Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 15
4
5 By: Senator D. Sullivan
6 By: Representative Gonzales
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ARKANSAS EMERGENCY SERVICES ACT
10 OF 1973 CONCERNING THE SUSPENSION OF REGULATORY
11 STATUTES, ORDERS, OR RULES DURING AN EMERGENCY; TO
12 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
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14
15 Subtitle
16 TO AMEND THE ARKANSAS EMERGENCY
17 SERVICES ACT OF 1973 CONCERNING THE
18 SUSPENSION OF REGULATORY STATUTES,
19 ORDERS, OR RULES DURING AN EMERGENCY; AND
20 TO DECLARE AN EMERGENCY.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code 12-75-114(e)(1), concerning the disaster
26 emergency responsibilities of the Governor, is amended to read as follows:
27 (1)(A) Suspend the provisions of any regulatory statutes
28 prescribing the procedures for conduct of state business, or the orders or
29 rules of any state agency, if strict compliance with the provisions of any
30 regulatory statute, order, or rule would in any way prevent, hinder, or delay
31 necessary action in coping with the emergency.
32 (B) A suspension of a regulatory statute, order, or rule
33 under subdivision (e)(1)(A) of this section expires after thirty (30) days
34 unless:
35 (i) The Governor finds that the threat or danger has
36 passed and terminates the state of disaster emergency by executive order or
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1 proclamation under this subchapter before the expiration of the thirty-day
2 period; or
3 (ii) An extension of the thirty-day period is
4 approved by passage of:
5 (a) A concurrent resolution of the General
6 Assembly, if the General Assembly is in regular, fiscal, or extraordinary
7 session; or
8 (b) A resolution of the Legislative Council,
9 if the General Assembly is not in regular, fiscal, or extraordinary session;
10
11 SECTION 2. DO NOT CODIFY. TEMPORARY LANGUAGE. A regulatory statute,
12 order, or rule suspended under 12-75-114(e)(1) as of the effective date of
13 this act shall remain suspended for thirty (30) days following the effective
14 date of this act or until an action is taken under 12-75-114(e)(1)(B),
15 whichever is earlier, without regard to whether the state of disaster
16 emergency related to the suspension of the regulatory statute, rule, or order
17 is terminated before the expiration of the suspension under this section.
18
19 SECTION 3. EMERGENCY CLAUSE. It is found and determined by the
20 General Assembly of the State of Arkansas that under the Arkansas Emergency
21 Services Act of 1973, 12-75-101 et seq., broad discretion is granted to the
22 Governor to deal with emergencies; that because the nature of the coronavirus
23 disease (COVID-19) pandemic has required swift and long-term action on the
24 part of the Governor, the law has been tested and deficiencies in the law
25 have been exposed; and that this act is immediately necessary because it is
26 responsive to the information learned thus far during the coronavirus disease
27 (COVID-19) pandemic and requires legislative approval during an emergency,
28 creating a more balanced response to an emergency. Therefore, an emergency is
29 declared to exist, and this act being immediately necessary for the
30 preservation of the public peace, health, and safety shall become effective
31 on:
32 (1) The date of its approval by the Governor;
33 (2) If the bill is neither approved nor vetoed by the Governor,
34 the expiration of the period of time during which the Governor may veto the
35 bill; or
36 (3) If the bill is vetoed by the Governor and the veto is
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1 overridden, the date the last house overrides the veto.
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Statutes affected:
SB 15: 12-75-114(e)