Over 1,100 new laws now in place from 2021 legislative session; federal lawsuit puts abortion and transgender bills on hold

August 2-8, 2021

In a legislation session that brought national attention to Arkansas, dozens of controversial bills passed by the 92nd General Assembly of 2021 are now on the books as new laws with several others facing lawsuits or future legal challenges.

In the session that began on Jan. 11 and adjourned on April 30, the GOP-controlled House and Senate and a popular Republican governor enacted over 1,100 new laws. As the state’s chief executive officer, Gov. Asa Hutchinson signed dozens of controversial measures into law including a new Stand Your Ground bill, a large swath of new voter restrictions, over $84 million in new tax cut measures, and dozens of new regulations related to the COVID-19 and billions in emergency funding.

However, two contentious bills related to abortion and transgender health care were put on hold due to federal lawsuits. Act 309, considered by many the most restrictive abortion law in the nation, was sponsored by Republican Sen. Jason Rapert and fellow Rep. Mary Bentley and signed into law on March 10 with an effective date of July 28.

U.S. District Judge Kristine Baker for the Eastern District of Arkansas in Little Rock issued a preliminary injunction blocking the act from becoming law after the Arkansas ACLU and Planned Parenthood Federation of America filed a lawsuit in May. Rapert publicly stated his intention is to appeal the law to the U.S. Supreme Court to challenge the constitutionality of Roe v. Wade, the landmark 1973 ruling that legalized abortion.

Act 626 by Rep. Robin Lundstrum, R-Springdale, also gained national attention as the first state law to transgender youth under 18 years ago from accessing transition-related health care. U.S. District Judge Jay Moody issued a ruling on July 21 blocking the enforcement of Act 626.

The ACLU filed the lawsuit in May on the behalf of four Arkansas transgender youth and their families, as well as two medical professionals in Arkansas who treat transgender youth. Gov. Hutchinson, who refused to sign the bill into law, said in a statement that the federal ruling echoed his concerns.

“[It] appears the act will be struck down for the same reason that I vetoed it,” said Hutchinson. “The act was too extreme and did not provide any relief for those young people currently undergoing hormone treatment with the consent of their parents and under the care of a physician.”

Although most of the 1,675 bills enacted during the 2021 session become law 90 days after the legislature adjourned on April 27, some bills have an emergency clause and became law immediately after the governor signed them. However, assembly did not sine die, which is the official last day of the session. Instead, Arkansas lawmakers are now under an extended recess but will return later this year to address redistricting.

Under state law, the state Board of Apportionment has three members – the governor, the attorney general and the secretary of state. The Census Bureau provides new data every 10 years. In 2010, state Senate districts had vastly different populations because of unequal growth over the previous decade.

Last week, Biden administration officials said it could take up to six months to release new population totals and recalibrate a new statistical tool to protect people's privacy. The release of the redistricting data already was postponed by five months from its original March 31 deadline by the Trump administration due to delays caused by the pandemic, causing Arkansas and other states to push back redistricting deadlines.

• Act 67 allows cities, counties, and improvement districts to partner with established providers to expand broadband services for those who currently do not have service or those who are underserved.

• Act 89 suspends the public-school rating system for the 2020-2021 school year due to the disruption to education caused by the pandemic.

• Act 154 exempts unemployment benefits paid in 2020 and 2021 from state income tax. It is estimated that more than 281,000 Arkansans received unemployment benefits in 2020.

• ACT 248 exempts COVID-19 relief loans for small businesses, such as the Paycheck Protection Program (PPP), from state income tax. It is estimated that more than 42,400 Arkansas businesses received a PPP loan in 2020.

• Act 250, known as the Arkansas’ cookie-version of similar “Stand Your Ground” in over 28 states, removes the duty to retreat before using physical or deadly force.

• Act 368 -This bill caps the taxable wage base for employers at $10,000 for 2022.

• Act 462 forbids discrimination against health care workers who refuse to participate in a service that violates their conscience.

• Act 522-This bill creates the Arkansas Military Affairs Council Act and establishes the Military Affairs Grant Program. The council will work with the Arkansas Economic Development Commission to promote and support military installations for state and local economic development.

• Act 568 -This bill creates the Small Town Economic Development Act. This bill amends the exemptions to the licensing requirements for architects to buildings whose fair market value does not exceed $250,000. The current exemption is for buildings under $100,000.

• Act 614 raises the foundation funding amount for public schools from the current $6,899 per student to $7,182 per student for the next school year. It increases the amount for the 2022-2023 school year to $7,349 per student. The bill also outlines enhanced funding amounts for school districts where a large majority of students qualify for the national school lunch program.

• Act 680 seeks to raise the average salary by creating the Teacher Salary Equalization Fund. The bill outlines a statewide target average of $51,822 for the 2021-2022 and 2022-2023 school years. This bill would direct the Department of Education to disperse money from the Equalization Fund to districts whose average teacher salary falls below $51,822.

• Act 681 states that a person who commits a serious felony involving violence is subject to serve at least 80% of his or her sentence if the state proves beyond a reasonable doubt that the person committed the crime under an aggravating circumstance.

• Act 736 limits possession of absentee ballots to four and creates a uniform voter statement for absentee ballots.

• Act 970 provides a sales and use tax exemption for water used by a poultry farm.

• Act 971 doubles the income tax deduction for a teacher's qualified classroom expense from $250 to $500.

• Act 973 establishes the Friday before election day as the last day to submit an absentee ballot application or deliver an absentee ballot in person by a registered voter, designated bearer, or administrator and requires absentee ballots to be delivered to the physical office of the county clerk.

• Act 977 bans state agencies from requiring COVID-19 vaccines.

• Act 1002 bans state and local governments from requiring masks. Gov. Hutchinson said Monday he is open to a special legislative session to change this law.

• Act 1012 states all acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution.

• Act 1013 reduces the sales tax from 6.5% to 3.5% on used cars priced from $4,000-$10,000.

• Act 1030 bans state agencies from requiring "vaccine passports."

• Act 1063 provides that the State Board of Election Commissioners may consider an appeal from a county board of election commissioner to reduce the number of polling sites in a county.