HB2001 Summary

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

• Allows private individuals to challenge occupational regulations that impose substantial burdens (time, financial obligations, or resources) unless the state proves by clear and convincing evidence the regulation is substantially related to protecting public health or safety and is the least restrictive means available.

• Establishes a hierarchy of regulatory alternatives ranked from least to most restrictive: private civil actions, deceptive trade practice laws, inspection, bonding, registration without personal qualifications, certification, and licensing.

• Exempts specific classes of workers from this protection including government contractors, foster parents, fiduciaries (attorneys, accountants, real estate agents, engineers, physicians, dentists, nurses, pharmacists), and government employees.

• Sets a two-year sunset provision for the chapter and declares an emergency effective date upon gubernatorial approval or veto override.