HB1158 Summary

• Creates Arkansas Code Title 11, Chapter 16 establishing a right to engage in lawful occupations free from unnecessary occupational regulations.

• Allows individuals to pursue any lawful occupation (selling non-illegal goods or services) unless government proves an important public health or safety interest and the regulation is the least restrictive means to further that interest.

• Establishes a hierarchy of regulatory restrictions from least to most restrictive: private civil action, deceptive trade practice laws, inspection, bonding, registration, certification, and licensing.

• Permits individuals to assert this right as a legal defense in judicial or administrative proceedings, with the person initially proving substantial burden and government then proving by clear and convincing evidence that the regulation is necessary and least restrictive.

• Exempts government contractors, subcontractors, and foster parents from the protections and does not prevent private parties from requiring certification, licensing, or registration to do business.