Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 503 of the Regular Session
 State of Arkansas                    As Engrossed:      H3/27/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1296
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 By: Representatives Gazaway, M. Shepherd
 By: Senators C. Tucker, J. Bryant
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                                     For An Act To Be Entitled
                 AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE ARKANSAS
                 CODE CONCERNING THE USE OF RESPECTFUL LANGUAGE WHEN
                 REFERRING TO INDIVIDUALS WITH DISABILITIES; AND FOR
                 OTHER PURPOSES.
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                                               Subtitle
                         TO MAKE TECHNICAL CORRECTIONS TO THE
                         ARKANSAS CODE CONCERNING THE USE OF
                         RESPECTFUL LANGUAGE WHEN REFERRING TO
                         INDIVIDUALS WITH DISABILITIES.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code § 11-4-214 is amended to read as follows:
        11-4-214.        Temporary special exemptions — Definition.
        (a)    Any person handicapped individual affected by lack of skill, age,
 or physical or mental deficiency or injury disability in any a way that his
 or her earning capacity is impaired shall be granted a temporary special
 exemption license or permit authorizing the employment of the person
 individual at wages lower than the minimum prescribed in this subchapter
 until such time as the Director of the Division of Labor shall hold a hearing
 and prescribe rules regarding exemption of these persons individuals as
 authorized in this section.
        (b)(1)       The director may provide by rule, after notice and public
 hearing at which any person may be heard, for the employment in any
 occupation of individuals whose earning capacity is impaired by age or
     *MBM066*                                                                   03-27-2023 11:16:20 MBM066
     As Engrossed:    H3/27/23                                                 HB1296
 physical or mental deficiency or injury disability at wages lower than the
 minimum wage rate provided in § 11-4-210 as he or she may find appropriate to
 prevent curtailment of opportunities for employment, to avoid undue hardship,
 and to safeguard the minimum wage rate under this subchapter.
            (2)    In addition, the director, by rule or special order, may
 provide for the employment of handicapped clients individuals whose earning
 capacity is impaired by age or disability in work activities centers under
 special certificates at wages that are less than the minimum prescribed in §
 11-4-210 that the director determines constitutes equitable compensation for
 the clients in work activities centers.
      (c)   For the purposes of this section, the term “work activities
 centers” shall mean centers planned and designed exclusively to provide
 therapeutic activities for handicapped clients clients with disabilities
 whose physical and mental impairment is so severe as to make their
 productivity capacities inconsequential.
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      SECTION 2.    Arkansas Code § 17-99-102(3)(B)(iii)(a)(7), concerning
 respiratory care practitioners, is amended to read as follows:
                                      (7)   Exercises designed for the
 rehabilitation of the cardiopulmonary handicapped individuals with
 disabilities that are cardiopulmonary in nature;
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      SECTION 3.    Arkansas Code § 17-100-102 is amended to read as follows:
      17-100-102.    Public policy.
      It is declared to be a policy of the State of Arkansas that, in order
 to safeguard the public health, safety, and welfare; to protect the public
 from being misled by incompetent, unscrupulous, and unauthorized persons and
 from unprofessional conduct on the part of qualified speech-language
 pathologists and audiologists; and to help to assure the availability of the
 highest possible quality speech-language pathology and audiology services to
 the communicatively handicapped people of this state individuals with
 disabilities that are communicative in nature who reside in this state, it is
 necessary to provide regulatory authority over persons offering speech-
 language pathology and audiology services to the public.
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      SECTION 4.    Arkansas Code § 17-103-107(b), concerning privileged
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     As Engrossed:    H3/27/23                                                   HB1296
 communications, is amended to read as follows:
      (b)   This section does not prohibit a licensed social worker, a
 licensed master social worker, or a licensed certified social worker from
 voluntarily testifying in court hearings concerning matters of adoption,
 child abuse, child neglect, or other matters pertaining to children, the
 elderly, and handicapped and mentally disabled adults with disabilities,
 except as prohibited under applicable state and federal laws.
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      SECTION 5.    Arkansas Code § 19-5-304(7)(A), concerning the Education
 Fund, is amended to read as follows:
            (7) Rehabilitation Services Fund Account.
                    (A)   The Rehabilitation Services Fund Account shall be used
 for the maintenance, operation, and improvement required by Arkansas
 Rehabilitation Services in carrying out the powers, functions, and duties as
 set out in § 6-52-101 et seq., the Rehabilitation Act of Arkansas, § 20-79-
 201 et seq., and § 25-30-201 et seq., and for the adult handicapped program
 for adults with disabilities at the Arkansas Health Center.
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      SECTION 6.    Arkansas Code § 19-5-305(c)(2), concerning the Public
 School Fund, is amended to read as follows:
            (2)    This transfer shall be used to provide additional support
 for the administration of the handicapped children program for children with
 disabilities and the vocational-technical and adult education program.
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      SECTION 7.    Arkansas Code § 20-79-208(a), concerning the ownership,
 exchange, and sale of equipment, is amended to read as follows:
      (a)   Arkansas Rehabilitation Services is authorized to retain title to
 any property, tools, instruments, training supplies, equipment, or other
 items of value acquired for use of handicapped persons by individuals with
 disabilities and to repossess and transfer title for the use of other
 handicapped persons individuals with disabilities.
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      SECTION 8.    Arkansas Code § 23-17-404(e)(1)(B)(ii),concerning the
 preservation and promotion of universal service, is amended to read as
 follows:
                             (ii)   Except in any exchange in which the electing
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     As Engrossed:       H3/27/23                                                  HB1296
 company is authorized under § 23-17-407(d) to determine the rates for basic
 local exchange service and switched-access services pursuant to § 23-17-
 408(c), each ETC shall be subject to all TPRs concerning application for
 service, refusing service, deposits, notices before disconnect, late payment
 penalties, elderly and handicapped protection for the elderly and individuals
 with disabilities, medical need for utility services, delayed payment
 agreements, and extended due dates.
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      SECTION 9.       Arkansas Code § 25-10-201 is amended to read as follows:
      25-10-201.       Public policy.
      (a)    It is the public policy of the State of Arkansas to furnish blind
 and visually handicapped persons individuals who are blind or have visual
 impairments those services which are reasonably necessary to allow them the
 opportunity to lead full, useful, and productive lives and to expend funds
 available for that purpose in the most efficient and effective manner
 possible.
               (b)    The General Assembly finds that this purpose may be best
 accomplished by the establishment of a Division of State Services for the
 Blind within the Department of Commerce with the necessary authority to
 administer the services and programs for the blind and visually impaired
 individuals who are blind or have visual impairments.
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      SECTION 10.       Arkansas Code § 25-10-202(2), concerning definitions
 applicable to the Division of State Services for the Blind, is amended to
 read as follows:
                       (2)   “Visually handicapped Visual impairments”, as a term,
 shall be defined by rules of the board, and the board shall have sole and
 exclusive authority to define and determine whether any person individual is
 “blind” or an individual with “visually handicapped visual impairments” for
 purposes of determining eligibility to participate in government programs
 under this subchapter.
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      SECTION 11.       Arkansas Code § 25-10-204 is amended to read as follows:
      25-10-204. Powers and duties.
      (a)(1)     The Division of State Services for the Blind within the
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     As Engrossed:       H3/27/23                                               HB1296
 Department of Human Services is designated as the agency of the State of
 Arkansas primarily responsible for carrying out state and federal programs
 for rehabilitative social services or business enterprises for blind and
 visually handicapped citizens of the state individuals of this state who are
 blind or have visual impairments, including, but not limited to, those
 programs and services established pursuant to the Rehabilitation Act of 1973,
 as amended, Pub. L. No. 93-112, and any subsequent legislation to Pub. L. No.
 93-112. The division, as the designated agency, shall receive the full,
 complete, effective, and timely cooperation of any and all other agencies,
 organizations, or offices receiving financial support by or through the State
 of Arkansas, either directly or indirectly, and in any amount.
               (2)    The division shall be responsible for the administration of
 all functions and programs relating or pertaining to rehabilitation and
 social services, and business enterprise services for the blind, including
 the organized vending facility program as now established, for which the
 division shall serve as the licensing agency for the blind.
      (b)   The division is designated as the unit of the state government of
 Arkansas primarily responsible for assuring that citizens with disabling
 visual impairments individuals with visual impairments shall receive the full
 benefit of services for which federal grants-in-aid assistance in any form,
 under any title, and from any source shall be available from time to time to
 accomplish the purposes of this subchapter.
      (c)   The division is authorized to enter into such contracts with the
 federal government, to submit such plans to the federal government, and to
 adopt such methods of administration as the federal government may require in
 order to assure maximum federal financial involvement in those services and
 functions which the division is authorized to administer directly.
      (d)(1)     The division may assist all other state agencies, departments,
 offices, or committees traditionally and legally responsible for the direct
 administration of services which bear upon the objective of preventing or
 ameliorating disabling visual impairments throughout the State of Arkansas by
 providing technical advice and consultation to those state organizations,
 reviewing plans and program material developed and maintained within those
 state organizations, making appropriate recommendations, and carrying out the
 evaluation functions previously assigned to the Office for the Blind and
 Visually Impaired.
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     As Engrossed:      H3/27/23                                                  HB1296
              (2)    Where it is mutually determined by the division and one (1)
 or more other state agencies that it would be to the best interest of the
 taxpayers of the state or to the advantage of individuals with disabling
 visual impairments for the other agency or agencies directly to provide a
 particular service which tends to prevent or ameliorate disabling visual
 impairments, the division and the state agency or agencies involved are
 authorized to enter into interagency contracts or agreements which might
 reasonably be necessary to assure that the service is provided effectively
 and in a manner consistent with maximally efficient use of available
 resources.
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      SECTION 12.      Arkansas Code § 25-10-208 is amended to read as follows:
      25-10-208. State services for the blind — Supplemental insurance.
      Staff members who transport blind and visually impaired persons
 individuals who are blind or have visual impairments on official state
 business of the Division of State Services for the Blind within the
 Department of Commerce are entitled to reimbursement for supplemental
 insurance costs.     Costs incurred for supplemental liability automobile
 insurance above the minimum required by law for the purpose of including
 coverage for work-related activities shall be reimbursed through standard
 travel procedures annually, not to exceed fifty dollars ($50.00) per year.
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      SECTION 13.      Arkansas Code § 25-10-209(b), concerning Information
 Reading Services for the Blind, is amended to read as follows:
      (b)     The Information Reading Services for the Blind shall be:
              (1)    An integral part of the rehabilitation state plan of the
 division;
              (2)    A network to:
                      (A)   Provide audible access to statewide public notices,
 newspaper articles of interest, and other information, particularly at the
 local level, to persons who are visually handicapped individuals who are
 blind or have visual impairments; and
                      (B)   Translate existing local, state, and national
 information into an audible format to make it available for access by
 visually handicapped persons individuals who are blind or have visual
 impairments; and
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     As Engrossed:    H3/27/23                                                       HB1296
            (3)    Available to all state agencies as a means of making public
 notices audibly accessible to visually handicapped persons individuals who
 are blind or have visual impairments who cannot read print.
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      SECTION 14.    Arkansas Code § 26-26-1206(b)(3), concerning federally
 funded housing for certain persons, is amended to read as follows:
                    (3)   “Housing” means structures consisting of eight (8) or
 more residential units for occupancy and use by elderly or handicapped
 persons an elderly person or a person with a disability, including essential
 contiguous land and related facilities, as well as all personal property of
 the corporation or association used in connection with the facilities;
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      SECTION 15.    DO NOT CODIFY.       CONSTRUCTION AND LEGISLATIVE INTENT.
      It is the intent of the General Assembly that:
            (1)    The enactment and adoption of this act shall not expressly
 or impliedly repeal an act passed during the regular session of the Ninety-
 Fourth General Assembly;
            (2)    To the extent that a conflict exists between an act of the
 regular session of the Ninety-Fourth General Assembly and this act:
                    (A)   The act of the regular session of the Ninety-Fourth
 General Assembly shall be treated as a subsequent act passed by the General
 Assembly for the purposes of:
                             (i)    Giving the act of the regular session of the
 Ninety-Fourth General Assembly its full force and effect; and
                             (ii)   Amending or repealing the appropriate parts of
 the Arkansas Code of 1987; and
                    (B)   Section 1-2-107 shall not apply; and
            (3)    This act shall make only technical, not substantive, changes
 to the Arkansas Code of 1987.
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                                        /s/Gazaway
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                                     APPROVED: 4/10/23
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Statutes affected: 
Old version HB1296 V2 - 3-27-2023 11:16 AM: 11-4-214, 03-27-2023, 11-4-210, 17-99-102(3), 17-100-102, 17-103-107(b), 19-5-304(7), 19-5-305(c), 20-79-208(a), 23-17-404(e), 25-10-201, 25-10-202(2), 25-10-204, 25-10-208, 25-10-209(b), 26-26-1206(b)
Act 503: 11-4-214, 03-27-2023, 11-4-210, 17-99-102(3), 17-100-102, 17-103-107(b), 19-5-304(7), 19-5-305(c), 20-79-208(a), 23-17-404(e), 25-10-201, 25-10-202(2), 25-10-204, 25-10-208, 25-10-209(b), 26-26-1206(b)