First state to adjourn in 2007: Virginia
Their legislature adjourned Saturday but will convene on April 4 for a "clean-up" day. Utah adjourned sine die today.
HB2056: My appropriation to follow through with the expansion of newborn screening
Last session, I carried a bill that enacted additional newborn screening for approximately two dozen conditions that are not currently tested in Arkansas. It was signed into law, yet the Department of Health could not and cannot deliver without a "Tandem Mass Spectrometer" (see pictured). This machine, which costs $450,000.00, will be able to screen for these newly-tested conditions for all of the state's 38,000 births annually without any additional intrusive testing. There are, of course, additional funds required for this type of screening (a scientist, etc.), but the Dept. of Health believes that it will secure other funding necessary to implement this testing. HB2056 will provide the funding necessary for the spectrometer. Once we follow through with this important project, we'll be ranked alongside Wisconsin as the nation's leader in newborn screening.
Just a little fair warning
Governor appoints John Tyson to UA Board of Trustees
HBs 1362 and 1130
I was able to get these bills (dealing with perpetual transfers and beneficiary deeds) out of Senate Judiciary this morning, but while I was carrying them through that committee, I missed the vote on Lindsley Smith's FOIA bill ( HB1520). That bill failed by a vote of 8-9 (11 votes needed to get out of committee). I am a supporter of that one (I'm a co-spponsor). That's one problem with having several places to be at once -- it's hard to calculate when to be in what committee at a particular time.
Toyota plant announcement from Tennessee's perspective
Here's the angle from the Tennessan. An excerpt: Tennessee officials and industry observers believe Chattanooga may have been too far east — and too far from Toyota's other suppliers — to suit the Japanese automaker. These decisions are often guided by strategic business reasons," said J. Ed. Marston, vice president of marketing and communications for the Chattanooga Area Chamber of Commerce.
Toyota also passed up a site in Marion, Ark. Officials in that state said they were told that Toyota had concerns about air quality in the area, which lies about 10 miles west of Memphis. The area's ozone level exceeds that allowed under federal regulations. That could have made it more difficult for Toyota to obtain the permits it needed to open or to expand in the future. Arkansas officials dispute that their air is unclean but acknowledged that a December court ruling on the issue may have made Toyota nervous about coming to the state.
Toyota's reasons for locating in Tupelo were unclear. In a statement, Toyota mentioned only northern Mississippi's "educated, ethical and friendly" work force and cooperation among state and local officials as factors. Another possibility was labor costs. The Tupelo plant will be Toyota's fifth vehicle assembly plant in the United States, and as its presence has grown, the company has become increasingly concerned about holding down the cost of wages. Harley Shaiken, a professor specializing in labor issues at the University of California-Berkeley, doubted that factor alone would have tipped the scales toward Mississippi. "All of these locations have the potential to be low-wage states," he said.
Wednesday's House Calendar (Day 52)
7:30 a.m. -- Special Language JBC Subcommittee (Rm. 272) Agenda8:30 a.m. -- Own Bill/Own Amendment Calendar9:00a.m. -- Joint Budget Committee (Rm. 171) Agenda10:00 a.m. -- "B" Standing Committee MeetingsAgriculture, Forestry & Econ. Dev. (Rm. 138): Agenda City, County & Local Affairs (Rm. 428): AgendaState Agencies & Gov't. Affairs (Rm. 151): AgendaAging, Children & Youth/Military Affairs (Rm. 130): AgendaInsurance & Commerce (Rm. 149): Agenda12:00 p.m. -- House Rules Committee (Rm. 428) AgendaHouse Convenes at 1:30 p.m.Bills for ConsiderationFiscal Impact Statements for Wednesday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact statements for Wednesday legislation have been distributed yet (will update as necessary).
SB235 (District Ct. bill) receives recommendation from House Judiciary
The bill enacting a pilot program for full-time District Court judges ( SB235) received a Do Pass from the House Judiciary committee this morning after some valid points made by Rep. Pate on the issue of Public Defenders and how their program will be changed by city courts being assumed under the District Court system. Here is a previous analysis of this bill. I'll present it to the full House tomorrow (Wednesday). I am expecting some opposition, mainly on the issue of county-wide elections for district court judges. This concern seems to be primarily confined to Benton County at the moment.
Move over peppermints and butterflies,
I want to interject a quick discussion on the possessive spelling of our state. I've long smirked at some of the filings we have and have agreed that many of them suggest we may not have enough to do, and I may have made myself a target of this same circumstance -- and with a little flair. I must say that I brought this on myself. I filed a bill as a small and quick gesture to an old family friend from Old Washington (Parker Westbrook, who was my grandfather's first hire in his 1948 congressional office). As you may know, Parker has been on a crusade for decades on the correct spelling of the possessive form of the state and considers it to have significant historical value (Arkansas's rather than Arkansas' -- we've had this discussion on this blog before). He refers to an 1881 resolution that dealt with the correct spelling and pronunciation of the state. I've worked closely with him in Arkansas politics for 10 years or better, and after lots of discussion, I gave in and told him I'd file a resolution for him so long as it wouldn't take time away from my other bills, and then I could get on to more pressing matters. Lo and behold, I find out today after filing it that the state's largest newspaper doesn't adhere to Parker's beliefs! What is a man to do? I was hoping for a swift vote on a simple resolution, and it looks to have some significant opposition (and from others, including the Associated Press, only the world's largest news organization). I do have the Arkansas Times, Buzz Arnold, David Pryor, George Rose Smith, Vic Snyder, Dustin McDaniel and others on my side, but this is not a battle I'm prepared to wage right now with all the filings I'm trying to make. You know the old saying about what happens when you make your bed... Update: oof - this made the Raleigh-Durham paper.
St. James Day School 1st Graders tour Capitol
Here is the first grade class from St. James Day School of Texarkana.
Report from last night's Texarkana Razorback Club
Houston Nutt was the speaker for last night's fish fry. The report I received this morning is that an overflow crowd was in attendance, and Houston did accept questions (no dumb questions, well maybe one, says Greg Flanagan, but he didn't specify it). The biggest revelation was that Casey Dick is a great quarterback but we need to go recruit us another one next year. All the fans nodded in agreement then began mumbling at their tables about local Texas High star and self-professed Razorback fan turned Michigan signee Ryan Mallett.
Toyota chooses Tupelo over Marion
Roby Brock's Talk Business BizBlog has extensive coverage on Toyota's apparent decision to biuld its new plant in Tupelo, MS rather than Marion. He places emphasis on Mississippi's willingness to work for lower wages, which has been the knock against Toyota even before their decision to choose Tupelo over Marion. You can read other coverage from: John Brummett's blogStephens MediaRep. David Dunn, my roommate down here at Capitol Square and Chamber executive from nearby Forrest City, is upset at this third snub from Toyota. He thinks this was Marion's best shot after being passed over in favor of San Antonio and then Ontario. He's been giving telephone interviews from the apartment to local media back over in the Delta since sun up.
Desk remained open until 7:00pm, all appropriations filed
The deadline for filing appropriations has now passed. 657 bills were filed yesterday: 378 in the House and 279 in the Senate. The good thing about reading appropriations is that you're basically looking for 4 items on each bill: (1) the source of the funds [almost exclusively GIF from yesterday's filings], (2) the purpose of the appropriation, (3) where the funds are going, and (4) how much is being requested. Virtually all appropriations have an effective date of 7/1/07, which is the 1st day of the state's fiscal year. I think most legislators will be keeping an eye on bills that could be interpreted as "special and local" in light of Wilson v. Weiss.
A large number of these filings are not included in anyone's proposed balanced budget and won't be funded (even if authorized). Since the amount of funds that will be available is uncertain, there are normally more allocations designated by the General Improvement Distribution Law to be financed by the fund than money to pay for them (the 2005-2007 biennium is an exception). The difference between those allocations (the amount authorized to be funded) and the total of all the appropriations enacted from the fund is even wider.
The deadline for filing all bills is the 55th day of the session (falls on Saturday so is extended until next Monday, March 5), so we'll have one more wave of filing next Monday similar to yesterday. Many people don't realize that bills can be filed after these deadlines, but they must be approved for itnroduction by a two-thirds vote of the full membership of each House.
SB292 passes Senate, includes help for Fayetteville, Texarkana Events
Sen. Sue Madison carried SB292 through the Senate and received a unanimous supportive vote. It has now been referred to the House Transportation Committee. Existing law prohibits out of state auto and motorcycle dealers from exhibiting their stock in Arkansas without a dealer's license. This bill would relax this requirement for special events if the dealer meets certain requirmeents and would clarify the Arkansas Motor Vehicle Comission's ability to enter into reciprocity agreements with other states. This bill basically provides assistance for two Arkansas events: Bikes, Blues & BBQ in Fayetteville, and the Four State Fair & Rodeo in Texarkana, which is held on the Arkansas-side of town. Both of these events are heavily supported and financed by various dealers both in and out of state. Bikes, Blues, and BBQ has grown into a nationally-recognized event with an annual attendance of 350,000. As far as the Four States Fair, since all new car dealers in Texarkana are located on the Texas-side, existing law would eventually cause the Fair to be moved back over to the Texas-side where dealers could exhibit vehicles, causing a significant negative economic impact to our side of town during Fair week.
Tuesday's House Calendar (Day 51)
7:00a.m. -- Legislative Prayer Breakfast (Rm. 019) 8:00a.m. -- Personnel JBC Subcommittee (Rm. 151) Agenda8:30a.m. -- Own Bill/Own Amendment Calendar9:00a.m. -- Joint Budget Committee (Rm. 171) Agenda10:00a.m. -- "A" Standing Committee MeetingsEducation (Rm. 138): AgendaPublic Health (Rm. 130): AgendaPublic Transportation (Rm. 428): AgendaRevenue & Tax (Rm. 151): AgendaJudiciary (Rm. 149): AgendaHouse convenes at 1:30 p.m.Bills for ConsiderationFiscal Impact Statements for Tuesday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact studies were distributed as of Monday evening. I'll update as necessary. Upon adjournment -- Joint Retirement (Rm. 130) AgendaUpon adjournment -- House Advanced Communications and Technology (Rm. 151) Agenda3:00p.m. -- Joint Energy (Rm. 149) Agenda
White County taking over
Two of the three branches of our state government are headed up by White Countians: Governor Beebe and Chief Justice Hannah. I'm running a bill through House Judiciary today that is opposed by at least one member of the White County delegation: Rep. Mark Pate. HB235, in an effort to overhaul the District Court system, consolidates all city courts in the state with district courts. I offered an amendment to the bill today to extend the deadline for this consolidation from 2009 to 2012 based on an agreement that was struck over in the Senate. The Arkansas Municipal League, once opposed to the bill, is now taking a neutral position. One consideration given during the drafting of this bill was to make sure that the district court still holds court in each location where a city court was located. These efforts may ease Rep. Pate's concerns some, but I still anticipate that he may offer up one or more amendments to water the bill down considerably. I didn't realize this, but apparently both Governor Beebe and Chief Justice Hannah got their start -- or at least both served -- as a judge in the city court system. White County has more city courts in the state than any other county. Chief Justice Hannah is a supporter of the Bill.
Public School funding bills pass House
HB1362 and HB1633 both passed out of the House today by votes of 99-0 each (Rep. David Rainey of Dumas was absent today to be home with storm victims).
Greenberg/Harrelson Redux
For the third time in a week, Rep. Dan Greenberg and I will serve on a forum together to discuss legislative issues tomorrow at the UALR Bowen School of Law at lunch. I'm almost to a point where I could make campaign appearances for him and act as a surrogate speaker on his behalf. Our appearance on the Pat Lynch show this morning was interesting ( click here for the audio), and if we disagreed just a little more, we could go on the road with a sort of "Arkansas-style" Crossfire.
Fast and furious
Today marks the deadline for filing appropriation bills in the legislature. Even in the wake of Wilson v. Weiss, there'll be a ton of filings today dealing with agencies and proposals that have a statewide impact. Here are a couple of links to watch throughout the day: Bills filed today
Activity in the last 60 minutes
My entry into the "Party with Picasso" art project
The Texarkana Regional Arts and Humanities Council "Party with Picasso" event put on by the Women for the Arts will be held on March 17th. I have three more days to put the finishing touches on my project and turn it in, which is a mosaic-tiled Arkansas flag table. We still have to add the glaze to the tile and have glass cut to fit the top, but other than that, it is ready for the auction. I escaped major injury but did learn a few lessons the hard way on how to cut tile properly. I won't be pursuing an art career anytime soon, but this was a heck of a lot of fun. Here's a pic:
Monday's House Calendar (Day 50)
8:30 a.m. -- Own Bill/Own Amendment Calendar10:00 a.m. -- Joint Public Retirement/Social Security Programs Committee (Rm. 130) AgendaHouse Convenes at 1:30 p.m.Bills for ConsiderationHouse Budget CalendarFiscal Impact Statements for Monday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact statements were distributed Friday. I'll update as necessary. Upon adjournment -- Joint Budget Committee (Rm. 171) Agenda
Rep. Greenberg to join me on Super Talk Arkansas in the morning
For the second time in a week, Rep. Dan Greenberg (R-Little Rock) and I will take questions and give a legislative update together. We'll be in the studio with Pat Lynch on the Super Talk Arkansas Network beginning at 9:00a.m. Monday. Click the logo to be directed to the station's site, where you can listen live.
Lawyer-Legislators
The UALR Bowen School of Law has added an article to its website recognizing seven of its alums who are serving in the legislature. As these members can personally tell you, being a lawyer is a double-edged sword when carrying bills through the legislature! The other lawyers serving in the legislature are:Rep. Will Bond (Vandy, B.A., 1992, University of Arkansas, J.D., 1995) Rep. Earnest Brown (University of Arkansas, B.S., 1991, J.D., 1994) Rep. Aaron Burkes (Baylor) Rep. Stephanie Flowers (Thurgood Marshall School of Law at Texas Southern University) Rep. Robert Jeffrey (University of Arkansas) Rep. David Johnson (Georgetown Univ., A.B., 1991, University of Arkansas, J.D., 1997) Rep. Mark Pate (University of Arkansas) Rep. Lindsley Smith (University of Arkansas, B.A., M.A., J.D., taught at Yale, Oxford) Rep. Chris Thyer (Arkansas State, University of Arkansas) Sen. Jim Luker (University of Arkansas) Sen. Robert Thompson (Hendrix College, B.A., 1993, University of Arkansas, J.D., 1997, ranked first in his class) Sen. Shawn Womack (University of Arkansas)
"If he had to open a restaurant now he’d do it on the Texas-side"
Four States Area Cystic Fibrosis Benefit Coon Hunt
Just got back from the bench dog show in Atlanta, and I'm always surprised at the number of Arkansans at these events 30 miles deep into Texas. Dexter Whatley, the ringleader of the Texarkana CF chapter, was on hand to direct the show. The coon hunt begins in a few hours.
Here are a few thoughts to go with the pictures: CF occurs in one of every 3,500 live births. More than 80% of patients are diagnosed by age three. Early detection (through newborn screening, of course!) leads to nutritional and cognitive benefits, and researchers believe that the testing of newborns and this early critical treatment may eventually help seek a cure for this condition. The life expectancy of those with CF is now up to the 30-40 year range -- much higher than it was just 30 years ago.
Governors convene in DC for winter meeting
The Winter meeting of the National Governors Association begins today and culminates with a meeting at the White House on Monday. This gives Lt. Gov. Bill Halter his first opportunity as acting governor while Beebe is out of the state. Heading the NGA agenda will be discussions of health care issues. As it pertains to Arkansas, our state legislators are hopful that we receive some good news soon on S-CHIP (State Children’s Health Insurance Program) from the federal government soon, and this will be high on the list of issues discussed this weekend. We recently passed a resolution in Arkansas concerning the reauthorization of S-CHIP (SCR4 - read it here). This is one area where the president and Congress are clearly divided. S-CHIP, which provides subsidized health insurance to families who earn too much to qualify for Medicaid, technically expires this fall but could run out of money as early as this spring for some dozen states if Congress doesn’t step in. While the president has proposed adding $5 billion to the program, various analysts say states need up to $16 billion more just to keep covering the same number of families. The president also wants to freeze enrollment of adults in S-CHIP, another concern for some governors who want to expand health insurance coverage in their states. You can listen to Governor Beebe's Friday radio address on heart health and AHEC health care here. Also high on many governors’ lists: use of the National Guard in Iraq, the federal No Child Left Behind education law and a sweeping new mandate to revamp drivers’ licenses.
Louisiana Governor's race heating up
As is the case with everything else, Louisiana is a little different when it comes to politics. Not only do they hold their state elections in odd years, the elections are free-for-alls: the top two vote getters (without a majority) head to a runoff, which may include two candidates from the same party. This year's governor's race will be centered around Hurricanes Katrina and Rita (and the government's efforts associated with the aftermath of the storms). From centerforpolitics.org: Fair or not, [Gov. Kathleen Babineaux-Blanco] was seen as ineffective in the storm's aftermath, compared to Governor Barbour in the Magnolia State. Blanco and Mayor Ray Nagin of New Orleans received as much blame locally as President Bush and his incompetent Federal Emergency Management Agency. So far Blanco has been unable to recover, and she is seen as a clear underdog for a second term. Her foremost opponent is her 2003 GOP foe, Congressman Bobby Jindal, who lost last time mainly because of racial voting in the conservative white precincts of northern Louisiana. (Jindal would have been the first Indian-American Governor in U.S. history.) This time he is seen as a strong favorite over Blanco if she makes it into the general election.
The unique free-for-all Bayou State primary on October 20th will produce two top finishers, should no one secure a majority (both can be Democrats, both can be Republicans), with the run-off general election on November 17th. Should a weakened Blanco run in third place, for example, Jindal would have to face an unknown November opponent who could--could--be a more difficult hurdle than the incumbent Governor. As of yet, it is unclear who the other candidates will be, but in this state's wild politics, anything can happen. A second Republican, State Sen. Walter Boasso, has already announced, but Jindal has the vast majority of the GOP on his side. Democratic Public service Commissioner Foster Campbell is another likely candidate. The scenario being most widely discussed now is a surprise: Blanco could step aside, and popular former U.S. Senator John Breaux (D) would take Blanco's place in the race. (Breaux and Blanco have been allies, and Breaux has recently raised some money for her reelection.)
Little Rock School District desegregation ruling handed down today (Updated)
LRSD has been declared unitary today. NLRSD and Pulaski County Special are still in the suit. Here's the significance of this: the settlement agreement was reached in this case in 1989, and over $700 million has been spent on it. Here's the Order from Judge Bill Wilson, courtesy of Rep. Jeff Wood, who just e-mailed it to me. As always, Judge Wilson has issued an opinion that is a pleasure to read (and as only he can dictate). Note the conclusion on p. 49. I'm looking for the portion of the state budget dealing with this case. I'll post it in a bit.Update: I found the desegregation lawsuit portion of the FY2007 state budget. You can read it here (footnote 22 on page 13). The state spent $60,388,078 on this case in the last year.
Week 7 Legislative Summary
We are now 47 days into the 86th General Assembly. School funding and appropriations from the state General Improvement Fund were the hot topics this week. As you know, the legislature is obligated to "fund education first," and there has been some frustration among the membership that we didn't fund public schools prior to passing a record $319 million tax cut. One of the contentions in the Lake View case is that the legislature merely used available funds for education rather than following its constitutional obligation to fund education first. Regardless, I believe the legislature acted prudently in considering several issues as to education funding, including the fact that litigation on school funding is currently pending with the Arkansas Supreme Court. Since the Court ruled in 2002 that the public school system was inadequate, inequitable and unconstitutional, the legislature has approved a series of reform bills to make schools more efficient and accountable and has appropriated more than a half a billion dollars in new money for kindergarten through the 12th grade. We want to get this right this time and end the long running litigation, and I believe the proposals filed as to educational funding this session will do just that. There have been 1,389 bills filed to date: 888 in the House and 501 in the Senate. The sharp increase in filings this week is due to Monday's deadline for filing appropriation legislation. Among them were HB1632 and HB1633, the two funding bills for public schools for this biennium. You can read my thoughts on these bills here. My only concern is the amount of funds appropriated in HB1632 (specifically the unfunded mandate in subsection (h) of that bill). However, HB1633 contains a significant increase in the foundation, and the "enhanced educational funding" contained in it goes above and beyond the requirement of "adequacy." These bills have already received the recommendation of the House Education Committee, and they will be voted on by the full House on Monday. In other legislation this week, the House: (1) Approved Senate Bill 16 to prohibit former legislators from registering as lobbyists in the state within one year of the end of their legislative term. The bill goes back to the Senate for concurrence in a House amendment to make the prohibition apply to current lawmakers when their terms end. Prior to the House amendment, it only applied to 1st and 2nd term legislators. I supported this bill and the amendment, and it passed by a vote of 63-26. The House vote can be found here: (2) Approved House Bill 1509 to establish instant runoff voting for all overseas voters – not just those in the military, as current law now provides. It has been impossible for overseas voters to cast a runoff vote because there’s such a short time, usually three weeks, between the regular election and runoff. Under instant runoffs, a voter returns his or her regular ballot as well as a possible runoff ballot in which the voter’s preferences are numbered. Five candidates in one race, for example, would be marked 1-through-5, to show the voter’s preference in case of a runoff. I have filed legislation to address several of the election concerns that took place in 2006, mainly because Arkansas has the shortest window in the nation between an election and the start of the early voting period for runoffs. I am currently working with the Secretary of State's office on this bill. You can read more about my bill here. (3) Approved HB 1070 by Rep. Gregg Reep (D-Warren) to allow water systems in the state to charge their customers another 5-cents per month – from 25 cents to 30 cents -- to pay for mandatory water-quality tests currently administered by the Department of Health. The fee hasn’t been raised since 1993, yet costs to the health department and the water systems have increased. I voted against this bill on the basis that this is not needed in Texarkana. As is the case with many local issues, our border city water system serves two states, and this Act is unnecessary for us. It passed by a vote of 52-36, and the House vote can be found here: (4) Approved HB 1437 by Rep. Gene Shelby (D-Hot Springs) to streamline state laws regarding the work of coroners. One part of the bill requires all coroners to investigate all deaths of persons under age 18 and to issue a preliminary report on those deaths within five days. With one in four infant deaths, according to the latest figures available, Arkansas has one of the nation’s highest infant-mortality rates and one of the highest death rates for those under 18. Few of those deaths are investigated. (5) Approved HB 1490 to provide for the Internet broadcast of Senate and House proceedings while in session. The proceedings in the House are currently televised via cable to much of the state, but Senate proceedings aren’t. Only four other states besides Arkansas lack an Internet broadcast of proceedings. After Friday's voting calenday, the House met in groups to discuss the state budget surplus and the General Improvement Fund. The legislature is constitutionally forbidden from passing "local and special" legislation pursuant to Amendment 14 of the Arkansas Constitution, and legislators have long used GIF for local projects. House leadership has developed a plan to address the GIF through increased turnbacks to cities and counties, and you can read more about that here. As always, don't hesitate to call or e-mail if I can be of service.
Judicial bills making some headway
The House concurred in a Senate amendment today to grant five new circuit judge positions across the state. That bill ( HB1400 filed by Robbie Wills) is headed to the Governor. The courtroom security bill ( SB89) passed through the Senate yesterday with 34 'yea' votes, and I'll be handling it in the House. Even though it got through the Senate with no 'no' votes cast, we're headed for a showdown on the bill that overhauls the District court system in Arkansas ( SB235). Rep. Mark Pate (D-Bald Knob) is unhappy with the bill on the basis that it consolidates city courts with district courts and on the belief that he thinks it to be the first step in removing all city court locations in the state. I intend to try and work with him on the bill, partly because he's Vice Chair of the House Judiciary Committee and carries a big stick, and partly because I served on the interim task force that developed this bill and have made it a central part of my legislative package this session. You can read more about this bill here. SB89 and SB235 will be on Tuesday's House Judiciary agenda.
"Hogzilla" a thing of the past?
Hogzilla, the name given by Max Brantley to the portion of the General Improvement Fund designated for individual legislators, looks like it has effectively come to an end in the legislature, at least the way it has operated in the past. This does not mean that attempts to fund local projects with state fingerprints have ended. The initial proposal this session included the enactment of a commission to dole out funds, but the Senate ended that idea yesterday before adjourning for the weekend. Because the deadline for filing appropriation legislation is Monday (by House rule), the House has scrambled to develop a fall-back plan for GIF. The proposal is as follows:1) Increase the turnback funds for cities and counties and put the obligation on those entities to fund projects in the area if they so choose. We may be prohibited from passing local and special projects, but once funds are appropriated to local governments, they are free to use the funds however they choose. The idea of some is that legislators can continue to have input and direction with those governments in determining what projects are to be funded, but that is still contrary to the purpose of increasing turnbacks and to put an end to local legislation (plus, much of the criticism comes from the legislator's ability to prefer some projects over others -- it's strictly a political deal, many say). Plus, local governments, of course, can use their turnback funds however they choose (well, you know the limits). Increasing turnback funds is the only true way to send money to local districts and avoid the problems associated with Amendment 14 of the state constitution.
2) Because a very large portion of GIF is directed to rural fire departments and senior citizen centers, there will be legislation proposed before Monday to supplement Act 833 (for the RFDs) and to increase funds to another entity (perhaps ADED) to assist those organizations. This still puts some organizations in a predicament (including some colleges and universities that are used to receiving legislative-side GIF, and other civic clubs like the Boy Scouts, etc.), but it appears as though those appropriations would still be okay under the statewide impact theory or the increased turnback funds to those areas. Will it work? I have no idea, but it sounds like a pretty good plan for the GIF advocates. The House will not be extending the deadline to file appropriation bills, so it may be the only plan we have this session.
HB1703: state-based plan to elect the President by popular vote
I hinted earlier this week that a draft was circulating that would attempt to circumvent the electoral college process by pooling enough states together (270 electoral votes) to effectively elect the President by popular vote. That bill was filed yesterday by Monty Davenport ( click here to read the bill). Who's for it? Davenport has distributed a promotional book to House members showing support from the New York Times, Chicago Sun-Times, and the Minneapolis Star Tribune, among others. I note that the book was published by the "National Popular Vote Press," and it includes commentary from all over the political spectrum. It's 600+ pages, so I won't be able to read all of it (Monty, send me the Cliff Notes). I looked up the Arkansas references in the index, and the book makes remark of our Wallace vote in '68 (the same year -- as has been well publicized -- that we elected a Republican Governor and Democratic Senator). It also notes that Arkansas's implementation of the 17th Amendment (to elect U.S. Senators by popular vote) was done by citizen-initiative petition (1938) and is in the state constitution, unlike other states (mainly statutory enactments). Even if it's an idea that the People would like to implement, I'm not sure I like this back-door way of doing it. I'm also generally skeptical of changing 200+ year old systems, but it's admittedly hard to say that since I've filed a bill this sesison to codify the Rule Against Perpetuities, a 400 year old common law doctrine. I haven't had the opportunity to read the bill in detail yet, and I'm anxious to find out what happens to this compact in the likely event enough states do not join. Are we still required to cast our votes to the popular vote winner?
Pike County receiving statewide (and soon to be national) attention
The Collins family of Murfreesboro is the most recent recipient of a new home courtesy of the popular ABC show ‘Extreme Makeover: Home Edition.’ They began work yesterday, and as is the routine, they already have the foundation poured and, as of this morning, are working furiously to get the house in the dry before it begins raining. I'm partial to this area of the state -- my family's roots are in Pike County, and I'm a property owner there as well (plus they have a tradition of sending great legislators to the Capitol). I challenge anyone (other than the view of Whitaker Point in Newton County) to show me an Arkansas view better than the view looking north onto Lake Greeson from Beacon Hill. Here are a couple of stories from the Murfreesboro Diamond: Collins family will receive new home by MondayEarly morning wake-up brings good news
Friday's House Calendar (Day 47)
8:15 a.m. -- Radio show to discuss agenda of House Democrats -- Super Talk Arkansas Network8:30 a.m. -- Own Bill/Own Amendment Calendar9:00 a.m. -- "B" Standing Committee MeetingsAgriculture, Forestry & Econ. Dev. (Rm. 138): AgendaCity, County & Local Affairs (Rm. 428): AgendaState Agencies & Gov't. Affairs (Rm. 151): AgendaAging, Children & Youth/Military Affairs (Rm. 130): Agenda Insurance & Commerce (Rm. 149): AgendaHouse Convenes at 10:00 a.m.Bills for ConsiderationHouse Budget CalendarFiscal Impact Statements for Friday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact studies have been distributed for Friday's legislation. Will update as necessary.
Report from the Supreme Court Building
I was unable to attend the hearing in the Lake View case this afternoon -- it started at the same time the House convened for votes. Roby Brock has a report here. Dustin's quote sums up my position: “[W]e need to stop arguing about dollar amounts and start arguing about the process [of funding education]. Because in the long-term, the process will endure.”
Education bills receive recommendation of House committee
HB1632 and HB1633 both passed out of House Education this morning (no surprise, since the entire committee sponsored the legislation). Both bills will be voted upon by the full House tomorrow morning. Here are my thoughts on the bills.
State flags flying at half-staff today
In honor of Staff Sgt. Alan Shaw, 31, of Little Rock. Shaw was killed along with two other soldiers in Iraq Friday.
Thursday's House Calendar (Day 46)
8:00 a.m. -- Personnel JBC Subcommittee (Rm. 151) Agenda8:30 a.m. -- Own Bill/Own Amendment Calendar9:00 a.m. -- Joint Budget Committee (Rm. 171) Agenda Unavailable 10:00 a.m. -- "A" Standing Committee MeetingsEducation (Rm. 138): AgendaPublic Health (Rm. 130): AgendaPublic Transportation (Rm. 428): AgendaRevenue & Tax (Rm. 151): AgendaJudiciary (Rm. 149): Agenda1:30 Lake View hearing with Masters at the Arkansas Supreme CourtHouse convenes at 1:30 p.m.Bills for ConsiderationHouse Budget CalendarFiscal Impact Statements for Thursday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact studies have been distributed for Thursday's calendar. Will update as necessary.
Governor to sign property tax relief bill into law at 2:00p.m.
Governor Beebe will be signing HB1030, the property tax relief/homestead credit bill, today at 2 p.m. in the Governor's conference room on the 2nd floor (north end) of the Capitol. The bill increases the homestead credit from $300 to $350 effective with the 2007 assessment year.
Today's House Calendar (Day 45)
7:30 a.m. -- Special Language JBC Subcommittee (Rm. 272) Agenda8:00 a.m. -- Democratic Caucus (AAC Bldg.) -- Speaker is Sen. Blanche Lincoln 8:30 a.m. -- Own Bill/Own Amendment Calendar9:00a.m. -- Joint Budget Committee (Rm. 171) Agenda10:00 a.m. -- "B" Standing Committee MeetingsAgriculture, Forestry & Econ. Dev. (Rm. 138): Agenda (no meeting) City, County & Local Affairs (Rm. 428): AgendaState Agencies & Gov't. Affairs (Rm. 151): AgendaAging, Children & Youth/Military Affairs (Rm. 130): AgendaInsurance & Commerce (Rm. 149): Agenda12:00 p.m. -- House Rules Committee (Rm. 428) AgendaHouse Convenes at 1:30 p.m.Bills for ConsiderationHouse Budget CalendarFiscal Impact Statements for Wednesday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact statements for Wednesday legislation have been distributed yet (will update as necessary). I have bills on the calendar today in House State Agencies (HB1532), House City, County & Local Affairs (HB1531), House Insurance and Commerce (SB22, SB23, SB24, SB25), and Senate Judiciary (HB1130, HB1362, SB235).
How "adequate" is defined in Arkansas: $5,770 per pupil
HB1632 and HB1633 were filed today, which propose educational funding for the next biennium. Is either enough? Page 16 of the Act 57 recommendation says both are, but as I stated last night, I'm skeptical of the modest increases included in HB1632, but HB1633 looks to be much better. The foundation proposal in HB1632 includes a $28 increase from $5,662 to $5,690 (or about 0.5%). The foundation would increase to $5,760 in the 2008-09 fiscal year. HB1633 is much better and increases the foundation to $5,719 in 2007-08 (and to $5,789 in 2008-09). It also grants additional funds taking the average daily membership into account and calls these additional funds "enhanced educational funding." These funds basically amount to $51 for the first year ($87 for the second year) of the biennium. Other than the amount appropriated for foundation, HB1632 does consider the tax collection rate, which has been a sticking point with the school districts. The legislation does address declining enrollment funding and categorical funding amounts -- as stated previously, it is my belief that the legislature could get away with a modest increase in the foundation if the categorical funding (especially NSLA) included a more generous increase. Also, upon the first reading of HB1632 (if I'm reading it right), it mandates that at least $27 of the $28 increase in foundation be allocated to the payment of insurance premiums on a policy of property insurance covering buildings (and contents). Conclusion: We must pass HB1633 in conjunction with HB1632. Section (h) of HB1632 is an unfunded mandate, unless we're calling that bill a $1 increase in per pupil foundation funding. I'd like to see higher numbers associated with the NSLA proposals (see p. 5, lines 18-34 of HB1632), but overall, I'd call it adequate, so long as HB1633 is signed into law.
Bill filed to remove the minimum wage hike for wait staff
As anticipated, SB361 was filed a few minutes ago over in the Senate. If signed into law, it would revert the minimum hourly pay for "tip wage earners" to $2.13 from the current law of $2.65. I am against reversing the successful efforts to implement this measure during the 2006 special session. If memory serves, an agreement was struck last year that in effect kept the advocates of this measure from seeking to propose a constitutional amendment, which would be much more difficult to roll back than merely repealing a statute. In exchange, opponents of the measure did not vocally oppose the increase of the state's minimum wage to $6.25/hr (and the $2.65/hr wage for wait staff).
Press conference at 11:30 today to outline final report from committee
Sen. Lincoln to address House Democrats
The Arkansas House Democratic Caucus has moved its weekly meeting to Wednesday morning this week to accommodate the schedule of Sen. Blanche Lincoln, who is in the state this week to discuss issues of education, particularly the No Child Left Behind Act and teacher quality. The meeting will be held at 8:00 a.m. on Wednesday at the Association of Arkansas Counties building at the corner of West 3rd and Victory in downtown Little Rock.
Tuesday's House Calendar (Day 44)
7:00a.m. -- Legislative Prayer Breakfast (Rm. 019) 8:00a.m. -- Personnel JBC Subcommittee (Rm. 151) Agenda8:30a.m. -- Own Bill/Own Amendment Calendar9:00a.m. -- Joint Budget Committee (Rm. 171) Agenda10:00a.m. -- "A" Standing Committee MeetingsEducation (Rm. 138): AgendaPublic Health (Rm. 130): AgendaPublic Transportation (Rm. 428): AgendaRevenue & Tax (Rm. 151): AgendaJudiciary (Rm. 149): AgendaHouse convenes at 1:30 p.m.Bills for ConsiderationFiscal Impact Statements for Tuesday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact studies were distributed as of Monday evening. I'll update as necessary. Upon adjournment -- Joint Retirement (Rm. 130) Agenda
Taping "Unconventional Wisdom" with Rep. Greenberg in the morning
My initial thoughts on educational funding
1. We must go above and beyond this figure of $28 per student on foundation funding that is being floated out there. Even though the recommendation includes a sharp increase in the second year of the biennium, I don't think $28 shows much of an effort. According to my little calculator on my laptop here, that is an increase of about 0.5%. The governor is apparently going to have a recommendation well above this figure, although initial reports don't clarify whether this recommendation is to be distributed to the foundation or to other categorical funding (this morning's quote merely said the additional funds would go towards "school districts and students with special needs"). I do like his attitude that we need to move past this target of "adequacy" and shoot for excellence in schools, and appropriating additional money to the foundation would be a good start. How these additional funds could be used for the benefit of classroom education is well documented. 2. We must Increase categorical funding with an emphasis on NSLA funds. Short of a complete overhaul of moving away from funding our schools on the backs of wildly disparate property values from one end of the state to the other, this is the most efficient way of closing the gap on funding between districts in need. This would also probably be the most contentious issue considered this session. 3. We should go above and beyond the committee's recommendation of $250 million (to be transferred from the revenue surplus) for one-time facilities' needs, even if it cuts into the proposed "rainy day" fund many legislators are advocating. This should be adequate considering the transfers made from the Educational Facilities Partnership Fund in the 2006 Special Session (Act 20). As a matter of fact, Act 20 of the 2006 special session could be and should be referenced as a benchmark for this session's funding. Again, these points should be incorporated into a definition of "adequacy" to give the Court a standard by which to judge the legislature's efforts and constitutional obligations. If we were able to accomplish these three things, I'd feel very confident that we would have done a great service for the children of this state this legislative session, and that the Lake View case would be closed for good. To put his in perspective and to clear up a misconception as far as Texarkana goes, here is a comparison of total per-pupil revenue/spending for Arkansas vs. Texas (2005 figures): Arkansas: $8,902 ( source) Texas: $7,142 ( source) Keep in mind that Texas has about 4.3 million children in its public school system, which is almost double our state's entire population. Regardless, hopefully this funding statistic will eventually translate into higher student performance and a change the perception of educational reputation between the school districts in town.
Joint Lake View report to the Masters
is online -- read it here. Contentions (since the 12/15/05 Opinion [2006 special session]):1. Education needs were not funded first -- funding was based on available funds; 2. Facilities' funding was insufficient; 3. Foundation funding was not based on local tax collection rates; 4. Categorical funding was not increased; 5. Adequacy study did provide a cost of living adjustment;6. Appropriations for declining enrollment districts were compliant;7. Teacher salary disparity was adequately addressed;8. Actions were mandated in 2006 for which there was no funding; 9. Health insurance is no longer an issue;10. Bonded indebtedness is no longer at issue; and 11. The districts seriously question the "recalibrated matrix." Reflecting on the initial weeks of this still early session, no. 1 concerns me a little bit. Still, I recognize the obligation to fund education first, but it becomes problematic if it gets to a point when we're acting unconstitutionally if the first bill filed and considered is not educational funding, especially when it is prudent to gather information on pending litigation, as is the case this session. Hopefully, the strikethroughs have been laid to rest (so long as we continue the steps we've taken to address these particular issues). At least this joint report gives legislators an idea of concerns among the petitioners as we move forward this legislative session. A joint conference will be held on Thursday at 1:30 at the Supreme Court building.
Radio broadcast link from this morning's show
Click here to listen. Here are links to popular audio players for you to download if necessary: Apple QuickTime -- Windows Media Player -- RealPlayer
Manipulating the Electoral College
A bill is circulating in draft form that would revise the way we elect the President in Arkansas. This proposal, which is apparently floating around several state capitols around the country, would establish an agreement among the joining states to elect the President by national popular vote.
It doesn't propose to change the U.S. Constitution -- it is merely hopeful that enough states would join the agreement to pool 270 electoral votes. Each member state would agree to cast its electoral votes with the candidate who receives the most number of votes nationwide. If signed into law, this agreement would be codified in the Election Code.
21st Annual Coon Hunt for CF this weekend
The 21st Annual Coon Hunt benefitting Cystic Fibrosis Research will be held this Saturday in Atlanta, Texas. Here's the lineup (beginning at the Cass Co. Livestock Expo bldg. on Hwy. 59): 2:00 p.m.: Bench Dog Show
2:30:p.m.: Fish Fry
7:00p.m.: Coon Hunt As you know, I'm involved in the expansion of newborn screening for Arkansas births, and this expansion does include testing for CF. Early detection can help with treatments and may help with researching a cure. We have an active CF chapter in Texarkana, and it serves both states. To learn more about CF, click here.
Free income tax service for low to middle income earners
This service, provided by AARP, is available in Texarkana until April 15, 2007 (from 9:00a.m. - 1:00p.m. on the days listed below). Mondays at IRON MOUNTAIN CENTER,1101 Couch Street (Ark.-side); Tuesdays at ARK-LA-TEX HEALTH NETWORK, 1406 College Drive (Tex.-side); Wednesdays at SOUTHWEST CENTER, 3222 W. 7th Street (Tex.-side); and Thursdays at CENTRAL CHRISTIAN CHURCH COMMUNITY CENTER, 903 Walnut Street (Tex.-side).
Focusing on Education
Rob Moritz just posted an article on the Springdale Morning News site an hour ago outlining conversations he had with Rep. Mike Kenney (R-Siloam Springs), Chairman of the House Education Committee, and Speaker Petrus over the weekend. As stated in the article, it looks like we'll begin seeing filings and recommendations this week on specific educational funding numbers, including: (1) foundation funding on a per pupil basis; (2) categorical funding and figures; (3) facilities' funding and its source (revenue surplus); and (4) expansion of pre-kindergarten funding.
House Democrats have made all of these a part of the caucus legislative package, and we're anxious to see if we can incorporate Governor Beebe's additional $19 million recommendation over and above the Adequacy Committee's recommendation (I think a mere $28 increase per student in the first year of the next biennium would be a mistake). This would be a good start to getting us out of Lake View (taking into consideration the $132 million we appropriated in the 2006 special session). It would do the legislature some good if the 19-page report of the attorneys involved in Lake View were to be distributed among the membership.
Coach checks out after 50 years
Arkansas will never see another Frank Broyles. Even when the media and fan base were all over him (over Hatfield, Holtz, you name it), he had a defender in my Dad. I truly think that had he never stepped foot on campus, Arkansas athletics would be on the same level as Southern Miss, TCU, or Kansas. He was a fundraiser and an empire builder. He made great hires but was quick with the trigger (or meddler, depending on your view) in his prime. His Georgian drawl made him the best color commentator ABC had in the '80s.
When I was student body president at the UofA, Broyles talked me into letting students into the Tennessee game free of charge (it was Homecoming, and we were en route to our first SEC West title since joining the league). I thought I'd never hear the end of it from the students who'd already paid for tickets (and the student newspaper, which complained about the lack of space, but the maneuver did work). It was probably a blunder on my part, but Broyles tried to cover for me, and I'll never forget that. That picture above was from the 1995 bowl game in Miami. Here's another one from that same weekend -- now this is a collection of Razorback knowledge.
HB1531: Attracting retirees to the Natural State
I filed HB1531 on Friday after planning and discussing it with local officials in Texarkana in an effort to enhance retired living in Arkansas. This bill is patterned after a similar program in Texas that has helped communities like Tyler attract new residents and new economic development. Tyler was qualified as the first Certified Retirement Community in the state of Texas and has been outspoken in its support of the program. Arkansas has long been considered a prime retirement destination for those seeking a home with four true seasons (with an emphasis on Summer!). Here's how it works: (1) The legislation creates the Arkansas Retirement Community Program to be maintained under the purview of the Arkansas Department of Economic Development; (2) The program's main focus is to promote and encourage tourism and retired living in Arkansas communities that have met the criteria for certification; (3) To be eligible for certification, each community must complete a retiree desirability assessment, to include facts regarding the following: (i) crime statistics; (ii) tax information; (iii) recreational opportunities; (iv) housing availability; (v) climate; (vi) working opportunities; (vii) healthcare services; (viii) transportation; (ix) continuing education; (x) leisure living; (xi) performing arts; (xii) festivals and events; (xiii) sports at all levels; and (xiv) other services and facilities that are necessary to enable persons to age in the least restrictive environment. Once approved, ADED will work in conjunction with the cities in the training of local staff and volunteers and help with ongoing oversight with marketing. The legislation requires recertification every five years. An application fee paid by the applicant city will fund this program through the creation of a fund maintained under the General Revenue Fund Account of the State Apportionment Fund.
Monday's House Calendar
The House will be in business on President's Day.8:30 a.m. -- Own Bill/Own Amendment Calendar9:00 a.m. -- I'll join Pat Lynch on his show broadcasted over the Super Talk Arkansas Network (click to listen online & scroll midway down to 'Launch Player') 10:00 a.m. -- Joint Public Retirement/Social Security Programs Committee (Rm. 130) AgendaHouse Convenes at 1:30 p.m.Bills for ConsiderationHouse Budget CalendarFiscal Impact Statements for Monday's voting calendar: (Pursuant to Rule 36 of the Rules of the House of Representatives, a fiscal impact statement must accompany legislation that imposes new or additional costs on municipalities, counties, education, or additional funding or restrictions on the Department of Corrections) No fiscal impact statements were distributed Friday. I'll update as necessary.
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