The 88th General Assembly
has convened the 2012 fiscal session

Sunday, November 30, 2008

U.S. Rep. Steve Cohen (D-TN) offers up advice on lottery

Congressman Steve Cohen of Memphis, who authored the '02 Tennessee lottery proposal that was approved by voters in that state, offers up some advice on the implementation of the lottery, having gone through it himself in the Tennessee Senate prior to being elected to Congress. Cohen was interviewed by Rob Moritz of Stephens Media. His main points:
• Set the scholarship award high enough where it covers full tuition costs. TN settled on awards that did not fully cover tuition, and he believes that to be one reason that state now has a $460 million surplus in the lottery program;

• A government body should oversee and maintain the program (even though his state implemented a semi-public agency to run the lottery there). His reasoning behind having a public agency run the lottery is because the TN legislature has little control over the lottery board there, and Cohen believes the salaries set by the board are out of line with what TN voters want;

• Retention and Elibility: The Tennessee legislature initially set the bar at a place where many recipients of the scholarship were unable to retain it after a semester due to the requirement that they maintain a 3.0 (it's since been changed to 2.75 for the first 72 hours). Eligibility is another issue. If we're ambitious enough to pattern this after the El Dorado Promise, lottery revenue will likely dictate how each of these other issues are implemented.
These will include some of the items to be debated in the upcoming session as it pertains to implementing the lottery. Of course, Tennessee is just one model -- there are 41 others out there, and many (including Lt. Governor Bill Halter) would suggest looking at Georgia's Hope Scholarship model.


Saturday, November 29, 2008

Ethics reform in holding pattern

Andrew DeMillo's weekly column is devoted to the possibility of ethics reform in Arkansas in the upcoming session.


The Obama stimulus bubble?

Anticipating an increase in infrastructure spending, speculators have run up the value of construction stocks since the election (and since Obama announced a push for an increase in public works spending). Shaw Group, who's been hired as the contractor on the Swepco plant up in Hempstead County, has seen its stock surge 22% just in the last week. Shares of contractor and construction materials maker Granite Construction are up nearly 70% in the past month. Thanks to Muleboy for the link.

It seems pretty risky to just pick a stock out of the sector and hope for the best, but exuberant investors need somewhere to park their money, I guess.


Teacher pay in Arkansas (2008-09)

Today's Democrat-Gazette analyzes teacher salaries for this school year. The top four are in northwest Arkansas, and the next two are in Crittenden County in east Arkansas. Here's a link to the Dept. of Ed. spreadsheet with the actual figures. The highest paid teacher in the state comes from Springdale ($70,257), and the lowest paid teacher comes from Turrell, which somehow pays teachers with no experience $28,897, less than the state required minimum of $29,244. At 245th, Turrell has to compete with two of the state's highest-paying districts in the same county, West Memphis and Marion.


Friday, November 28, 2008

No fairweather fans here

Despite the rain, we've packed leftover turkey sandwiches and a pumpkin pie and are en route to War Memorial Stadium to watch the 4-7 Razorbacks take on the defending national champs from LSU. Former Arkansas High RB Dennis Johnson will be starting at tailback for the Hogs. I've attended just about every game in this series, both home and away, since we joined the SEC.

As usual, it's a 1:30 p.m. kickoff on CBS.

Update: What a game. That ought to boost recruiting, and it was a good send-off for the seniors.


From Washington and Miller counties: Can local govt's abolish local sales taxes?

City and county officials from Washington and Miller counties have inquired as to whether they can reduce or abolish the local sales tax on certain items (mainly groceries). It's especially a hot topic locally, where Texas-side shoppers purchase groceries tax free, and the taxes when purchasing groceries on our side of state line are as follows:


Arkansas state tax:3%
"In Lieu Of" Tax1%
Miller County tax:1.5%
Texarkana muni tax:1.5%
Total tax:7%

The local governments have the theory that abolishing the local sales taxes will increase revenue in the long run since shoppers aren't likely to cross the state line over 4% (and maybe 3% if the governor's latest proposal is signed into law). These local governments believe they can actually generate more revenue from the items purchased that don't fall under the category of food and food ingredients than they can generate under the current system. That's a correct belief, in my estimation.

However, local government are prohibited from reducing or abolishing taxes on specific items, as it violates the agreement Arkansas entered into with other states when it enacted the 2003 Streamlined Sales Tax Act.


Number of rigs stable in Arkansas, down nationally

The number of rigs actively exploring for oil and natural gas in the United States fell by 75 this week to 1,866, reports the AP. Of the major oil and gas producing states, we fared better than all except for Texas and Oklahoma. If you're interested in seeing where the permitted and spud locations are in Arkansas, the Oil and Gas Commission has a great map, which was created by data coordinated by the Arkansas Geographic Information Office. I'll be posting more on the GIO's efforts to coordinate mapping and data to help various state agencies and departments. Click the map below to see the Oil and Gas Commission maps.


Capitol Holiday Festivities

Arkansas Secretary of State Charlie Daniels has released the list of events to take place at the Capitol over the holidays, and the events include the traditional lighting ceremony (70th annual), which is slated for next Saturday, December 5, at 4:00 p.m. A fireworks show will cap off the lighting ceremony, which will take place after the conclusion of the Big Jingle Jubilee Downtown Holiday Parade around 5:30 p.m.

The anonymously donated 22-foot tall Christmas tree will arrive Wednesday, December 3. If you're wanting to stroll the halls to view the holiday exhibits or listen to the more than 130 school choirs at the Capitol, the building will hold special holiday hours from 7:00 am to 9:00 pm on weekdays, and 10:00 am to 9:00 pm on weekends. Click here for a complete list of events.


Black Friday for all state government employees

If you're a state employee in Arkansas or 31 other states, you're not expected to report to work this morning. In Colorado, state workers can choose to take one day off from the day after Thanksgiving, Christmas Eve or New Year’s Eve, so long as all offices state open on those days. A spokesman for the Colorado Department of Personnel and Administration says that "citizens expect to have their state employees working for them, and we work hard to make sure that their needs are met." While not officially a state holiday in Arkansas, Governor Beebe signed an executive order giving state employees Friday off. Click the image to see a readable version.


Thursday, November 27, 2008

Thanksgiving Day

The Annual Team Texarkana Runners/Triathletes Thanksgiving run and breakfast was held this morning over on the Texas-side. We gather for a 6-miler each year, followed by a pretty hefty breakfast as seen below. Ever since the Marine Corps Marathon, I've been nursing a strained calf, which is a pretty convenient excuse to have in your pocket when you run alongside runners 30 pounds lighter. One of our members just finished Ironman Arizona, and several others are preparing for the Athens-Big Fork Trail Marathon in the Ouachitas in January, so it's an ambitious and motley group.



We're having our family Thanksgiving dinner here in a couple of hours.

Update: And what a feast it was. We capped it off with a win by the Cowboys, and now I'm going to settle in and watch Texas and A&M. Hopefully, Arkansas can end the season on a high note tomorrow against LSU. Saw plenty of LSU flags flying on cars driving up from the Bayou this afternoon.

I have a lot to be thankful for, and it was a good day spend with family. Hope you enjoyed yours.


Mike Huckabee's Little Rock book signing

Now that I've finished my latest two reads (Influencer by Kerry Patterson and 50/50 by Dean Karnazes), I've been wanting to pick up Mike Huckabee's latest book, Do the Right Thing. He was in Texarkana on Tuesday, but I was tied up and unable to make his appearance here at Books-a-Million. Since then, he's been to Shreveport, El Dorado, and Fort Smith, and I stopped by last night's book signing at Barnes and Noble in west Little Rock to buy his book.

He says he logs on to Under the Dome when he can and asked about my running. We ran the '05 Little Rock Marathon together -- well, not really together since I lost sight of him and then-Gov. Tom Vilsack of Iowa at the 19 mile marker. I called him down to the House Chamber to congratulate him the next week during the daily voting calendar that session.

Also there were Rep. Dan Greenberg, AHTD Director Dan Flowers, and I saw Janet Huckabee and my former law school classmate Cory Cox, who worked as legal counsel for Huckabee during his gubernatorial administration.


Police arrest Pressly murder suspect

I got home from Little Rock just in time for the 10:00 news last night, and just in time to watch the live broadcast of the press conference announcing the issuance of a warrant for Curtis Lavell Vance of Marianna. By the time I woke up this morning, he'd been arrested, and he's being held on a capital murder charge in the beating death of KATV morning anchor Anne Pressly.

Stop the Presses: For the first time in my memory, the Democrat Gazette apparently stopped the presses to get the news in today's Little Rock edition. It was not in ours.


Wednesday, November 26, 2008

My turn on KATV's Daily Debrief tonight: UPDATE

I'll be Kristin Fisher's guest for the daily debrief at 6:15 tonight. Fisher heads up the wildly-popular Choose Your News segment on KATV. I'm following Max Brantley and Blake Rutherford on the show.

The streaming video she has on the KATV site is unbelieveable (embedded to the right). I've always wanted to use this type of technology to stream live committee meetings at the Capitol from Under the Dome, but such a move would likely require some discussion.

Also tonight: AETN will air Men & Women of Distinction, and the featured Arkansan tonight is Buzz Arnold (6:30 p.m.).

Update (Thursday): What a treat that was. The technology is cool and is obviously the next step in new media. There are free streaming hosts that can be utilized on blogs such as this one, including ustream.tv, justin.tv, and one that Kristin uses (qik.com) that you can stream from a cell phone. Pretty nifty. The Internet brings immediacy, but this streaming video product brings an entire new dimension to the table.


Other Days

One of my favorite parts of the Demozette is the "other days" section. Today's "25 years ago" piece recaps the well-known Dyas trial down here in Little River County in southwest Arkansas, where convicted murderer Jimmy Lee Dyas received word near today's date that the United States Supreme Court upheld a ruling that he was entitled to a hearing on his contention that his right to a fair trial was jeopardized due to the relationship of all trial officials.

Who were they? My uncle was the prosecutor (his cousin was the deputy prosecutor), his uncle (and the dad of the deputy) was the judge, and my grandfather was the defense attorney. His daughter (my aunt) was engaged to the prosecutor. The judge's wife was the court reporter. There's some Arkansas folklore for ya. I think the U.S. Supreme Court Justices just shook their heads.


Beebe, Obama to attend National Gov's Association meeting

Matt DeCample tells Stephens Media that Governor Beebe and other governors will meet with President-elect Barack Obama at Independence Hall in Philadelphia next week to discuss the economy. NGA Chairman and PA Governor Ed Rendell is hosting the meeting. Ought to be an interesting meeting, since Pennsylvania and several other states are facing a budget shortfall.

Today's Philadelphia Inquirer states that a stimulus package involving state and local governments will be a central topic at the meeting. Many economists think aid to state and local governments should be a key part of any new stimulus spending, as they have less borrowing authority than the federal government and are more pinched by an economic downturn. Rendell told the Inquirer that Obama reached out to the NGA to get opinions to shape the stimulus package. Lt. Governor Bill Halter will serve as governor in Beebe's absence.


Tuesday, November 25, 2008

Governor appoints Mike Kinard to Arkansas Court of Appeals

Governor Beebe named Mike Kinard of Magnolia as Associate Judge for District 5 on the Arkansas Court of Appeals today. Kinard practices law in Magnolia and previously served in the Arkansas Senate. The appointment will fill the unexpired term of Judge Sam Bird, who is retiring.


Recreation in forest service areas

Several trails exist within AGFC and other wildlife habitat areas in the state. One group in particular successfully retained two trails within Bear Cat Hollow, an elk habitat area. The Arkansas Off-Highway Vehicle Conservation Association is now proposing to allow for a couple of loops and a scenic trail within the Big Piney Ranger District. The proposal calls for a minimal shift in the current road to make it accessible to 4x4's and ATVs. An environmental assessment is on its way, but if drilling is allowed on some AGFC properties, I can't imagine an adverse assessment to this type of activity.


Newest owner of the New York Mets' new stadium: You

Citibank received a bailout yesterday to the tune of $326 billion from the federal government, but not to worry, Mets fans. Citi's agreement to pay $400 million for naming rights to the new stadium will not be affected. So to follow the money: The government gives funds to Citigroup, who can now better pay the Mets, the same ballclub that is already the recipient of more direct government subsidies for stadium construction. This Citi bailout is being hailed by some as a second catalyst to the market and a "template that works" for other payments, but it's not going to sit well with many taxpayers.


Monday, November 24, 2008

Pat Lynch and the proposed public works stimulus

Under the Dome receives mention in Pat Lynch's Monday column, where Lynch proposes a stimulus centered around infrastructure improvements to bridges, water/sewer projects, national parks, and high speed rail. Such a stimulus would create jobs, which after all, is the preferred method of an economic stimulus.


39th Infantry begins return home

About 160 of the 3,000 Arkansas soldiers currently serving in Iraq in the 39th Infantry will return home tomorrow night. The rest will arrive in the coming weeks, and for the first year time in 12 years, there are no scheduled deployments for the brigade in 2009. They've been serving in Iraq since January.


Governor to sign water agreement today with Missouri

The governor is in Springfield, Missouri this morning, where he'll sign a bi-state water agreement at 10:00 a.m. with Missouri Governor Matt Blunt. The event will take place at Uncle Buck's Auditorium at Bass Pro Shops. Afterwards, Beebe will sit down with Steve Grant of KY3 News of Springfield.


Friday, November 21, 2008

Jobless rate is up 0.5% in Arkansas

The Arkansas Department of Workforce Services released the state's latest figures for unemployment, which show the jobless rate at 5.4%, up from 4.9% in September. That's the largest increase here since 1980.


Issue De Jour: Administrative Order No. 20

I recently complained that the Texas Legislature enacted an Act that required tow truck operators in that state to have a valid Texas driver's license. Its purpose was to deter illegal immigrants from obtaining work, but it put a bunch of tow truck operators that live in Texarkana, Arkansas out of work.

Today, the local bar (in conjunction with private process servers on both sides of state line) is grumbling about Administrative Order No. 20, which was adopted by the Arkansas Supreme Court on March 1, 2008. It requires that in order to serve process in Arkansas, the person must hold a valid Arkansas driver's license. There are very few, if any, local process servers that live in Arkansas. The next step, some believe, is that Texas will create a rule that mirrors ours, which will only put up another fence between our bordering community.

Amendment 80, §9 to the Arkansas Constitution sets out a procedure in which some rules may be amended by the Legislature, but it's not allowed in this scenario. Sincethe Legislature can't amend it, we can only hope that the order gets revisited at some point.


Thursday, November 20, 2008

The Annual Turkey Smoke

Tonight's the night for me to sit in a fireside plastic chair alongside District Judge Wren Autrey and cook turkeys. We're in charge of the smoke pit overnight at our annual Turkey Smoke at the Henry Farm here in Texarkana. My shift begins at midnight tonight and ends at 8:00 a.m., so I'll be late with the Friday morning posts.

Friday Update: Picked up a Red Bull on the way to work and am ready to go. Here are a couple of pictures:


Groundbreaking for Texas A&M - Texarkana

Here's a picture of today's ground-breaking ceremony for Texas A&M University-Texarkana’s $75 million construction project at the new Bringle Lake campus. The Multipurpose Library Building and Central Plant, the second of a five-phase project, was approved by the University System’s Board of Regents in September. The new site will occupy four stories and about 183,000 square feet in all.

Also today, the Texas Senate held a committee meeting at the site. Texas A&M-Texarkana serves students from both sides of the state line.

Update: Here's a note from Dr. C.B. Rathburn, President of TAMU-T:
The economic futures of Northeast Texas, Southwest Arkansas and Northwest Louisiana are tied together. I want A&M Texarkana to be a positive force for growth and development regardless of the location of a state line or the residency of the student.


Lottery Amendment makes the Economist


Wills discusses annual sessions, lottery

Speaker-designate Robbie Wills (D-Conway) spoke to the Kiwanis Club of Conway yesterday and discussed two of the newly-adopted amendments to the Arkansas Constitution. Here's the link.


17 Senate bills and a proposed amendment to the Constitution filed yesterday

Sens. Altes, Glover, Key, and Jimmy Jeffress filed 18 items yesterday. A quick rundown:

• SB18 (J. Jeffress): ADOPTS INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN.
• SB17 (J. Jeffress): EXCLUDES BAIL BOND AGENTS PD. BY COMMISSION BASIS FROM DEF OF "EMPLOYMENT" IN WF SERVICES LAW.
• SB16 (J. Jeffress): CONCERNING LETTERS OF CREDIT/CDs FILED WITH BAIL BOND COMPANY/PROF BB LICENSING BOARD.
• SB15 (J. Jeffress): CONCERNING THE SERVICE OF A SUMMONS ON A BAIL BOND SURETY.
• SB14 (J. Jeffress): MAKES ENTERING ANOTHER STATE AS A MEANS OF AVOIDING A REQUIRED COURT APPEARANCE CLASS D FELONY.

• SB13 (Altes): PROVIDES INCOME TAX CREDIT FOR A PARENT WHO CHOOSES TO STAY AT HOME WITH CHILD.
• SB12 (Altes): CREATES BACK-TO-SCHOOL TAX-FREE HOLIDAY.
• SB11 (Altes): ESTABLISHES INCOME TAX CREDIT FOR EDUCATION EXPENSES OF DEPENDENTS.
• SB10 (Altes): TREATS ALL SPECIAL REVENUES AS GENERAL REVENUES AND AMENDS PURPOSE FOR THE SPECIAL FUNDS.
• SB9 (Altes): ESTABLISHES INCOME TAX CREDIT FOR REHABILITATION OF HISTORIC STRUCTURES.
• SB8 (Altes): PROVIDES INCOME TAX CREDIT FOR BUSINESS OR INDIVIDUAL THAT PURCHASES RENEWABLE RESOURCE EQUIPMENT.
• SB7 (Altes): EXEMPTS FROM SALES AND USE TAX THE RETAIL SALE OF RENEWABLE RESOURCE EQUIPMENT.
• SB6 (Altes): EXEMPTS REPAIR/REPLACEMENT PARTS FOR FARM EQUIPMENT/MACHINERY FROM THE GROSS RECEIPTS TAX.
• SB5 (Altes): PROVIDES SALES AND USE TAX EXEMPTION FOR UTILITIES USED BY MANUFACTURERS IN THE MANUFACTURING PROCESS.
• SB4 (Altes): CREATES SALES AND USE TAX EXEMPTION FOR SALES/SERVICES TO THE DISABLED AMERICAN VETERANS ORGANIZATION.

• SB3 (Key): AUTHORIZES THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR COLD WAR VETERANS.

• SB2 (Glover): REPEALS GROSS RECEIPTS TAX ON MINI-WAREHOUSE/SELF-STORAGE RENTAL SERVICES IN CERTAIN CONDITIONS.
• SJR1 (Glover): AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING SERVICE BY ELECTED COUNTY OFFICIALS AND JPs.


Pryor book signing in Texarkana

David Pryor has helped Patty Smith with Opportunities, Inc. here in Texarkana since it began in 1966. He returned yesterday to sign books and told the crowd that a portion of the proceeds of the book will be donated to Opportunities. I serve on the Board of Directors at Opportunities, whose mission is to provide developmental and support services to assist in attaining a full life in the community. Here are a couple of pictures:

  


Wednesday, November 19, 2008

On tap today

The ALC/JBC hearings at the Capitol will cover some substantial budget requests today beginning at 9:00 a.m.:

• All Constitutional Offices
• Governor's Mansion
• Supreme Court
• Court of Appeals
• Circuit Courts
• Administrative Office of the Courts
• Prosecutor Coordinator's Office
• Legislative Audit
• Bureau of Legislative Researh
• Ethics Commission
• Election Commissioners
• County Aid
• Municipal Aid

I'll report from the hearings, but most of these will ultimately be referred to subcommittees. Still, the budgets will be presented and debated today. I'll likely miss the presentation on the Board of Finance since I'll be in a meeting to discuss the governor's proposal to split the five-employee Arkansas Geographic Information Office from the Department of Information Systems in order to become its own agency.


Governor on the Arkansas economy

Doug Thompson reports from the Rogers-Lowell Chamber of Commerce Leaders Conference yesterday, where Governor Beebe spoke to leaders about economic conditions in Arkansas. Since Beebe took office, the state has gained 14,000 manufacturing jobs and 36,200 new jobs overall, a trend that is contrary to the national economic slowdown. Still, most economists forecast a slowdown in revenue for the state, and I suspect we'll see sales tax revenue shrink like most other states have experienced in recent months. An ABC poll released yesterday shows consumer confidence at a 22-year low. The governor discussed the role that northwest Arkansas has played in terms of strengthening the state's economy and referenced its slumping housing market.


Facilities frustration

Lawmakers at the Capitol yesterday questioned the pace of distribution of $456 million appropriated for Division of Public School Academic Facilities and Transportation. Meanwhile, I visited yesterday with local officials regarding the building standards required by the same division. The rules promulgated by this administration of educational facilities are much more stringent than have been in years past, and for the most part, they make sense. Adequate space is needed for children with special needs, and there are reasons to have a pitched roof of 2 1/4" to every foot in order to ensure that drainage is no problem.

However, when infrared automatic toilet flushers are required for every new toilet in every school district in Arkansas on the basis of cleanliness, that's a little bit of overkill. Now that wall-hung toilets are required, it puts a burden on districts with limited resources, because renovations require a reinforced wall strong enough to hold it (about $600 per toilet, or if you're building a gym that requires enough of them to meet code, about an extra $12,000 per bathroom in a AA school). These standards aren't codified, which means that when an insurance claim is made for a damaged roof, etc., most policies won't cover repairs/replacements made to facilities division standards. It can get burdensome in a hurry. Here's today's ADG report on other matters of education discussed at the Capitol yesterday.


Tuesday, November 18, 2008

John Edwards takes House District 38 seat

After an official recount, John Edwards (D-Little Rock) won the HD38 seat by 74 77 votes over Kelly Eichler. The election will be certified within the hour.


Mike Ross to address NWA Political Animals Club

Congressman Mike Ross, a key leader in the fiscally-conservative Blue Dog Coalition, will be the speaker at the December 4 meeting of the Poilitical Animals Club of Northwest Arkansas. This bloc of support will be necessary for any and all Obama initiatives. RSVP here. $9 for the meeting and for breakfast.


Little River County Retired Teachers

I'm the guest speaker at the Little River County Retired Teachers Unit this morning in Ashdown, and while I'll give them a quick glimpse of the upcoming session, the topic I've been given is "volunteerism." Man yof these teachers are also active in our regional RSVP (Retired and Senior Volunteer Program). I'll check in at lunch.


Act 35

The Texarkana Gazette Editorial Board takes issue with the legislature's failure to allocate $100 per student in recognition of outstanding performance to districts that exceed standards. Act 35 of the 2nd extraordinary session of the 84th General Assembly created the Arkansas School Recognition Program, which was designed to send performance-based funding to those districts in categories four and five. Click here and read the language beginning on p. 22, line 8.


High Speed Rail in the Ark-La-Tex

David Dean shows possibilities of high speed rail across Arkansas during yesterday's town hall meeting on rail at Texarkana College (pictured below). This form of high speed rail, while officials tout it being constructed by private dollars, is far more expensive than the more conventional "high performance rail" and is even higher than constructing interstate-standard highways.

Here are a few differences:

High Speed Rail
Cost: $20 - $46 million per mile
Speed: ~220 mph
Floats above the track on magnets
Can't using existing rail bed - must obtain new land for route

   High Performance Rail
Cost: $1.3 million per mile
Speed: 80 - 110 mph
Conventional steel wheel rail
Can use existing track, but double tracking needed



The Arkansas Senate organizes for the upcoming session

A link to Senate committee memberships for the upcoming session is on the jump. Here are the chairmen:

Public Health, Welfare and Labor: Malone
Revenue and Taxation: Miller
Education: Jimmy Jeffress
Judiciary: Wilkinson
Agriculture, Forestry and Economic Development: Luker
Insurance and Commerce: Horn
City, County and Local Affairs: Madison
State Agencies and Governmental Affairs: Faris
Transportation, Technology and Legislative Affairs: Capps
Sen. Baker will be the Senate Co-Chair of Budget (Vice Chair: Smith)
Sen. Glover will be the Senate Co-Chair of Audut (Vice Chair: Pritchard)
Sen. Wilkins will be the Senate Co-Chair of Council (Vice Chair: Faris)

Joyce Elliott will be Senate Majority Leader (Steve Faris will be Whip), and Kim Hendren will be Senate Minority Leader (Bill Pritchard will be Whip).


Monday, November 17, 2008

Pre-filing period begins

Bills can be filed for the 87th Arkansas General Assembly beginning this morning. Most legislators like filing bills early, because legislation filed this week will garner plenty of attention. Click the link below for today's filings.

House Bills


Bill
Sponsor
Short Title
What it does
Fiscal Impact
How I voted
HB1002
Wills et al
THE ARKANSAS SCHOLARSHIP LOTTERY ACT
Shell bill to implement Lottery
             
HB1003King AN ACT TO PROVIDE FOR THE INCLUSION OF PHYSICIANS, NURSES, AND OTHER MEDICAL PERSONNEL IN THAT CLASSIFICATION OF MEDICAL PERSONNEL WHO CAN USE EMERGENCY FLASHING LIGHTS ON THEIR VEHICLES IN EMERGENCY SITUATIONSExpands classification of people who can use emergency flashing lights on vehicles  
HB1004ReynoldsTO PROVIDE FOR THE TERMINATION OF A SEVERED MINERAL RIGHT DUE TO NONUSE WITH OWNERSHIP REVERTING TO THE SURFACE OWNER AND TO PROVIDE GUIDELINES FOR ASSESSING MINERAL RIGHTSChanges the way a fee simple transaction works regarding mineral rights in Arkansas  
HB1005AbernathyTO AMEND THE DEFINITION OF MISCELLANEOUS FUNDS USED IN CALCULATING FOUNDATION FUNDING FOR PUBLIC SCHOOL DISTRICTSChanges the way miscellaneous funds are used to calculate foundation funding from using the average of five school years to the sum of the previous school year and multiplying it by the ratio of the URT and the district's total millage rate.  
HB1006AbernathyTO PROVIDE FOR A CONSISTENT RATE OF INCREASE TO THE SALARIES OF CLASSIFIED SCHOOL PERSONNELModifies the rate of increase to school personnel from using the consumer price index to the % by which the GA increases the teacher salary component of per student foundation funding. The teacher salary component is to be calculated using a statewide average teacher salary, employment benefits, and health insurance costs  
HB1007AbernathyTO ALLOW STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION TO COMPENSATE NONCLASSIFIED EMPLOYEES FOR UNUSED SICK LEAVE AT RETIREMENTAdds nonclassified employees at two and four year instutitions to AGFC employees, AHTD employees, and employees of all state agencies as employees who can be compensated for unused sick leave when they retire  
HB1008GreenTO AMEND ARKANSAS CODE 9-13-103 REGARDING GRANDPARENTS VISITATION RIGHTSClarifies that the primary custodial parent is the parent authorized to grant or deny grandparent visitation  
HB1009GreenTO MODIFY THE REQUIREMENT THAT THREE (3) COPIES OF CERTAIN MUNICIPAL ORDINANCES SHALL BE FILED WITH THE CITY CLERKSets out that three copies of certain ordinances are required to be filed for use and examination for the public with the city clerk only if there is no electronic form of the code available.  


Today's Bill Status

Update: The only bill filed is a shell bill on the implementaiton of the Arkansas lottery by Robbie Wills, Gregg Reep and Bruce Maloch. It was designated HB1002 because HB1001 is traditionally reserved for the funding legislation for the session..


State AARP meets today

I'll provide members of the Arkansas AARP a legislative perspective on the upcoming session during their biennial Advocacy Meeting this morning in west Little Rock. AARP leaders will discuss their legislative agenda for the '09 session, and the meeting will be led by Herb Sanderson, who'll be leading the AARP lobby at the Capitol for the session. Topics will include Medicaid and health care costs, grandparent access, consumer rights, home care access, the security freeze issue, and the Housing Trust Fund.


Two Senates convene today

In Little Rock, The Arkansas Senate will convene this morning for an organizational meeting and to provide orientation to its new members, which include former Rep. Cecile Bledsoe (R-Rogers), former Rep. Larry Teague (D-Nashville), Rep. David Johnson (D-Little Rock), former Rep. Joyce Elliott (D-Little Rock), former Rep. Johnny Key (R-Mountain Home), and Rep. David Wyatt (D-Batesville). The Senate convenes at 9:00 a.m. The pre-filing period also begins this morning at the Capitol.
    
In Washington, The U.S. Senate will convene in a lame duck session to debate a potential stimulus package involving the Big Three automakers. The session takes place under the math of the existing Senate, where Democrats hold an edge of just 50-49 after Obama resigned his seat yesterday. Only one Republican has endorsed the plan. President Bush has said that money is meant for the financial services industry, to keep banks solvent and credit flowing, and not for manufacturers. The House will convene Wednesday.


Sunday, November 16, 2008

Historic Arkansas

Lori and I drove up to Little Rock last night for the Historic Arkansas Gala at its downtown museum. I hadn't planned on spending any money but came home with this painting of the Capitol. There was a lot of money raised, all of which goes towards Arkansas-made art and objects for the museum’s permanent collection.

I also got the benefit of hearing some great stories by sitting next to the chairman. Reminder: Pryor will be in Texarkana on Wednesday at 4:00 for a book signing at Opportunities, Inc. (6101 State Line Ave.)


Saturday, November 15, 2008

Top 10 signs you might have a bad bill

Since the pre-filing period opens on Monday, I thought this would be a good time for a top 10 list on legislation. This was sent from a Texas legislator:

Top 10 signs you might have a bad bill

10. The bill draft is sent over from the drafter in a hearse.

9. The Bureau of Legislative Research bill drafter calls you up to ask if you really mean it.

8. Lobby firm who brought it to you has business card that reads "Bad-Bills-R-Us."

7. When asked for names of other members who were shopped the bill first, the lobbyist asks how much time you have.

6. You're supplied talking points for the bill that begin: "Arkansans want a bill on this topic real bad – and I have responded to their call with a real bad bill."

5. Your staff draws straws to see who has to work on the bill. The loser starts to cry.

4. You notice buzzards circling outside your Capitol office window every time you pull the bill out to work on it.

3. The Chief Clerk puts on veterinary cow exam gloves before picking up the bill to file it.

2. The lobbyist calls to clarify what they meant when they promised the bill was "agreed-to." It seems they kinda, sorta forgot to mention this really meant that every interest group in the state had agreed to hate the bill.

1. House votes new rule change to allow speaker to reserve a special bill number for your bill: HB 666.


Looking ahead to 2010

Andrew DeMillo looks ahead at the 2010 races for the seven constitutional offices in Arkansas as well as the re-election bid of Sen. Blanche Lincoln in 2010.


More bridge inspectors needed in Arkansas

After 13 people were killed last year in a Minneapolis bridge collapse, an audit here in Arkansas says we need more bridge inspectors. Most of the department's bridge inspectors are nearing retirement and three of the state's seven highway districts have only one inspector, the audit shows.

Here's more from the Associated Press.


Saturday night in downtown LR

I'm trying to get caught up down here at the office so I can attend tonight's Biennial Historic Arkansas Gala at the Historic Arkansas Museum in Little Rock. All money raised from the silent and live auctions will go towards purchases of Arkansas-made fine and decorative art for the museum's permanent collection.


Friday, November 14, 2008

The impact of change in the Arkansas Legislature

Here's a map showing areas with new representation (in red) either in the House or Senate. 39% of the state's population will have new representation in the Legislature beginning in 2009. 28% of the land area will have new representation. Credit to Shelby Johnson in the Arkansas Geographic Information Office.


Cosmetology Board may be abolished

Also in budget hearings yesterday at the Capitol, the panel recommended that the Cosmetology Board of Arkansas be disbanded and merged with the Health Department. The board has been plagued with problems since I was elected to the legislature (and long before that). Its proposed budget of $764K for fiscal 2010 and $774K for 2011 is funded by license fees and cash funds generated by the assessment of penalties. The board employs 10. Here's more from today's Democrat-Gazette.


On the Beebe budget

The governor released his proposed budget, and like most other lawmakers, I immediately looked for specific items that I'm planning on pursuing in the upcoming session.

Without a recommendation in the governor's budget, every legislator knows that it's an uphill battle to try and persuade 51 House members and 18 Senators to go along with something that's not part of the governor's proposed balanced budget. Not that we should emulate all things Washington, but at there are multiple budget models at that level of gov't to consider so that the Legislature -- the only branch of government authorized to make appropriations -- can consider different ways to balance the same $4.47 billion budget.

• First, the Legislature's first obligation is to provide an adequate education to the state's 474,206 students. The governor proposes a 2% increase in per-student funding, most of which is derived from growth in local property taxes. The education budget received a higher increase in the governor's proposed budget ($290,000) than any other. We'll have to make a determination as to whether that (and other efforts to maintain adequacy) meets the standard.

• Second, I wanted to see some targeted spending to give teachers (both active and retired) some relief on health insurance premiums -- to be exact, I want them to pay the same premium all other state employees pay, which only seems fair (they currently pay almost double). This isn't part of the governor's proposed budget. A boost to teachers would be an economic stimulus in itself because of the sheer number of them in the state, and it would also help to recruit teachers in areas like mine where they'll otherwise stay and teach across the border due to lower health care costs.

• Third, I'm for a further repeal of the grocery tax. It's the most regressive tax on the books, and it is possible to reduce the tax while continuing to provide essential services. There's an argument to be made that this isn't one-time money -- we've continuously accumulated at least $30 million in surplus (equals one penny of the grocery tax) for several consecutive years. Further, why should my constituents purchase groceries in Arkansas when they can just drive across the street and buy them tax-free in Texas? We only have a few grocery stores left on the Arkansas-side, and any tax reduction is actually likely to increase tax revenue in my district because shoppers will come back and shop here. Even in the most difficult of economic times, we've accumulated a budget surplus, and we've done it over several successive fiscal years.

• I could be persuaded to set aside a reasonable portion of the surplus, and I could even support some sort of trigger that would allow the governor to use it under very limited circumstances, or in an emergency. With the current spending down of the Medicaid Trust Fund and with the current economy, it would be wise to have a limited amount of money in the event it is absolutely necessary. But, it can't be called a "rainy day fund" if its purpose is to plug budget holes where needed. Also, because of Amendment 86, this is not as critical since the Legislature will convene at least annually to take up fiscal matters.


Thursday, November 13, 2008

Bill Montgomery on Chuck Dicus

Former Razorback great Bill Montgomery (right) writes a guest column this morning in the Arkansas Democrat-Gazette on the sudden dismissal of Chuck Dicus from the Razorback Foundation. Montgomery chastises the powers that be that made the decision, and the reasons for the change are unknown.

The Razorback Foundation, which believes it is exempt from the state's FOIA even though its primary objective is to raise money to dole out seating for a publicly-owned football stadium, isn't saying. The Foundation is now being run by Harold Horton.


Official revenue forecast

By law, the Director of the DFA is required to present the Official General Revenue Forecast no later than 60 days prior to the beginning of the legislative session. The legislative session is scheduled to begin on January 12, which is 60 days from today, so Richard Weiss will address this morning's ALC/JBC budget hearings. Here's a calendar that'll give you an idea of how the budget process works:



I'll be down in Cass County, Texas this morning, but I'll post a recap of the forecast and a synopsis of the governor's proposed balanced budget as I'm able today.


Animal cruelty legislation

John Brummett recounts a recent conversation I had with Dustin McDaniel on his latest draft of his first offense animal cruelty bill. The latest e-mail campaign questions whether electronic collars and "invisible fences" will subject pet owners to prosecution. Regardless of how the definition is drafted, at some point you have to give the elected prosecutor discretion to determine what's cruelty and what's not. On the other hand, when legislation gives arrest authority to private organizations, these are the questions that have to be asked/remedied before the law is enacted.


Wednesday, November 12, 2008

Arkansas.gov again ranked among nation's top 10 government sites

the Center for Digital Government’s Best of the Web competition again put arkansas.gov among the nation's elite for government Web sites. The Arkansas.gov portal supports 190 state agencies and processed more than 2.6 million online transactions last year. The state portal features more than 550 interactive services, including property tax payments, business tax filings, and criminal background checks. Arkansas.gov was also recognized among eC3's 2008 Excellence Award Winners for the protection and privacy it affords citizen information in its Payment Processor Security Initiative.


Craighead Technology Industrial Park receives $1.6 million grant

The city of Jonesboro has been notified that it is the recipient of a $1.6 million grant from the U.S. Department of Commerce for a rail spur and road improvements necessary for expansion. The announcement was made earlier today by Blanche Lincoln, Mark Pryor, and Marion Berry.


Ban on novelty lighters?

You've probably never given much thought to novelty lighters and certainly never thought that they'd be debated in state capitols around the country. You may remember that we previously discussed a potential ban of them here on the blog. Incoming House member Andrea Lea (R-Russellville) advocated a ban after two young children in Russellville died in a fire started as the two boys played with a motorcycle-shaped lighter.

Some locales here in Arkansas have enacted ordinances banning the sale of novelty lighters. Maine became the first state to ban them earlier this year. Now, a bill has been filed in the Texas legislature to ban them (and in Tennessee as well). Whether you think it's a good idea or an unnecessary intrusion by the government, this is a trend that is picking up steam. I'll be interested in seeing whether Lea or other legislators file legislation here in Arkansas on this issue.


One benefit of governing in the South

Cold-weather states are finding that the hundreds of thousands of tons of salt to keep roads and highways safe this winter will cost at least twice as much as last year. Governments that are already in tight spots are having to decide whether they can make due with less salt.

It'll affect governments in Arkansas, but not as much as other states. Some states like Wisconsin are planning on changing the way they clear roads by using a de-icer. The increase in the price of salt is being blamed on a shortage due to bad summer weather.


PAC-Northwest Arkansas -- UPDATE

Skip Rutherford and Bruce Lindsey, members of President Clinton’s transition team, will talk about what President-Elect Obama faces over the next 10 or so weeks at tomorrow's meeting of the Political Animals Club of Northwest Arkansas in Fayetteville. Any reports welcome.

Update: Here's an account from Doug Thompson (with permission) that didn't post to the Morning News site (thanks, Morning News):
By Doug Thompson
The Morning News

FAYETTEVILLE - Barack Obama has a politically effective, direct connection to voters though e-mail and the Internet unlike any president seen before, advisers to former president Bill Clinton said Tuesday.

“Obama's database has 10 million e-mail addresses in it. He got 60 million votes, so he's in direct contact with a large part of his constituency,” said James L. “Skip” Rutherford, dean of the University of Arkansas’s Clinton School of Public Service in Little Rock. He and Bruce Lindsey, director of the Clinton Foundation and former White House director of personnel, spoke to the Political Animals of Northwest Arkansas on Tuesday at the Clarion Inn in Fayetteville.

“What newspapers were to President McKinley, what radio was to Franklin D. Roosevelt and what television was to John F. Kennedy, technology will be to Barack Obama,” Rutherford said. He and Lindsey also spoke Monday at a political science class taught by former Sen. David Pryor at the University of Arkansas.
Remainder on the jump.


Beebe to release recommended budget tomorrow

The governor's proposed budget will be presented Thursday, and his first proposed budget in 2006, he'll likely back the use of a "rainy day fund" for a portion of the surplus. That's all he's going to reveal publicly until tomorrow. Here are reports: Arkansas News Bureau; Associated Press.


Crawford County Courthouse Vandalized

This one was e-mailed to me by Rep. Rick Green (R-Van Buren) yesterday afternoon. The Crawford County Courthouse (thought to be the oldest active county courthouse west of the Mississippi River) was broken into and vandalized, with just about every office being damaged. Interior doors and interior windows were broken throughout the building.

Police are looking for Anthony Duane Fisher, who was identified by law enforcement from a surveillance camera. The Morning News has more this morning.


Tuesday, November 11, 2008

House Chaplain named for the 87th General Assembly

Speaker-designate Robbie Wills (D-Conway) has named the Rev. E.C. Maltbia of Conway to be Chaplain of the House for the upcoming session. Wills believes Maltbia to be the state's first African American chaplain.


Salute to veterans

Thank you, veterans. I enjoy freedoms each day due to the commitment and sacrifices made by you and your families. That includes my dad (U.S. Army, served in Vietnam) and both my grandfathers (U.S. Army, maternal grandfather remained stateside due to a glass eye and paternal grandfather served in Pacific Theatre and in N. Africa in WWII).

Dad in Vietnam
Paternal Grandfather
Maternal Grandfather

The Arkansas Department of Veterans Affairs Veterans Day ceremony will take place at 11:00 a.m. this morning in the 2nd floor rotunda of the State Capitol.


From minority to majority leader

My friend and colleague in the DLC Fellowship program Malcolm Smith of New York (pictured) is poised to become the Senate Majority Leader in that state after Democrats captured control of that chamber for the first time since 1966. "After 40 years in the wilderness, we are now in charge of the New York State Senate," he said. Smith was elected minority leader in 2006 and spent a weekend here in Arkansas last winter visiting the Governor's Mansion and learning about Arkansas politics. He currently has 29 votes for majority leader and needs three more to seal the position.

Other legislative chambers that switched control on Tuesday include the Delaware House, Ohio House, Wisconsin Assembly, and the Nevada Senate (all to the Dems). Republicans captured the Oklahoma Senate, the Montana Senate, and both chambers in the Tennessee Legislature. The Alaska Senate now has shared control by both parties.


Monday, November 10, 2008

House committee memberships

House Standing Committees (opens .pdf in new window)
Audit/Council/Budget membership (opens .pdf in new window)


New lawyer in town

I'm busy training our firm's new attorney today, George Matteson. To give you an idea of how incestuous the Arkansas blogosphere is, George's sister is Dave Kinkade's girlfriend (better known as APG on The Arkansas Project). George's mom is Blanche Lincoln's state director, and he's my second cousin. George comes to us after practicing law in Florida, and he'll hopefully be able to help keep me afloat during the legislative session.


On annual sessions

Best idea heard at the Capitol last week is to continue biennial appropriations as always. In order to comply with the language of the new annual sessions amendment that states that no legislative appropriation shall be for a period longer than one year, the appropriations will only be funded for one year. In the even year sessions, unless there are circumstances that require modification to the funding, the legislature should just come in and confirm the appropriations and adjourn. Feasible? Regardless of how it's done, the first even year session is likely to set the procedure/tradition for annual sessions.


Women in the Legislature

The Democrat-Gazette noted over the weekend that Arkansas now has more women (32 of 135 or 24%) than ever and more than any of our neighboring states. New Hampshire's State Senate is now the first legislative chamber in history to be majority women. In contrast, both the United States Senate and House of Representatives are 17% female.

To see the most comprehensive site on women in Arkansas politics, check Rep. Lindsley Smith's women legislators project. She has single-handedly tracked down every woman to ever serve in the Arkansas legislature (and posted photos of all of them except one). It's a work in progress, especially considering that Arkansas just elected 18 more women to the House.


Saturday, November 8, 2008

Saturday Weekend after the election

I've had this one circled for a while. Unlike 300,000 other Arkansans, I won't be in a deer stand this morning. Lori's in Little Rock, so I'm going to straighten up my end of the closet, finish up my to do list at the office, close down the local party HQ in my downtown building, and get a head start on preparing for the upcoming session. I'm going to Conway this evening to have supper with the Wills and others, and then I'm in need of spending time preparing for church since I'll be the lay speaker on stewardship in the morning. Right now, though, I'm going to lace 'em up for a 10-miler.

There is a lot going on in the district:

(1) We're finalizing our "package" as a community to try and keep Cooper Tire and its 1,400 jobs here in Texarkana. We're on a tight time frame, and it's been fascinating to see different sectors of industry and the community come together for the workers and the company.

(2) As is the case with border cities, we often find ourselves competing with the Texas-side of Texarkana for business (and a larger tax base). This one's been brewing for a while, but it finally hit the front page this morning. A developer that has been in discussions for over a year to build a hotel and convention center on the Arkansas-side has pulled up stakes and will now build it on the Texas-side.

Here's the front page headline. Now the Arkansas-side has to determine whether to recruit another developer and to consider a competing convention center on this side of the state line.

(3) Rep. Johnnie Roebuck (D-Arkadelphia) is in the district today to lead a class on leadership for the school district (updated with pic).


Friday, November 7, 2008

Preparing for the 87th General Assembly -- UPDATE III

House Parliamentarian Tim Massanelli announces the procedure to determine seniority


Here's a grainy picture of Speaker-designate Robbie Wills (D-Conway) welcoming new members of the Arkansas House last night. We're here at the Capitol this morning to find a place to sit (drawn by seniority) and to select committee memberships for the upcoming session that will begin on January 12.

First order of business is for the incoming members to draw for seniority. In the era of term limits, there'll routinely be 35 or so new members in each biennium, so seniority for the "class" of new members is determined by drawing a number out of a shoe box. I'm still paying for my draw. Since I represent District 1, I was the first to draw a seniority number back in 2004, and I drew 99.

I'll post the committee memberships once they're determined today, and I'll also post the results of the elections for majority leader, majority whip, and other officers of the Dem caucus. We'll also select the House chair/vice chair of budget today. Wills has recommended Rep. Bruce Maloch (D-Magnolia) to be budget chairman.

Update: Seniority has been determined and is on the jump. Click here for the seating chart (opens .pdf document in a new page).

Update II: Here are the new caucus officers for the upcoming session:

Majority Leader: Steve Harrelson
Majority Whip: Kathy Webb (won in a contested election)
Secretary: Nancy Duffy Blount
Treasurer: Gregg Reep

Here's a picture from the caucus meeting:



Update III: Committee selections have been determined but won't be available until Monday (chairmen and membership of the select committees won't be known until January). I'm on Judiciary and State Agencies/Governmental Affairs. The House chair of Joint Budget will be Rep. Bruce Maloch (D-Magnolia), and Kathy Webb (D-Little Rock) was elected House vice chair of Joint Budget.


Political Animals Club

Great program yesterday at the Political Animals Club meeting at the Governor's Mansion. It was interesting to hear John Brummett's take on the election in terms of the results nationally and here in Arkansas. Here's a pic I snuck while Pryor Chief of Staff Bob Russell was speculating on the composition of the U.S. Senate (pictured here from left are former Governor Tucker, Governor Beebe, and AG Dustin McDaniel).



The award for the farthest traveled goes to John Stokel-Walker, a City Councillor from Newcastle-upon-Tyne, England. Here he is with Mary Steenbergen. Political Animals is chaired by Steve Ronnel, the former Pryor adviser/top White House aide during the Clinton administration.