AR
Arkansas House Bill HB1296

Arkansas 2023 Regular Session

Arkansas House Bill HB1296 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 503 of the Regular Session
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54 State of Arkansas As Engrossed: H3/27/23 1
65 94th General Assembly A Bill 2
76 Regular Session, 2023 HOUSE BILL 1296 3
87 4
98 By: Representatives Gazaway, M. Shepherd 5
109 By: Senators C. Tucker, J. Bryant 6
1110 7
1211 For An Act To Be Entitled 8
1312 AN ACT TO MAKE TECHN ICAL CORRECTIONS TO THE ARKANSAS 9
1413 CODE CONCERNING THE USE OF RESPECTFUL LA NGUAGE WHEN 10
1514 REFERRING TO INDIVID UALS WITH DISABILITI ES; AND FOR 11
1615 OTHER PURPOSES. 12
1716 13
1817 14
1918 Subtitle 15
2019 TO MAKE TECHNICAL CORRECTIONS TO THE 16
2120 ARKANSAS CODE CONCERNING THE USE OF 17
2221 RESPECTFUL LANGUAGE WHEN REFERRING TO 18
2322 INDIVIDUALS WITH DISABILITIES. 19
2423 20
2524 21
2625 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
2726 23
2827 SECTION 1. Arkansas Code § 11 -4-214 is amended to read as follows: 24
2928 11-4-214. Temporary special exemptions — Definition. 25
3029 (a) Any person handicapped individual affected by lack of skill, age, 26
3130 or physical or mental deficiency or injury disability in any a way that his 27
3231 or her earning capacity is impaired shall be granted a temporary special 28
3332 exemption license or permit authorizing the employment of the person 29
3433 individual at wages lower than the minimum prescribed in this subchapter 30
3534 until such time as the D irector of the Division of Labor shall hold a hearing 31
3635 and prescribe rules regarding exemption of these persons individuals as 32
3736 authorized in this section. 33
3837 (b)(1) The director may provide by rule, after notice and public 34
3938 hearing at which any person may be heard, for the employment in any 35
4039 occupation of individuals whose earning capacity is impaired by age or 36 As Engrossed: H3/27/23 HB1296
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4544 physical or mental deficiency or injury disability at wages lower than the 1
4645 minimum wage rate provided in § 11 -4-210 as he or she may find appropriate to 2
4746 prevent curtailment of opportunities for employment, to avoid undue hardship, 3
4847 and to safeguard the minimum wage rate under this subchapter. 4
4948 (2) In addition, the director, by rule or special order, may 5
5049 provide for the employment of handicapped clients individuals whose earning 6
5150 capacity is impaired by age or disability in work activities centers under 7
5251 special certificates at wages that are less than the minimum prescribed in § 8
5352 11-4-210 that the director determines constitutes equitable compensation for 9
5453 the clients in work activities centers. 10
5554 (c) For the purposes of this section, the term “work activities 11
5655 centers” shall mean centers planned and designed exclusively to provide 12
5756 therapeutic activities for handicapped clients clients with disabilities 13
5857 whose physical and mental impairment is so severe as to make their 14
5958 productivity capacities inconsequential. 15
6059 16
6160 SECTION 2. Arkansas Code § 17 -99-102(3)(B)(iii)(a)(7), concerning 17
6261 respiratory care practitioners, is amended to read as follows: 18
6362 (7) Exercises designed for the 19
6463 rehabilitation of the cardiopulmonary handicapped individuals with 20
6564 disabilities that are cardiopulmonary in nature ; 21
6665 22
6766 SECTION 3. Arkansas Code § 17 -100-102 is amended to read as follows: 23
6867 17-100-102. Public policy. 24
6968 It is declared to be a policy of the State of Arkansas that, in order 25
7069 to safeguard the public health, safety, and welfare; to protect the public 26
7170 from being misled by incompetent, unscrupulous, and unauthorized persons and 27
7271 from unprofessional conduct on the par t of qualified speech -language 28
7372 pathologists and audiologists; and to help to assure the availability of the 29
7473 highest possible quality speech -language pathology and audiology services to 30
7574 the communicatively handicapped people of this state individuals with 31
7675 disabilities that are communicative in nature who reside in this state, it is 32
7776 necessary to provide regulatory authority over persons offering speech -33
7877 language pathology and audiology services to the public. 34
7978 35
8079 SECTION 4. Arkansas Code § 17 -103-107(b), concerning privileged 36 As Engrossed: H3/27/23 HB1296
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8483
8584 communications, is amended to read as follows: 1
8685 (b) This section does not prohibit a licensed social worker, a 2
8786 licensed master social worker, or a licensed certified social worker from 3
8887 voluntarily testifying in court hearings concerning matters of adoption, 4
8988 child abuse, child neglect, or other matters pertaining to children, the 5
9089 elderly, and handicapped and mentally disabled adults with disabilities, 6
9190 except as prohibited under applicable state and federal laws. 7
9291 8
9392 SECTION 5. Arkansas Cod e § 19-5-304(7)(A), concerning the Education 9
9493 Fund, is amended to read as follows: 10
9594 (7) Rehabilitation Services Fund Account. 11
9695 (A) The Rehabilitation Services Fund Account shall be used 12
9796 for the maintenance, operation, and improvement required by Arka nsas 13
9897 Rehabilitation Services in carrying out the powers, functions, and duties as 14
9998 set out in § 6-52-101 et seq., the Rehabilitation Act of Arkansas, § 20 -79-15
10099 201 et seq., and § 25 -30-201 et seq., and for the adult handicapped program 16
101100 for adults with disabil ities at the Arkansas Health Center. 17
102101 18
103102 SECTION 6. Arkansas Code § 19 -5-305(c)(2), concerning the Public 19
104103 School Fund, is amended to read as follows: 20
105104 (2) This transfer shall be used to provide additional support 21
106105 for the administration of the handicapped children program for children with 22
107106 disabilities and the vocational-technical and adult education program. 23
108107 24
109108 SECTION 7. Arkansas Code § 20 -79-208(a), concerning the ownership, 25
110109 exchange, and sale of equipment, is amended to read as follows: 26
111110 (a) Arkansas Rehabilitation Services is authorized to retain title to 27
112111 any property, tools, instruments, training supplies, equipment, or other 28
113112 items of value acquired for use of handicapped persons by individuals with 29
114113 disabilities and to repossess and tran sfer title for the use of other 30
115114 handicapped persons individuals with disabilities . 31
116115 32
117116 SECTION 8. Arkansas Code § 23 -17-404(e)(1)(B)(ii),concerning the 33
118117 preservation and promotion of universal service, is amended to read as 34
119118 follows: 35
120119 (ii) Except in any exchange in which the electing 36 As Engrossed: H3/27/23 HB1296
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125124 company is authorized under § 23 -17-407(d) to determine the rates for basic 1
126125 local exchange service and switched -access services pursuant to § 23 -17-2
127126 408(c), each ETC shall be subject to all TPRs concerning application for 3
128127 service, refusing service, deposits, notices before disconnect, late payment 4
129128 penalties, elderly and handicapped protection for the elderly and individuals 5
130129 with disabilities, medical need for utility services, delayed payment 6
131130 agreements, and extended due dates . 7
132131 8
133132 SECTION 9. Arkansas Code § 25 -10-201 is amended to read as follows: 9
134133 25-10-201. Public policy. 10
135134 (a) It is the public policy of the State of Arkansas to furnish blind 11
136135 and visually handicapped persons individuals who are blind or have visual 12
137136 impairments those services which are reasonably necessary to allow them the 13
138137 opportunity to lead full, useful, and productive lives and to expend funds 14
139138 available for that purpose in the most efficient and effective manner 15
140139 possible. 16
141140 (b) The General Assemb ly finds that this purpose may be best 17
142141 accomplished by the establishment of a Division of State Services for the 18
143142 Blind within the Department of Commerce with the necessary authority to 19
144143 administer the services and programs for the blind and visually impaire d 20
145144 individuals who are blind or have visual impairments . 21
146145 22
147146 23
148147 SECTION 10. Arkansas Code § 25 -10-202(2), concerning definitions 24
149148 applicable to the Division of State Services for the Blind, is amended to 25
150149 read as follows: 26
151150 (2) “Visually handicapped Visual impairments”, as a term, 27
152151 shall be defined by rules of the board, and the board shall have sole and 28
153152 exclusive authority to define and determine whether any person individual is 29
154153 “blind” or an individual with “visually handicapped visual impairments” for 30
155154 purposes of determining eligibility to participate in government programs 31
156155 under this subchapter. 32
157156 33
158157 SECTION 11. Arkansas Code § 25 -10-204 is amended to read as follows: 34
159158 25-10-204. Powers and duties. 35
160159 (a)(1) The Division of State Services for the Blind withi n the 36 As Engrossed: H3/27/23 HB1296
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164163
165164 Department of Human Services is designated as the agency of the State of 1
166165 Arkansas primarily responsible for carrying out state and federal programs 2
167166 for rehabilitative social services or business enterprises for blind and 3
168167 visually handicapped citizens of the state individuals of this state who are 4
169168 blind or have visual impairments , including, but not limited to, those 5
170169 programs and services established pursuant to the Rehabilitation Act of 1973, 6
171170 as amended, Pub. L. No. 93 -112, and any subsequent legislat ion to Pub. L. No. 7
172171 93-112. The division, as the designated agency, shall receive the full, 8
173172 complete, effective, and timely cooperation of any and all other agencies, 9
174173 organizations, or offices receiving financial support by or through the State 10
175174 of Arkansas, either directly or indirectly, and in any amount. 11
176175 (2) The division shall be responsible for the administration of 12
177176 all functions and programs relating or pertaining to rehabilitation and 13
178177 social services, and business enterprise services for the blind, i ncluding 14
179178 the organized vending facility program as now established, for which the 15
180179 division shall serve as the licensing agency for the blind. 16
181180 (b) The division is designated as the unit of the state government of 17
182181 Arkansas primarily responsible for assurin g that citizens with disabling 18
183182 visual impairments individuals with visual impairments shall receive the full 19
184183 benefit of services for which federal grants -in-aid assistance in any form, 20
185184 under any title, and from any source shall be available from time to ti me to 21
186185 accomplish the purposes of this subchapter. 22
187186 (c) The division is authorized to enter into such contracts with the 23
188187 federal government, to submit such plans to the federal government, and to 24
189188 adopt such methods of administration as the federal governme nt may require in 25
190189 order to assure maximum federal financial involvement in those services and 26
191190 functions which the division is authorized to administer directly. 27
192191 (d)(1) The division may assist all other state agencies, departments, 28
193192 offices, or committees traditionally and legally responsible for the direct 29
194193 administration of services which bear upon the objective of preventing or 30
195194 ameliorating disabling visual impairments throughout the State of Arkansas by 31
196195 providing technical advice and consultation to thos e state organizations, 32
197196 reviewing plans and program material developed and maintained within those 33
198197 state organizations, making appropriate recommendations, and carrying out the 34
199198 evaluation functions previously assigned to the Office for the Blind and 35
200199 Visually Impaired. 36 As Engrossed: H3/27/23 HB1296
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204203
205204 (2) Where it is mutually determined by the division and one (1) 1
206205 or more other state agencies that it would be to the best interest of the 2
207206 taxpayers of the state or to the advantage of individuals with disabling 3
208207 visual impairments for the oth er agency or agencies directly to provide a 4
209208 particular service which tends to prevent or ameliorate disabling visual 5
210209 impairments, the division and the state agency or agencies involved are 6
211210 authorized to enter into interagency contracts or agreements which might 7
212211 reasonably be necessary to assure that the service is provided effectively 8
213212 and in a manner consistent with maximally efficient use of available 9
214213 resources. 10
215214 11
216215 SECTION 12. Arkansas Code § 25 -10-208 is amended to read as follows: 12
217216 25-10-208. State services for the blind — Supplemental insurance. 13
218217 Staff members who transport blind and visually impaired persons 14
219218 individuals who are blind or have visual impairments on official state 15
220219 business of the Division of State Services for the Blind within the 16
221220 Department of Commerce are entitled to reimbursement for supplemental 17
222221 insurance costs. Costs incurred for supplemental liability automobile 18
223222 insurance above the minimum required by law for the purpose of including 19
224223 coverage for work-related activities shall be reimbursed through standard 20
225224 travel procedures annually, not to exceed fifty dollars ($50.00) per year. 21
226225 22
227226 SECTION 13. Arkansas Code § 25 -10-209(b), concerning Information 23
228227 Reading Services for the Blind, is amended to read as follows: 24
229228 (b) The Information Reading Services for the Blind shall be: 25
230229 (1) An integral part of the rehabilitation state plan of th e 26
231230 division; 27
232231 (2) A network to: 28
233232 (A) Provide audible access to statewide public notices, 29
234233 newspaper articles of interest, and other information, particularly at the 30
235234 local level, to persons who are visually handicapped individuals who are 31
236235 blind or have visual impairments; and 32
237236 (B) Translate existing local, state, and national 33
238237 information into an audible format to make it available for access by 34
239238 visually handicapped persons individuals who are blind or have visual 35
240239 impairments; and 36 As Engrossed: H3/27/23 HB1296
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244243
245244 (3) Available to al l state agencies as a means of making public 1
246245 notices audibly accessible to visually handicapped persons individuals who 2
247246 are blind or have visual impairments who cannot read print. 3
248247 4
249248 SECTION 14. Arkansas Code § 26 -26-1206(b)(3), concerning federally 5
250249 funded housing for certain persons, is amended to read as follows: 6
251250 (3) “Housing” means structures consisting of eight (8) or 7
252251 more residential units for occupancy and use by elderly or handicapped 8
253252 persons an elderly person or a person with a disability , including essential 9
254253 contiguous land and related facilities, as well as all personal property of 10
255254 the corporation or association used in connection with the facilities; 11
256255 12
257256 SECTION 15. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 13
258257 It is the intent of th e General Assembly that: 14
259258 (1) The enactment and adoption of this act shall not expressly 15
260259 or impliedly repeal an act passed during the regular session of the Ninety -16
261260 Fourth General Assembly; 17
262261 (2) To the extent that a conflict exists between an act of the 18
263262 regular session of the Ninety -Fourth General Assembly and this act: 19
264263 (A) The act of the regular session of the Ninety -Fourth 20
265264 General Assembly shall be treated as a subsequent act passed by the General 21
266265 Assembly for the purposes of: 22
267266 (i) Giving the act of the regular session of the 23
268267 Ninety-Fourth General Assembly its full force and effect; and 24
269268 (ii) Amending or repealing the appropriate parts of 25
270269 the Arkansas Code of 1987; and 26
271270 (B) Section 1-2-107 shall not apply; and 27
272271 (3) This act shall make only technical, not substantive, changes 28
273272 to the Arkansas Code of 1987. 29
274273 30
275274 /s/Gazaway 31
276275 32
277276 33
278-APPROVED: 4/10/23 34
277+ 34
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280279 36