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Republican Sponsorship
Business & Economy

HB1606

Regarding The Suspension Of Permits For A Retailer's Failure To Pay A Wholesaler Or Manufacturer For Tobacco Products, Vapor Products, Alternative Nicotine Products, Or E-liquids.

Passed

Last Action (April 13, 2023): Notification that HB1606 is now Act 813

Sponsors

AI-Generated Summary

House Bill 1606 establishes a regulatory framework for handling delinquent payments by tobacco and vapor product retailers to manufacturers or wholesalers in Arkansas. If a retailer fails to pay for products on time, the manufacturer or wholesaler must notify Arkansas Tobacco Control within five business days. The agency then alerts other wholesalers and manufacturers, effectively barring the delinquent retailer from purchasing products from them until the debt is settled. If the debt remains unpaid after 30 days, the Director of Arkansas Tobacco Control may suspend the retailer's permit. The bill further grants the director authority to impose mandatory suspensions of varying lengths for first and subsequent offenses. Additionally, the bill mandates that new owners of a retail location assume responsibility for any outstanding debts incurred by previous owners. It also authorizes the board to adopt necessary rules for implementation.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are tobacco and vapor product manufacturers and wholesalers operating in Arkansas. By providing a state-backed enforcement mechanism for collecting debts, these entities gain a more reliable system to ensure they receive payment for products delivered to retail locations. It reduces their financial risk and legal costs associated with pursuing delinquent accounts independently.

Who Might Suffer?

Retailers of tobacco, vapor, and alternative nicotine products are the group most directly and negatively impacted, particularly those experiencing cash flow issues. These businesses face the risk of losing their operating permits, having their supply lines cut off by all permitted wholesalers, and being forced into cash-only purchasing requirements. Additionally, new owners of retail locations could be held financially liable for the unpaid debts of previous owners, which could discourage business acquisitions or lead to unforeseen financial burdens.

Vote Records

Third Reading

April 6, 2023
Yea: 32 Nay: 0 NV: 1 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Absent
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

March 16, 2023
Yea: 79 Nay: 7 NV: 14 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House NV
Lane Jean Republican House NV
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House NV
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House NV
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House NV
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Nay
Dwight Tosh Republican House Nay
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Yea
Deann Vaught Republican House NV
Karilyn Brown Republican House NV
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Nay
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House NV
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House NV
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House NV
DeAnna Hodges Republican House Nay
Hope Duke Republican House Nay
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Nay
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House NV
Scott Richardson Republican House NV
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Nay
Ryan Rose Republican House NV
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Read Full Bill on arkleg.state.ar.us