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AR SB894

Bill

Status

Failed

5/17/2013

Primary Sponsor

Gary Stubblefield

Click for details

Origin

Senate

89th General Assembly (2013 Regular)

AI Summary

  • Establishes a new Chapter 15 in Arkansas Code Title 11 protecting the right to engage in lawful occupations free from unnecessary occupational regulations.

  • Requires government to demonstrate a compelling interest in protecting public health or safety and prove the regulation is the least restrictive means of achieving that interest before imposing occupational regulations that create substantial burden on individuals.

  • Creates hierarchy of regulatory restrictions from least to most restrictive: private civil action, inspection, bonding, registration, certification, and licensing.

  • Allows individuals to assert defense or bring action for declaratory judgment and injunctive relief against occupational regulations that violate the chapter, with the individual initially proving substantial burden and government then proving compelling interest by clear and convincing evidence.

  • Applies only to private employees and does not affect government's authority to regulate public employee occupations; does not create rights of action against federal government or private parties.

Legislative Description

To Amend Arkansas Law Concerning The Right To Engage In A Lawful Occupation.

Last Action

Sine Die adjournment

5/17/2013

Committee Referrals

Public Health, Welfare And Labor3/8/2013

Full Bill Text

No bill text available