Arkansas Legislative Update

The Senate Committee on Public Health, Welfare and Labor endorsed legislation to repeal language in state law allowing medical facilities to be licensed in order to perform abortions.
Senate Bill 138 is what legislators call a clean-up bill. Usually, such bills merely correct typographical errors in state regulations or they update obsolete language.
But SB 38 is not like other clean-up bills because it is enormously symbolic.
Last year in a case out of Mississippi the U.S. Supreme court repealed Roe v. Wade, a precedent that allowed abortions. Arkansas had in place a “trigger” law, Act 180 of 2019. It immediately outlawed abortions except to save the life of the mother and now Arkansas is considered one of the most pro-life states in the country.
Prior to the Supreme Court ruling, laws passed by the Arkansas legislature to restrict abortions were tied up or overturned in federal court. That allowed facilities in Arkansas to perform abortions because federal law superseded state laws. The state Health Department used to license those facilities.
However, now that Act 180 is in effect there is no need for language licensing abortion facilities. SB 138 recognizes that fact.
After committee approval, the next step is for SB 138 to be voted on by the entire Senate and sent to the House of Representatives.
In other action, the full Senate unanimously approved SB 66 to require Internet sites to verify the age of viewers if the sites are harmful to minors due to the availability of pornographic material. The required age verification could be a digital ID, such as a driver’s license.
Web sites that fail to verify the age of viewers would be liable for harm done to minors. Also, the adult sites would not be allowed to keep information, but would have to immediately dispose of personal information obtained from adults. If the sites keep identifying information of adults they would be liable for damages, court costs and attorneys’ fees.
The Senate sent SB 66 to the House.
The Senate also approved legislation that allows a city to create an entertainment district without having an advertising and promotion tax. They are commonly known as “hamburger” taxes, and current law does not allow entertainment districts in cities without them.
The legislation is House Bill 1024. It has already been approved by the House, where it originated, and now will be sent to the governor for her signature.
Another bill that has been approved by both chambers and awaits the governor’s signature is HB 1123, to allow someone who has voluntarily sought mental health treatment to apply for a concealed carry permit. The person would have to wait two years after completing treatment and then could file a petition in circuit court.
A bill to categorize drag shows as adult entertainment is progressing, although with amendments. The Senate approved SB 43, but a House committee changed it to further define adult oriented businesses.
SB 43 would restrict where drag shows could be performed, because adult entertainment such as strip clubs are restricted. For example, they cannot be held on public property and minors may not attend.
The Senate must agree to the changes adopted in the House before SB 43 is sent to the governor.