LITTLE ROCK, Ark. — On Monday, April 10, 2023, the Governor signed into law:
SB549, to reduce the income tax rates applicable to individuals, trusts, estates, and corporations, and HB1045, to enhance economic competitiveness by phasing out the throwback rule.
EXECUTIVE ORDER TO SUSPEND CERTAIN PROCUREMENT REQUIREMENTS FOR THE DURATION OF THE EMERGENCY DECLARED IN EO 23-20, AND PURSUANT TO ARK. CODE ANN. § 12-75-114, AND TO PROVIDE ADDITIONAL FUNDING.
WHEREAS: On March 31, 2023, severe thunderstorms and tornadoes struck Arkansas and continue to cause dangers, hardships, and suffering throughout the state;
WHEREAS: That same day, Executive Order 23-20 was issued pursuant to Ark. Code Ann. §§ 12-75-101, et. seq., declaring a state of emergency in Arkansas, as a result of these storms;
WHEREAS: Great hardship has fallen upon citizens and properties throughout the state;
WHEREAS: Communities in Arkansas are in dire need of assistance from state agencies as they continue to experience the adverse effects of this severe weather event;
WHEREAS: The needs of Arkansas citizens are much greater than originally anticipated;
WHEREAS: The political subdivisions charged with the rehabilitation and recovery efforts require supplemental assistance from the State of Arkansas to recover from these losses;
WHEREAS: These circumstances warrant the temporary suspension of certain regulating statutes to allow state agencies to render aid as quickly and efficiently as possible;
WHEREAS: The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; and
WHEREAS: Any contracts entered into, including employment or procurement contracts, on behalf of the State of Arkansas must be submitted and reviewed by the Office of the Governor prior to execution of said contract.
NOW, THEREFORE, I, SARAH HUCKABEE SANDERS, acting under the authority vested in me as Governor of the State of Arkansas, and pursuant to Ark. Code Ann. §§ 12-75-101, et seq., hereby declare that the state of emergency initially declared in EO 23-20 continues to exist, and shall be in effect until such time as the emergency conditions cease to exist and direct the sum of $3,000,000.00 to be obligated from the Governor’s Disaster Response and Recovery Fund to be used at the discretion of the Director of the Arkansas Division of Emergency Management to defray both program and administrative costs.
FURTHERMORE: I hereby invoke the emergency executive powers vested in me under Ark. Code Ann. §§12-75-101 et seq., and order the following:1. The regulating statutes prescribing the procedures for conduct of the Office of State Procurement (OSP), the State Office of Personnel Management (OPM), and the Arkansas Building Authority are hereby suspended as applied to the following agencies for the purpose of rendering maximum assistance in response to this emergency:
a. the Arkansas Division of Emergency Management (ADEM); b. the Arkansas Department of Human Services (DHS); and c. the Arkansas Department of Education (ADE).
2. The suspension of rules under Section (1) of this Order shall only apply to those agencies specifically listed therein, and all other agencies shall continue to comply with all applicable procedures when dealing with OSP, OPM, and the Building Authority.
3. The suspension ordered herein shall be in effect for the duration of this emergency, unless otherwise provided in subsequent executive orders.
4. This Order should not be construed in any way to affect any existing agreements between the State of Arkansas and any agency of the federal government.
5. Should any part of this Order be deemed invalid or unenforceable, the remainder of its provisions shall remain in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 10th day of April, in the year of our Lord 2023.
EXECUTIVE ORDER TO EXPAND EXECUTIVE ORDER 23-21 TO PROVIDE ADDITIONAL RELIEF IN REGARD TO TAX FILING AND PAYMENT DEADLINES
WHEREAS: On March 31, 2023, severe thunderstorms and tornadoes struck Arkansas and continue to cause dangers, hardships, and suffering throughout the state;
WHEREAS: That same day, Executive Order 23-20 was issued pursuant to Ark. Code Ann. §§ 12-75-101, et. seq., declaring a state of emergency in Arkansas, as a result of these storms;
WHEREAS: Ark. Code Ann. § 26-18-505 authorizes the Secretary of the Department of Finance and Administration to grant a reasonable extension of time to file any return required under any state tax law upon written request for good cause shown. Good cause includes when any taxpayer is affected by a disaster emergency declared by the Governor;
WHEREAS: Ark. Code Ann. § 12-75-114 authorizes the Governor to suspend any regulatory statutes if compliance with those statutes would delay action in coping with the declared emergency;
WHEREAS: On April 4, 2023, by Executive Order 23-21, relief was extended to affected citizens by extending certain individual tax filing and payment deadlines; and
WHEREAS: There is good cause for additional relief to be extended to Arkansans as a result of the ongoing emergency.
NOW, THEREFORE, I, SARAH HUCKABEE SANDERS, acting under the authority vested in me as Governor of the State of Arkansas, and pursuant to Ark. Code Ann. §§ 12-75-101, et seq., issue this Executive Order pursuant to the ongoing emergency as declared in Executive Order 23-20, and order the following amendment to Executive Order 23-21: 1. The Secretary of the Department of Finance and Administration is hereby ordered to extend the 2022 income tax filing date and income tax payment date and 2022 pass-through entity tax filing date and pass-through entity tax payment date from April 18, 2023, to July 31, 2023, for those citizens who reside in or whose businesses are located in Pulaski, Lonoke, and Cross counties. This extension includes 2022 returns of Individuals, Subchapter S Corporations, Subchapter C Corporations, Pass-Through Entities, Fiduciaries and Estates, Partnerships, and Composite returns;
2. Individuals and entities in Pulaski, Lonoke, and Cross counties will have until July 31, 2023, to file income tax and pass-through entity returns and pay income and pass through entity taxes that were originally due between March 31, 2023, and July 31, 2023;
3. This relief includes estimated payments due between March 31, 2023, and July 31, 2023;
4. The provisions of Ark. Code Ann. § 26-18-505(a)(1) requiring a written request for an extension to file an individual income tax return are hereby waived through July 31, 2023, for citizens who reside or whose businesses are located in Pulaski, Lonoke, and Cross counties;
5. The provisions of Ark. Code Ann. § 26-18-505(a)(4) requiring the promulgation of rules to waive the requirement for a written request for an extension are hereby waived through July 31, 2023;
6. The provisions of Ark. Code Ann. § 27-16-805 and § 27-16-806 requiring payment of a fee for a duplicate driver’s license, instruction permit, or identification card are hereby waived for citizens who reside in Pulaski, Lonoke, and Cross counties from the date of this order through July 31, 2023;
7. The provisions of Ark. Code Ann. § 27-14-705(e) requiring payment of a $10.00 fee for expedited title processing service are hereby waived for affected citizens who reside in Pulaski, Lonoke, and Cross counties from the date of this order through July 31, 2023;
8. The provisions of Ark. Code Ann. § 26-18-508 and § 26-52-510(a)(4) assessing interest and penalty for failure to timely register a vehicle are hereby waived for citizens who reside in Pulaski, Lonoke, and Cross counties from the date of this order through July 31, 2023; and
9. The provisions of Ark. Code Ann. § 27-14-1004(a) assessing penalty for failure to timely register a vehicle or renew a vehicle registration are hereby waived for citizens who reside in Pulaski, Lonoke, and Cross counties from the date of this order through July 31, 2023.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 10th day of April, in the year of our Lord 2023.
Bills Signed: HB1594, HB1653, HB1674, HB1296, HB1408, HB1501, HB1503, HB1695, HB1729, HB1129, HB1273, HB1274, HB1275, HB1640, HB1690, HB1707, HB1067, HB1207, HB1369, HB1555, HB1579, HB1621, HB1641, HB1703, HB1559, HB1576, HB1619, HB1009, HB1102, HB1462, HB1543, HB1565, HB1574, HB1580, HB1629, HB1203, HB1253, HB1592, HB1627, HB1062, HB1072, HB1074, HB1105, HB1118, HB1120, HB1135, HB1269
LITTLE ROCK, Ark. - On Monday, April 10, 2023, the Governor signed into law:
HB1594, to create a sales tax exemption for the Disabled American Veterans Organization.
HB1653, to prohibit the purchase of small, unmanned aircrafts manufactured or assembled by a covered foreign entity.
HB1674, concerning the consumer protection division of the attorney general's office; and to amend the law concerning settlement funds held by the Attorney General's Office.
HB1296, to make technical corrections to the arkansas code concerning the use of respectful language when referring to individuals with disabilities.
HB1408, to create the Uniform Easement Relocation Act.
HB1501, to amend Arkansas law concerning when a prosecution is commenced.
HB1503, to create the offense of operating a chop shop; and to create the offense of dealing in stolen or forged motor vehicle parts.
HB1695, to amend the definition of "active-duty service member" used in the child maltreatment act.
HB1729, to name a licensed massage therapist as a mandated reporter under the child maltreatment act.
HB1129, to require the Arkansas Medicaid program and insurance policies to reimburse for behavioral health services provided in certain settings.
HB1273, to amend the healthcare payor identification card act; and to define short-term, limited duration insurance.
HB1274, to modify the prior authorization transparency act; and to amend the appeal process for a denial under the prior authorization transparency act.
HB1275, to regulate electronic medical records; and to prohibit a healthcare payor that has electronic access to medical records from requesting medical records in a different format from a healthcare provider.
HB1640, to amend the definition of "rebates" as used in the business of insurance; and to amend the law concerning token gifts in the business of insurance.
HB1690, to amend the law regarding return to service by essential seasonal staff members of the department of agriculture.
HB1707, to amend the Arkansas soil nutrient application and poultry litter utilization act; and to provide that nutrient management plans and poultry litter management plans are not public record.
HB1067, to modify the law concerning residency requirements for certain firefighters.
HB1207, to create the Fast-Track Permits Act.
HB1369, to require public entities to create a policy concerning the authorized use of technology resources and a cyber security policy; and to amend the duties of the state cyber security office.
HB1555, to regulate meetings, internal policies and guidelines, and reports to address a cybersecurity incident involving, or a cyberattack on, a public entity.
HB1579, to amend the law concerning the Arkansas Motor Vehicle Commission Act.
HB1621, to amend the definition of "revenue" under the Arkansas speed trap law.
HB1641, to amend the law governing payments in lieu of ad valorem taxes; and to provide for the billing and collection of certain payments related to certain leased or purchased property.
HB1703, to amend the law concerning leave time for deputy sheriffs, municipal police officers, and firefighters; and to add military leave for full-time deputy sheriffs, municipal police officers, and firefighters.
HB1559, concerning implicit bias training required by a public school or state-supported institution of higher education.
HB1576, to establish the creating a respectful and open world for natural hair (crown) act.
HB1619, to permit a local board of a community college district to establish additional zones under certain circumstances.
HB1009, to establish the nonemergency transportation rideshare expansion study workgroup to study expanding rideshare services covered by the Arkansas Medicaid program.
HB1102, to create the Universal Newborn Screening Act; and to ensure that newborns are screened for conditions recommended by the United States department of health and human services.
HB1462, to amend the law concerning youths in foster care; and to certify unaccompanied homeless youths.
HB1543, to amend the cemetery act for perpetually maintained cemeteries; and to modify the law concerning the state board of embalmers, funeral directors, cemeteries, and burial services.
HB1565, to create the Arkansas legislative study on mental and behavioral health.
HB1574, to support positive mental health for families with young children through the Arkansas Medicaid program; and to establish supplemental reimbursement rates for preventive services for children.
HB1580, to exempt cosmetologists from licensing restrictions based on criminal records.
HB1629, to amend the rabies control act related to the confinement of an animal when a person is bitten to allow an owner to confine an animal who has received a current vaccination against rabies.
HB1203, to clarify that a mayor of a city of the first class is entitled to count previous or subsequent years of service in employment with the same city toward the mayor's retirement.
HB1253, to create the State Government Employee Retirement Protection Act.
HB1592, to amend the digital product and motion picture industry development act of 2009.
HB1627, to clarify that membership dues paid to hunting or fishing clubs are exempt from sales tax.
HB1062, an act for the Office of the Treasurer of State appropriation for the 2023-2024 fiscal year.
HB1072, an act for the Department of Commerce - state bank department appropriation for the 2023-2024 fiscal year.
HB1074, an act for the Department of Finance and Administration - regulatory division appropriation for the 2023-2024 fiscal year
HB1105, an act for the state board of election commissioners appropriation for the 2023-2024 fiscal year.
HB1118, an act for the Department of Human Services - secretary's office appropriation for the 2023-2024 fiscal year.
HB1120, an act for the Department of Human Services - division of provider services and quality assurance appropriation for the 2023-2024 fiscal year.
HB1135, an act for the Office of Attorney General appropriation for the 2023-2024 fiscal year.
HB1269, an act for the UAMS - Reynolds Center on Aging, Boozman College of Public Health, Ark. Biosciences Institute, & The Area Health Ed. Center in Helena appropriation for the 2023-2024 fiscal year.