Fiscal Impact Statements for Thursday's voting calendar: (each bill that may impact state revenues must be accompanied by a fiscal impact statement)
HB1202 (Rep. Thyer et al) -- To exempt dyed distillate special fuel from sales and use tax: Revenue Impact is $14,850,000.
HB1307 (Rep. Pierce) -- To provide that an ex-POW, Pearl Harbor survivor, or a Medal of Honor receipient may receive a special license plate for a nominal fee: Revenue Impact is approximately $1,200.
HB1318 (Rep. Sullivan et al) -- To create the Surplus Poultry Removal Incentives Act: Revenue Impact is approximately $800,000 over the next biennium. The bill has a sunset provision if the total amount of the income tax credits exceed $1,000,000 in any calendar year.
posted by Steve Harrelson @ 1/31/2007 05:04:00 PM | Permalink |
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Arkansas Lottery
I agree -- on to more appealing topics. Rep. Bond dropped HJR1005 this afternoon, which would propose a constitutional amendment for a vote by the people to allow for a lottery in Arkansas. The proposal mandates that all proceeds after administrative expenses to go two items: college scholarships and teacher bonuses. The resolution also mandates that net proceeds shall supplement, not supplant, non-lottery educational resources, thereby ensuring that general revenue normally committed to education is not shifted elsewhere. Analysts tell us that we can expect $75-$100 million in additional revenue, which would quadruple our current commitment to college scholarships (and could have a Murphy Oil project-type impact statewide, which has basically been the effect of Georgia's program).
Of course, a vote for HJR1005 only puts this issue to a vote of the people. It can only be assumed that a vote against this is an implication that the voters are too stupid to decide this issue for themselves.
I signed on to this proposal primarily because I'm tired of seeing Arkansas money educate non-Arkansas students. The lottery is already legal in half of my hometown, but Texas, of course, receives 100% of the proceeds. While I don't personally purchase lottery tickets, I don't see why others on our side of the state line should be stopped from doing it over here if they so please.
As far as creating a tax on the poor, the people in my district who want to play the lottery are already doing it. While these people are on the other side of State Line Avenue purchasing lottery tickets, they're also purchasing other items, and the Texas economy is getting 100% of the benefit. I'd like to redirect this revenue to provide scholarships to Arkansas children and bonuses to Arkansas teachers.
Click this map for a list of the 42 states with lotteries:
Update: Here's footage of the press conference today (courtesy of Warwick Sabin and the Arkansas Times):
posted by Steve Harrelson @ 1/31/2007 03:34:00 PM | Permalink |
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HB1362: Revising the Beneficiary Deed
After several months of analyzing the current law on Beneficiary Deeds (which actually just went into effect in 2005) with a group of Arkansas lawyers specializing in this area, I filed HB1362 this afternoon.
In Spring 2006, the Arkansas Lawyer published a piece by Chris Barrier titled "The Uncertain Gift: Arkansas' [sic] New Beneficiary Deed" (sorry, couldn't resist). This feature outlined the problem with the new law in its current form and sets out in detail problems that arise from the use of these instruments. I contacted Mr. Barrier after reading his article, and he had already assembled a group of attorneys across the state to address this problem. This bill is the product of this group's work.
posted by Steve Harrelson @ 1/31/2007 02:53:00 PM | Permalink |
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HB1225: Non-partisan elections for prosecutors
Rep. Lamoureux (R-Russellville) has me in a box on this one. This bill mandates that elections for prosecuting attorneys be held in a non-partisan manner. Amendment 80 brought this change to judicial elections back in 2000. This proposal removes the appearance of partiality and partisanship in the judicial system, even though prosecutors are free to currently run as an Independent.
I understand the prosecutors are actually split on the bill. While it will save them a significant amount of money, this filing fee also acts as a sort of incumbency safeguard. The problem lies with my position as majority leader. The bill's unintended (*cough*) consequence is to take a couple of hundred grand away from the Democratic Party of Arkansas. The current filing fee paid to the party for this position (at least for Democrats) is $7,500. There are 28 judicial districts in Arkansas, each with its own elected prosecutor. Three of these are Republicans, and besides a couple of prosecutors in southeast Arkansas that recently ran as an Independent, all others ran as Democrats.
It failed in committee this morning, but I expect to see it back.
posted by Steve Harrelson @ 1/31/2007 02:08:00 PM | Permalink |
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HJR1004: Annual legislative sessions
Rep. Harris is running his resolution again to allow for annual legislative sessions (the additional session in even years would be for appropriations) here in Arkansas. Because the Constitution calls for the legislature to assemble every other year (Art. 5, § 5), this measure (if passed) will be referred to the people in 2008.
To me, the most important change of this measure is the fact that it allows the legislature by a two-thirds vote to add measures to the "call" in the "appropriation" session (rather than this issue being left to the governor). Rep. Harris believes that allowing the legislature to make this call (and meeting annually in itself) will help balance the power between the executive and legislative branches.
3:00 p.m. -- Joint Energy Committee (Rm. 151) Agenda
Fiscal Impact Statements for Wednesday's voting calendar: (each bill that may impact state revenues must be accompanied by a fiscal impact statement) HB1196 (Rep. Prater) -- An Act to continue the Arkansas Commission on eye and vision care of school age children and to create the school-age children eye and vision care fund: Revenue Impact is $0.00 -- no new revenue or tax HB1145 (Rep. D. Evans) -- Webb's Law: Revenue Impact is $0.00 to 'minimal' (the bill requires schools to notify parents upon a student's suspension; required contact may require postage or telephone charges)
posted by Steve Harrelson @ 1/30/2007 06:01:00 PM | Permalink |
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HJR1003: Constitutional Amendment to abolish the office of Constable
Apparently, Constables do provide a necessary service, especially in rural Arkansas, but is it a service that other law enforcement agencies can't handle? Is that not a proper issue for the people to determine? Here's the only data I can find online about Arkansas Constables.
posted by Steve Harrelson @ 1/30/2007 05:18:00 PM | Permalink |
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SB185 (Governor's proposal to cut grocery tax in half) is on its way to the House
It passed the full Senate this afternoon by a vote of 35-0.
posted by Steve Harrelson @ 1/30/2007 02:55:00 PM | Permalink |
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HB1027: "Stand your ground" bill (Updated)
This will be a showdown between prosecutors and the NRA. I'm up to 27 e-mails this morning supporting this bill since 7:00a.m. It will be presented on a special order of business in House Judiciary next Tuesday.
It modifies the self-defense doctrine and has been made law in other states, specifically Florida, where it has received the most attention.
It has basically four components:
(1) It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied structure and may use defensive force, including deadly force, against the intruder.
(2) In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”
(3)In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.
(4) If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.
Update: Lori tells me that we've gotten 2 calls at home so far this morning in support of this bill. They're working it.
2nd Update: I've received another 25 e-mails since lunch and Lori called saying she's received another half-dozen phone calls at home (one from Minnesota). There comes a time when their efforts become counterproductive.
I met with the Prosecutor Coordinator's office this morning on this bill, and I have yet to meet with the NRA or any other interest groups, so I'll withhold judgment, but here's where I am as of right now:
1. Current law says that deadly force may not be used in self-defense if it can be avoided with complete safety by retreating or surrenduring the property if a few conditions are met. In other words, if complete safety does not exist in those situations, you're free to blow their head off. I don't see why this current law is bad law, and I'm a gun owner with a wife and daughter in the house with me. The proposal seems to give you free reign in the event someone comes in the house without permission. It might be different if there were an existing problem in the state with overreaching prosecutions from the use of deadly force in self-defense, but I have heard of no such Arkansas case.
2. My other problem with the proposal is the phrase "place where a person has the right to be." The interpretation of this phrase will be impossible, especially when considering customs of gangs, etc. If I intrude on turf where a person has the right to be, he'll basically have a presumption that I'm there to cause deadly force, thereby giving him authority to take some target practice on me.
3. The proposal also gives the shooter criminal and civil immunity, which could cause some evidentiary roadblocks for law enforcement investigations in alleged murders.
I'm continuing to keep an open mind and will meet with NRA representatives if asked.
posted by Steve Harrelson @ 1/30/2007 11:21:00 AM | Permalink |
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BMI is trash
I've received a few e-mails on my vote to repeal the BMI testing requirement of our children in public schools. The BMI itself is a faulty test that doesn't tell us anything about a person's body composition, because it doesn't take muscle mass into consideration.
The BMI is not science -- it merely takes a person's height and weight and spits out a number, and we've been mandating that our taxpayers' money go towards this antiquated and outdated calculation.
According to the BMI test, my healthy weight range is between 128 and 174 (I haven't weighed 128 sincethe 3rd grade). As I trained for the Miami marathon last year, I got down to 191 pounds and 12% bodyfat. I was running sub-seven minute miles on my training routes, but according to the BMI, I was still overweight. Even at 0% bodyfat (an impossibility), I would've barely fit in the upper range of the "healthy" envelope. I'm about 15 pounds heavier today, and I fall in the "morbidly obese" category, even though I'm logging 25 miles per week in my running shoes. No wonder this test tells us that 60% of our children in the state are obese -- the test is faulty.
Take Darren McFadden, the Heisman Trophy runner-up and Doak Walker Award winner. According to the BMI, he rates at 26.3, which falls into the overweight category. Are you willing to tell McFadden to his face that he's overweight?
If we're going to require our school districts to categorize our childrens' weight class (a measure I oppose), we need to find a modern way of doing it: calipers, bodyfat tests, etc. The BMI is useless and tells us nothing of a child's body composition.
posted by Steve Harrelson @ 1/30/2007 10:36:00 AM | Permalink |
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SB12: Unconstitutional (Updated)
There are lots of votes each session that are difficult to make, and no one wants to take difficult positions that are politically indefensible. However, on January 8th, I took an oath to uphold the Constitution of the United States and the Constitution of the State of Arkansas. This is an oath I do not take lightly.
On the House Judiciary agenda this morning is SB12. This bill allows for a prosecuting attorney to request that a pro se Defendant be required to have an attorney appointed for the sole purpose of cross-examining the victim in a child sex offense trial.
This is a direct violation of the 6th Amendment of the United States Constitution, which gives an accused the right to confront the witnesses against him or her. According to Faretta v. California, 422 U.S. 806 (1975), there is an absolute right for a Defendant to represent himself or herself. Many people pick and choose the portions of the constitution that suits them and carry the banner for certain issues on freedom of expression, right to bear arms, etc. Self-representation, although not as celebrated as other portions of the constitution, is still a right given to us by our forefathers and derived through the interpretation of our Supreme Court.
This bill sailed through the Senate 35-0. The unfortunate and unintended consequence of this law (once passed) will require the poor victim of a case such as this to have to testify twice: once at trial and then again once the case has been overturned at the Supreme Court (and after we pay the Attorney General to defend the state on this unconstitutional measure).
There are already measures in place to protect the child victim in a case such as this, including closed circuit video testimony where the child does not have to be in the same room as the Defendant. This is a precarious position but one that must be made if legislators are serious about the oath we took on January 8, 2007.
Update: The bill failed, as it did not receive a motion.
posted by Steve Harrelson @ 1/30/2007 10:09:00 AM | Permalink |
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3:00 p.m. -- Task Force on Abused & Neglected Children (Rm. 130): Agenda
posted by Steve Harrelson @ 1/28/2007 07:13:00 PM | Permalink |
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Moving Day
After a lengthy but exciting renovation project, Dad, Jeff, and I moved our law office into the Foreman Building (ca. 1901) in downtown Texarkana on Saturday. We always wanted (1) an historic building (2) on the Arkansas-side with (3) a view of the post office. Jeff and I are beginning to realize that our wish has been granted but that we'll be spending the majority of the remainder of our working lives paying for it.
More pics to come -- this one is a week old and was taken as Camille prepared for the flooring to be installed.
Update: More pictures:
We still have quite a bit of work to do on the outside, including removing some of the paint on the stone (all lead paint), finishing the cornice around the top, and installing the remainder of the windows on the west side of the building.
Here is a picture of the building as it existed in 1949 (prior to the fire):
posted by Steve Harrelson @ 1/28/2007 01:48:00 AM | Permalink |
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Attorney General Dustin McDaniel's Legislative Package
posted by Steve Harrelson @ 1/28/2007 01:31:00 AM | Permalink |
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Saturday, January 27, 2007
Proposed Hempstead Co. Swepco power plant facing challenges
The clean-burning coal power plant we are expecting just 15 miles northeast of Texarkana is beginning to face its first test from Emon Mahony, environmentalists, and local/regional outdoorsmen. A Petition to Intervene filed by Entegra Power Group was denied yesterday. A hearing has been set for June 28, 2007 on all contested issues.
Many believe that most concerns will be satisfied and resolved and that this project will continue on as planned. The 600 megawatt plant will use an advanced coal combustion technology called “ultra-supercritical,” making it one of the first plants of its type to go into operation in the U.S. The coal will be shipped by rail from the Powder River Basin area of Wyoming (near Gillette -- a few hours south of Devil's tower, for you Griswald types). The anticipated completion date is 2011, and the project is expected to bring 1,400 temporary jobs and 110 permanent positions to our area.
posted by Steve Harrelson @ 1/27/2007 06:09:00 AM | Permalink |
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Friday, January 26, 2007
Slovak Oyster Supper
The rich tradition of the annual oyster supper was held tonight over in Prairie County. Any reports from the field would be appreciated.
posted by Steve Harrelson @ 1/26/2007 10:30:00 PM | Permalink |
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Week 3 Legislative Summary
We are three weeks into the session, and there have been 541 bills filed to date: 339 in the House and 202 in the Senate. Both chambers are beginning to review the various tax cut proposals that are being considered. There is no doubt that tax relief will be provided in some form as a way to deal with the state's current revenue surplus of $843 million -- the main issues this week and in the coming weeks include how this relief will be provided to Arkansas taxpayers.
I have signed on to the governor’s proposal to cut the 6 percent state sales tax on groceries by half this session -- this proposal would have an annual impact of $130 million on the state. At last count, it had 30 Senate sponsors and 42 House sponsors and is awaiting action in the Senate. Meanwhile, Speaker Benny Petrus (D-Stuttgart) will propose a three-bill package to benefit low- and middle-income workers, retirees and manufacturers. These bills would (1) provide $80 million in income-tax rebates for low- and middle-income workers, (2) raise the minimum taxable income for retirees from the current $6,000 to $10,000, for a tax savings to retirees of about $21 million, and (3) reduce the state sales taxes on utilities for manufacturers from 6% to 3%.
Now that we are in receipt of the Act 57 "Adequacy" Report, legislators are beginning to consider the funding mechanism and foundation figures for educational needs. No numbers have been publicly proposed, but the figures I've heard discussed should please local school districts. I also anticipate a portion of the state's revenue surplus being used to satisfy one-time needs for school facilities.
Also this week, we heard a presentation by state highway officials on highway needs. Highway officials cited $16 billion in needs in a transportation "wish list" over the next decade but projected just $4 billion in funding. Our state's total annual gross general revenue collections amount to about $5 billion.
Also during the week, the House approved many proposals, including:
(1) HB 1134 by Rep. Earnest Brown (D-Pine Bluff), to relieve paying back child support obligations if a DNA test disproves paternity. The bill now goes to the Senate. This legislation was discussed on the blog previously after the Arkansas Supreme Court urged the legislature to review this issue.
(2) HB 1157 by Rep. David Wyatt of Batesville, to allow judges to award custody and visitation rights to children’s step-grandparents. I voted against this measure (it passed 57-40) for a variety of reasons. One is that a child's step-parents are not even recognized for visitation under Arkansas law. I believe that this bill put the "cart before the horse." Further, the Arkansas Supreme Court struck down this statute in 2002 after finding it to be overbroad. I believe this proposal would give the court further reason to revisit this statute based on the same reasons.
(3) HB 1230 to increase from four years to six years the length of time that must pass between an inmate’s successive petitions for executive clemency. The bill applies to about 550 inmates sentenced to life without parole. supporters say will be better for victims’ families and will ease the paperwork crush on the state. The state parole board will still have the authority to shorten the time period under certain conditions, such as the inmate’s health and if new-found evidence puts the inmate’s guilt into question. The bill goes to the Senate.
(4) HB 1130 to codify the Uniform Statutory Rule Against Perpetuities. This bill recognizes the common law rule and allows for the reformation of the transferor's intentions. The Arkansas Constitution prohibits perpetual transactions, and this legislation allows for non-vested future interests in property under certain conditions.
(5) House Bill 1200 to replenish the $500,000 Governor’s Emergency Fund. The account had a zero balance around the end of the year. The $500,000 appropriation is available for the rest of this fiscal year, which ends June 30.
I'll continue to keep you posted. Please call or e-mail if I can be of service.
posted by Steve Harrelson @ 1/26/2007 09:07:00 PM | Permalink |
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Great job, Rep. Greenberg (Updated)
I've written in previously that I thought Dan Greenberg (R-Little Rock) was going to be a solid legislator for his district. He spoke in opposition to my HB1130 this morning and did a very honorable job, persuading several other legislators on his informed position. Glad I got it through.
Update: Reps. Greenberg and Burkes are going to prepare legislation to lengthen the USRAP period to 360 years later this session or next. Not sure I would oppose such a proposal at this point and may support it -- depends on the view of the Commission on Uniform State Laws, the Ark. and American Bar Associations, Professor Lynn Foster and others.
posted by Steve Harrelson @ 1/26/2007 11:07:00 AM | Permalink |
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State politics across State Line Avenue
Keeping up with Texas government is part of the territory of representing a city split down the middle by a state line. Bills in Austin can have just as much impact on residents of the Arkansas-side of town as the legislation being considered in Little Rock. I notice this morning in the Burnt Orange Report that Texas House Speaker Tom Craddick (R-Midland) has not announced committee assignments as of this third week of the legislative session in Austin, blaming icy conditions and his inability to meet with key legislators.
Given that 68 House members signaled their opposition to Craddick's re-election on Jan. 9, Craddick promised in the election aftermath to be kinder-and-gentler in running the House, listening more to the members than ramrodding his agenda.
The delay, according to Craddick loyalists who sought anonymity because their committee assignments are in play, is prompted more by his longest-serving allies feeling they are not getting enough in return for their loyalty. As Craddick told members of his new team what their assignments would be, the word trickled out to other members. Some weren't satisfied. Craddick is finding it hard to please everyone-or at least the 80 members who stuck with him.
Rep. Robert Talton, R-Pasadena, is questioning Craddick's motives. "He's not kinder and gentler," said Talton, who voted against Craddick. "He's just trying to be smarter."
posted by Steve Harrelson @ 1/26/2007 06:46:00 AM | Permalink |
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posted by Steve Harrelson @ 1/25/2007 02:46:00 PM | Permalink |
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Congressman Vic Snyder to speak at Arkansas House Democratic Caucus Friday
Arkansas's 2nd District Congressman Vic Snyder will speak to the State House Democrats on Friday morning during the regular meeting of the caucus. I have had the unique opportunity of working for Congressman Snyder (I served as his campaign manager in 2000) and am looking forward to hearing about his son Penn and the goings-on in Washington.
Congressman Snyder has served in the United States House of Representatives since 1996 and is a physician, attorney, and veteran. He serves on two Congressional committees: the House Committee on Veterans Affairs and the House Armed Services Committee. Congressman Snyder is the ranking member of the Armed Services Subcommittee on Personnel, and serves on the Subcommittee on Readiness and the Veterans Affairs Subcommittee on Health.
Congressman Snyder is married to Reverend Betsy Singleton, pastor of Quapaw Quarter United Methodist Church in Little Rock. They have one child, Charles Pennington “Penn” Snyder, who was born May 23, 2006.
posted by Steve Harrelson @ 1/25/2007 12:49:00 PM | Permalink |
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HB1036: closing the loophole on payday lenders
The bill that places an enforcement mechanism on the Arkansas usury law is on next Wednesday's House Insurance & Commerce committee agenda. Amendment 60 of the Arkansas Constitution (passed by Arkansas voters in 1982) states that "all contracts for consumer loans having a rate of interest greater than 17% per annum shall be void as to principal and interest."
Individuals who borrow money from these payday lenders typically pay "fees" (read "interest") equivalent to an APR of 372% to 869%. HB1036 would stop this practice by fining the offender $300 per violation. Opponents of the bill state that check cashing organizations do serve a market and can't operate on 17% loans. It will be a controversial measure, but I'm glad to be a co-sponsor on this legislation.
posted by Steve Harrelson @ 1/25/2007 08:47:00 AM | Permalink |
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Bill filed to cut state sales tax on groceries in half
SB185 (click here) was filed yesterday over in the Senate to fulfill Governor Beebe's campaign promise to use a portion of the current revenue surplus to cut the state's "grocery tax" in half. This measure would have a fiscal impact on the state of $130 million annually, and if passed, the state sales tax on groceries would be 2.875% (not taking into account the 1/8 cent tax for natural resources/Dept. of Parks & Tourism/Game & Fish, which is dedicated and must remain).
posted by Steve Harrelson @ 1/25/2007 07:33:00 AM | Permalink |
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Rep. Sandra Prater has worked hard on HB1131 (establishes a commission on Traumatic Brain Injury), and that proposal will be on the floor for a vote of the House. Also on the floor will be a proposed revision to the everchanging Grandparents' Rights statute (adds step-grandparents to the visitation class).
Update: My RAP bill received a "Do Pass" from the Judiciary Committee after some questioning from Rep. Aaron Burkes (R-Lowell). I have been approached by Rep. Dan Greenberg (R-Little Rock) about amending the bill to lengthen the "restricting" period. I'm unlikely to agree to that, and the bill will be presented to the full House for a vote on Friday morning.
posted by Steve Harrelson @ 1/24/2007 06:54:00 PM | Permalink |
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Congressman Ross in Pine Bluff tomorrow
Congressman Mike Ross has asked that I inform you of a Town Hall Meeting on Agriculture at the Pine Bluff Convention Center on Thursday beginning at 2:30 p.m. Joining him will be Congressman Marion Berry and Congressman Collin Peterson (D-Minnesota), who serves as the Chairman of the House Agriculture Committee.
posted by Steve Harrelson @ 1/24/2007 12:46:00 PM | Permalink |
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House "page" program begins this week
The House of Representatives kicked off its "page" program today for students eager to learn first-hand about state government. Each House member is allotted 10 pages during a regular session, and I still have three slots available. If you know of someone interested in serving as a page, please e-mail me at steve@steveharrelson.com .
Pages must be 12 years of age, and the program includes a tour of the Capitol prior to the actual work of running assignments for House members during the voting calendar. The staff likes to limit the number of pages to 12-14 per day, and it runs Monday through Thursday (must sign in by 10:00 a.m.). Pages are allowed on Fridays, but with a shortened calendar on that day, it is best to schedule another weekday to get the full experience. This is a great way to engage your child in the governmental process, and I can personally assure you that your child will be safe here with the capable staff on hand.
posted by Steve Harrelson @ 1/24/2007 11:36:00 AM | Permalink |
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Real Property Electronic Recording Act (Updated)
I'm filing a bill this morning that will give local clerks and recorders legal authority to begin accepting and storing real property records (deeds, mortgages, etc.) in electronic form. This is a stepping stone bill for me, as I'd eventually like to see Arkansas move in the direction of the electronic filing of all civil and criminal pleadings and records similar to the current Federal system.
The main upside to this legislation is to protect documents of legal interest from fire, flood, etc. Louisiana lost loads of pleadings and documents in the 2005 hurricane season, and the courthouse in Clark County, Arkansas had a near miss during the tornado of March 1, 1997. This proposal would also allow parties, title companies, attorneys, banks -- basically anyone searching for real estate records -- to do it from their home/office.
The downside, of course, is that this proposal will require a small $7 increase in the filing of a deed/mortgage (and an extra $2 increase for each additional page), which is worth the trouble of having to take one trip to the courthouse to obtain and make copies of the instrument. Plus, the $15 filing fee will still be cheaper than the $16 filing fee across State Line Avenue. I'll keep you posted on the progress of this proposal.
Update: Here are links to both bills making up this proposal:
posted by Steve Harrelson @ 1/24/2007 12:56:00 AM | Permalink |
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Tuesday, January 23, 2007
HB1024: Important vote for employer/immigration reform (Updated)
We face an important vote Wednesday on Rep. Rick Green's HB 1024, which prohibits state agencies from contracting with businesses that employ illegal immigrants. This issue is largely governed by federal law, but HB1024 presents one issue that is under the state's purview.
Responsible employers who follow the law are at a competitive disadvantage to other employers who hire illegal workers at lower wages and don't withhold taxes or contribute to Social Security/Medicare. This measure would prevent tax and insurance fraud and other 1099 misclassification abuse. We heard lots in the recent election cycle regarding immigration reform: signs, ads, speeches -- you name it. Strangely, this bill failed in committee on its first run prior to three amendments being engrossed. I look forward to casting my vote for this proposal.
Click for video (opens in new window)
Update: The bill passed 92-5.
posted by Steve Harrelson @ 1/23/2007 11:06:00 PM | Permalink |
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Wednesday's House Calendar
8:00 -- Special Language JBC Subcommittee (Rm. 272) Agenda
Tuesday Night: with no voting calendar this afternoon, I came home to attend the Main Street Texarkana meeting downtown to hear/see new projects on both sides of the state line. Gotta be on the road by 5:00 a.m. to get back to my first meeting, but it's good to spend some time with the family, even for a few hours. Need to find some room in the state's $19 billion transportation wish list for a high speed rail system.
posted by Steve Harrelson @ 1/23/2007 10:17:00 PM | Permalink |
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Expanded newborn screening price tag: $3.3MM
I learned in a meeting with members of the health/medical community that the expansion of newborn screening tests I am proposing will not include any additional intrusive testing -- the health dept. can merely take the exact sample used for existing tests for the 29 expanded screening conditions. In order to begin the expanded testing, the state needs to purchase the testing instrument itself (approx $450K) along with the employment of a directing physician and a scientist (along with marketing, etc.). These costs are not factored into the cost of the tests themselves.
the tests are about $90 each, and there are approximately 36,000-37,000 births in the state annually. Approval of this proposal would put Arkansas at the top of national rankings for newborn screening.
Newborn screening will not only allow for detection and treatment to begin early but can also help in researching cures for dozens of conditions. There are drawbacks, including some false positives that are inevitable with medical testing. Also, there are some conditions tested for which there is no treatment, but at least parents can have the satisfaction of knowing the condition from which their child suffers.
Additionally, the savings that the state will reap will likely pay for these additional tests in the long run. Fewer trips to medical providers seeking a diagnosis at later stages in an infant's life will be a benefit that most people do not anticipate, experts say. This appropriation, though, may face some strong opposition based on several other key budget proposals that are being sought this session. I'll keep you updated on this legislation.
posted by Steve Harrelson @ 1/23/2007 09:35:00 AM | Permalink |
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Arkansas's Grammar Lesson
For years, Parker Westbrook (click for bio) has been educating Arkansans about the appropriate spelling and usage of the possessive case of Arkansas. Westbrook, who worked with my grandfather Boyd Tackett (D-Arkansas) on his congressional staff back in the 40s, has asked me to introduce a resolution to amend the 1881 Arkansas General Assembly resolution recognizing the state's pronunciation (Ark-an-saw rather than ar-KAN-sas) to include appropriate usage of the word in the possessive case.
I have noticed that prominent politicians and businessmen in the state now use the spelling Arkansas's rather than Arkansas' when using the word in the possessive case. The Arkansas Times is known (and refers to itself) as "Arkansas's Newspaper of Politics and Culture." I once referred a Times column to a national publication, who in turn replied with the old aloof [sic] brackets after Arkansas's.
The style manual published by the New York Times even uses Arkansas's as an example using the apostophe and an "s" when a name ends with a sibilant letter that is silent. Parker Westbrook is "sticking to the word of the law," and he wants to make sure all Arkansans know the correct spelling of our state in the possessive case. Next time a yankee tells you that you're wrong when you use Arkansas's, send 'em to Parker.
posted by Steve Harrelson @ 1/23/2007 08:56:00 AM | Permalink |
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No Bills for Consideration (never seen this before), but there is an "own amendment" calendar (Agenda)
posted by Steve Harrelson @ 1/23/2007 06:47:00 AM | Permalink |
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Monday, January 22, 2007
Texarkana night at Rick's Armory
The Texarkana Chamber of Commerce is hosting a reception for all legislators tonight at Rick's Armory from 5:30 - 8:00. Local leaders will be on hand to discuss the goings on back home and to discuss issues pertinent to economic development down in the Ark-La-Tex.
posted by Steve Harrelson @ 1/22/2007 03:00:00 PM | Permalink |
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From the mailbag (Updated)
Been a busy weekend in Texarkana -- sorry that I've been out of pocket, and it'll continue to be slow on the blog today.
I'll add to these e-mails and letters I've received from constituents, etc. throughout the next couple of days:
1. What: Mentoring and Enrichment Seminar in Engineering Training for Juniors in high school students. When: June 3 -15, 2007 Where: University of Houston Campus. Participants will live in the dormitory. Engineering students will be the mentors and counselors. Cost: $200.00 for the two week program. A Limited number of scholarships are available. For additional information, Log on to: www.egr.uh.edu/promise/pubs--choose the links camps or summer camps. Apply on-line. The application deadline is January 31, 2007.
2. A fundraising donation campaign for the Arkansas Fallen Firefighters Memorial in cooperation with the Sherwood Firefighters will be held December 7th, 2007 Tickets: $5.00 each or 5 for $20.00 At this time for tickets contact: Johnny Reep at affmemorial@comcast.net P.O. Box 56470 Little Rock,AR 72215 501-224-3710
3. The Arkansas Forestry Commission and its 1,400+ members are pursuing changes in the mineral rights laws as well as additional authority being granted to county judges concerning weight limits on county roads and bridges.
4. There's lots of talk on the House floor about the repeal of the BMI (Body Mass Index) requirements for public schools. There are good points to both sides. Let me hear your thoughts on it. I agree that it's an unfunded mandate, but I can also see the good points. My main problem with BMI is that it doesn't take muscle mass into consideration. A thoroughbred 5-star running back can be in the morbidly obese category simply because of his weight. My other problem with it is that the enabling legislation allowing testing didn't specifically call for BMI testing.
posted by Steve Harrelson @ 1/22/2007 02:48:00 PM | Permalink |
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Friday, January 19, 2007
Week 2 Legislative Summary
We're now up to 349 filed bills this legislative session: 218 in the House and 131 in the Senate. It's apparent that many lawmakers are beginning to look towards key budgetary proposals, including foundation and categorical educational funding, which of course, must be funded first. I visited with former Speaker Bill Stovall this morning regarding educational funding issues. I consider Stovall, who is currently serving as an administrative assistant this year to Speaker Petrus, to be a budgetary wizard. Watching Stovall talk about the state budget is like watching Tiger Woods at the driving range. I'm confident we can both satisfy the supreme court's Lake View mandate and provide meaningful tax relief this session while balancing the budget, which is mandatory in Arkansas.
Also this week, we received the governor’s recommended balanced-budget proposal. The two-year, $8.9-billion budget includes considerable increases for public schools, higher education, prisons and the Arkansas State Police. His executive recommendation also cuts the state’s 6 percent sales tax on groceries by half, which I support. This particular tax relief would cut $175 million from general revenues over the two-year budget.
Specifically, the governor is calling for a $4.36-billion budget for fiscal 2008, which begins this July 1, and a budget of $4.54 billion for the second year of the biennium. The two-year plan recommends:
(1) A 10 percent increase in funding for higher education, or $157 million.;
(2) $202 million in new money for public schools, not including whatever amount lawmakers put toward court-mandated improvements to school facilities;
(3) $117 million in new money for health and human services;
(4) $45 million in new money to the Department of Corrections, in part to add beds at the Women’s Unit and to open a special-needs facility at the Malvern prison. The Department of Community Corrections would get $29 million extra over two years, in part to hire more probation officers; and
(5) $14 million in new money to the State Police, partly to hire new troopers.
Cities and counties also would see an increase in turnback funds from the state. Governor Beebe’s budget calls for increases of $4 million each for cities and counties. Some members in the House would like to see higher turnbacks. Also on the minds of House members is the status of General Improvement Funds in light of a recent Supreme Court ruling that found many of the previous appropriations to be considered "special and local" legislation, which is prohibited by Amendment 14 of the Arkansas Constitution. General Improvement Funds are not appropriate for projects unless they benefit the entire state.
The governor also wants to increase homeowners’ property-tax credit from $300 to $350. Other tax cuts are aimed at farmers to help them on fuel costs and at manufacturers, through a reduction from 6 percent to 5 percent on the state sales tax on utilities.
We're still spending a lot of time drafting, revising, and filing bills, but we have allowed a few bills to get through committee and through our side of the capitol already. On the House floor during the week, we approved over two dozen items, including the following bills, which are now headed to the Senate:
- HB 1013 by Rep. Dawn Creekmore of Hensley, which requires prison time for a person convicted for the fourth time of indecent exposure. The crime currently is a misdemeanor, regardless of the number of convictions. The bill also stiffens penalties against Internet stalking of a child. Under HB 1013, a fourth or fifth conviction for indecent exposure within a 10-year period would be a Class D felony, punishable by up to six years in prison and a $10,000 fine. A sixth offense within 10 years of a previous conviction would rise to a Class C felony, punishable by up to 10 years in prison and a $10,000 fine. Internet stalking would go from a Class C felony to Class B, with a sentence of up to 20 years in prison and up to a $15,000 fine. The bill now goes to the Senate.
- House Bill 1041 by Rep. Shirley Walters of Greenwood, which requires juvenile courts to notify school officials of any student at that school who has been deemed by the courts as a sex offender or who has been charged with a sex offense. Current law leaves it to parents to notify school officials of their child’s legal problems, but supporters of the bill said that probably happened very rarely. The bill now goes to the Senate.
On Friday, Lt. Governor Bill Halter addressed the Democratic Caucus and outlined portions of his legislative package. He is aiming to increase funding for pre-kindergarten and to expand IRS section 529 allowances to assist Arkansans in college savings. Among the meetings early next week, the House and Senate Education Committees will meet jointly for a discussion on the recently-filed Act 57 report. On Monday night, we'll entertain legislators at the Texarkana Chamber of Commerce reception, which will be held at Rick's Armory.
posted by Steve Harrelson @ 1/19/2007 08:29:00 PM | Permalink |
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9:00 -- "B" Committee Meetings: Agriculture (Agenda) State Agencies (Agenda) 10:00 -- House Convenes: Bills for Consideration (Agenda) (Playing with the html code to try and make the links more visible).
posted by Steve Harrelson @ 1/19/2007 07:32:00 AM | Permalink |
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Texarkana Public Library closing Central Mall location Saturday
The Texarkana Public Library will close its temporary location at Central Mall at 5:00 p.m. January 20, 2007. We'll be without library service the week of January 22nd. The library will re-open downtown on January 29th.
posted by Steve Harrelson @ 1/19/2007 07:30:00 AM | Permalink |
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Thursday, January 18, 2007
Educational Adequacy Report of 2006 (Act 57 of 2nd Extraordinary Session of 2003)
Here's your 161-page draft report (click here) that is to be our roadmap to get us out of the Lake View litigation (e-mailed to members yesterday). Recommended legislation is at the end, and it's blank.
We have two objectives here. The smaller objective, and just as important to me at this stage, is to satisfy the Court that the legislature has achieved and satisfied its constitutional requirement to provide an adequate public educational system pursuant to Article 14, Section 1 (and please read section 4) of the Arkansas Constitution. The legislature can no longer sulk that the Supreme Court has accepted jurisdiction over the matter. They have oversight, and our job now is to satisfy our obligations.
Briefly, the funding matrix provided by Picus includes a change in calculation. Whether that change is acceptable to school districts in all corners of the state will be the $64 million question. Foundation and categorical funding increases will also certainly be addressed, and it's my position is that a review of the expansion of NSLA categories would be beneficial. I'm leaning on those closer to the facilities issue to educate me, but I am in favor of using a portion of the current revenue surplus to satisfy some one-time expenses there (Gov. Beebe's seeking up to $400MM).
As a lawyer, my concern, and my thoughts as to the thinking of the Supreme Court, is that the legislature has never provided a benchmark definition for "adequacy." We have yet to give them a target to judge as to whether we have satisfied our constitutional obligation. I do not think that the Court would ever tinker with our definition so long as one is provided -- at that point, I think there would be a true problem with the separation of powers and a problem with Article 14, Section 4. Upon the implementation of a definition, they have a standard by which to determine whether or not we have provided an adequate educational system.
More on this throughout the session.
posted by Steve Harrelson @ 1/18/2007 12:14:00 PM | Permalink |
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"Stand Your Ground" bill about to be presented in House Judiciary (Updated)
Update: The bill was not presented at this morning's meeting.
posted by Steve Harrelson @ 1/18/2007 09:52:00 AM | Permalink |
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Filing deadline approaching on State Retirement/Pension Plans
Monday is the deadline to introduce legislation affecting state retirement/pension plans. I've been in discussions with several local teachers regarding the state contribution towards the Arkansas Teacher Retirement System vs. what the state contributes to other state employees in the Arkansas State Health Plan.
The two plans have roughly the same premium for retirees and the numbers are as follows:
Total Monthly Premium: $589.00
The state contribution for state employees is $419.17 for a monthly cost for the retiree being roughly $169.00.
The state contribution for public teachers is $157.70 for a monthly cost for the retiree being roughly $430.00.
I have a fiscal impact study in the works to see what the cost to the state would be to equalize the state contibution for teacher retirees to that of the state health plan. Unfortunately, I don't have time to wait on the numbers and need to file a shell bill -- we can debate the numbers and the merit later, but if this issue is going to be considered, legislation must be filed by Monday. I understand SB78 was filed by Joint Budget over in the Senate for the ATRS appropriation for the next biennium, and I haven't had time to review that (or the other two Senate bills related to teacher retirement) as of yet.
posted by Steve Harrelson @ 1/18/2007 07:59:00 AM | Permalink |
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Revitalizing downtown Texarkana (my pitch for the Entertainment District)
The editorial page of the Texarkana Gazette had a good column on the progress of downtown improvement recently. The column hit on the key to triggering development, and that's that one or more of the "big" projects need to be tackled. I'm afraid the big project(s) are now limited to the Grim Hotel. Word is is that the McCartney is so loaded with asbestos that its only remedy is demolition (which probably should've been done when the Bi-State Justice Building was constructed.
I diverted my morning run this morning to the River Market here in Little Rock and wondered what it would take to bring that type of development and excitement to Texarkana. It's difficult to use the River Market as a benchmark for several reasons:
(1) the River Market is easily accessible from I-30 -- our downtown is just hard to get to. My main concern with the implementation of I-49 in the coming years is that the Highway 67/Broad Street exit will be removed, and that was the easiest route for travelers to see our downtown. The 19th Street Exit will remain, and I guess that will be our artery to downtown;
(2) Little Rock has several developers dedicated almost solely to bringing people downtown to work and live. Jimmy Moses and his bunch took some risk developing several lofts and commercial buildings in the River Market before it became the place to work/live/eat. With the help of Bethany Hanna and possibly others (Legacy Group, etc), we can get there some day; and
(3) It helps Little Rock that their business district is thriving. Downtown Texarkana has seen George's, Alfredo's, Viva's, and Collins& Williams all leave, and that's within the last 18 months.
Everyone's example to show that businesses can make it downtown is Zapata's. There are state and local grants available for facade removal (although we didn't apply for one for obvious reasons on the Foreman Building -- I'd be an easy target for criticism for accepting an Historic Preservation grant that I voted to make a reality here in the legislature).
As far as the Arkansas-side goes, having the City of Texarkana elect to implement an "entertainment district" of a few downtown blocks would help attract businesses and people downtown. This has the support of our city administration, and there's nothing wrong with giving municipalities the right to vote on this themselves. If a couple wants to stroll down Broad Street sipping a glass of wine and window shopping before going into their favorite eatery, who am I to tell them they can't do that?
Many people react as though an entertainment district would bring Beale Street and Bourbon Street to small-town America. That's hardly a reality, considering the headquarters of our local law enforcement is right in the heart of downtown. This measure passed both sides of the capitol in 2005, only to be vetoed by Governor Huckabee. So many people around here beat the drum for less government intrusion on our lives, and this is the opportunity to show it. The city ought to at least have the opportunity to vote on it themselves.
posted by Steve Harrelson @ 1/18/2007 07:22:00 AM | Permalink |
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Wednesday, January 17, 2007
Beebe to announce appointment (Updated)
The buzz here at the capitol (and at Roby's BizBlog and the Ark Times Blog) is that a big announcement, possibly an appointment to the Highway Commission, will take place here at 10:30 on Thursday.
Update (10:00 a.m.): word is that Cliff Hoofman will replace Prissy Hickerson on the Highway Commission.
posted by Steve Harrelson @ 1/17/2007 06:11:00 PM | Permalink |
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Thursday's House Calendar
We're starting to get this thing going now.
Here's the Budget Calendar (we're starting to see many of the agency appropriations coming through); and
There's nothing too controversial on either calendar, but Rep. Thyer's proposal (HB1104) is interesting. It allows for the Legislative Council, normally the governing body of the legislature during the interim, to meet during the general legislative session.
posted by Steve Harrelson @ 1/17/2007 05:55:00 PM | Permalink |
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Beebe's Grocery Tax Proposal -- Draft is circulating (Updated)
A draft is circulating to implement Beebe's proposal to cut the sales tax on groceries in half. This was one of my own personal legislative plans coming into this session to deal with the current $843 million revenue surplus, and I committed on Beebe's proposal during his campaign.
However, Speaker Petrus has devised another plan that would target relief specific to income tax. All he has asked is that we have a spirited debate on this issue.
For me locally, the repeal of the grocery tax presents an issue that can help residents and grocery businesses in outlying areas of southwest Arkansas, since Texas does not have a sales tax on groceries. I'm inclined to support this repeal on the "grocery tax."
I simply want to make sure that the remaining portions of my personal legislative plan can also become reality:
1. Implement a "Rainy Day Fund" of $150-$200 MM (bill already filed by Rep. Maloch); 2. Set aside $250-$300 MM for one-time expenses related to school facilities; 3. Provide tax relief to consumers in the form of a broad tax package (sales tax or income tax); and 4. Provide tax relief to businesses in the form of a repeal of sales tax on energy costs for manufacturers (and to implement biofuel incentives to jumpstart efforts in the delta and the rest of southern Arkansas).
We have plenty of time to debate this tax relief issue before a vote on either a repeal on the "grocery tax" versus a more targeted tax relief program, but we may find out pretty quickly where the votes are.
Updated:After visiting with my constituency and local leaders, I'm committed to the repeal of sales tax on groceries (in half) and am alerting the Speaker tonight. However, I think it's important (and good policy) to not be in such a rush to usher through this legislation right now. The Speaker is entitled to the debate he requested, and we can get a clearer picture of the budget and opportunity to see how the budget shakes out.
posted by Steve Harrelson @ 1/17/2007 03:18:00 PM | Permalink |
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Special Masters (Bradley Jesson and David Newbern) meet re: Lake View timeframe
A meeting was just held over at the Supreme Court outlining a potential Scheduling Order for the pending Lake View litigation. Attorney General Dustin McDaniel pushed for movement on this case so that it can hopefully be disposed of by the end of this current legislative session. The Plaintiffs (David Matthews and co.) agreed but were seeking some additional time until February 20th to determine the timeframe for the case. A conference call will be held at the end of the month to continue working on the Scheduling Order. It is my understanding that the scope of the current oversight is "wide open." I'll post my thoughts on Lake View in the coming weeks.
posted by Steve Harrelson @ 1/17/2007 02:41:00 PM | Permalink |
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More press on legislative gifts?
We were the target of an article in the Arkansas Democrat-Gazette in 2005 based on monogrammed leather duffle bags that were doled out to all legislators by Arkansas Farm Bureau. For obvious reasons, there is a threshold in Arkansas of $40 that requires reporting of any gift given to a public official. Money and its influence in state government is an important issue and should be addressed.
Today, Farm Bureau gave each legislator a leather-bound folder complete with the legislator's name and a state seal embroidered into it. If it's not worth $40, it's darn close. We'll be criticized from time to time based on stuff like this (and rightfully so in many circumstances).
I'm sort of talking out of both sides of my mouth here since I am helping the Texarkana Chamber of Commerce throw our annual reception over at Rick's Armory next Monday night. Full disclosure: our local chamber also provides a trinket or two to legislators.
posted by Steve Harrelson @ 1/17/2007 01:55:00 PM | Permalink |
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Who is Delphi?
This is the question among House members in the "Quiet Room" over lunch today (and over in the Senate). Delphi is a longtime poster on the Arkansas Times Blog, and he/she has recently started publishing his/her own blog, "the People's Tribune" (I have a link to that blog over on the right). I've been wondering the answer to that question myself ever since he/she e-mailed me almost a year ago.
I've been accused of being Delphi, but I have no reason to be -- I have my own site. If Delphi isn't a House or Senate member, he/she is definitely someone in the know. Delphi's pen name is Jimmy Higgins, the same pen name Orval Faubus's father used to write letters to the editor of the Arkansas Gazette back in the 50's.
Steve here (in response to Delphi's comment): Jimmie as in a certain Democratic gubernatorial candidate in 2002?
posted by Steve Harrelson @ 1/17/2007 01:07:00 PM | Permalink |
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Welcome to the Blogosphere, Blake Rutherford
My good friend Blake Rutherford, lawyer turned consultant, has published his new blog, "Blake's Think Tank."
Blake is now with Stone and Ward in Little Rock and is the son of Skip Rutherford, Dean of the Clinton School of Public Service and longtime Clinton confidant.
Good stuff, Blake.
posted by Steve Harrelson @ 1/17/2007 12:03:00 PM | Permalink |
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Greenberg's Edifice Complex Prevention Bill (Updated)
Could this be Mount Magazine in a few years featuring the profile of Huckabee or Clinton (or both)? The way we've been naming things in the state lately, this may not be that much of a stretch.
We'll consider Rep. Dan Greenberg's bill to prevent the naming of state buildings, structures, and facilities after the living (hey Dan, could Mt. Magazine be interpreted to be a structure under the bill?).
I thought the bill was filed partly in jest, and it just may have been, but he's running it this morning, and he has asked for my support. I'm inclined to vote against it, but I'm going to let him make his case this morning.
My problems with it are as follows: 1. It's hard to legislate this kind of thing, and frankly, I'd like to see Pres. Clinton honored at some point, and I'd hate to wait until his death to do so (even though there's an exception carved out for buildings of "historical significance); 2. This doesn't prevent the naming of lakes, parks, and highways, which have been the target of this renaming phenomenon to date; and 3. This also deals with all funding, etc. What if the state is merely handling federal funds for a project?
We'll see.
Updated: Rep. Greenberg pulled the bill down after some lively debate.
posted by Steve Harrelson @ 1/17/2007 07:55:00 AM | Permalink |
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Expansion of Newborn Screening
One of the bills I filed last sesison was named "Joshua's Law" after a young man in Texarkana that has been diagnosed with CF. Joshua's Law was signed into law on April 11, 2005 as Act 1931 and expanded newborn screening in Arkansas to include cystic fibrosis and other disorders. Since that time, I've become active in our local CF foundation, and thanks to people like Dexter Whatley and Laura Lewis, our efforts to eventually conquer this condition will be realized with early detection and research.
The nation's leader in this area is Wisconsin, and they are able to test for numerous conditions both prior to and after birth. I had Joshua's Law drafted to pattern Wisconsin's statute for newborn screening of CF, and I'm seeking funding this session to finally make this effort a reality.
Rosi Smith has already taken the lead and is gathering a group of all interested parties, Arkansas Childrens' Hospital, UAMS, DHHS, etc., and we're meeting this week to begin talking about how we can secure funding that will allow us to implement the most efficient way of detecting CF in newborn children in Arkansas.
At the very least, this truly statewide project is worthy of General Improvement consideration and would pass muster of the recent Supreme Court opinion striking down many GIF projects as local legislation, but I'm hopeful that we can implement funding out of general or special revenue to secure a revenue stream dedicated to keeping this project alive.
posted by Steve Harrelson @ 1/17/2007 07:23:00 AM | Permalink |
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The Governor is in
As cold as it was, I got up to run and do my thing this morning. Governor Beebe has always been a part of the early morning crowd at the capitol cafeteria, but I didn't expect to see the light on in the Governor's office as I ran by before 6:00 a.m. It may have been the cleaning crew for all I know, but based on what I've seen in the first eight days of his administration, it looks like we're going to have one hard-working executive.
posted by Steve Harrelson @ 1/17/2007 07:18:00 AM | Permalink |
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Tuesday, January 16, 2007
Wednesday's House Calendar
There's only one vote of note, and that's Rep. Dawn Creekmore'sHB1013 (click here for the Bill), which increases the penalty for indecent exposure from a Class A misdemeanor to a Class D felony after the 4th and 5th convictions (if within 10 years). A sixth offense would be elevated to a Class C felony.
It also enhances the penalty for the internet stalking of a child from a Class C felony to a Class B felony if the child is 15 years of age or younger.
For your information, the maximum penalties in Arkansas are as follows: Class C Misdemeanor: up to 30 days imprisonment and/or $100 fine; Class B Misdemeanor: up to 90 days imprisonment and/or $500 fine; Class A Misdemeanor: up to 1 year imprisonment and/or $1000 fine; Class D felony: 0-6 years, $10,000 fine Class C felony: 3-10 years, $10,000 fine Class B felony: 5-20 years, $15,000 fine Class A felony: 6-30 years, $15,000 fine Class Y felony: 10-40 or life (there are also some specific drug crimes that have other enhancements).
posted by Steve Harrelson @ 1/16/2007 05:47:00 PM | Permalink |
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Speaker Petrus on YouTube
From an interview this afternoon.
Courtesy of Warwick Sabin and Arkansas Times:
posted by Steve Harrelson @ 1/16/2007 04:26:00 PM | Permalink |
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posted by Steve Harrelson @ 1/16/2007 04:21:00 PM | Permalink |
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Arkansas Revenue Report for December, 2006
The December Revenue Report isn't online yet, so I asked Richard Wilson for an advance copy before tomorrow's Joint Budget meeting. We're now halfway through the current fiscal year, and here's how we compare to the last fiscal year:
Collections of Gross general Revenues year-to-date of approximately $2,495.5 million have increased $126.7 million, or 5.35%, above the $2,368.8 million collected last fiscal year-to-date. Net General Revenue available for distribution this month if $385.9 million increased $5.1 million, or 1.34%, from the $380.8 million available for distribution in December, 2005.
The state's CFO transferred roughly $2.1 million from Corporate Income Tax to the Workforce 2000 Development Fund in accordance with Act 1315 of 1999 for a current total of roughly $12.1 million.
Bottom line is that we're 6.9% ahead of the adjusted net available for distribution above where we were in the previous fiscal year. This is basically in line with the cumulative deviation from DFA Net General Revenues available for distribution forecast.
In addition to the Revenue Report, Rep. Thyer says that we'll hear some specifics on Governor Beebe's proposed budget tomorrow morning. Joint Budget meets at 9:00am in t he morning in Rm. 171. You can read the agenda here.
posted by Steve Harrelson @ 1/16/2007 04:00:00 PM | Permalink |
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Bingo and Lotteries (Update)
In Texarkana, the Arkansas-side has the market cornered on booze and cigarettes. The Texas-side has bingo and the Texas Lottery, so you have remember what part of town you're in when you pick your poison in my town.
Times may be a'changin with the passage by the people of Referred Constitutional Amendment No. 1 in November, 2006. As soon as the legislature enacts enabling legislation, bingo will be a reality in Arkansas. I understand several fraternal organizations have already jumped the gun and are hosting games now. Lori and I went over to Texas a couple of weekends ago to play a couple of games -- lots of fun.
The position we must advocate is that the charities must be the beneficiaries of any bingo/raffles and not mega-casinos that are likely to be watching us over their shoulder during this process. I've been thrown in the middle of this issue primarily because of my proximity to legal bingo. We are currently studying the fiscal impact of legalized bingo, and several different interests are studying draft legislation now. We'll also have to determine the amount of payouts, the number and frequency of games allowed, and what agency/commission will be governing the bingo. Sen. Shane Broadway is helping usher in a consensus between several different groups over in the Senate on this issue.
Lt. Gov. Bill Halter is preparing the details of his lottery proposal to benefit education in Arkansas. I'm meeting with him in a couple of hours on this issue. This proposal is probably facing an uphill battle in the House State Agencies Committee, where it must be assigned.
There are pros (more $$ in the state's coffers) and cons (amounts to another tax on the poor/increased number of people addicted to gambling) to a lottery in Arkansas, but it's hard to take the moral high ground in Texarkana when a lottery is already legal in half our city. I'm looking forward to seeing a true fiscal impact study on how Halter's proposal will benefit public education.
Update: I had a good visit with Lt. Gov. Halter on his lottery proposal this afternoon. He laid out a very articulate plan, and he's convinced that an Arkansas Lottery will bring upwards of $100 million once it gets on its feet. The project will fund college scholarships and teacher salaries and won't go towards a bureaucratic black hole. Several other states similar to us in size, including Kansas and Iowa, are pulling in similar numbers. I'm a little worried about getting the necessary 11 votes in the House State Agencies Committee, and after a quick review, we may have 10. The bill must be filed by February 7th because of the quick deadlines on constitutional amendments, and its passage on both sides of the capitol would allow it to be voted upon by the people.
posted by Steve Harrelson @ 1/16/2007 12:19:00 PM | Permalink |
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Today's Calendar
is pretty short. We have three bills for consideration when the House convenes at 1:30 p.m., and they can be found here: Click me.
posted by Steve Harrelson @ 1/16/2007 10:39:00 AM | Permalink |
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Monday, January 15, 2007
HB1130 -- Codification of the Rule Against Perpetuities
I'm assisting the Commission on Uniform State Laws in an attempt to codify the Rule Against Perpetuities in Arkansas. You can find my bill by clicking here. I was approached on this matter by local lawyer Leroy Autrey as well as Phil Carroll (retired partner with the Rose Firm in Little Rock). Also helping has been my former professor Lynn Foster with the UALR Bowen School of Law.
The Rule Against Perpetuities is the principle that no clause in a conveyance, be it a deed or a will or whatever, is valid unless it vests within the life of someone currently living plus twenty-one years, measured from time of conveyance (date of sale, death of testator, etc.). If, under some circumstance, you might not be able to figure out who gets the property by that time, just strike it out as if it wasn't written. It is somewhat complicated, and most lawyers can't remember it a few days after the bar exam. I wish I had had this to carry into my final exam in Real Property:
posted by Steve Harrelson @ 1/15/2007 05:40:00 PM | Permalink |
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Centerpoint Energy Rate Increase?
I received this letter (click here for the letter -- the links on this blog aren't very conspicuous) from Centerpoint Arkansas notifying me that they have applied for a rate increase with the Arkansas Public Service Commission. It's a whopping 14.9% proposed increase per month, and I'll be sending questions today to learn more about this proposed increase. It appears that the basis for the request is increased costs for labor, materials, supplies, and other operating expenses.
This is tough news for consumers and the elderly. I'll keep you posted on what I learn.
posted by Steve Harrelson @ 1/15/2007 10:57:00 AM | Permalink |
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Celebrating 'The Dream' in Texarkana
As always, we had overflow crowds at the events celebrating the life and mission of Dr. King here in Texarkana. The breakfast on Saturday morning at the Iron Mountain neighborhood center was well attended, and Vickie Henry and the Sisters of the Gospel really roused the service. I was impressed with Pastor Warren Smith's message on the "Kingdom Mentality," and Mr. I. Donald Nelson summarized the entire program with our obligation for planning and performance of carrying out our mission. Special thanks to Pastor Anthony Ware, who did an outstanding job as always with the procedural blessing of the event.
On Sunday night, the 4th annual King Gala at the Texarkana Country Club was sold out (again). I'm very grateful for being selected to receive the MLK Acts of Kindness Leadership Award and really appreciate all the efforts of making the great tribute video. Barbara Pitts and Tendra Jones have done a great job building this event to the size it is today in just four short years (and Jam City Review has to be the best bluesman in the Ark-La-Tex). We miss Kenya but know she is enjoying life in Little Rock.
The Acts of Kindness project continues with the distribution of baskets to the needy and elderly on February 14th. If you're interested in helping, call Vickie Lacy (MLK coordinator), Tendra Jones, or Barbara Pitts at 870-779-4918. Thanks, ladies, for all your leadership on this project and for Texarkana.
posted by Steve Harrelson @ 1/15/2007 07:28:00 AM | Permalink |
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Sen. Steve Harrelson
District 11
Steve Harrelson represents Senate District 11 in southwest Arkansas.
District Office: 300 State Line Avenue Texarkana, Arkansas 71854 Post Office Box 40 (75504) (870) 773-VOTE or (870) 772-0300
Capitol Office: State Capitol, Rm. 149L Little Rock, Arkansas 72201 (501) 682-7771
