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Categorized | Arkansas News Bureau, News

Animal cruelty act, other new laws to take effect

By Rob Moritz
Arkansas News Bureau

LITTLE ROCK — A variety of new laws take effect Friday in Arkansas, including measures that make animal cruelty a felony, set a minimum age to legally operate a personal watercraft and enhance the graduated driver’s license.

“I’ve actually got 25 pages of laws that didn’t have an emergency clause, but most of them are ones that most people are not concerned about,” House Speaker Robbie Wills, D-Conway, said of the volume of new laws taking effect.

Unless accompanied by an emergency clause stipulating it is to take effect immediately, an act signed into law by the governor takes effect 90 days after the legislative sessions ends. Friday is the 90th day.

“We actually had fewer bills filed and fewer bills signed into law this past session than we had in years past, and I hope that indicates the Legislature is being more thoughtful about how we spend our time while in session,” Wills said.

While some of the laws, like the animal cruelty act, received a great deal of publicity and discussion during the legislative session, others “flew under the radar,” such as the Rogers Phillips Transfer Policy Act, Wills said.

Act 33, the animal cruelty law, makes torturing a dog, cat or horse a felony on first offense in Arkansas, punishable by up to six years in prison and a fine of up to $10,000. The legislation also includes a five-year sentencing enhancement for anyone convicted of torturing an animal in the presence of a child.

Wills credited Attorney General Dustin McDaniel with bringing together diverse animal advocacy and farming and hunting groups who had previously been opposed to such legislation to develop the law.

McDaniel said Wednesday he was “very pleased” the state will soon have “a law in place that provides felony punishment to people who commit heinous acts of animal cruelty and participate in animal fighting.”

“These activities will not be tolerated in our state,” he said.

Also taking effect Friday is Act 309, which prohibits drivers under 18 from carrying more than one unrelated passenger who is under 18 unless accompanied by a licensed driver who is at least 21 and occupying the front passenger seat.

The measure prohibits drivers younger than 18 from driving between 11 p.m. to 5 a.m., except when coming home from a school function or work or during an emergency.

Also becoming law Friday is Act 693, known as “Rachel’s Law” in honor of 15-year-old Rachel Rutherford, who died in 2007 accident while riding a personal watercraft on Lake Hamilton in Hot Springs.

Under the law, the minimum age for riding such a craft will rise from 14 to 16 and drivers will be required to pass a training course. Use of personal watercraft also will be prohibited after dark, and alcohol and drug testing will be required after a personal watercraft accident that results in injury or death, or if police have reasonable suspicion the operator of the vehicle was under the influence of drugs or alcohol.

A little-known but very important law taking effect Friday, Wills said, is Act 182, known as the Rogers Phillips Transfer Policy Act, which is designed to make it easier and less expensive for students to transfer between state colleges and universities.

“We’ve heard a lot from families who have children who started at one school and then transferred to another school and then lost not just three hours, but basically a year or year-and-a-half of course work because the school they’re transferring to didn’t recognize the credits,” Wills said.

“This puts in policy a system for fully transferable credit hours from degrees …. among Arkansas colleges and universities,” he said. “This is a major step forward in higher ed.”

Under the bill, students attending two-year colleges who have completed courses with a grade of C or better in arts, science or arts in teaching would be eligible to transfer the credits to four-year state universities.

The same transfer rules also would apply to students transferring from one state university to another.

Also going into law Friday is Act 424, which establishes a common spring break for all Arkansas public schools to begin the Monday of the 38th week of the school year.

Another new law of note is Act 329, which prohibits the sale and distribution of novelty lighters that resemble cartoon characters, toys or other items.

The measure sets a range of fines from $25-$500 for retailers selling the lighters.

Sen. Sharon Trusty, R-Russellville, proposed the legislation in response to the 2007 deaths of two Russellville boys, 15-month-old Peyton Edwards and 2-year-old Breydon Edwards, who were killed in an apartment fire caused by a motorcycle-shaped lighter one of the boys was playing with.

Also taking effect is Act 26, which repeals a 2005 law setting a February presidential primary election and moves the election back to May to coincide with the state primary election.

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  1. Animal cruelty act, other new laws to take effect | Ark Of Noah Says:

    [...] Unless accompanied by an emergency clause stipulating it is to take effect immediately, an act signed into law by the governor takes effect 90 days after the legislative sessions ends. Friday is the 90th day. Arkansas News Bureau [...]

  2. Animal Cruelty Now a Felony in Arkansas « Animal Blawg Says:

    [...] Cruelty Now a Felony in Arkansas As of July 29th, 2009 (last Friday), animal cruelty became a felony in Arkansas.  Act 33 makes torturing a dog, cat or horse is now a felony on first offense, punishable by up to [...]

  3. Getting a New Dog | Traveling Mom Says:

    [...] Arkansas has lousy animal protection laws.  This summer they became the 46th (46th!) state to finally make torturing animals a felony. There was plenty of opposition. And there are lots and lots of unwanted [...]

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