All Roll Calls
Yes: 131 • No: 1
ArkansasSB4392025 Regular SessionSenateWALLET
TO AMEND THE DUTIES OF THE SECRETARY OF THE DEPARTMENT OF LABOR AND LICENSING; AND TO AMEND PORTIONS OF ARKANSAS CODE WHICH RESULTED FROM INITIATED ACT 1 OF 1914.
Sponsored By: Missy Irvin (Republican), Lee Johnson (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 9 benefits, 0 costs, 0 mixed.
Employment agency license standards become simpler
The Secretary or a designee takes over specified employment-agency licensing and enforcement duties; the Division of Labor keeps its enforcement authority. Agencies, managers, and counselors no longer face denial for lacking “good moral character”; business integrity and financial responsibility requirements remain. Temporary licenses still last no more than 90 days: $100 for an agency and $10 for a manager or counselor. Applicants need completed applications, and agencies also need proof of compliance with bond requirements. Temporary licenses require an investigation reasonably showing that the applicant will qualify for a permanent license.
Secretary enforces quarry blasting safety rules
The Labor and Licensing Secretary or a designee takes over quarry and open-pit mine blasting enforcement. Existing civil penalties can reach $10,000 per violation, with each day of a continuing violation counted separately. The three-year limit for assessing penalties remains. The Secretary can seek court orders to enforce compliance, including an order stopping blasting that imminently threatens people or property.
Secretary handles electrical safety enforcement
The Labor and Licensing Secretary or a designee takes over electrical-code enforcement duties. The official can ask a court to stop work performed without an applicable exemption or otherwise violating the law. The official can also seek license suspension or revocation through the Board of Electrical Examiners for violating electricians or contractors.
Secretary oversees boiler and piping safety
The Secretary or a designee takes over boiler-safety duties, including monitoring-device approval, penalties, inspection staffing, and authorized vouchers. Covered boilers still need approved mechanical and electronic continuous monitoring. Boilers in operating plants or occupied public buildings generally need regular operator attendance unless exempt. The chief inspector must be an Arkansas citizen with at least 10 years of specified experience; other inspectors need qualifying experience or a National Board commission and must pass a written exam. Pressure-piping installers must follow approved state standards, which cannot exceed the American Society of Mechanical Engineers’ B31.1 Power Piping Code.
Secretary takes over amusement ride safety
The Secretary or a designee takes over amusement-ride inspections, fees, rules, and enforcement. Operators must report planned locations, dates, and times at least four days ahead, excluding Saturdays, Sundays, and legal holidays. Permanent operating rides receive two inspections each calendar year; portable rides need inspection after moving to a new Arkansas location and before opening. Unsafe rides must stay closed until hazards are fixed and operation is approved. Administrative penalties can reach $10,000, while the separate advance-notice penalty remains capped at $5,000. County fair inspection-fee waivers are limited to counties under 15,000 people using July 1, 1999 Census estimates. The fair association must show it cannot obtain a carnival without the waiver.
Lower offense level for labor violations
Covered labor-law offenses are classified as violations instead of misdemeanors when no other penalty applies. This includes violations of covered laws, lawful orders, and related court judgments. The change lowers the offense classification for affected employers and owners but sets no new fine.
Secretary handles permits for child performers
Children under 16 working in entertainment still need a state permit and written consent from a parent or guardian. The Labor and Licensing Secretary or a designee now handles permits and enforcement. The Secretary also determines which entertainment jobs or settings are hazardous or harmful to children.
Labor Secretary takes over worker protections
Arkansas shifts labor-law duties from the Division of Labor Director to the Labor and Licensing Secretary or a designee. These include inspections, workplace correction orders, rules, mediation, and public employees’ chemical-information protections. The Secretary also takes over child-labor enforcement, mine certification, and boiler, safety-glass, and blasting oversight. Existing requirements and penalties remain, and the separate law governing the Division Director’s appointment and qualifications is repealed.
Workplace insurance discount keeps existing minimum
The Insurance Commissioner now consults the Labor and Licensing Secretary or a designee when setting workplace-safety premium-credit criteria. The existing workers’ compensation premium credit for a drug-free workplace remains at least 5%. The Commissioner can make an exception upon finding the credit financially unsound for insurance pricing. Drug-free workplace programs must follow rules from the Workers’ Health and Safety Division.
Sponsors & Cosponsors
Sponsors
Missy Irvin
Republican • Senate
Lee Johnson
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/14/2025
House Vote - Monday, April 14, 2025 3:27:05 PM
Yes: 96 • No: 1
Senate vote • 4/7/2025
Senate Vote - Monday, April 7, 2025 1:53:58 PM
Yes: 35 • No: 0
Actions Timeline
Notification that SB439 is now Act 737
4/18/2025SenateDELIVERED TO GOVERNOR.
4/15/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/15/2025SenateORDERED ENROLLED
4/14/2025SenateReturned from the House as passed.
4/14/2025SenateReturned to the Senate as passed.
4/14/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/14/2025HouseReturned by the Committee Do Pass
4/9/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on STATE AGENCIES & GOVT'L AFFAIRS- HOUSE
4/7/2025HouseRECEIVED FROM THE SENATE
4/7/2025HouseOrdered immediately transmitted to the House.
4/7/2025SenateRead the third time and passed.
4/7/2025SenateReturned by the Committee, with the recommendation that it Do Pass
4/3/2025SenateRe-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
4/1/2025SenateREPORTED CORRECTLY ENGROSSED
4/1/2025SenateAmendment # 3 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
4/1/2025SenateWithdrawn from Committee and placed on 2nd reading for purpose of amendment # 3
4/1/2025SenateRe-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
3/20/2025SenateREPORTED CORRECTLY ENGROSSED
3/20/2025SenateAmendment # 2 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
3/20/2025SenateWithdrawn from Committee and placed on 2nd reading for purpose of amendment # 2
3/20/2025SenateRe-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
3/19/2025SenateReturned by the Committee, with the recommendation that it Do Pass
3/18/2025SenateRe-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
3/17/2025SenateREPORTED CORRECTLY ENGROSSED
3/17/2025Senate
Bill Text
SB439 - Introduced
3/12/2025
Act Version
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