2023 Arkansas Legislature Summary

By Larry Page, Executive Director • Arkansas Faith & Ethics Council

The official adjournment of the legislative session occurred on May 1, after nearly four months of deliberations. The following is a compilation of some of the key bills and proposals we had been concerned with, working on at some level or tracking. There were hundreds of other measures, but the ones we list in this summary are the major ones from our perspective and considering our agenda. For sake of brevity, we will give a basic description of each bill and indicate its outcome.

Abortion / Pro-Life

• House Bills 1301, 1670 and 1684 and House Joint Resolution 1008 — These were proposals to dramatically increase the number of abortions permitted in Arkansas by providing exceptions to our very strong pro-life laws. Existing law only permits an abortion to save the life of the mother in bona fide medical emergencies. These four measures would have allowed abortions for unborn children with so-called “abnormalities,” for alleged (but not necessarily proven) incest, to protect the health of the mother (which could include trivial conditions such as depression and anxiety) and for any purpose or no purpose at all (unrestricted abortion, in other words), effectively repealing the state’s Unborn Child Amendment. Fortunately, these four proposals never saw the light of day and went nowhere.

• House Bill 1174 — This bill never made it out of committee. The reason it never gained any traction is because it would have allowed the prosecution of a woman or girl for obtaining an abortion to terminate her pregnancy. There was simply no desire on legislators’ parts to prosecute women and girls in those circumstances, especially when it is a known fact that many women are often coerced, threatened and intimidated by a husband, a boyfriend or even a father into submitting to the abortion.

• House Bill 1786 — This bill, now Act 848, confirms that an abortion can only be performed to save the life of the mother. It adds another requirement that an abortion can only be performed in a hospital or emergency room.

Alcohol and Other Drugs

• Senate Bill 411 and House Bill 1631 — These were identical bills. The intent was to dramatically increase the amount of alcohol allowed in beer. We strenuously opposed these bills, and with the help of many of you, we were successful in defeating them.

• House Bill 1024 — The purpose of this bill was to make it easier to establish entertainment districts (designated areas of towns where outdoor public drinking is allowed). We strongly opposed this bill, as did many of you. Unfortunately, after we scored initial success, the bill made it through and is set to become law as Act 34.

• House Bill 1432 — This bill, which we tried to stop, passed and is now Act 540. It amends existing law and permits private clubs in wet counties to join restaurants in being allowed to deliver alcoholic beverages with food orders.

• House Bill 475 — This bill was approved and is now Act 705. It allows the dispensing of alcoholic beverages from vending machines. Supporters pointed to all kinds of safeguards to prevent alcohol from getting into the wrong hands, but it seems that kind of operation cannot be made failsafe.

Child Welfare

• House Bill 1028 — This good bill is now Act 21. It strengthens our laws against obscenity by replacing the term “child pornography” with “child sexual abuse material.”

• House Bill 1151 — This well-intentioned bill was deferred until the 2025 legislative session, so that it can be studied and improved. It would have increased the criminal penalties for sexually grooming a child.

• House Bill 1502 — This bill passed and is Act 722. It creates in the criminal offense of sexual solicitation of a minor.

• Senate Bill 270 — Now Act 619, this measure strengthens the law and enhances criminal penalties for a number of offenses for committing sexual indecency with a child. This includes an adult who, with the purpose of arousing or gratifying a sexual desire, enters into or remains in a restroom designated for the opposite sex when he or she knows a minor is present.

• Senate Bill 396 — Now Act 689, this law requires social media companies to verify that an account holder is an adult or that a minor seeking to be an account holder has been given permission by his or her parents.

• Senate Bill 43 — This bill is now law (Act 689), and prohibits adult-oriented performances of a sexual nature that include partial or total nudity or that presents specific sexual activity from being financed with public funds and from being performed in the presence of minors.

• Senate Bill 66 — This bill passed and is now Act 612. This law requires internet pornography companies to verify that persons trying to access their content are adults. There are penalties if they don’t use reasonable means to prevent minors from viewing the smut they offer.

• Senate Bill 81 — This bill was approved and is Act 372. The new law is intended to protect minors from harmful material distributed by libraries. It also establishes a process by which parents can challenge material libraries possess and possibly make available to minors.

Religious Liberty

• House Bill 1615l — This new law (Act 733) strengthens our state’s Religious Freedom Restoration Act in several ways, including specifying the kinds of religious restrictions the government might attempt to impose that people of faith can successfully challenge and the procedures by which that could be accomplished.

Transgender Issue

• House Bill 1156 — This is now law (Act 317). It will protect students at public schools and public charter schools from having to share sex-specific spaces — such as locker rooms, shower rooms, restrooms and changing areas where stages of undress are common — with a member of the opposite biological sex. Accommodations, such as single-use facilities, may be provided for those declaring a different gender identity than the sexual identity given them at birth.

Thanks for allowing us to serve you. To those who support us with your prayers and financial gifts, we appreciate that you have chosen to partner with us. Our gratitude for you runs deep.