The Citizens First Congress staff is looking over the hundreds of bills being filed with the Arkansas Legislator, and our Steering Committee – which meets weekly – has voted on whether to support, oppose or watch several bills that fall under our priorities and could affect you and your community. Read more about some of these bills below.

Also, you can get directly involved in the legislative process by registering for our 2023 Lobby Day on Jan. 31!

Your friends, family and neighbors can sign up for our weekly #ARLEG Updates here.

BILLS WE’RE WATCHING

HB1097: To Reduce the Top Marginal Tax Rate for Individual Taxpayers
Lead Sponsor: Rep. David Ray (R)
CFC Stance: Oppose
Summary: The bill would reduce that top marginal tax rate from 4.9% to 4.5%, which includes individuals that make $23,600 or more annually. This would affect an estimated 1.6 million taxpayers, according to previous analysis in Aug. 2022 by the Department of Finance and Administration.
Why it matters: Reducing the top marginal tax rate would only benefit the highest earners in Arkansas. Those making above $84,500 will see the largest benefit of this legislation if passed. Although likely not the only income tax bill that will be introduced, the elimination of the income tax will most greatly benefit the highest earners. Any reduction in income tax revenue also means that the state's budget must be lowered to compensate. This means that social services and benefits risk having their funding cut.
Current Status: Referred to the House Committee on Revenue and Taxation
SB60: To Abolish the Panic Defense

Lead Sponsor: Sen. Linda Chesterfield (D)

CFC Stance: Support
Summary: Panic defense – a.k.a. gay panic defense or homosexual advance defense – is a legal strategy in which a defendant who has committed assault or murder claims to have acted in a state of violent, temporary insanity because of unwanted same-sex sexual advances, usually between men. A defendant may say they found the same-sex sexual advances so offensive or frightening that they were provoked into reacting and were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.
Why It Matters: Eliminating this legal strategy will set standards in courts across Arkansas for assaults and murders against individuals belonging to the LGBTQ+ community. In past cases, a defendant's lawyer could use this legal strategy to negotiate pleas, downgrading charges from capital murder to first degree.

Research has found that the gay and trans panic defenses were used at least 104 times across 35 states, D.C., and Puerto Rico between 1970 and 2020. Charges were reduced for defendants who used the these defenses about one-third of the time (33% of cases). Also, individuals from the LGBTQ+ community are 4 times more likely to experience serious violence such as rape, sexual assault, robbery, and simple or aggravated assault. Abolishing this legal strategy will give defendants no excuses for demonstrating violent behavior against people regardless of their sexual orientation or gender identity.

Current Status: Referred to the Senate Judiciary Committee

Related Reading: Transgender teen Brayla Stone murdered in Sherwood Arkansas in 2020 article.
SB41: To Regulate Environmental, Social Justice, Or Governance Scores Or Metrics; And To Allow The Treasurer Of State To Divest The State Of Stocks, Securities, Or Other Obligations.
Lead Sponsor: Sen. Ricky Hill (R) & Rep. Jeff Wardlaw (R) & 21 other republicans co-sponsors

CFC Stance: Oppose

Summary: This legislation would force the Treasurer of State to divest the state of stocks, securities, or other obligations (and public entities would have to divest itself of cash funds) if a financial services provider or an investment manager "discriminates without a reasonable business purpose" against businesses involved in energy, fossil fuel, firearms, and ammunition industries based on the use of environmental, social justice, or other governance-related factors.
Public entities include cities, counties, school districts and public universities.
If a provider discriminates against these industries, its name will be added to a list on the Treasurer of State's website.
Why It Matters: This is a type of anti-ESG bill that have been proposed in dozens of states around the country. Republican policymakers refer to ESG – financial firms that take environmental, social and corporate governance into consideration – as the “boycotting” of energy companies and argue that the investment funds are following a liberal agenda.

Many major financial service providers have ESG funds. Concerns are that, in the long run, taxpayers and pension holders will get hurt with higher risk and low return by this type of legislation.

Current Status: Referred to Senate Insurance & Commerce Committee

Related Reading: "Arkansas lawmakers want to force public entities to divest from ESG investors" & "States that limit business with banks that ‘boycott’ fossil fuels could pay high costs, study says"

Similar Bill(s): SB62 “To Prohibit Public Entities From Contracting With Companies That Boycott Energy, Fossil Fuel, Firearms, And Ammunition Industries”
HB1025: To Amend the Law Concerning Circulation of Petitions; and to Limit Petition Circulation at Polling Places

Lead Sponsor: Rep. David Ray (R) & Sen. Mark Johnson (R)

CFC Stance: Watch

Summary: The original draft of this bill created a 100-yard buffer zone around all buildings used as polling locations and without any time constraints, criminalizing the collecting of ballot measure petition signatures within that buffer zone. On Jan. 12, the bill was amended to insert a time constraint that covers only the time during which the building is actually being used as a polling location. So, in its current form, it appears to be moot because the Arkansas Code already has an active law that covers this situation.

Why It Matters: This may be a first attempt this session to make further attempts to erode the power of the people to make their own decision using the ballot initiative process.

Current Status: Reported correctly engrossed (adopted the amendment) in the House Committee on State Agencies and Governmental Affairs.

READ OUR PRIORITIES FOR A BETTER ARKANSAS

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