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.