Workforce Education Bills Filed, House Sends ‘Protected Classes’ Bill To Governor

A series of bills to overhaul the state’s workforce education programs were introduced Friday in the Senate, while the House debated and approved a controversial measure that won’t get the support – or rejection – of Gov. Asa Hutchinson.

Late Friday, Sen. Jane English, R-North Little Rock, introduced Senate Bills 368, 369, 370, 371 and 372. Senate Bill 368 would create a comprehensive statewide workforce development system, creating an office of Skills Development.

Senate Bills 369 and 372 would remove the duty of the Arkansas Higher Education Coordinating Board to determine service areas for two-year institutions of higher education and eliminate service areas for two-year colleges and technical schools.

Meanwhile, Senate Bills 370 and 371 would allow school districts to use certain funds to partner with state colleges and universities to “offer concurrent classes or other technical education options.”

SB 368
The bill would create a 10-member Career Education and Workforce Development Board in the state. The board would be made up of people from different industries, including agriculture, construction, energy, healthcare, information technology, manufacturing, financial services, hospitality, transportation logistics and rehabilitation services, English’s bill noted.

The state’s education commissioner, higher education director, executive director of the Arkansas Community Colleges, Arkansas Economic Development Commission director and the director of the Department of Workforce Services will serve as non-voting members.

“The Career Education and Workforce Development Board shall develop and monitor a state plan for vocational-technical education which shall include at least the establishment of at least one area vocational center in each education service cooperative service area and in Pulaski County,” the bill notes.

Each of the policy issues affecting public schools will be developed by the board after consulting the state Board of Education and implemented in coordination with the Department of Education or the education service cooperatives or both, English said in her bill.

The board would also have general supervision of all programs involving vocational, technical and occupational education; and will continue to have control over administering the state’s adult education funds.

English, who chairs the Senate Education Committee, told Talk Business and Politics this week that the changes were due to a lack of information on where money was allocated for the services.

“We identified probably $150 million worth of training programs going on out there that nobody has any idea whatever happens,” English said.

English also said removing the service territories would create an opportunity to create better programs.

“It’s called competition, and if you’ve got the best HVAC program or the best whatever program, you ought to be able to go out and recruit people to come to it,” English said.

The bills have not been referred yet to committee. However, they are expected to be part of the legislative agenda for the next several weeks, officials have said.

SB 202
A bill that would create an Intrastate Commerce Improvement Act in Arkansas passed the State House Friday, with fierce debate between supporters and opponents of the bill.

The House voted 58-21 to approve Senate Bill 202, sponsored by Sen. Bart Hester, R-Cave Springs.

The bill would “improve intrastate commerce by ensuring that businesses, organizations and employers doing business in the state are subject to uniform non-discrimination laws and obligations,” Hester said in his bill.

Opponents argued that the bill would open up the state to possible discrimination lawsuits.

Rep. Bob Ballinger, R-Hindsville, said the bill would create some certainty with businesses that may face different complex issues.

The debate over the issue has been discussed in the state since an ordinance that would have banned discrimination in housing, work and public accommodations involving sexual orientation or gender identity, was passed by Fayetteville City Council members last year.

The ordinance was later repealed during a special election in December.

However, supporters of the bill say the bill creates an equal playing field.

“A county, municipality or other political subdivision of the state shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state,” the bill reads. “This section does not apply to a rule or policy that pertains only to the employees of a county, municipality or other political subdivision.”

DEBATE
Rep. Clarke Tucker, D-Little Rock, said he had several concerns over the bill.

Among the concerns cited by Tucker, who voted against the bill, were that the bill would violate the Equal Protection Clause in the 14th Amendment of the United States Constitution, would be bad for businesses that have protections for lesbians, gays, bisexual and transgendered individuals, take away local control from cities and counties and that “it was the wrong thing to do.”

Rep. Mary Bentley, R-Perryville, who voted in favor of the bill, said she believed it was also wrong to discriminate against people based on their religious beliefs.

“A pastor who holds firm on the conviction that gay marriage is wrong … should not be forced to do the service,” Bentley said.

Rep. Warwick Sabin, D-Little Rock, said the bill would impede freedom while Rep. Donnie Copeland, R-Little Rock, said a similar law in Tennessee was upheld by their state’s Supreme Court.

Rep. David Whitaker, D-Fayetteville, said the people in Fayetteville should be able to “run its own affairs”, noting the city council vote as well as a vote by residents on the issue.

Ballinger said similar bills have been upheld in other states and that there has not been a major impact on businesses, especially in Tennessee.

The House voted 54-21, with five present, against implementing the emergency clause for the bill.

Gov. Asa Hutchinson said he would allow the bill to become law without his signature.

“Senate Bill 202 passed with significant margins in the General Assembly, and I have a high regard for the discussion in the Legislature and respect for the legislative process. As Governor, I recognize the desire to prevent burdensome regulations on businesses across the state. However, I am concerned about the loss of local control. For that reason, I am allowing the bill to become law without my signature,” Hutchinson said in a statement provided to Talk Business & Politics.

HB 1228
The House also voted 72-20, with one present, to approve a bill that its sponsor said would protect religious freedom.

The bill, sponsored by Rep. Bob Ballinger, R-Hindsville, would create a higher scrutiny for the state to infringe on religious liberty.

“A state action shall not burden a person’s rights to exercise of religion, even if the burden results from a rule of general applicability unless it is demonstrated by clear and convincing evidence that applying the burden to the person’s exercise of religion in this particular instance, is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest,” Ballinger said in his bill.

A 1990 federal court ruling changed the rules on the issue. A federal law in 1993 – the Religious Freedom Restoration Act – helped with federal law, Ballinger said.

The bill passed the House Judiciary Committee Tuesday, with opponents saying the bill could add an additional burden for cities and counties to implement the bill.

Rep. John Walker, D-Little Rock, who voted no on the bill, asked about including protections for people based on sexual orientation or for people with minority religious views.

Ballinger countered that the bill “gives no license to discrimination” and that 38 states have already passed similar laws.

The bill now heads to the Senate.