Legislative Update/IIAA Insider - February 8, 2019

 

     

This is our fourth legislative update for the 2019 session of the Arkansas General Assembly. The legislature has completed four weeks of the current session. There have been 414 bills introduced in the House and 284 in the Senate for a total of 698.... not bad for four weeks' time. Listed below are some of the hot issues discussed this week.
 

COVENANTS NOT TO COMPETE
 
HB 1068 by Rep. Brian Evans and Sen. Ricky Hill would repeal all the current statutes pertaining to non-compete agreements. This would, of course, impact hundreds of insurance agencies in Arkansas. The bill was on the House Insurance and Commerce Committee agenda on Wednesday, but after discussions with the bill sponsor, Rep. Evans has agreed to place it on the deferred list while he works on some amendments. We will follow this closely.


GOVERNMENT TRANSFORMATION
 
HB 1371 by Rep. Andy Davis and Sen. Bart Hester was filed Tuesday. It would e stablish the Department of Commerce as a cabinet-level department and assign powers and duties under the Transformation and Efficiencies Act of 2019. The bill would transfer 26 state departments, names the executive head as Secretary of the Department of Commerce, and authorizes the secretary to delegate functions, powers and duties to other personnel as necessary. This bill includes the Arkansas Insurance Department. Contrary to earlier reports that the individual state agencies would operate in the same manner as currently, the proposal gives broad powers to the Secretary of the Department of Commerce, including the hiring of employees for the affected departments. We will have discussions with the bill sponsors regarding the delegation of powers to the Secretary over the operations of the Insurance Department.


GOVERNOR HUTCHINSON'S TAX REDUCTION PROPOSAL
 
Two South Arkansas Democratic senators flipped their votes on Gov. Asa Hutchinson's $97 million tax cut bill on Wednesday, pushing the legislation to the House of Representatives where it is expected to find difficulty toward the same three-fourths votes to be enacted into law.
 
In the first real test for Hutchinson's broad agenda for the 92nd General Assembly, a super-majority of legislators gave the governor a quick 28-5 vote victory on Senate Bill 211 after losing a bruising floor debate a day earlier on retooling the state's top income bracket.
 
Under Hutchinson's abridged 5.9 plan, Arkansas' top marginal rate would drop to 6.6% in the first year of the biennium and down to the preferred 5.9% in the second year.
 
Unlike the  vote held the previous day, when two Republican senators failed to get Hutchinson's bill over the finish line by refusing to vote on the measure, SB 211 won approval with one vote to spare with the help of two Democrats who changed their minds. Sen. Eddie Cheatham, D-Crossett and Sen. Bruce Maloch, D-Magnolia, reversed from a "nay" to a "yea."
 
Immediately after the vote, Sen. Mark Johnson, R-Little Rock, asked Lt. Gov. Tim Griffin, who presides over the Senate, for a "clincher" vote on SB211, a procedural act in which a full Senate agrees that the just-adopted bill can't be reconsidered unless there is a consensus of the majority. SB 211 now goes to the House Revenue and Taxation Committee, which is chaired by Rep. Joe Jett, R-Success, one of the bill's chief architects.


HOUSE AND SENATE CALL FOR ETHICS REFORM
 
Arkansas legislative leaders called Monday for an increase in fines for ethics violations and a measure barring elected officials convicted of certain crimes from collecting their retirement benefits, moves intended to clean up the Capitol's image in the wake of widening corruption probes.
 
The top Republicans and Democrats in the predominantly GOP House and Senate announced a package of six bills focused on ethics reform following the probes that have involved several former lawmakers and lobbyists over the past two years.
 
The proposals include  increasing  the maximum fines the state Ethics Commission can levy for a violation from $2,000 to $3,500, and to increase the commission's staffing and funding. It also includes a proposal that would make an elected official ineligible to collect retirement benefits for their position if they're convicted of a felony related to that position. Another proposal unveiled Monday would increase the penalties elected officials would face for personal use of campaign funds. The package also will include a ban on political action committees donating to other PACs, and a prohibition on elected officials having multiple PACs.
 

AHIM -GOING DOWN THE TOILET
 
A bill that would abolish the Arkansas Health Insurance Marketplace and move its duties to the Arkansas Insurance Department moved one step closer to the governor's desk Wednesday. Senate Bill 113 by Sen. Jason Rapert, R-Conway, passed the House Insurance and Commerce Committee on a voice vote with a few members voting no. It now moves to the full House for consideration after having already passed the Senate. Gov. Asa Hutchinson has said he supports the bill.
 
AHIM is the state-based entity helping administer the exchange through which individuals purchase private insurance under the Affordable Care Act, otherwise known as Obamacare. Currently, 62,731 Arkansans have insurance that they purchased through the exchange. The bill would complete the transfer of duties by March 15.
 
The bill arose after an oversight committee studied the issue for 18 months. It was chaired by Sen. Ronald Caldwell, R-Wynne, and Rep. Deborah Ferguson, D-West Memphis. Rapert, Caldwell and Ferguson told legislators the marketplace, an independent, quasi-state entity, has outlived its usefulness, and its regulatory functions are duplicative of work already done by the Arkansas Insurance Department. They said the Insurance Department could do the same work for much less or possibly for no additional cost at all.
  

NEW HOUSE INTRODUCTIONS
  HB 1371  
Establishes the Department of Commerce as a cabinet-level department, transferring 26 state entities to the Department and assigning powers and duties under the Transformation and Efficiencies Act of 2019.

Requires an insurer to verify death benefits and other information for a deceased life insurance policyholder within 24 hours to the funeral home or cemetery performing funeral services or an assignment company under contract.

 
NEW SENATE INTRODUCTIONS

                        
SB 262  
 
Requires insurance coverage for the treatment of certain pediatric disorders. 
 

 

Requires insurers of amusement attractions to inspect inflatable attractions once a year rather than twice a year.
 

  SB 268
Adds $1.50 to the fee for obtaining a driving record and distributes those added revenues to the Arkansas State Police Fund.
 
 
 SB 273
Grants immunity to individuals acting on behalf of a board of any profession or occupation relating to the healing arts including an expert witness acting on behalf of the board.
 
 
  
 
Provides that out-of-state physicians who practice patient care services initiated in the state are subject to regulation by the Arkansas State Medical Board for decisions regarding the denial or approval of coverage under any health insurance plan.
 

 

CONTACT INFORMATION

 

State Senators: 501-682-2902

State Representatives: 501-682-6211

 

To view schedules, calendars, bill information and legislator information, visit: www.arkleg.state.ar.us.

To view live stream video and audio from the Arkansas House of Representatives, visit www.arkansashouse.org.

 

Independent Insurance Agents of Arkansas phone: (501) 221-2444

IIAA web site: www.iiaar.org

  

 

The Weekly Legislative Update is written by Lynn Zeno;

edited and distributed by Kari McAfee.

  

 

 
As a reminder, the Legislative Update is sent to all IIA of Arkansas members via electronic communications unless you notify us otherwise at [email protected] or by telephone at 501-221-2444
  
The Legislative Update is a publication of the Independent Insurance Agents of Arkansas to members and associate members of this Association. Reproduction, by any means, of material appearing in the Legislative Update is strictly forbidden without permission.