Convening on the bayou -- Update

The Louisiana legislature's assembling for their regular session today in Baton Rouge. Click here for live video of House and Senate proceedings. One of the major projects they'll consider this session is state matching for I-49 between Shreveport and the Arkansas line. We're five miles from the border on our side, but completion of that last section may take a while.

Update: Here's Governor Blanco's opening address to the Louisiana Legislature (Lafayette Daily Advertiser)

Day's activities

We're in the chamber now addressing the six vetoed measures and incorporating them into Rep. Bond's HB2403 using a different funding procedure as discussed in previous entries in order to pass Amendment 14 scrutiny. The House just approved a motion to amend HB2403, and it's now being sent down to Joint Budget for consideration at a 2:00 p.m meeting. We'll reconvene after JBC for the third reading of HB2403 this afternoon and vote it over to the Senate. We'll reconvene tomorrow morning at 10:00 a.m. to tie up any loose ends and put a close to this legislative session sine die.

Update (2:00 p.m.): The engrossed version of the bill is now online.

Update (2:30 p.m.): The House has passed the bill. It's now on its way to the Senate, and we'll reconvene at 10:00 a.m. to close this thing out.

Quick interview on the Pat Lynch show

at 9:00 this morning. We'll discuss the next couple of days at the Capitol. Listen online at www.supertalkarkansas.com.

Monday's House Calendar -- Updated

The House will convene at 1:00 p.m. Monday to begin the process of cleaning up a couple of vetoed bills by sending the proposed funds to state agencies for distribution. Specifically, we'll take up HB2403 for amendment. The current status of this bill is that it has remained in Joint Budget since it was filed and assigned there on March 2. We'll close out the session on Tuesday.

10:00 a.m. -- Workforce Education meeting (Rm. 272) No agenda -- this meeting has been called to specifically address the Technology Student Loan Program.

Call of the Chair -- Joint Budget Committee (Rm. 171) Agenda

House Convenes at 1:00 p.m.

Bills for Consideration (motion to amend HB2403)
Bills for Consideration (HB2403 for final passage)

Update:: Here's the proposed amendment to HB2403.

Sunday morning roundup

John Brummett: Which one is the wimp?
Roby Brock: Arkansas business update
David Sanders: Sensational, sappy and stupid
Meredith Oakley: Court delivers good news
Stephens Media: Animal cruelty issue set for next session
Stephens Media (DC Bureau): Fry calls it quits
AP News Analysis: Officials pleased report lacks criticism
Ark. Dem.-Gazette: New ATRS E.D. Doane to get bump in pay
Ark. Dem.-Gazette Editorial: Great news, bad news (education)
ADG: US: States ignore reality by insuring more kids
ADG: NJ Crash raises questions about guv transport
Txk Gazette: Louisiana leg. expected to fund I-49 link to Ark.

Texarkana Gazette: Frost files bill to address disputes in plans
Ft. Worth Star-Tel.: Lawmakers have a busy month ahead
Corpus Christi Caller: Political pulse
Austin American-Statesman: Reform's reality
Marshall News Messenger: Const. amendment could help srs
Waco Tribune: Venting the TAKS pressure cooker
Austin American-Statesman: Correcting the TYC problem
Ft. Worth Star-Telegram: Voter ID debate
Ft. Worth Star-Telegram: On the watch list
AAS: Sale of Texas lottery looks to be a scratch
San Antonio Exp-News: More monitoring of bilingual education
AAS: Raising alerts to matters still before the TX Legislature

Jump, Jive & Jamfest

Here are a few pics from the parade and the burger cookoff this afternoon-- may go back for Jawbone and Blues Traveler later, but doubtful. I went.

No. 8 pick in the 1st round of the NFL draft

goes to Razorback Jamaal Anderson (6-6, 279 lb. DE from LR Parkview). Before attending the UofA, he left Parkview as the all-time leading receiver after topping the record set by Keith Jackson back in the 80s. He's headed to Atlanta to play for the Falcons. You can follow the draft here. Two of the first six picks went to players from LSU (they had four go in the first round). Hogs Chris Houston and Tony Ugoh went in the second round.

Cooper Tire Worker's Memorial Day

took place from 10-2 today in honor of Benjamin Butler, who was killed in January when a machine fell on him here at the Texarkana plant. It was the first on-the-job fatality in the plant's 42-year history. Judge Hudson, Judge McNatt and I missed the early wave of people, but there was still a good crowd at lunch, and the food was excellent.

Retention rates rising at Arkansas public colleges and universities

This is the exact statistic (especially among freshmen) that has consistently kept the University of Arkansas outside of the upper tier in most collegiate ranking services, including USNWR and the Princeton Review. Here's a recent "State of the University" address discussing this topic. This statistic, along with the 6-year graduation rate and minority enrollment/retention rates, are among the most important to the UofA and the other ten Arkansas public four-year colleges and universities.

Here is coverage from the Arkansas Department of Higher Education’s annual report on student retention and graduation:
Arkansas Democrat-Gazette
Arkansas News Bureau
Associated Press

Arkansas District Judges Council

Thanks to all Arkansas district judges, clerks, and staff for all their support during this legislative session, we were able to implement some critical and meaningful legislation to move in the direction of a true uniform three-tiered justice system. Sen. Womack and I were the recipients of two legislative awards today at the annual meeting of the Arkansas District Judges Council, and I'm honored. Great crowd and great event. I also want to congratulate Judy West of the North Little Rock District Court, recipient of this year's award for Court Clerk of the Year. Here's a pic from the luncheon:

ATRS trustees learn that the system's investments rise to $10.9 billion

Mike Wickline provides coverage of Thursday's meeting of the trustees of the Arkansas Teacher Retirement System. In addition to learning that the value of the pension system's assets has risen by $270 million, trustees also learned that roughly $20 million of the system's assets is invested in companies doing business in Sudan.

The Legislature passed a non-binding resolution (SCR20) earlier this year encouraging the state’s retirement systems to divest any investment in companies operating in Sudan due to the recent humanitarian crisis in Darfur. System executive director Paul V. Doane questioned whether the system wanted to get in the habit of assuming that the Legislature can tell it what to do with the money since it belongs to system members and not the legislative branch.

Doane replaced David Malone as E.D. earlier this month and comes to Arkansas from New York, where he worked for one of the system's money managers. Doane is a former member of the Massachusetts Senate (1981-89).

More on the tourism flap between Ozark and Lake Cumberland, Kentucky

A news release by Kelly Linck, head of the Ozark Mountain Region Tourism Association, has rankled some in Kentucky as being misleading. In an attempt to lure tourists from Kentucky to Arkansas, Linck's release referred to a water shortage crisis that leaves Lake Cumberland boaters and fisherman "high and dry." Kentucky Tourism Commissioner Randy Fiveash sent Linck a letter last week saying that the move was totally inaccurate and asked him to stop spreading it. "I was just shocked," he told the Lexington Herald-Leader. "We just don't do things like that to each other."

Joe David Rice, a member of the Arkansas Parks and Tourism Commission, called Linck's action unprofessional, inexcusable and misguided. "Evidently we have a nut in the tourism business over here," Rice said. "We want to distance ourselves from him as much as we can. He's embarrassed us. He is not speaking for the state." Here's the article from the Lexington Herald-Leader.

Meltdown over tax bill in Montana Wednesday

Tempers flared in Helena, MT this week as the legislature winds down its business -- the session is expected to come to an end today, and if it continues, it'll be without pay. Here's local CBS coverage of the dispute:



There is an unedited video of the tirade on youtube, which took place in the presence of a legislative caucus, half a dozen school-age pages, and a video camera.

Special masters report to the Supreme Court on Lake View: biennial adequacy study necessary

The Special masters submitted their report to the Supreme Court today following the case conference held on April 17 (click here for my report on that hearing). Skip ahead to p. 4 of the Masters' report to read discussion on facilities. Foundation funding is on p. 11, growth funding is on p. 13, and categorical funding (ELL, NSL) begins on p. 15. A discussion of teacher salaries begins on p. 16, and the conclusion begins on p. 19. The conclusion ought to be pinned up on every legislator's wall as a roadmap for adequacy for future sessions.

Overall, the masters are satisfied with the work of the 86th General Assembly and state that the success of our public schools depends on a "continuous financial and standards review that the General Assembly has undertaken at this point." I had to quickly skim the Associated Press article after reading the AP headline to confirm that "review" was a reference to the adequacy study and not continuous court supervision. It's apparent that this quote references the Act 57 study in addition to the new legislative obligations as set out in Act 1204 of 2007 (see the bottom of p. 22 of the report). The case is now back in the hands of the Supreme Court for consideration of this report.

Tort reform news

The Arkansas Supreme Court denied a petition for rehearing today in Summerville v. Thrower, which challenged the 2003 law requiring an expert affidavit to accompany a medical malpractice suit (codified at Ark. Code Ann. § 16-114-209). The statute requires that the affidavit be filed within 30 days of the initial filing of the Complaint.

The Supreme Court delivered an opinion in March (again, J. Brown writing) stating that the statute conflicts with Rule 3 of the Arkansas Rules of Civil Procedure regarding the commencement of litigation. Today's denial sends the case back to circuit court with respect to that court's ruling as to the 30-day dismissal.

Ark. Supreme Court rules that TIF districts can't take school money

As previously discussed on the blog, a TIF test case from Fayetteville had been submitted to the Supreme Court, and oral arguments were held earlier this month. The issue before the court was the amount of a school district's millage that is subject to TIF collection. The Supreme Court ruled today (J. Brown writing) that development districts allowed under Amendment 78 cannot use funds generated by the state-required 25-mill basic property tax for schools. Affirmed in part; reversed and remanded in part.

Here's the AP story by Andrew DeMillo. From the opinion: "The critical stumbling block we see with the City's interpretation of Amendment 78 is that the voters of this state were never put on notice that Amendment 78 would effectively undo Amendment 74 by funding redevelopment projects with a portion of the uniform rate of 25 mills that had previously been designated solely for the maintenance and operation of the public schools." Whew. This may have just saved us from another decade of Lake View and one big constitutional headache.

Update: Here's the opinion.

Jump, Jive & Jam begins today

in downtown Texarkana. Michael Martin Murphy plays tonight, Blues Traveler Saturday night (the parade is also Saturday). You can see the full lineup and the events listing here.

The stage is being set up at 4th & Main, and we'll have our office open most of the weekend (3rd & State Line). Feel free to stop by for drinks, bathroom, etc.

430/630 interchange is high on the state's priority list

And a plan is needed soon if funding is to be available, says Scott Bennett of the AHTD. 140,000 vehicles travel the interchange daily, which makes it probably one of the most congested areas in the state along with I-30 at the Pulaski/Saline County line, I-40 between Mayflower and Maumelle, and 67/167 through NLR (and parts of 540).

The plan is to widen 630 between Shackleford and Fair Park to eight lanes and to add two flyover ramps at 430. The Financial Centre Parkway/Shackleford intersection would also be revamped. Here's the AP story.

Here's a link to the Arkansas Highway and Transportation Department's 2006 Highway Plan (3.4MB .pdf file). Take a look on page 60 to find the priorities (this one's on p. 64 and 66 -- the last item). Keep in mind that not all of these projects can be funded presently.

Extreme Makeover: Capitol Edition

Seth Blomeley takes a look at renovations to the governor's office that are taking place this week and next.

Congratulations to Rep. David and Amy Johnson

on the birth of their firstborn, Sydney Elizabeth Johnson. Mom and baby are doing well and should be going home today.

Arkansas Bankers implement two programs for robbery prevention and rewards

From the Associated Press. First, there'll be a $5,000 reward fund for information leading to the successful prosecution of perpetrators. Second, the association also is encouraging all Arkansas banks to display signs requesting that customers remove hats, hoods and sunglasses as they enter.

Huckabee compares his Arkansas education improvements

to '83 legislative efforts to contrast his leadership ability versus that of Hillary Clinton. As the state's first lady that year, Clinton led the effort to implement statewide educational standards. The article, published by Stephens Media (DC Bureau), contains differing viewpoints on those reforms.

Elsewhere, here's a good article that was published yesterday in the Ft. Smith Southwest Times-Record on Reps. Tracy Pennartz and other members of the Ft. Smith delegation.

Texas-side city manager resigns after 18 years

This has been building for some time (previous entries to the blog here: April 10; April 16). No reasons have been given publicly for the council's disenchantment with Shackelford, although many council members agree that there's more to it than the Bunting appointment. A couple said they simply want to go in a new direction. Shackelford leaves with a severance package of $226,000. In addition to accepting his resignation, the council voted Monday night to continue a four-man rotating police chief on an interim basis and also elevated Finance Director Charlie Bassett to interim city manager. The Texarkana Gazette hasn't posted its online content yet, but you can find it here when it is posted.

Halter in charge until Saturday

while the governor is away in Arizona.

First post-VT shooting legislation

comes from Louisiana (scheduled to convene for its regular session next week). State Rep. Richard Gallot has pre-filed legislation (HB461) to clarify existing law to allow public colleges and universities to restrict possession of guns on campus. The bill has been assigned to the House Committee on Criminal Justice. Opponents have argued that similar legislation for gun-free school zones (VT has one) in other states makes it easier for tragedies to occur.

Ranking state Medicaid programs

Here's the full report, which was conducted by the advocacy group Public Citizen. We're in the bottom 10 in two categories: scope of services (43rd) and quality of care (45th). We rank 23rd in terms of eligibility and 26th in terms of reimbursement (apparently not due to our reimbursement rates, which are low). Our overall rank is 38th. Best: Massachusetts; worst: Mississippi. The scoring protocol is pretty detailed, and I haven't read it all.

Update: An e-mailer asked about Texas. 48th (see p. 102 at the link above).

Arkansas parties report quarterly contributions/expenses

Here's the Associated Press story.

The Democrat-Gazette's online content isn't up yet, but there's a good article in the print edition by Mike Wickline regarding the new Acts affecting the criminal code. I'll link it here once it's online. Here's your link. Also from the Demozette (Nasaw): Daniels fights bill to stiffen vote rules.

From the Arkansas News Bureau this morning: Rob Moritz writes about the new Mexican consulate in LR and Brummett discusses last week's Supreme Court ruling.

Here In Texarkana, early voting starts for the May 8 bond election for a proposed increase of 1.7 mills.

One of the bigger regional news stories this morning comes from Tuscaloosa -- the Crimson Tide had a capacity crowd of over 92,000 for its spring football scrimmage (and we think football is a big deal over here -- we had 2,000).

Update (9:00 p.m.): Missed this editorial from the Arkansas Leader this morning.

Sunday morning roundup

John Brummett: Whither Arkansas Republicans?
David Sanders: Democrats make hard left turn
Stephens Media: Reasons dozens of states have surpluses
Stephens Media (DC Bureau): Lawmakers high on Hogs
AP: Haley changing name, mission of ADED (now AEDC)
AP: Ark. flirted with, ultimately rejected elec. dereg.
AP Analysis: Lake View case hinges on session work
Ark. Dem.-Gazette: Stillbirth certificates to come this summer
Texarkana Gazette: Schools have crisis measures in place

Houston Chronicle: Who's for Texas taxpayers?
Ft. Worth Star-Tel.: Bipartisan tone returns to Texas House
AAS: Little support for campaign finance reform
DMN: Lawmakers considering faith's place in gov't
Houston Chronicle: Mentally ill posing challenge for TYC
Ft. Worth Star-Telegram: Tickets to lobby
Waco Tribune: Good charter, bad charter
Longview News-Journal: Oil, gas boom could hurt mineral values

Saturday pictures

Lots going on in the capital city today. I spent some time this morning at Earth Day over at the Clinton Library and the Literary Festival in the River Market before heading over and helping/visiting at the YD Convention. Here are pics:

Earth Day:

DPA booth with samples of biofuel products

Literary Festival:



Young Democrats Convention:
Committees (Capitol, Rm. 272):


Young Democrats Convention:
Lunch with Congressmen Berry, Snyder:

Recent Arkansas legislation could play a role in preventing mass shootings

Thanks to Sen. Robert Thompson, Arkansas enacted legislation in the 2007 session that could have a hand in preventing mass shootings like the one that occurred in Blacksburg this week. SB184 (now Act 463) requires Circuit Clerks to turn over involuntary commitment orders to ACIC (database maintained by the Arkansas Crime Information Center). These Orders were previously merely filed with the clerk like any other order signed in Circuit Court. The purpose of this recent legislation is to prevent people adjudicated as a danger to themselves or others from purchasing firearms.

As you know by now, Cho Seung-Hui, the Virginia Tech gunman, was adjudicated as a danger to himself and others and was involuntarily committed in December, 2005. He was still able to purchase two firearms. Had his order of commitment been submitted to the NCIC (or Viginia's version of ACIC), it may have prevented his gun purchase -- at least on the open market. Whether he would've obtained a gun through other channels is debatable, but the plan could've been more easily foiled by his mere attempt at making a purchase. Act 463 is designed to prevent such easy access to firearms by the involuntarily committed in Arkansas.

Session to reconvene on April 30

at 1:00 p.m. for the amendment and enactment of HB2403 and to correct errors and oversights in Acts 1202 and 1753 (the GIF bills). Of course, this legislation still has to run through the proper channels, so it may take a day or two depending on what rules are suspended, etc. We will then adjourn the regular session sine die. Here's the proclamation (large .bmp file).

Democrat-Gazette editorial on Lake View

"Not done yet" -- good read.

Daniel Nasaw has a good article on legislation and conflicts. Rule 5 of the Rules of the House prohibits us from voting on a question before us if we have an "immediate personal interest" (similar to the Indiana and Michigan prohibitions referenced in the article). I posted a video clip from the Tennessee Senate chamber a couple of weeks ago showing where a similar rule had been raised (amusingly to some on the floor) in debate there. The article also leads to the obvious need for consideration of revision of disclosure/prohibitions in future ethics proposals.

Elsewhere, here's a link to an article in the Tri-City Tribune summarizing the session from Rep. Buddy Lovell's district.

Here are follow-ups to Laura Kellam's article yesterday on the governor's position on casinos and gaming: Associated Press; Arkansas News Bureau

Wilson mulling Amendment 14 suit

Here's Doug Smith's article from today's Arkansas Times. Barnes and Beebe are discussing this very issue on AETN as I type this. Mike Wilson, the former state representative from Jacksonville, was also the Plaintiff in Wilson v. Weiss. The Arkansas Supreme Court in that 2006 case struck down one of five challenges Wilson made to legislative appropriations from the state's General Improvement Fund as "special and local" and therefore violative of Amendment 14.

I take the "subterfuge" quote referenced in the article as an allusion to the House method of funding local fire departments through increased Act 833 funds and routing other funding (specifically senior citizen centers and domestic violence shelters) through various state agencies. If that's a violation of Amendment 14, so is the current funding system of district court staff and various other state spending mechanisms. It appears to me that the only other way to fund these projects is to perpetually increase turnbacks to local governments for capital projects using GIF (without direction on how it should be spent, of course -- see recent Pul.Co. news).

More confirmation of vote flipping by e-voting machines

I've been concerned about this since 2000.

When Arkansas began revising requirements for direct-read electronic voting machines in 2005 (Act 654), one of the "musts" was to require a paper trail for verification of the vote. It's hard to say whether Arkansas voters routinely check the paper verification against their electronic vote for accuracy, but here's news this week that the ES&S iVotronic machines (used here in Arkansas) are vulnerable to virus attack and vote-flipping. Just to be clear, though, this is an industry-wide problem -- here's confirmation of problems with all four of the major e-voting machines. Theoretically shouldn't be a problem here so long as voters check the paper trail for accuracy, but that shouldn't have to be an issue.

Praise from Alaska

Letter to the editor in the Anchorage Daily News: "On a recent short trip to visit my dad in Arkansas, I noted with interest that the Arkansas state Legislature passed a $9 billion budget in only 86 days. The Arkansas Legislature meets every two years..." Reader from Eagle River

Take it where you can get it.

Tonight on TV

• AETN, 7:00 p.m.: Arkansans Ask the Governor. Submit questions to Gov. Beebe here.

• CNN, 8:00 p.m.: President Clinton on Larry King Live. Submit questions to Pres. Clinton here.

Arrows abound

Here's a link to Brummett's Thursday column.

News from around the state:
Arkansas News Bureau: Baker to step down as chairman of GOP
By Rob Moritz
Ark. Democrat-Gazette: Beebe lays his cards on table: No on casino
By Laura Kellams
Associated Press: Beebe encouraged Lake View case ending
By Andrew DeMillo
Arkansas Times Blog: New job for Stovall By Max Brantley
Ark. News Bureau: Cathi Compton can't host fundraiser for Pryor
Ark. Democrat-Gazette Editorial: Right over the cliff (LRSD)
Jason Wiest: ARTL satisfied with Sup. Ct. decision
John Lyon: Beebe: Trusty wont't receive special treatment
Rob Moritz: Arkansas to join initiative for 2-yr. colleges
Piggott Times: Rep. Patterson reflects on legislative session

Arkansas Judicial Council

is meeting here in Texarkana this week. The Council consists of all judges of the circuit courts and Court of Appeals, Justices of the Supreme Court, retired justices and judges, and the Director of the Administrative Office of the Courts. The Council acts as the official body representing the state's judiciary and has specific statutory responsibility of making recommendations to the legislature on judicial redistricting and the addition of new judgeships in the state.

Guest Blogger

Good to have Rep. Jeff Wood of Sherwood as a reliever on the blog.

Little River County Courthouse Centennial Celebration

Good event -- big crowd. Here are a few pictures and a video of Lawrence Hamilton (Ashdown native) singing the Wayland Holyfield classic:

Governor Beebe in front of the Texarkana Gazette Editorial Board this morning

They started out with a softball then threw some high heaters. He did a good job.

Governor meets with Miller County officials

regarding a proposed rural water system east of Texarkana this morning. Funding is the roadblock -- increased turnback funds for Miller County will likely be diverted to keeping the JDC afloat.

The Bullpen-Under the Dome

"In baseball, the bullpen (sometimes referred to as just "the pen") is the area where pitchers warm-up before entering a game. Depending on the ballpark, it may be situated in foul territory down the baselines or just beyond the outfield fence. Also, the group of relief pitchers for a team is collectively referred to as the bullpen. These relievers usually wait in the bullpen when they have yet to play in a game, rather than in the dugout with the rest of the team."

Steve has invited me to contribute to his blog. I don't know if he got tired of me emailing him potential post material or if he wanted someone else to help contribute since he is now back practicing law. Either way, I am honored to be able to come out of the bullpen from time to time to give the starter some relief.

Rep. Jeff D. Wood

Arkansas roundup

Legislative Session:
Daniel Nasaw: Newest wine law fails to satisfy; suit to linger
Laura Kellams: Backers will try again on animal cruelty bill
Doug Thompson: Hospitality group alarmed at tax attempts
Arkansas Democrat-Gazette: Hospitality taxes, fees kept at bay

Texarkana:
Jodi Sheridan: City Board urges support for school bond issue
Brandy Chewning: City's public library reopens
Becky Bell: Agent: Medicare plans confusing but good
Texarkana Gazette: Workforce center to host workshop
Gazette Editorial: TWU wants to make it easier to pay bill

Lake View:
Michael Wickline: 2 Lake View masters get mostly rosy report
Rob Moritz: Attys praise Legislature's work on school funding
Andrew DeMillo: Lawyers encouraged by school-funding hearing

Governor Beebe:
Arkansas News Bureau: Governor names state drug director
Associated Press: Crop damage emerg. declared in 35 counties
Arkansas Democrat-Gazette: Gov’s dec. sets stage for fed. aid
Column: David Sanders: Beebe: past, present and future

Arkansas Politics (fundraising for state/national candidates):
Michael Wickline: Fundraising whittles debt of campaigns
Arkansas Democrat-Gazette: Arkansas contributors to 2008 presidential campaigns

Tommy Robinson:
Arkansas Democrat-Gazette: Contempt order filed against Robinson
Associated Press: Former congressman guilty of criminal contempt

Lonoke Verdict:
Arkansas Democrat-Gazette: Campbells guilty on most counts
Associated Press: Former police chief, wife to be sentenced 4/24

Arkansas News:
John Lyon: Parole board recommends clemency for blues musician

Report from the Lake View Case Conference

I attended the case conference today at the Justice Building. The special masters listened to attorneys from the Attorney General's office and from the Plaintiff school districts on all the remaining issues in the Lake View case, focusing on the legislation enacted by the 86th General Assembly in furtherance of these issues. Matt McCoy spoke on behalf of the AG's office (McDaniel was also in attendance), and David Matthews (Rogers SD), Sam Jones (PCSSD), Chris Heller (LRSD), and Brad Beavers (Barton-Lexa/Forrest City group) were also in attendance and summarized their positions. Matthews and Jones complimented the work by the legislature and stated that they believe that all issues have been resolved. Heller raised two issues Jones a third one -- their points of contention are as follows:

Academic Facilities Wealth Index: Heller raised a hypothetical about the funding mechanism using two school districts: a wealthy one from the northwest part of the state and a distressed one in the Delta. He said that the fact that these two schools would be treated the same as far as state contributions is unfair, and that's a core concern of his client. McCoy responded that these concerns weren't raised in the most recent pleadings or in the most recent conferences dating back to November. Master David Newbern asked McCoy whether the legislature appropriated enough money sufficient for the needs of the districts as far as facilities, and McCoy responded with an emphatic "yes."

Here is the response of the 86th General Assembly to this issue (Act 727 of 2007) -- see new language beginning on p. 2, line 11.

Categorical funding (specifically NSLA funding): Heller also raised concerns about a lack of a clear determination of what is adequate for districts seeking NSLA funds. He maintained that the sole reason for this funding category was to equitably bring poor districts up to higher levels through this additional funding. He also raised the point that the Piccus study focuses on this very point, and that it suggested funding at a level higher than what the most recent legislature appropriated. Finally, he responded to an argument that he was attempting to take both sides of the position on accountability that he's not complaining about accountability in academics but that he is merely looking for the logic used in determining NSLA rates for districts. McCoy responded that Little Rock, like other districts, has maintained a positive NSLA balance. Master David Newbern asked Heller whether the lack of clarity issue should be taken up at the district level rather than the state level if the amount of funds appropriated were sufficient to meet the needs (alluding to the fact that there are $46 million in unspent categorical balances).

Disparity in teacher salaries: The third and final issue of contention was raised by Brad Beavers and focuses on the disparity of teacher salaries. Beavers admitted that it's a problem that can't be fixed. After a short discussion of Amendment 74, David Matthews stated that if the "least salary in the state is adequate, then the constitutional standard has been met, and judging on regional adequacy standards, it has been met."

After a brief recess, McCoy summarized by stating that the Supreme Court's opinion in 2005 held that Act 57 [of the 2nd special session of 2003] is the linchpin, and that the Supreme Court wouldn't dictate specific funding levels -- that's up to the General Assembly. McCoy stated that the legislature met all adequacy concerns as defined by the Act 57 study. Master Newbern ended the hearing with a statement that he's leaving the Supreme Court building in this case for the final time -- for the 5th time. The masters will now draft a report to the Supreme Court, and all Plaintiffs asked to review the report before submission.

Re-grand opening of the Texarkana Public Library

As part of National Library Week, the ribbon was cut this morning on the new and improved Texarkana Public Library. The library had been functioning out of Central Mall while the renovations were taking place. Both mayors read a joint proclamation by the twin cities. Here are a couple of pictures I took:

Worker Assistance Workshop

The Governor's Task Force on Dislocated Workers came down from Little Rock this morning to assist workers being laid off from Cooper Tire as part of their transition to a "flex plant." Cooper Tire has sent word from its Ohio Headquarters that it hopes that the layoffs are temporary, but participants in today's workshop are anxious to find work. I pledged my support this morning to do what I can to help. These are hard workers who, through no fault of their own, find themselves unable to financially support their families.

Lake View Case Conference to be held today

I'll be there assuming I can get out of court down here in time for the conference (to be held at 1:30 in the Supreme Court Courtroom). Here's coverage from the Arkansas News Bureau. I'll also swing by the governor's conference on Acres for Wildlife if I can get by there at 1:00 p.m.

Here's the event listing for today's conference:

04/11/2007 Masters' Request for Information
Requested information and illustrations by April 16, 2007,
and also that a person knowledgeable of the computations be
present on April 17th if further explanation is required.

04/03/2007 Notice of Case Conference
Case conference at 1:30 p.m., Tuesday, April 17, 2007, in
the Supreme Court Courtroom. The parties are directed to
identify and submit to the Masters all Acts of the 86th
General Assembly bearing on the issues in ths case on or
before April 13, 2007. Any pleadings shall be filed no
later than April 13, 2007.

Local government night

The third monday of the month means that it's local government night. I went by and observed the Texas-side City Council workshop before heading over to the Arkansas-side City Board meeting. By the time the Arkansas-side Board adjourned, the Miller County Quorum Court meeting was over, so I missed that one.

From my observations of the Texas-side council, it appears as though George Nuckolls of Ward 6 is at least in favor of confirming Capt. Bunting to be the police chief on a four month interim basis (he voted against confirmation previously). I had heard that Brent Stewart (Ward 3) may also be in favor of this, but he didn't make his position known at the workshop. As of adjournment, it appears as though the consensus is that City Manager George Shackelford will appoint Capt. Bunting to be the chief on an interim basis if the council votes down the current rotation of four different interim chiefs at next monday's meeting. Whether the council confirms that appointment is to be seen. City Attorney Tom Arnold believes these votes must be on separate agendas, so this process may take a while.

On the Arkansas-side, I didn't make it for the early workshop, but at the regular meeting, the Board of Directors approved a resolution supporting the upcoming school bond election (1.7 mills) on May 8. There was one dissenting vote from Director Patsy Cornelius (Ward 5). Video from the meeting will be up on their site soon, and once it is posted, I'll put a link here.

Sen. Clinton headlining the 2007 JJ Dinner

U.S. Senator Hillary Clinton will headline the 2007 Jefferson-Jackson Dinner, which is scheduled for Saturday, June 23 at Alltel Arena in NLR. Vince Insalaco will chair this year's DPA JJ committee.

Attorney General's response to attempted override of HB2780 -- Updated

I received this letter from Dustin McDaniel's office in today's mail urging legislators to resist an override of HB2780, which was vetoed last Tuesday by Governor Beebe. Here's my position.

Update (3:30 p.m.): Rep. Creekmore tells me that she won't attempt an override, but I suspect we'll see this bill filed again at the next opportunity.

Breaking: 33 dead in shooting rampage at Virginia Tech

CNN
MSNBC
Fox News
ABC News
CBS News
Live video coverage from the local NBC affiliate

Reminiscent of the 1966 Charles Whitman shootings from the tower at UT. One of the victims in that rampage was engaged to be married to my aunt.

Presidential fundraising in Texarkana

The Arkansas Times pointed me to a feature at NYT.com that has mined the FEC reports for presidential candidates. In the five Texarkana zip codes, John Edwards has raised the most with $27,400. Mike Huckabee has raised $22,600 here (over 4% of his total amount raised comes from Texarkana). Giuliani has raised $9,700 here. Here's your link for Arkansas-side contributors.

Update: Forgot the two local post office box zip codes. The totals above are revised.

Entergy increase request with PSC includes $30M for execs

"Customers should want their utility to be in good financial health," says Steve Strickland, vice president of regulatory affairs. Here's the AP story. The current proposal would increase rates for each of Entergy's 680,000 customers in Arkansas and includes payment to New Orleans and Arkansas executives for country club dues and aircraft use.

Legislation pending in Missouri would limit courts

This is pretty interesting. The proposal states that "under no circumstances shall a court of this state order the general assembly or executive to increase taxes or create new taxes. The appropriation of state revenues is the exclusive province of the general assembly."

The article states that one factor driving the legislation is a Missouri lawsuit claiming the state doesn't spend enough on public schools. It also mentions the Lake View rulings here in Arkansas, as well as rulings in Kansas, that have caused state legislatures to spend more money on education — and they want to prevent that from happening in Missouri. This raises obvious issues of separation of powers regarding a court's ability to hear cases on taxation and sounds like it's DOA in Senate Judiciary up there. If passed, it'll be referred to Missouri voters for approval and inclusion into that state's constitution.

Charlie Daniels to continue working towards 75 election coordinators

Associated Press: DeCample says the governor will help in 2009, and Daniels says he'll try again then.

The bill referenced in the article is SB884.

Nevada story on their part-time legislature

From the Nevada Appeal (Carson City). It mentions the seven states that meet every other year (Arkansas, Montana, Nevada, North Dakota, Oregon, Kentucky and Texas) but doesn't mention that Oregon and Arkansas recently referred the issue to of annual sessions to the voters (which I opposed and will again at the ballot box).

John Stossel takes up Rep. Dan Greenberg's cause

This time in print: The Edifice Complex

The Old Gray Lady

If you didn't get a chance to see the documentary on the history of the Arkansas Gazette on AETN Friday, your next chance will be the inaugural Little Rock Film Festival in May. The program was produced by UCA and is a must-see.

I can remember the end days of the Gannett-run Gazette in the late 80s up through its final days in 1991 (I was a senior in high school when it was purchased by the then-Arkansas Democrat). Growing up, we were subscribers to the Texarkana and Arkansas Gazettes. As a matter of fact, my dad's first cousin was Jimmy Jones, once at the Texarkana Gazette then the state editor of the Arkansas Gazette for several years up to his untimely death.

There is a pretty good segment of the documentary devoted to the 1957 LR Central crisis and how the Gazette took a subscription hit with its progressive editorial stance at the time. No one can validate that point better than my dad, who carried the paper on an Arkadelphia route on his bicycle during this period as a 13-year old. As part of his job, he was required to collect money from subscribers. Some of the things he was told on their doorsteps aren't fit for this blog, but suffice it to say that many of them merely canceled on the spot and sent word with him on what they thought of the Gazette's position. Maybe AETN will air the program again. Here's a link showing where many former Gazette employees are now.

Calendar: April 16 - 22

This week's headliner is the 4th Annual Earth Day Festival to be held all day Saturday at the Clinton Presidential Library. Former President Clinton will be in attendance.

Monday, April 16, 2007:

Noon: Governor Beebe speaking to the El Dorado Rotary (First Baptist Church)

6:00 p.m.: Texas-side City Council workshop for discussion of appt. of interim police chief

7:00 p.m.: Texarkana, Arkansas City Board meeting (live video stream)

7:00 p.m.: Miller County Quorum Court meeting; Miller County Courthouse

Tuesday, April 17, 2007:

8:15 a.m.: Cooper Tire worker assistance workshop (Governor's Dislocated Workers Task Force); REA Building, Texarkana

9:00 a.m.: Re-grand opening for the Texarkana Public Library

1:00 p.m.: Governor to hold conference for Acres for Wildlife and Managing Rice for Ducks Program Awards in the Governor's Conference Room, 2nd floor, Capitol

1:30 p.m.: Lake View Case Conference; Supreme Court Courtroom

6:00 p.m.: Texarkana, Arkansas School Board meeting; Education Center

6:30 p.m.: Leadership Texarkana Awards Banquet/annual business meeting; TCC

Wednesday, April 18, 2007:

9:30 a.m.: Texarkana, Arkansas Historic District Commission Meeting (City Hall Board Room)

11:00 a.m.: Little River County Courthouse Centennial (Gov. Beebe speaking); activities all day

1:00 p.m.: Southeastern Freight Lines ribbon cutting; 3201 E. 50th St., Texarkana, Ark.

3:00 p.m.: Opening of the Arkansas Sports Hall of Fame (Alltel Arena, NLR)

Thursday, April 19, 2007:

7:00 a.m.: Arkansas Legislative Prayer Caucus breakfast; Embassy Suites

4:30 p.m.: UACC-Hope Fish Fry

4:30 p.m.: Texarkana Chamber business after-hours; Healthsouth Rehabilitation Hospital

Friday, April 20, 2007:

All weekend: YD Arkansas State Convention

All weekend: 45th Annual Arkansas Folk Festival; Mountain View

All weekend: 4th Annual Literary Festival; LR River Market

Saturday, April 21, 2007:

All weekend: YD Arkansas State Convention

All weekend: 45th Annual Arkansas Folk Festival; Mountain View

All weekend: 4th Annual Literary Festival; LR River Market

All day: Alma Spinach Festival; Music from Three Dog Night

8:00 a.m.: Spring community garage sale (Spring Lake Park, Texarkana)

9:00 a.m.: 4th Annual Earth Day Festival (with President Clinton) Clinton Presidential Library
11:30 a.m.: 34th Annual Recognition Banquet @ Four State Fairgrounds, Texarkana

2:00 p.m.: Blues on the River; Arkansas River north shore, NLR

6:30 p.m.: 6th Annual Trout Fest; Cotter

Sunday, April 22, 2007:

All weekend: YD Arkansas State Convention

All weekend: 45th Annual Arkansas Folk Festival; Mountain View

All weekend: 4th Annual Literary Festival; LR River Market

Click here for a complete listing of events for this week from Arkansas.com.

Sunday morning roundup

John Brummett: Pryor's silly, but prescient vote
Roby Brock: Arkansas business update
David Sanders: Why Huckabee is stuck
Stephens Media: Critics say state should've settled sooner
Stephens Media: Some environmental issues addressed
AP Analysis: Beebe walks thin line in LRSD crisis
Ark. Democrat-Gazette: Divvying of surplus stirs doubts
NWA Morning News: Gov. discusses econ. dev. philosophy
NWA Morning News: Lawmakers split money for projects
Texarkana Gazette: Nicholas on dispatcher salaries

Tyler Morning Telegraph: Where's the tax relief?
Ft. Worth Star-Telegram: It's money time
Houston Chronicle: Mayor: Electricity dereg. a ripoff
Ft. Worth Star-Telegram: The Insider
El Paso Times: El Pasoan at Capitol helps all Texans
Austin American-Statesman: State spending is way up
Houston Chronicle: Texas No. 1 in uninsured population
Marshall News Messenger: Could it be the end for TAKS?
Dallas Morning News: Inconsistencies in TYC inquiry

Ol' ball coach goes political

The State (Columbia, SC) -- Spurrier: Confederate flag should come down. This oughta be interesting. They're in session, so maybe we'll see how much stroke he has over there.

Here's video.

House Democrats to run accomplishments in the Democrat-Gazette tomorrow

This full-page ad highlighting accomplishments of the caucus from the session will appear in Sunday's Arkansas Democrat-Gazette.

Sportsday

The 2007 Oaklawn season concludes with the Arkansas Derby today (post time is late afternoon -- it's race 11 of the 12-race program that kicks off at Noon). Unbeaten Curlin is the favorite.

No. 5 Arkansas takes on No. 17 Florida on the diamond in a doubleheader up on the Hill today. First pitch for the first game is at 2:30. You can watch the first game on Cox Sports Television if you live in NWA (channel 119) with Nick Schmidt pitching for the Hogs. Duke Welker will start the second game on the mound for Arkansas (not televised). You'll have to use Gatorzone if you want to track the games by web.

The short 2007 Spring Turkey Season begins today for all of us except those along the Mississippi River in Zone 17 (already open for them). Here's an AGFC video update.

I'm buried in discovery requests for the day but am heading over to Zapata's tonight for fajitas with Benny Petrus, Scott Sullivan, and maybe a few others for a SW Ark. Summit.

Tax season: the military relief check-off program

Doug Thompson focuses on the military relief check off program this morning. The program was enacted in the 2005 session and was the subject of one of Rep. Jeff Wood's resolutions this session. For you last-minute filers like me, you can take advantage of this program and easily support mobilized and deployed members of the Arkansas National Guard and Reserves.

Here's the rest of the Arkansas round-up for Saturday:

A proposed constitutional amendment to be initiated by Marvin Cossey for 4-year terms for county officers is too vague, says Dustin McDaniel's office (AP). Here's the actual opinion from the Attorney General's office;

Jim Williamson shows that the gloves are off in Fouke;

Ashdown also having heated council meetings (Little River News);

Jason Weist writes that Marion is ruled out expansion of the HINO plant as recently hoped (does this count as cold shoulder #4?);

Laurie Whalen reports on the grand opening of the Arkansas World Trade Center in Rogers;

Brummett discusses race in the LRSD;

Daniel Nasaw reports that Green Party candidate Rebekah Kennedy will challenge Mark Pryor in 2008.

Arkansas weeklies on state turnback funds:
Little River News
DeWitt Era-Enterprise
Trumann Democrat

Searcy Daily Citizen story on Reps. Pate, Evans

I missed this one somehow. Published on 4/5/07.

Arkansas Week

There was a great AETN legislative update with Argue, Thyer, and Webb this evening (no video). Here's Arkansas Week courtesy of AETN, which will air in half an hour:

Or just click here (must have a video player)

Here are links to popular video players for you to download if necessary:
Apple QuickTime -- Windows Media Player -- RealPlayer

Update: Turn to AETN now (9:00 p.m.) for a program on the history of the Arkansas Gazette.

Stormy night ahead

Link to radar

Breaking: Bank Robbery/Pursuit in Greenbrier

KATV; KARK; KTHV

Highway commissioners discuss bond proposal

The $575 million highway bond package will either be on the ballot for the 2008 general election or a special election prior to that, say members of the commission.

Act 511 (signed into law on March 27) allows the governor to place the proposal on the ballot, and the bonds would be financed by (1) the four cent per gallon diesel tax and (2) federal highway appropriations. No bonds are allowed to be issued after Dec. 31, 2013, which differentiates this proposal from the similar failed proposal of 2005.

Governor on funding for the U.S. Marshal Service Museum

These funds are part of the "Executive Discretionary Division" of General Improvement, and they include up to $25,000,000 for this project (see page 25, line 35 of Act 1202). Here's the AP story (published in the Arkansas Democrat-Gazette). Don't expect the full $25 mil, he hints.

Pryor sitting on $2 million as of April 1

Here are articles: Arkansas Democrat-Gazette; Arkansas News Bureau; and Associated Press.

You'll be able to find the report here when it's filed.

Senate seats that are up for election in 2008

A couple of readers have asked for this list:

18 of the 35 Senate seats are up in 2008, four of which are term-limited seats:

Jim Hill (D-Nashville);
Jim Argue (D-Little Rock);
Dave Bisbee (R-Rogers); and
Jack Critcher (D-Batesville).

The other 14 seats that are up for election are:

Senate Dist. 01: Womack (i)
Senate Dist. 02: Laverty (i)
Senate Dist. 03: Whitaker (i)
Senate Dist. 04: Trusty (i)
Senate Dist. 07: Madison (i)
Senate Dist. 09: Hendren (i)
Senate Dist. 17: Luker (i)
Senate Dist. 23: Taylor (i)
Senate Dist. 24: J. Jeffress (i)
Senate Dist. 25: G. Jeffress (i)
Senate Dist. 26: Malone (i)
Senate Dist. 30: Baker (i)
Senate Dist. 31: Salmon (i)
Senate Dist. 33: Brown (i)

Click here for a map of Arkansas Senate districts.

More renovations downtown

We're getting there building by building. They're working today on the new facade work on the Logan Electric building in the 200 block of E. Broad:

Also today, there was a groundbreaking for a new Mil-Way FCU over in the 5100 block of West 7th. Here are pics:

Arkansas weekend calendar

Looking for something to do this weekend? The headliner is probably Hogskin Holidays over in Gregg Reep's district in Hampton. There are a few dedications/grand openings of note for Friday:

• Friday, 11:00 am: Dedication Ceremony for SW Ark. Planning & Development District, Magnolia

• Friday, Noon: Grand Opening of the Arkansas World Trade Center in Rogers

• Friday, 2:00 pm: Grand Opening of the New Campus Entryway for UACC at Hope

• Friday night will mark the first Cruisin' downtown t-town event in downtown Texarkana in front of the Wellworth five and dime store on the Arkansas-side. Spectators will enjoy oldies music, food, fun, games, & classic cars. This event will be held on the 2nd Friday of each month.

• The 3rd Annual Youth Leadership Conference will be held on Saturday at the Southwest Center on the Texas-side.

•Saturday is also Warthog Day at the maintenance hangar, Ebbing Air Natl Guard Base, Fort Smith

• Hogskin Holidays is this weekend over in Calhoun County.

• Saturday marks the last day for racing at Oaklawn this season.

• Saturday: Live music at the Spring Fling at the Delaplaine City Park.

• Saturday: Step It Up Town Meeting in Hardy.

• Saturday: Go Fly a Kite, Arkansas War Memorial Stadium.

Congratulations to Robin Stover

The 2007 Arkansas Middle Level Principal of the Year. Ms. Stover was selected by a committee of middle level administrators representing various regions across the state. Twenty-seven nominations were submitted for this award. Congratulations to Robin and the staff at College Hill Middle School in Texarkana.

2nd Joint Report filed today in Lake View

Read it here. The report summarizes legislative action by the 86th General Assembly and states that the parties believe the legislation addresses all the remaining issues in the lawsuit. There will be a case conference at 1:30 p.m. on Tuesday, April 17 in the Supreme Court Courtroom.

Election season

When you're on a two-year cycle, if you're not in session, you're running for office. Of course, all 100 House seats will be up for election in 2008. In addition to the 29 seats that are open seats due to term limits (see the list at the bottom of this post), two additional seats will be coming open due to sitting members in those districts making a run for the Senate. They are Rep. David Johnson (District 38), a Democrat from Little Rock, and Rep. David Wyatt (District 72), a Democrat from Batesville.

Here's a map showing the current makeup of the House (for a larger and interactive version, scroll all the way down to the bottom of this page) -- Red=Republican (25); Blue=Democratic (75):

Here is a map of Johnson's District 38:

Here is a map of Wyatt's District 72:

I recently read a report that Rep. Earnest Brown (D-Pine Bluff) may be considering a run for the Senate. I saw him in court in Hope on Monday and forgot to ask him (many people forget he's from over here at Fulton and apparently has a good part of his law practice over here because of it), but I caught up with him yesterday, and he assures me that he's going to stay in the House for at least one more term -- besides, he tells me, that particular Senate seat is not up this cycle.

Here are the 29 seats that are coming open due to term limits (almost half of the Republican Caucus is term-limited, but the seats coming open have been some pretty solid districts for them). These are organized by seniority:

District 50: David Evans (D-Searcy) is term-limited;
District 36: Linda Chesterfield (D-Little Rock) is term-limited;
District 96: Keven Anderson (R-Rogers) is term-limited;
District 70: Stan Berry (R-Dover) is term-limited;
District 15: Lenville Evans (D-Lonoke) is term-limited;
District 14: Speaker Petrus (D-Stuttgart) is term-limited;
District 43: Jeff Wood (D-Sherwood) is term-limited;
District 32: Sid Rosenbaum (R-Little Rock) is term-limited;
District 7: Robert Jeffrey (D-Camden) is term-limited;
District 44: Will Bond (D-Jacksonville) is term-limited;
District 48: Susan Schulte (R-Cabot) is term-limited;
District 99: Horace Hardwick (R-Bentonville) is term-limited;
District 42: Sandra Prater (D-Jacksonville) is term-limited;
District 45: Betty Pickett (D-Conway) is term-limited;
District 85: James Norton (R-Harrison) is term-limited;
District 81: Johnny Key (R-Mountain Home) is term-limited;
District 53: Denny Sumpter (D-West Memphis) is term-limited;
District 21: Scott Sullivan (D-DeQueen) is term-limited;
District 29: Janet Johnson (D-Bryant) is term-limited;
District 58: Tommy Dickinson (D-Newport) is term-limited;
District 100: Daryl Pace (R-Siloam Springs) is term-limited;
District 62: Shirley Walters (R-Greenwood) is term-limited;
District 49: Mark Pate (D-Bald Knob) is term-limited;
District 64: Jim Medley (R-Fort Smith) is term-limited;
District 97: Mike Kenney (R-Siloam Springs) is term-limited;
District 94: Eric Harris (R-Springdale) is term-limited;
District 74: Chris Thyer (D-Jonesboro) is term-limited;
District 68: Michael Lamoureux (D-Russellville) is term-limited;
District 88: Marilyn Edwards (D-Fayetteville) is term-limited.

There are going to be some real battles for some of these seats. Let me know what you're hearing about these and possible other House and Senate races.