10 new Arkansas laws passed in 2021 to know about in 2022

The Arkansas Legislature met this year, passing hundreds of laws during its sessions. Here are 10 to be aware of in the new year. 

Tax cut

Act 2 marked the largest tax cut to Arkansans in the history of the state. 

In January, top individual income tax rate will drop from 5.9% to 5.5% and then to 5.3% in 2023. 

"Now after passing the nearly $500 million in tax reductions, we will be getting that number down to 4.9 percent by 2025," according to Gov. Asa Hutchinson's weekly address. 

The law also gives low-income taxpayers a $60 tax credit. This move eliminates taxes for more than 100,000 low-income Arkansans, according to Hutchinson's address. 

"For the average Arkansas family, this tax break could mean groceries on the table, a new set of tires, or a less stressful Christmas. It allows hard-working Arkansans to keep more of their hard-earned money and also makes Arkansas more competitive with our surrounding states, spurring job creation and economic growth for years to come," Hutchinson said in his address. 

But Arkansas Advocates for Children and Families opposed the income tax cut, stating the move favors the rich and reduces money for needed state programs. 

According to Arkansas Advocates for Children and Families, analyses by the Institute on Taxation and Economic Policy estimated that the top 5% highest-income Arkansans would receive 68% of the tax cut.  

The law took effect immediately upon being signed by Hutchinson on Dec. 9. 

Banning teaching of "divisive concepts" 

Act 1100 prohibits the teaching of divisive concepts in any of 15 state departments. 

A divisive concept includes the idea that "the state of Arkansas or the United States is

fundamentally racist or sexist." It also includes the idea that "an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously." 

The Department of the Military and the Department of Corrections are two of the 15 departments prohibited from teaching divisive concepts. 

The law does not apply to public schools, charter schools, institutions of higher education, the offices of constitutional officers or law enforcement training certified by the Commission on Law Enforcement Standards and Training. 

The law will take effect Jan. 1, 2022. It became law without Hutchinson's signature. 

Transgender rights

Act 953 bars transgender girls and women from playing girls' sports. 

The law applies to elementary schools, high schools, secondary schools,

or postsecondary schools that are located in Arkansas and receive state funds. 

"Members of the male sex are prohibited from an interscholastic, intercollegiate, intramural, or club athletic team or sport that is expressly designated for females, women, or girls," according to the law. 

If entities violate this law, the state will disallow them to receive money from any public source for a year.  

The law takes effect Jan. 13, which marks 90 days from the end of the regular legislative session. 

Concealed carry

Act 1024 denotes where a person, who has a concealed-carry license, may carry a concealed handgun. 

With licenses, people may carry concealed handguns at public universities, public colleges, or community colleges. They may also carry them in publicly owned and maintained parking lots within their cars, may leave them in their locked vehicles in such parking lots or carry them in the parking lot of a private employer. 

People may also carry concealed handguns in places owned, controlled or operated by local units of government. 

The law will take effect Jan. 13, which marks 90 days from the end of the regular legislative session.

Minimum wage exceptions

Act 91 instructs employers as to when they are not required to pay their minimum-wage employees.  

Employers do not have to pay employees when they are walking, riding, or traveling to and from the workplace.  

Employers also do not have to pay minimum wage for activities before or after the workday. 

Employees of a motor carrier employed in a driving capacity also do not receive pay when they are driving to and from personal residences, engaging in personal activities or logging time as "off duty" or "sleeper berth." 

The law takes effect Jan. 13, which marks 90 days from the end of the regular legislative session.

Prison sentence completion 

Act 681 states that people will have to serve at least 80% of their sentences without the chance of parole if they commit serious felonies involving violence under aggravated circumstances. 

Serious felonies involving violence are murder in the first degree, murder in the second degree, battery in the first degree, aggravated assault, a felony charge of terroristic threatening, a terroristic act, arson, unlawful discharge of a firearm from a vehicle and an attempt, a solicitation or a conspiracy to commit an offense in this list if the attempt, solicitation or conspiracy itself is a felony.

Aggravating circumstances are situations where " a defendant purposely selected the victim because the victim was a member of or was associated with a recognizable and identifiable group or class who share mental, physical, biological, cultural, political or religious beliefs or characteristics," according to the law. 

The law takes effect Jan. 13, which marks 90 days from the end of the regular legislative session.

Absentee voting

Act 736 updates the law surrounding absentee voting, making the process more stringent. 

The county clerk and other election officials may not disperse absentee ballots or absentee ballot applications to voters who do not ask for them. 

The county clerk must provide the county board of election commissioners with a daily count of absentee ballots. 

"After the outer envelope of an absentee ballot is opened, a county clerk and deputies of the county clerk shall not have access to the absentee ballots, absentee ballot paperwork or the inner envelope of an absentee ballot," according to the law. 

Election officials will mark absentee ballots as provisional if the name on the absentee ballot application does not make the name on the voter statement. 

The law takes effect Jan. 13, which marks 90 days from the end of the regular legislative session.

Law enforcement training

Act 792 requires all law enforcement officials to undergo annual training on their duty to intervene when another officer uses excessive force. 

The law will take effect Jan. 13, which marks 90 days from the end of the regular legislative session.

Redrawing congressional districts

Act 1114 redrew the four congressional districts to reflect the latest Census numbers. 

The law split Sebastian County into the 3rd and 4th Congressional Districts and also split Pulaski County between three Congressional Districts. 

The law has drawn criticism for splitting voters of color in Pulaski County in particular. 

The bill became law Oct. 13 without Hutchinson's signature. 

Vaccination mandates

Act 977 bans the state government from issuing any mandates requiring vaccination against COVID. 

The ban applies to the state, a state agency or entity, a political subdivision of the state or a state or local official. 

But a state-owned or state-controlled medical facility may offer positive incentives for people to get the vaccine. 

The bill became law April 28. 

Alex Gladden is a University of Arkansas graduate. She previously reported for the Arkansas Democrat-Gazette and The Jonesboro Sun before joining the Times Record. She can be contacted at agladden@swtimes.com.