Week 10 Legislative Summary

We are now 68 days into the 86th General Assembly, and unless HCR1018 is extended, the session will end in t wo weeks with a sine die date of April 27 to consider vetoes, to correct errors or oversights, or to consider proposed constitutional amendments.

This week, the House State Agencies committee referred a five-bill package of proposed constitutional amendments to the joint committee to determine which resolutions (up to three) will be put to a vote of the full legislature. Any resolutions approved by the legislature will be referred to the people in the 2008 general election. The House proposed amendments referred to the joint committee include proposals to abolish the office of constable, to have annual legislative sessions, to create a state lottery, to require 75% for a tax increase on sales tax, and a prohibition of gifts to legislators (but it's packaged with a extension of term limits). These five proposals will join the Senate's three recommendations of a constitutional right to hunt/fish (opposed by the Game & Fish), another proposal on annual sessions, and a measure to clean up obsolete language. The initial consensus is that no one is excited about any of the proposals, and it may be an uphill battle to have any of these referred to the people. The joint committee (I'm a member) will meet next Wednesday.

Also this week, we passed HB2384, a comprehensive ethics package sponsored by Speaker Petrus. This bill does several things, including (1) lowering the maximum campaign contribution from $2,000 to $1,000; (2) allowing a candidate to contribute up to $250 in campaign funds to another candidate’s campaign; and (3) prohibiting a candidate from knowingly accepting campaign contributions from two or more businesses that have the same majority owner. It also Prohibits state employees or members of their immediate families from having a financial interest in a contract with the state and requires a state employee who does benefit from a state contract to report that benefit to the Arkansas Ethics Commission. The bill also requires lobbyists to disclose all gifts to public servants or on behalf of a public servant -- this drops the gift threshold from $40. Also, public servants would not be able to accept gifts or compensation aside from income and benefits.

Also during the week, the House approved HB2950 by Rep. Robbie Wills (D-Conway), to ask voters to authorize the Arkansas Highway Commission to issue up to $575 million in bonds to build and improve highways. It would be up to the governor to set an election date. The bonds would be paid back through taxes on diesel fuel. The Senate has approved an identical bill.

The House approved HB 2353, by Rep. Dan Greenberg (R-Little Rock), establishing new rules for new political parties to meet when gathering signatures of registered voters to qualify a candidate for the statewide ballot. The bill would require 10,000 signatures to be obtained within 60 days. The number of signatures doesn't alarm me as much as the short time period allowed to obtain them. Current Arkansas law requires new political parties to gather signatures that amount to 3 percent of the number of votes cast in the previous gubernatorial election but also allows signatures to be gained over a 150-day period. This is one of the strictest requirements in the nation. Right now, the 3-percent rule would equal some 23,000 signatures, based on the turnout in last year’s governor’s vote. The legislation was prompted by a federal judge’s ruling that it was unconstitutional for the state to set a higher signature requirement for third-party candidates than the threshold set for independent candidates.

I spoke against and voted against this bill on the basis that the bill shortens the amount of time allowed to obtain signatures on a petition from 150 days to 60 days. It seems almost impossible that 10,000 signatures can be garnered in 60 days (167 per day) and expect them all to be valid registered Arkansas voters. Proponents of the measure state that the time limit has not been at issue in past proceedings, but I believe it could be now. I'm all for new political parties to gain ballot access because I think it's important for voters to have choices in their candidates. Here's the roll call vote:



The House also concurred in a Senate amendment on enabling legislation for the charitable bingo enabling legislation. HB 1426 by Rep. Shirley Walters (R-Greenwood) has been transmitted to the governor. The bill sets a 1 percent tax on the manufacturers of bingo cards, sets the total value of raffle prizes at $100,000 a year and limits bingo prize money to $1,000 per game and to $7,500 per session. After the bill is signed into law, the Department of Finance and Administration will promulgate rules and regulations, and it’s expected that charitable bingo will be in operation across the state by early summer.

Also during the week, the House approved HB 2411 by Rep. Pam Adcock (D-Little Rock) to exempt breastfeeding from state laws prohibiting indecent exposure.

I presented HB1531 on the House floor this morning and received a unanimous vote. This bill creates the Arkansas Retirement Community Program and is designed to promote tourism and economic development while attracting retirees to the state. The program is to be maintained by ADED and allows municipalities to apply for certification into the program with a fee to help maintain the project and an application that outlines various factors, including (1) crime statistics, (2) tax information, (2) recreational opportunities, (4) housing availability, (5) climate, (6) working opportunities, (7) healthcare services, (8) public transportation, (9) leisure living, (10) performing arts, and other retiree-friendly factors. Once certified, the Department of Economic Development will help each city promote and market itself to retirees looking to relocate to Arkansas. This program has been successful in Texas. You can learn more about it in this previous blog entry. The bill now goes to the Senate.

As always, don't hesitate to call or e-mail if I can be of service.