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2017 Last Chance Cle No Late Fee 2017 LAST CHANCE CLE NO LATE FEE. NO NON‐MEMBER FEE. NO HASSLE. El Dorado - June 29, 2017 El Dorado Conference Center · 311 S. West Avenue · El Dorado 2017 Last Chance CLE Pulaski County Bar Association Thursday, June 29, 2017 Seminar Schedule 2017 Last Chance CLE Thursday, June 29, 2017 8:00 a.m. - 8:30 a.m.……………………..…………………….…...…Registration/Coffee and Danish 8:30 a.m. - 9:30 a.m.…………………………………………………………………Legislative Update Matthew Shepherd, Arkansas State Representative 9:30 a.m. - 10:30 a.m.……….....No Longer Mixing Apples and Oranges: A Guide to the New Act 3 Mental Evaluation Laws Bettina Brownstein, Cooperating Attorney, ACLU of Arkansas 10:30 a.m. - 10:45 a.m.……………………………….……………....……………………………..Break 10:45 a.m. - 11:45 a.m.…………....................................Admission and Exclusion of Unique Evidence and Ethical Considerations John Thomas Shepherd, Shepherd & Shepherd PA 11:45 a.m. - 1:00 p.m.………………………………..…………………………..Lunch (On Your Own) 1:00 p.m. - 2:00 p.m.………………………………..............................The Three Stages of Mediation Jimmy Lawson, Hamlin Dispute Resolution LLC 2:00 p.m. - 3:00 p.m.……....Cybercrimes: Protecting our Children Through Online Investigations Will Jones, Arkansas Attorney General's Office 3:00 p.m. - 3:15 p.m………………………………………………………………………………..Break 3:15 p.m. - 4:15 p.m...............Ethics in Arkansas: A Year in Review and a Glimpse into the Future Michael Harmon, Deputy Director, Office of Professional Conduct 4:15 p.m.………………………………..………….………...…………………………………..Adjourn Table of Contents 2017 Last Chance CLE Thursday, June 29, 2017 Legislative Update…………………………………………………………………………………...BLUE Matthew Shepherd, Arkansas State Representative No Longer Mixing Apples and Oranges: A Guide to the New Act 3 Mental Evaluation Laws………………………………………………………………………….GREEN Bettina Brownstein, Cooperating Attorney, ACLU of Arkansas Admission and Exclusion of Unique Evidence and Ethical Considerations…………………………………………………………………….YELLOW John Thomas Shepherd, Shepherd & Shepherd PA The Three Stages of Mediation………………………………………………………………….PURPLE Jimmy Lawson, Hamlin Dispute Resolution LLC Cybercrimes: Protecting our Children Through Online Investigations…………………….ORANGE Will Jones, Arkansas Attorney General's Office Ethics in Arkansas: A Year in Review and a Glimpse into the Future…………………………...PINK Michael Harmon, Deputy Director, Office of Professional Conduct Legislative Update Matthew Shepherd Arkansas State Representative Overview Of Major Legislation enacted by The 91st General Assembly of the State of Arkansas January 9, 2017 – May 1, 2017 Bureau of Legislative Research • The 91st General Assembly convened on January 9, 2017. • The General Assembly recessed on April 3, 2017, and adjourned sine die on May 1, 2017. Bureau of Legislative Research 2 • 789 Senate bills and 1,280 House bills were filed -- a total of 2,069 bills. • 1,127 of these bills passed both chambers of the General Assembly and became law. Bureau of Legislative Research 3 OVERVIEW OF LEGISLATION • The following overview briefly highlights certain legislation enacted by the Ninety-first General Assembly. • This presentation is not a comprehensive overview of all legislation -- if you would like additional information on legislation in a certain area please let me know. Bureau of Legislative Research 4 ACTS 78 & 79 – AN ACT TO CREATE THE TAX REFORM AND RELIEF ACT OF 2017; AND TO CREATE THE ARKANSAS TAX REFORM AND RELIEF LEGISLATIVE TASK FORCE. • Reduces all income tax rates for individuals, trusts, and estates with a net income of less than $21,000 • Reduces the bottom income tax rate for individuals, trusts, and estates with a net income between $21,000 and $75,000 to 0.75% • Creates the Arkansas Tax Reform and Relief Legislative Task Force to study tax reform and recommend legislation for the 2019 session • Contains an emergency clause, and all but the tax reductions became effective on February 1, 2017 • The income tax reductions are effective for tax years beginning on and after January 1, 2019 Bureau of Legislative Research 5 ACT 141 – AN ACT TO AMEND ARKANSAS TAX LAW CONCERNING INCOME TAX, SALES AND USE TAX, AND THE SOFT DRINK TAX; AND TO SUPPLEMENT THE ARKANSAS MEDICAID PROGRAM TRUST FUND TO OFFSET DECREASED DEPOSITS FROM TAX REVENUES. • Exempts military retirement and survivor benefits from income tax • Includes unemployment compensation in the definition of “gross income” • Removes candy and soft drinks from the definition of “food” and “food ingredients”, which subjects candy and soft drinks to the full sales and use tax • Imposes the full sales and use tax on specified digital products, including digital audio works, digital books, and digital audio- visual works • Reduces the tax on soft drink syrup and simple syrup • Exempts simple syrup used in preparing tea from the soft drink tax • Amends the amount deposited into the Arkansas Medicaid Program Trust Fund to offset the reduction in the revenues from the soft drink tax • Effective for tax years beginning on and after January 1, 2018, with the exception of the section concerning the deposits into the Arkansas Medicaid Program Trust Fund and the exemption from the soft drink tax (per Act 596) Bureau of Legislative Research 6 ACT 561 – AN ACT CONCERNING EDUCATION REQUIREMENTS FOR HISTORY IN THE CLASSROOM; AND TO EFFECT A SEPARATE HOLIDAY FOR DR. MARTIN LUTHER KING, JR. • Repealed official state holiday provision that included Robert E. Lee Day on same day as Dr. Martin Luther King Jr. Day in January • Established Robert E. Lee Day as a state memorial day in October • Requires information on Dr. King to be included in the teaching materials for African-American history • Requires information on Arkansas and the American Civil War, including information on civilian and military leadership during this period, to be included in the teaching materials for Arkansas history Bureau of Legislative Research 7 ACT 375 - TO REGULATE EQUIPMENT FOR SCHOOL BUSES; TO REQUIRE CERTAIN SCHOOL BUSES BE EQUIPPED WITH SEAT BELTS; AND TO ENFORCE THE USE OF SEAT BELTS ON SCHOOL BUSES EQUIPPED WITH SEAT BELTS. • Requires that a school bus purchased new or leased on or after January 1, 2018, be equipped with a passenger restraint system for each student transported if a petition signed by at least ten percent (10%) of a school district’s qualified electors is submitted requesting passenger restraint systems. • The school district shall pay for the required passenger restraint systems through the levy of an additional annual ad valorem property tax or with any funds available to the school district. Bureau of Legislative Research 8 ACT 542 – AN ACT TO GRANT PUBLIC CHARTER SCHOOLS A RIGHT OF ACCESS TO UNUSED OR UNDERUTILIZED PUBLIC SCHOOL FACILITIES. • Requires a school district to make unused or underutilized public school facilities available for lease or purchase for no more than fair market value to charter schools within the school district • Requires a school district to report annually to the Division of Public School Academic Facilities and Transportation all unused or underutilized public school facilities in the school district • If a school district fails to identify an unused or underutilized facility in its report, the Division may identify it as unused or underutilized Bureau of Legislative Research 9 ACT 148 – AN ACT TO ADOPT A PRODUCTIVITY- BASED FUNDING MODEL FOR STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION. • Directs the Arkansas Higher Education Coordinating Board to adopt a productivity-based funding model developed by the Department of Higher Education • The formula must contain measures that take into account institutional differences, student academic progression, affordability through on-time completion and limiting the earning of excess credits, serving underrepresented students, and production of graduates in STEM and high-demand fields • Formula will be used to align funding with statewide higher education priorities Bureau of Legislative Research 10 MEDICAL MARIJUANA SUMMARY 23 acts amending Arkansas Constitution, Amendment 98, also known as the “Arkansas Medical Marijuana Amendment of 2016” • Arkansas National Guard & United States Military • Medical Marijuana Commission within DFA • Authority to Collect Fines for Violations of Rules • Prohibitions on Smoking in Certain Situations and Adopted Required Warning Labels • Criminal Background Check Procedures • Prohibits Telemedicine as Method of Obtaining Written Certification • Definition of “Excluded Felony Offense” • Regulation of Advertising, Marketing, Packaging, • Definition of “Written Certification” and and Promotion Clarification of Medical Record Status • Taxation and Proceeds • Employee Protections & Employee Safety • Temporary Licenses • Expirations Dates of Licenses & Registry Identification Cards • Transfer of Dispensary License and Cultivation Facility License • Extension of Dates • Transporters, Distributors, and Processers Bureau of Legislative Research 11 ACT 775 – THE MEDICAID PROVIDER-LED ORGANIZED CARE ACT. • Creates a Medicaid provider-led organized care system to administer and deliver healthcare services to members of an enrollable Medicaid beneficiary population • Designates that a risk-based provider organization is an insurance company for certain purposes under Arkansas law • Requires a risk-based provider organization to pay the insurance premium tax • Designates that insurance premium taxes collected from a risk-based provider organization shall be used to eliminate the waiting list for the Alternative Community
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