Text of AR SB 202 (2015)

To Amend The Law Concerning Ordinances Of Cities And Counties By Creating The Intrastate Commerce Improvement Act And To Declare An Emergency.

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As introduced

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Stricken language would be deleted from and underlined language would be added to present law. *KLC093* 01-30-2015 15:41:43 KLC093 State of Arkansas 1 90th General Assembly A Bill 2 Regular Session, 2015 SENATE BILL 202 3 4 By: Senator Hester 5 By: Representative Ballinger 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING ORDINANCES OF 9 CITIES AND COUNTIES BY CREATING THE INTRASTATE 10 COMMERCE IMPROVEMENT ACT; TO DECLARE AN EMERGENCY; 11 AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO AMEND THE LAW CONCERNING ORDINANCES OF 16 CITIES AND COUNTIES BY CREATING THE 17 INTRASTATE COMMERCE IMPROVEMENT ACT AND 18 TO DECLARE AN EMERGENCY. 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code Title 14, Chapter 1, is amended to add an 24 additional subchapter to read as follows: 25 26 Subchapter 4 – Intrastate Commerce Improvement Act 27 28 14-1-401. Title. 29 This subchapter shall be known and may be cited as the "Intrastate 30 Commerce Improvement Act". 31 32 14-1-402. Purpose – Finding. 33 (a) The purpose of this subchapter is to improve intrastate commerce 34 by ensuring that businesses, organizations, and employers doing business in 35 the state are subject to uniform nondiscrimination laws and obligations, 36 SB202 2 01-30-2015 15:41:43 KLC093 regardless of the counties, municipalities, or other political subdivisions 1 in which the businesses, organizations, and employers are located or engage 2 in business or commercial activity. 3 (b) The General Assembly finds that uniformity of law benefits the 4 businesses, organizations, and employers seeking to do business in the state 5 and attracts new businesses, organizations, and employers to the state. 6 7 14-1-403. Prohibited conduct. 8 (a) A county, municipality, or other political subdivision of the 9 state shall not adopt or enforce an ordinance, resolution, rule, or policy 10 that creates a protected classification or prohibits discrimination on a 11 basis not contained in state law. 12 (b) This section does not apply to a rule or policy that pertains only 13 to the employees of a county, municipality, or other political subdivision. 14 15 SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 16 General Assembly of the State of Arkansas that there are seventy-five (75) 17 counties and five hundred (500) cities and towns in the state; that each 18 county, city, and town can create its own local system for dealing with 19 discrimination; and that this act is immediately necessary to create 20 uniformity regarding discrimination laws across the state. Therefore, an 21 emergency is declared to exist, and this act being immediately necessary for 22 the preservation of the public peace, health, and safety shall become 23 effective on: 24 (1) The date of its approval by the Governor; 25 (2) If the bill is neither approved nor vetoed by the Governor, 26 the expiration of the period of time during which the Governor may veto the 27 bill; or 28 (3) If the bill is vetoed by the Governor and the veto is 29 overridden, the date the last house overrides the veto. 30 31 32 33 34 35 36

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Stricken language would be deleted from and underlined language would be added to present law. Act 137 of the Regular Session *KLC093* 01-30-2015 15:41:43 KLC093 State of Arkansas 1 90th General Assembly A Bill 2 Regular Session, 2015 SENATE BILL 202 3 4 By: Senator Hester 5 By: Representative Ballinger 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING ORDINANCES OF 9 CITIES AND COUNTIES BY CREATING THE INTRASTATE 10 COMMERCE IMPROVEMENT ACT; TO DECLARE AN EMERGENCY; 11 AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO AMEND THE LAW CONCERNING ORDINANCES OF 16 CITIES AND COUNTIES BY CREATING THE 17 INTRASTATE COMMERCE IMPROVEMENT ACT AND 18 TO DECLARE AN EMERGENCY. 19 20 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 23 SECTION 1. Arkansas Code Title 14, Chapter 1, is amended to add an 24 additional subchapter to read as follows: 25 26 Subchapter 4 – Intrastate Commerce Improvement Act 27 28 14-1-401. Title. 29 This subchapter shall be known and may be cited as the "Intrastate 30 Commerce Improvement Act". 31 32 14-1-402. Purpose – Finding. 33 (a) The purpose of this subchapter is to improve intrastate commerce 34 by ensuring that businesses, organizations, and employers doing business in 35 the state are subject to uniform nondiscrimination laws and obligations, 36 SB202 2 01-30-2015 15:41:43 KLC093 regardless of the counties, municipalities, or other political subdivisions 1 in which the businesses, organizations, and employers are located or engage 2 in business or commercial activity. 3 (b) The General Assembly finds that uniformity of law benefits the 4 businesses, organizations, and employers seeking to do business in the state 5 and attracts new businesses, organizations, and employers to the state. 6 7 14-1-403. Prohibited conduct. 8 (a) A county, municipality, or other political subdivision of the 9 state shall not adopt or enforce an ordinance, resolution, rule, or policy 10 that creates a protected classification or prohibits discrimination on a 11 basis not contained in state law. 12 (b) This section does not apply to a rule or policy that pertains only 13 to the employees of a county, municipality, or other political subdivision. 14 15 SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 16 General Assembly of the State of Arkansas that there are seventy-five (75) 17 counties and five hundred (500) cities and towns in the state; that each 18 county, city, and town can create its own local system for dealing with 19 discrimination; and that this act is immediately necessary to create 20 uniformity regarding discrimination laws across the state. Therefore, an 21 emergency is declared to exist, and this act being immediately necessary for 22 the preservation of the public peace, health, and safety shall become 23 effective on: 24 (1) The date of its approval by the Governor; 25 (2) If the bill is neither approved nor vetoed by the Governor, 26 the expiration of the period of time during which the Governor may veto the 27 bill; or 28 (3) If the bill is vetoed by the Governor and the veto is 29 overridden, the date the last house overrides the veto. 30 31 32 APPROVED: BECAME LAW ON 02/23/2015 No signature from Governor 33 34 35 36