Requires parental consent for abortions performed on a pregnant minor, or alternatively, provides a judicial bypass procedure for the pregnant minor to obtain an abortion without parental consent.

• The prior parental consent chapter is repealed and replaced. A physician shall not perform an abortion upon an emancipated minor without first obtaining the written consent of the pregnant minor (if she is competent) and one parent or legal guardian.

• The physician must also obtain proof of identification from the parent/guardian in the form of a government-issued photo identification card, and written documentation that establishes that the person is the lawful parent or guardian of the pregnant minor.

• Consent is not required in the case of a medical emergency where there is not sufficient time to obtain consent – it must be documented in the patient’s medical record. In the case of an emergency abortion, the physician must notify the parent/guardian within 24 hours after the abortion is performed, unless the pregnant minor gives notice of intent to obtain a judicial waiver. Where a judicial bypass is sought, the court shall expeditiously schedule a confidential conference with the pregnant minor and the physician. The pregnant woman is entitled to appointed counsel.

Act 996 (SB 569 Stubblefield) Public Funding of Abortion

• Bars public funds from going directly or indirectly to abortion providers. This is already prohibited by Amendment 68 to the Arkansas Constitution, as acknowledged in the Act.

• The Act prohibits the state from awarding a grant to pay the direct or indirect costs of performing, inducing, referring, or counseling in favor of elective abortions and further prohibits the award of any grant to any entity or affiliate of any entity that performs abortions, provides abortion referrals, or counsels in favor of elective abortions.

Act 137 (SB 202 Hester): The Intrastate Commerce Improvement Act.

• Act 137 prohibits any county, municipality, or other political subdivision of the State from adopting or enforcing any ordinance, resolution, rule, or policy “that creates a protected classification or prohibits discrimination on a basis not contained in state law.” (To be codified as Ark. Code Ann. § 14-1-403(a)).

• The prohibition does not apply to any rule or policy regarding employees of a county, municipality, or political subdivision. (To be codified as Ark. Code Ann. § 14-1-403(b)).

• The purpose of the Act “is to improve intrastate commerce by ensuring that businesses, organizations, and employers doing business in the state are subject to uniform nondiscrimination laws. . .” (To be codified as Ark. Code Ann. § 14-1-402(a)).

Act 975 (SB 975 [yes they are the same number] by J. Hutchinson) RFRA:

• Act 975 was a reaction to Governor Hutchinson refusing to sign HB 1228 which had made its way to his desk.

Differences in the two bills

• SB/ Act 975

• - Claims only against governmental bodies.

• Must have normal standing to claim.

• Relies on federal case law in defining standing, etc.

• HB 1228

• Claim against anyone• Allowed prospective relief• Was much more defined

and did not rely on existing case law

Act 975 mirrors the familiar

• Act 975 is substantively identical to the federal RFRA law and RFRA laws in about 20 states. Under the RFRA laws, any person whose exercise of religion is substantially burdened by the government may assert the RFRA protection as a claim or defense against the government in court.

• Uses a strict scrutiny standard.

Rosalyn Middleton

NOTABLE EDUCATION LEGISLATION FROM THE 90TH GENERAL ASSEMBLY

FUNDING OF PUBLIC EDUCATION (LAKE VIEW)

Act 377 Waiver from Administrative Consolidation

(HB1263) Establishes a waiver from administrative

consolidation for school districts with an ADM of less than 350 students if the school district can show that, despite the school district’s low enrollment, the school district is providing its students with an adequate education.

Act 1178 Succeed Scholarship

(HB1552) Establishes a scholarship fund separate from the Public

School Fund for students with disabilities. Scholarship will allow the student to attend a private

facility, if : o The student is currently enrolled in a public

school. o Must be enrolled for at least a year. o Public school setting not an appropriate

environment for the student. Scholarship = Foundation Funding Amount

Act 1248 School Funding (HB1663)

According to Lake View, the State has an “absolute duty to provide the [public] school children of Arkansas with an adequate education.”

Establishes the minimum per pupil dollar amount necessary to provide an adequate education.

2015-2016 School Year = $6,584 (Foundation Funding)

NOTABLE EDUCATION LEGISLATION FROM THE 90TH GENERAL ASSEMBLY

DESEGREGATION

Act 240 Waivers for Public School Districts (HB1377)

Allows a public school district that is losing students to an open-enrollment charter school to petition the state board of education for all or some of the same waivers granted to the charter school.

Act 560 School Choice (SB179)

Eliminates the voluntary exemption for school districts.

Requires school districts seeking an exemption to submit proof that the school district is subject to an “active” desegregation order or plan.

Act 372 Creating a New School District by Detachment from an Existing

District (HB1242)

Reduce the minimum area and pupil requirements for creating a new school district from an existing school district.

Applies only to school districts with an ADM of 5,000 to 20,000 students or encompassing a total area of 450 square miles.

Cannot reduce the existing district to less than 2,500 students.

New school district must have a minimum of 2,500 students.

Nga Mahfouz

ACT 102: AN ACT TO AMEND ARKANSAS LAW CONCERNING THE POLITICAL FREEDOM OF PUBLIC EMPLOYEES

Act 102 makes it unlawful for any public employers to: • (1) discipline, (2) threaten to discipline, (3) reprimand orally or in writing, (4) place any discipline/reprimand notation in personnel, or (5) otherwise discriminate against • public employees because they• communicated with an elected official or• exercised a right or privilege under the Arkansas Freedom of Information ActThe term “public employee” is broadly defined to include any person providing services for the State of Arkansas, a county, a municipal corporation, or any other political subdivision of this state for which compensation is paid.

ACT 220: AN ACT TO REQUIRE THE ARKANSAS STATE CLAIMS COMMISSION TO PROVIDE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW TO SUPPORT A FINAL ADJUDICATION FOR A CLAIM CONSIDERED BY THE COMMISSION• When dismissing a claim or issuing a final adjudication of a claim on the merits, the Commission must provide specific findings of fact and conclusions of law to support its decision.• The Commission may not merely cite to a party’s arguments or motion, unless its decision is also supported by a specific explanation as to why the argument or motion is determinative to its decision.• If the Commission’s decision is based on an evidentiary or civil procedure rule, statute, or case law, it must cite said rule, statute or case law.• An appeal to the General Assembly will not be accepted, unless it complies with the above requirements. o Non-compliant appeals will be sent back to the Commission for reconsideration until the above requirements are met.• Requirements do not apply to claims filed by ADC inmates.

ACT 1101: AN ACT TO ESTABLISH A BILL OF RIGHTS FOR A PROPERTY OWNER

Property owners who are subject to eminent domain condemnation proceedings have the following bill of rights:

• Receipt of just compensation when private property is taken for a public use.• Private property may only be taken for public use.• Private property may only be taken by a governmental entity or a private entity authorized by law to exercise the power of eminent domain. • Receipt of reasonable notification of an entity’s interest in taking the property owner's private property.• Receipt from the government or private entity an assessment of the just compensation the entity estimates for the property owner's private property before or contemporaneously with a good faith offer of just compensation.• When the owner cannot be located and is served by warning order, filing the assessment with the complaint for condemnation will be sufficient compliance with this requirement.• Receipt of good faith purchase offer from entity before condemnation proceeding commences.• Right to hire an appraiser/other independent professional to determine the value of the property or to assist the owner in a condemnation proceeding.• Right to hire an attorney to represent the property owner in a condemnation proceeding and negotiate on behalf of the property owner with the entity.• In an eminent domain condemnation proceeding, the circuit court must impanel a 12-member jury to determine the just compensation owed to the property owner.• Right to appeal a decision entered by the circuit court.

• In a condemnation brought under state law, owner shall be entitled to an award of his/her costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including the cost of appraisals and expert fees, if the compensation ultimately awarded exceeds the condemning entity's initial assessment of the just compensation owed by twenty percent (20%) or more. o Award of costs, expenses, and fees in condemnation brought by city or county is governed by laws that authorize the condemnation action.With respect to condemnation proceedings initiated by the State Highway and Transportation Department, if the compensation finally awarded exceeds the amount of money deposited by 20% or more, the court shall enter judgment against the State of Arkansas and in favor of the party entitled thereto for the amount of the deficiency and shall award the party entitled to judgment its costs, expenses, and reasonable attorney’s fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts.

ACT 1103: AN ACT TO AMEND ARKANSAS LAW CONCERNING THE PREVENTION AND DETECTIION OF FRAUD AND OTHER IMPROPER ACTIVITIES WITHIN STATE GOVERNMENT

No Retaliation For Reporting Loss Of Public FundsUnder the Whistleblower’s Act, a public employer may not take adverse action against an employee who reported a loss of public funds under ACA 25-1-124, which requires public employees having supervisory fiduciary responsibility over all fiscal matters to report a loss of public funds to Legislative Audit, including:• Apparent unauthorized disbursements of public funds.• Apparent theft or misappropriation of public funds or property.Such mandatory reports shall be made within 5 business days after employee learns of the loss.An employee with supervisory fiduciary responsibility over all fiscal matters who purposely fails to comply with this reporting obligation is guilty of a Class A misdemeanor.Protecting Confidentiality of Documents Under The Whistleblower Act• All materials, documentation (including drafts of investigative reports), and other data gathered in connection with a communication regarding the existence of waste or a violation are privileged, confidential, and exempt from FOIA.• However, final reports issued by the employer or appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, unless they are exempt from disclosure under other laws.• Applies to communications regarding waste or a violation received by a telephone hotline allowing for the reporting of fraud, waste, or government abuse.

• This section does not apply to the name and identifying information of a state employee eligible to receive a reward under the Whistleblower’s Act.Notice-Posting Requirement

Public employers must conspicuously post a printed sign at least 8.5” x 11” which:• Informs employees of the provisions of the Whistleblower’s Act;• Identifies the appropriate authority to whom employees may communicate in good faith regarding the existence of waste or violation; and• Provides the number of telephone hotline for reporting of fraud, waste, or government abuse, if such hotline exists.Legislative Audit is required to prepare the sign and make it available on its website in a format which allows it to be printed by public employers.Communications Made In Normal Course Of Duty Are Not Eligible For Rewards Under The Whistleblower Act

Communications will be deemed to be in the normal of course of duty if the employee:• Handles or exerts control over the employer’s funds;• Participates in making decisions or recommendations concerning the deposit, investment, expenditure of the employer’s funds; or• Is responsible for auditing the employer’s funds.

Shawn Johnson

Act 411 – Substance Abuse Reporting Act

Requires health licensed entities to report within 7 days to the

professional licensing entity and law enforcement any employee

disciplinary actions or voluntary resignations during pending

disciplinary actions as a result of drug abuse. If the professional

licensing entity determines that criminal activity may have been

committed, then the licensing entity must report it to the Drug

Enforcement Administration.

*Effective July 22, 2015

Act 887 – Telemedicine

Authorizes the use of telemedicine (i.e., real time, two-way

audio-visual communication) so long as the health care

professional is licensed in Arkansas and so long as the medical

provider has a pre-existing personal or professional relationship

with the patient or the patient was referred to the medical

professional by another medical professional who has a pre-

existing professional relationship with the patient. Requires

health insurers to reimburse telemedicine providers at the same

rates as in-person medical providers.

*Emergency Clause – Currently in effect

Act 374 – Right to Try Act

Allows licensed physicians to prescribe to eligible patients investigational drugs that have been partially

approved by FDA (through Phase I [which only examines toxicity and dosing, not safety or efficacy of

drug]) yet remain in clinical trial. Eligible patients are those who: (1) have a terminal illness; (2) have

been determined by a qualified physician to have no other FDA approved medical options; (3) have

been unable to participate in a clinical trial within 100 miles of patient’s home or not accepted within

one week of application; (4) have been prescribed for the drug; (5) have given their informed consent.

Grants tort immunity to manufacturers and doctors so long as they comply with this Act in good faith.

If the patient dies during treatment with the investigational drug, then the heirs are not liable for debt to

the manufacturer. State actors may not take adverse licensing actions against medical professionals for

prescribing investigational drugs. (NOTE: original version of the bill (which did NOT pass) made it a

Class A misdemeanor for the State and its agents to interfere with access to investigational drugs).

* Effective July 22, 2015

Act 1114 – The Joshua Ashley-Pauley Act

Grants immunity from arrest, charge or prosecution for anyone

who, while illegally possessing a controlled substance, seeks

medical assistance in good faith for himself or herself for or

another. A person’s probation or status respecting a protective

order or TRO shall not be affected so long as the individual was

seeking medical assistance in good faith. Note: it is unclear

whether this immunity extends to all involved individuals or

only the caller, but there is an arguable interpretation that it

protects all involved individuals.


Act 1222 – Naloxone Access Act

Authorizes EMT’s, first responders, law enforcement, and

medical professionals, to administer naloxone to anyone whom

they “reasonably believe” to be experiencing an opioid

overdose. Naloxone is a scientifically proven opioid antagonist

(or painkiller antidote). Grants immunity to anyone who

prescribes or administers naloxone.


Act 1063 – Recording of Public Events

Prohibits a public officer or employee from prohibiting a person from using a recording device

unless the act of recording presents a risk to public safety of those present, is located inside a

drinking water treatment facility, constitutes an element of a criminal offense, could infringe on

copyrighted material, circumvents the requirements for pay-to-use material, or unreasonably

obstructs another person’s lawful presence or movement. Deletion or seizure of recorded

material is prohibited unless it constitutes contraband or appears to be involved in commission

of a crime. A violation of this section waives the state’s sovereign immunity, but individual

capacity claims are prohibited, and punitive damages are not allowed. The statute expressly

states that the Health Insurance Portability and Accountability Act’s (HIPAA) privacy

protections supersede the Act with respect to medical facilities.


Act 1078 – Firearms on School Property

Extends existing exemptions for concealed carry licensees to

the publicly owned and maintained parking lots of K-12

schools, public buildings (including State Capitol), buildings

owned by the Arkansas Highway and Transportation

Department, and higher education institutions. (Note: if

unattended, the car containing the firearm must be locked in

order for the exemption to apply.) * Effective July 22, 2015