AFEC UPDATE: Developments at the Legislature

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

The General Assembly is past the halfway point in this session, meaning there is still more ahead. The following are some of the more important measures we are following. I will be as brief as possible, but I will share more details about any of these at your request.

• HB1578, HB1722, and SB455 — We have added these three new bills to our watch list. These bills all deal with the same subject matter. Each one deals with the legalization of the growing, processing, and sale of hemp-derived products. Hemp is a variety of the cannabis plant (marijuana), and like the marijuana plant, it contains THC, the psychoactive component that gives a user a high and puts them under the influence (although the THC concentration in hemp is at a level lower than in the marijuana plant). Pursuant to the Federal Farm Bill of 2018, hemp can be grown and developed into products provided the hemp contains a concentration of no more than 0.3% THC. Many of the hemp-derived products that will be allowed under these bills are human consumable products, such as beverages, candies, vapes, etc. And therein lies the problem. These products will have the capacity to cause intoxication and render the user impaired. The solution is simple. If hemp is allowed to be grown and developed into products, insist on the following and especially important qualifications. The law should require that the hemp used in human consumable products have the THC removed. The Federal Farm Bill allows a certain amount of THC in hemp, but it does not require it. So, take the THC out of the hemp intended for human consumption. The process exists, and it is doable. Status: These bills are pending in the relevant committees.

• HB1610 — This bill is the Arkansas Human Life Protection Act. Currently, abortion is prohibited in Arkansas except to save the life of the mother in a medical emergency. “Medical emergency” is defined as a life-threatening condition requiring an abortion to prevent the woman’s death. The bill makes it clear that “medical emergency” means the pregnant woman’s life is in danger due to a physical disorder, illness, or injury, including conditions arising from the pregnancy. The bill also sets out that abortion is not an option when there are other ways to save the life of the mother or the child. Status: This good bill has passed the Senate and the House and will become law upon the Governor's signature.

• HB1615 — This bill concerns religious nondiscrimination. It will prohibit government discrimination against religious organizations based upon the religious organizations’ religious identity or conduct. It will ensure that faith-based adoption and foster care providers remain free to serve children in need. It will also prohibit the government from discriminating against certain individuals and organizations because of their beliefs regarding marriage or gender. It will prevent the government or a private party through litigation from compelling individuals and organizations to engage in conduct that conflicts with their beliefs. Status: This bill is pending in the House Judiciary Committee.

• SB223 — This bill is intended to enumerate and guarantee several religious rights for students attending public schools. Some of those rights include praying silently or aloud, individually or in groups, form and participate in religious clubs in the same manner other clubs or groups can function and express a religious viewpoint in the same manner other viewpoints can be expressed. There are several other religious rights students will enjoy listed in the bill. Status: This bill passed the Senate and is now awaiting action in the House of Representatives.

• HB1306 — This bill would provide civil immunity, not criminal immunity, to churches and to their volunteers who “provide safety, security, or protection for a church . . . as authorized by the church.” The immunity is only available to security personnel who receive mandatory security training from the church. Immunity is not available for acts or omissions due to intentional, reckless, or grossly negligent conduct. Status: At this point, this bill is stalled in the House Judiciary Committee.

• HB1173 — This bill will dramatically increase the percentage of alcohol permitted in beer sold in grocery and convenience stores. Currently, the percentage is set at 5% alcohol by weight; this bill will increase that to 14% alcohol by weight. Cold beer is sold in grocery stores and convenience stores. It is common for drivers to consume the cold beer purchased at a store. The evidence is clear by all the beer cans we see on the shoulders and ditches along our highways. These drivers may down 2 or 3 of the 5% beers and get a good buzz. What will happen when those 2 or 3 beers contain 14% alcohol? Impaired drivers, DWI arrests, and mayhem, injury, and death on our highways will be some of the results. NOTE: This bill was defeated in the House of Representatives in its first shot at passage; however, sponsors can bring a bill back for another vote. We must assume it can come back, so we need to continue to monitor it.

• HB1011 — This bill is entitled the “Restore Roe Act.” It is an extreme measure that would set the clock back on our state’s abortion laws. It would return us to the standards prior to the Dobbs decision that reversed the Roe v. Wade decision in a stunning move by the U.S. Supreme Court. We will vigorously oppose this measure to retain the strong pro-life standards we all have worked so hard to achieve. Status: No action has been taken on this bad bill to date, and we hope the sponsor realizes that the votes to pass it just are not there.

• HB1634 and HB1004 — These are the “Sports Raffle Acts,” which would permit colleges and universities or a nonprofit organization affiliated with the school to conduct a raffle in conjunction with the school’s sporting event. The proceeds could be utilized by the school for several purposes, including, and most importantly to the bills’ supporters, additional funds to provide financial assistance to student-athletes. Status: House Bill 1634 passed the legislature and is now law.

Thanks for your participation in good government. It works best when we get involved, have our voices heard and our preferences known. Let me encourage you to do a couple of things. First, we want to hear your thoughts about these issues. Contact us at llp@arfaith.org or (501) 837-1688. Secondly, let your state representative or senator know how you feel about any issues that resonate with you and how you would like them to handle your concerns.

To identify your state senator and get contact information for him or her, take the following steps:

• Go to senate.arkansas.gov

• On the Senate’s home page, click on the green box that says Find My Senator.

• On the page it takes you to, type in your address and click on Search.

• Your senator’s name and contact information will appear.

To identify your state representative and get contact information for him or her, take the following steps:

• Go to arkansashouse.org.

• On the house’s home page, click on Find Your Representative.

• On the page it takes you to, type in your address and click on Search.

• Your representative’s name and contact information will appear in a box.

• For an email address, click on “Full profile,” and on the page it takes you to, scroll to the bottom for the email address.

You can call the Senate switchboard at (501) 682-2902 and the House of Representatives at (501) 682-6211 during regular office hours and leave a message for your legislator requesting support or opposition to a bill under deliberation. Please use the bill number when conveying this information or describe the issue sufficiently.