Stricken language would be deleted from and underlined language would be added to present law.
Act 503 of the Regular Session
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State of Arkansas As Engrossed: H3/27/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1296 3
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By: Representatives Gazaway, M. Shepherd 5
By: Senators C. Tucker, J. Bryant 6
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For An Act To Be Entitled 8
AN ACT TO MAKE TECHN ICAL CORRECTIONS TO THE ARKANSAS 9
CODE CONCERNING THE USE OF RESPECTFUL LA NGUAGE WHEN 10
REFERRING TO INDIVID UALS WITH DISABILITI ES; AND FOR 11
OTHER PURPOSES. 12
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Subtitle 15
TO MAKE TECHNICAL CORRECTIONS TO THE 16
ARKANSAS CODE CONCERNING THE USE OF 17
RESPECTFUL LANGUAGE WHEN REFERRING TO 18
INDIVIDUALS WITH DISABILITIES. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 11 -4-214 is amended to read as follows: 24
11-4-214. Temporary special exemptions — Definition. 25
(a) Any person handicapped individual affected by lack of skill, age, 26
or physical or mental deficiency or injury disability in any a way that his 27
or her earning capacity is impaired shall be granted a temporary special 28
exemption license or permit authorizing the employment of the person 29
individual at wages lower than the minimum prescribed in this subchapter 30
until such time as the D irector of the Division of Labor shall hold a hearing 31
and prescribe rules regarding exemption of these persons individuals as 32
authorized in this section. 33
(b)(1) The director may provide by rule, after notice and public 34
hearing at which any person may be heard, for the employment in any 35
occupation of individuals whose earning capacity is impaired by age or 36 As Engrossed: H3/27/23 HB1296
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physical or mental deficiency or injury disability at wages lower than the 1
minimum wage rate provided in § 11 -4-210 as he or she may find appropriate to 2
prevent curtailment of opportunities for employment, to avoid undue hardship, 3
and to safeguard the minimum wage rate under this subchapter. 4
(2) In addition, the director, by rule or special order, may 5
provide for the employment of handicapped clients individuals whose earning 6
capacity is impaired by age or disability in work activities centers under 7
special certificates at wages that are less than the minimum prescribed in § 8
11-4-210 that the director determines constitutes equitable compensation for 9
the clients in work activities centers. 10
(c) For the purposes of this section, the term “work activities 11
centers” shall mean centers planned and designed exclusively to provide 12
therapeutic activities for handicapped clients clients with disabilities 13
whose physical and mental impairment is so severe as to make their 14
productivity capacities inconsequential. 15
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SECTION 2. Arkansas Code § 17 -99-102(3)(B)(iii)(a)(7), concerning 17
respiratory care practitioners, is amended to read as follows: 18
(7) Exercises designed for the 19
rehabilitation of the cardiopulmonary handicapped individuals with 20
disabilities that are cardiopulmonary in nature ; 21
22
SECTION 3. Arkansas Code § 17 -100-102 is amended to read as follows: 23
17-100-102. Public policy. 24
It is declared to be a policy of the State of Arkansas that, in order 25
to safeguard the public health, safety, and welfare; to protect the public 26
from being misled by incompetent, unscrupulous, and unauthorized persons and 27
from unprofessional conduct on the par t of qualified speech -language 28
pathologists and audiologists; and to help to assure the availability of the 29
highest possible quality speech -language pathology and audiology services to 30
the communicatively handicapped people of this state individuals with 31
disabilities that are communicative in nature who reside in this state, it is 32
necessary to provide regulatory authority over persons offering speech -33
language pathology and audiology services to the public. 34
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SECTION 4. Arkansas Code § 17 -103-107(b), concerning privileged 36 As Engrossed: H3/27/23 HB1296
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communications, is amended to read as follows: 1
(b) This section does not prohibit a licensed social worker, a 2
licensed master social worker, or a licensed certified social worker from 3
voluntarily testifying in court hearings concerning matters of adoption, 4
child abuse, child neglect, or other matters pertaining to children, the 5
elderly, and handicapped and mentally disabled adults with disabilities, 6
except as prohibited under applicable state and federal laws. 7
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SECTION 5. Arkansas Cod e § 19-5-304(7)(A), concerning the Education 9
Fund, is amended to read as follows: 10
(7) Rehabilitation Services Fund Account. 11
(A) The Rehabilitation Services Fund Account shall be used 12
for the maintenance, operation, and improvement required by Arka nsas 13
Rehabilitation Services in carrying out the powers, functions, and duties as 14
set out in § 6-52-101 et seq., the Rehabilitation Act of Arkansas, § 20 -79-15
201 et seq., and § 25 -30-201 et seq., and for the adult handicapped program 16
for adults with disabil ities at the Arkansas Health Center. 17
18
SECTION 6. Arkansas Code § 19 -5-305(c)(2), concerning the Public 19
School Fund, is amended to read as follows: 20
(2) This transfer shall be used to provide additional support 21
for the administration of the handicapped children program for children with 22
disabilities and the vocational-technical and adult education program. 23
24
SECTION 7. Arkansas Code § 20 -79-208(a), concerning the ownership, 25
exchange, and sale of equipment, is amended to read as follows: 26
(a) Arkansas Rehabilitation Services is authorized to retain title to 27
any property, tools, instruments, training supplies, equipment, or other 28
items of value acquired for use of handicapped persons by individuals with 29
disabilities and to repossess and tran sfer title for the use of other 30
handicapped persons individuals with disabilities . 31
32
SECTION 8. Arkansas Code § 23 -17-404(e)(1)(B)(ii),concerning the 33
preservation and promotion of universal service, is amended to read as 34
follows: 35
(ii) Except in any exchange in which the electing 36 As Engrossed: H3/27/23 HB1296
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company is authorized under § 23 -17-407(d) to determine the rates for basic 1
local exchange service and switched -access services pursuant to § 23 -17-2
408(c), each ETC shall be subject to all TPRs concerning application for 3
service, refusing service, deposits, notices before disconnect, late payment 4
penalties, elderly and handicapped protection for the elderly and individuals 5
with disabilities, medical need for utility services, delayed payment 6
agreements, and extended due dates . 7
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SECTION 9. Arkansas Code § 25 -10-201 is amended to read as follows: 9
25-10-201. Public policy. 10
(a) It is the public policy of the State of Arkansas to furnish blind 11
and visually handicapped persons individuals who are blind or have visual 12
impairments those services which are reasonably necessary to allow them the 13
opportunity to lead full, useful, and productive lives and to expend funds 14
available for that purpose in the most efficient and effective manner 15
possible. 16
(b) The General Assemb ly finds that this purpose may be best 17
accomplished by the establishment of a Division of State Services for the 18
Blind within the Department of Commerce with the necessary authority to 19
administer the services and programs for the blind and visually impaire d 20
individuals who are blind or have visual impairments . 21
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SECTION 10. Arkansas Code § 25 -10-202(2), concerning definitions 24
applicable to the Division of State Services for the Blind, is amended to 25
read as follows: 26
(2) “Visually handicapped Visual impairments”, as a term, 27
shall be defined by rules of the board, and the board shall have sole and 28
exclusive authority to define and determine whether any person individual is 29
“blind” or an individual with “visually handicapped visual impairments” for 30
purposes of determining eligibility to participate in government programs 31
under this subchapter. 32
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SECTION 11. Arkansas Code § 25 -10-204 is amended to read as follows: 34
25-10-204. Powers and duties. 35
(a)(1) The Division of State Services for the Blind withi n the 36 As Engrossed: H3/27/23 HB1296
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Department of Human Services is designated as the agency of the State of 1
Arkansas primarily responsible for carrying out state and federal programs 2
for rehabilitative social services or business enterprises for blind and 3
visually handicapped citizens of the state individuals of this state who are 4
blind or have visual impairments , including, but not limited to, those 5
programs and services established pursuant to the Rehabilitation Act of 1973, 6
as amended, Pub. L. No. 93 -112, and any subsequent legislat ion to Pub. L. No. 7
93-112. The division, as the designated agency, shall receive the full, 8
complete, effective, and timely cooperation of any and all other agencies, 9
organizations, or offices receiving financial support by or through the State 10
of Arkansas, either directly or indirectly, and in any amount. 11
(2) The division shall be responsible for the administration of 12
all functions and programs relating or pertaining to rehabilitation and 13
social services, and business enterprise services for the blind, i ncluding 14
the organized vending facility program as now established, for which the 15
division shall serve as the licensing agency for the blind. 16
(b) The division is designated as the unit of the state government of 17
Arkansas primarily responsible for assurin g that citizens with disabling 18
visual impairments individuals with visual impairments shall receive the full 19
benefit of services for which federal grants -in-aid assistance in any form, 20
under any title, and from any source shall be available from time to ti me to 21
accomplish the purposes of this subchapter. 22
(c) The division is authorized to enter into such contracts with the 23
federal government, to submit such plans to the federal government, and to 24
adopt such methods of administration as the federal governme nt may require in 25
order to assure maximum federal financial involvement in those services and 26
functions which the division is authorized to administer directly. 27
(d)(1) The division may assist all other state agencies, departments, 28
offices, or committees traditionally and legally responsible for the direct 29
administration of services which bear upon the objective of preventing or 30
ameliorating disabling visual impairments throughout the State of Arkansas by 31
providing technical advice and consultation to thos e state organizations, 32
reviewing plans and program material developed and maintained within those 33
state organizations, making appropriate recommendations, and carrying out the 34
evaluation functions previously assigned to the Office for the Blind and 35
Visually Impaired. 36 As Engrossed: H3/27/23 HB1296
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(2) Where it is mutually determined by the division and one (1) 1
or more other state agencies that it would be to the best interest of the 2
taxpayers of the state or to the advantage of individuals with disabling 3
visual impairments for the oth er agency or agencies directly to provide a 4
particular service which tends to prevent or ameliorate disabling visual 5
impairments, the division and the state agency or agencies involved are 6
authorized to enter into interagency contracts or agreements which might 7
reasonably be necessary to assure that the service is provided effectively 8
and in a manner consistent with maximally efficient use of available 9
resources. 10
11
SECTION 12. Arkansas Code § 25 -10-208 is amended to read as follows: 12
25-10-208. State services for the blind — Supplemental insurance. 13
Staff members who transport blind and visually impaired persons 14
individuals who are blind or have visual impairments on official state 15
business of the Division of State Services for the Blind within the 16
Department of Commerce are entitled to reimbursement for supplemental 17
insurance costs. Costs incurred for supplemental liability automobile 18
insurance above the minimum required by law for the purpose of including 19
coverage for work-related activities shall be re imbursed through standard 20
travel procedures annually, not to exceed fifty dollars ($50.00) per year. 21
22
SECTION 13. Arkansas Code § 25 -10-209(b), concerning Information 23
Reading Services for the Blind, is amended to read as follows: 24
(b) The Information Reading Services for the Blind shall be: 25
(1) An integral part of the rehabilitation state plan of the 26
division; 27
(2) A network to: 28
(A) Provide audible access to statewide public notices, 29
newspaper articles of interest, and other information, parti cularly at the 30
local level, to persons who are visually handicapped individuals who are 31
blind or have visual impairments ; and 32
(B) Translate existing local, state, and national 33
information into an audible format to make it available for access by 34
visually handicapped persons individuals who are blind or have visual 35
impairments; and 36 As Engrossed: H3/27/23 HB1296
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(3) Available to all state agencies as a means of making public 1
notices audibly accessible to visually handicapped persons individuals who 2
are blind or have visual impairme nts who cannot read print. 3
4
SECTION 14. Arkansas Code § 26 -26-1206(b)(3), concerning federally 5
funded housing for certain persons, is amended to read as follows: 6
(3) “Housing” means structures consisting of eight (8) or 7
more residential units for occupancy and use by elderly or handicapped 8
persons an elderly person or a person with a disability , including essential 9
contiguous land and related facilities, as well as all personal property of 10
the corporation or association used in connection with the facilities; 11
12
SECTION 15. DO NOT CODIFY. CONSTRUCTION AND LEGISLATIVE INTENT. 13
It is the intent of the General Assembly that: 14
(1) The enactment and adoption of this act shall not expressly 15
or impliedly repeal an act passed during the regular session o f the Ninety-16
Fourth General Assembly; 17
(2) To the extent that a conflict exists between an act of the 18
regular session of the Ninety -Fourth General Assembly and this act: 19
(A) The act of the regular session of the Ninety -Fourth 20
General Assembly shall b e treated as a subsequent act passed by the General 21
Assembly for the purposes of: 22
(i) Giving the act of the regular session of the 23
Ninety-Fourth General Assembly its full force and effect; and 24
(ii) Amending or repealing the appropriate parts of 25
the Arkansas Code of 1987; and 26
(B) Section 1-2-107 shall not apply; and 27
(3) This act shall make only technical, not substantive, changes 28
to the Arkansas Code of 1987. 29
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/s/Gazaway 31
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APPROVED: 4/10/23 34
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