Jay Bradford named as insurance commissioner

Governor Beebe will appoint Jay Bradford of Pine Bluff as Commissioner of the Arkansas Insurance Department. The appointment will take effect on January 15.

For the past two years, Bradford has served as Director of the Division of Behavioral Sciences at the Arkansas Department of Human Services. Prior to that, Bradford worked in the insurance industry for more than four decades, including 30 years as founder and chairman of First Arkansas Insurance Group in Pine Bluff. Bradford also served more than two decades in the Arkansas Legislature, chosen both as Speaker Pro Tempore of the House and President Pro Tempore of the Senate.

Bradford will replace Julie Benafield Bowman, whose resignation takes effect today. Beebe will appoint Lenita Blasingame of El Paso, a 43-year veteran of the Arkansas Insurance Department, to serve as Interim Commissioner until Bowman’s term officially expires on January 14. Blasingame will return to her position as Chief Deputy Commissioner once Bradford is sworn in. Bradford's appointment will expire January 14, 2013.

SWEPCO seeking to rebuild Ashdown plant

Roby Brock reports this morning that SWEPCO has filed an application with the PSC to rebuild its Ashdown transmission plant – Patterson station – for approximately $12.4 million. SWEPCO projects a life expectancy of 42 years for the proposed Patterson Station facilities.

SWEPCO has made headlines in the state throughout the application process for its coal-firdd plant in Hempstead County (and its proposed rate increase), and its reputation varies depending on where you live and where you get your news. The company is held in high regard in most of southwest Arkansas, where some residents who call here feel ignored by and displaced from the rest of the state. To them, SWEPCO has been one of the few companies willing to invest money and jobs into the region, and the environmental debate has not registered as high here as it has elsewhere.

Yesterday's challenge of Act 1 makes the NYT, WP

Andrew DeMillo's Associated Press report of the Arkansas ACLU's challenge of the initiated act prohibiting unmarried cohabitants from adopting or serving as foster parents went national in this morning's paper, making the front sections of this morning's New York Times and Washington Post. The group filed the lawsuit on behalf of 29 adults and children from more than a dozen families, including a grandmother who lives with her same-sex partner of nine years and is the only relative able and willing to adopt her grandchild, who is now in state care. The law takes effect on tomorrow.

Wrapping up the 2008 running log

Sorry for the lack of posting for the last couple of days. I'm tryign to wrap up my law practice for the upcoming session and haven't had much time to post. This blog will pick back up in the coming weeks as the session convenes. I did log my last five miles of 2008 this morning for an even 925 miles for the year. You know what that means -- I have to run 1,000 for 2009.

Best running partner: Robbie Wills got me out of bed for runs in DC, Denver, and Turkey when I would've otherwise preferred to blog/drink coffee.
Most scenic run: Izmir, Turkey
Most inspirational run: Miles 16-19 of the Marine Corps Marathon through Washington
Most difficult run: Miles 22-26 of the Arkansas Marathon
Hottest run: 101 on the day after I got back from three weeks in Cambridge, Mass.
Hottest bike ride: 95 for the Hotter'N Hell 100 in Wichita Falls, Texas

A calculator tells me that 925 miles is roughly worth 30 pounds (assuming a mile burns ~115 calories and 3,500 calories=1 lb). That's pretty depressing considering I'm basically the same weight as I was on January 1. Also, virtually all my calories came from food -- I didn't drink any non-diet soft drinks or alcohol in 2008-- only water, gatorade, coffee, a ton of diet cokes, and a nominal amount of juice/milk. That means I need to rachet down my eating, which for me is more difficult than logging that thousand miles that's ahead of me. Here's to a productive 2009 on the running trail.

New Year's Eve in Miller County

It may not be the most exciting New Year's Eve in your lifetime, but you're invited to the swearing-in ceremony at midnight tomorrow night of Sheriff-elect Ron Stovall at the Miller County Jail. County Clerk Ann Nicholas will also be sworn in, as will other county officials. Swearing in of the Fouke elected officials will take place at 10 a.m. Thursday at Fouke City Hall, and a regular swearing-in ceremony will be held on Friday, January 2 at 10.a.m at the Miller County Courthouse.

Campaign finance laws around the country

Arkansas has always had contribution limits that keep individual donors from contributing extremely large sums of money to campaigns (unless, of course, you consider the fact that a donor with multiple business organizations can contribute through each of them). Across State Line Avenue, there are no contribution limits. Likewise, in Illinois, there is no cap on the size of donations that individuals can give to politicians. Among the charges prosecutors filed against Illinois Gov. Rod Blagojevich (D) Dec. 9 are allegations that he offered lucrative state business and other benefits to people who handed over big bucks for his campaign. This is one reason contribution limits are good public policy here in Arkansas. Here's more from Stateline.org.

Lifetime salaries for mayors coming to an end?

Fayetteville aldermen are asking the legislature to revisit the state law that requires cities of the first class to pay their mayors 50 percent of their ending salaries each year for the rest of their lives after they retire with at least 10 years of service. Senator Sue Madison (D-Fayetteville) and Rep. Jim House (D-Fayetteville) are looking into changes.

Trying out the new bike

I joined Team Edge for a 30-miler this afternoon in the biting wind. It wasn't so bad going east, but coming into the wind was a different story. Much colder than yesterday. The new bike (a Cervelo P3C) fits like a glove, but my tongue was still hanging out trying to keep pace with these guys.

DeMillo: Session will test Beebe's approach

Here's a link to Andrew DeMillo's weekly column. It'll be hard to top the governor's first legislative session (and biennium) in office, and he heads into his second legislative session with a smaller surplus and a weaker revenue forecast, but an equally ambitious legislative package.

Deep in the heart of Texas -- UPDATE

If the lightning stays away, I'm headed out for a 16-mile run in an hour, then I'm driving to Austin to pick up a new triathlon bike.

Update: Made it there and back and even stopped by Texadelphia for a cheesesteak -- the best west of Philly. Here's a picture of the Christmas tree and manora at the Texas Capitol from 10th and Congress.

Governor Beebe reflects on 2008

Click play on the console below:

Key, Baird discuss the upcoming session

Senator-elect Johnny Key (R-Mountain Home) discusses the upcoming session in today's Baxter Bulletin. Key looks at annual sessions, the lottery, education and the economy. He expects us to be pushing 90 days in the upcoming session. Key previously represented District 81 in the House and served as minority leader. His view on the Senate: "Where you are one vote of 35 instead of one out of 100," Key said, "it takes on more significance. I am looking at certainly a larger number of constituents and a larger range of issues when dealing with three counties and cities in those counties. But also, senators have to take an even more of a statewide view on things than I had as a representative."

In today's Benton County Daily Record, Rep.-elect Duncan Baird (R-Lowell) discusses his policy of not accepting gifts from lobbyists. It's a noble policy and one that is tough to abide by. As funny as it sounds, you really have to work at it not to accept gifts. For instance, it's pretty routine to show up at a legislative event with other House and Senate members only to find out that the meal is "sponsored" by an organization. I guess you either bring along a candy bar or just don't eat. Members will also receive trinkets in the mail throughout the session like pocket calendars, etc. I wish him well with it, and maybe it will catch on. Only a few states have enacted the "no cup of coffee rule," which is the gold standard of ethics policy.

Birmingham Race Course wants to pattern itself after Oaklawn/Southland

Until Arkansas voters passed the lottery proposal last month, Arkansas and Alabama had a lot in common in the gambling arena: besides bingo and parimutuel betting at tracks, it was prohibited. In order to increase revenue, officials at the Birmingham Race Course have been considering ways to expand gambling operations. They're in the process of implementing a type of "sweepstakes" that involves gamblers betting on a machine showing old horse races, with a little bit of handicapping info upfront but no idea which race they're actually betting on. The race plays out in digital format on equipment that looks and sounds like a slot machine.

They've heard from officials here in Arkansas that tell them the 350 Instant Racing machines bring in more than $17 million a month in wagers. That's more in one month than the amount bet all last year on live dog races at the Birmingham track. It's an idea that they believe will bring life back to the track and keep its customers in Alabama rather than Mississippi. Here's more from this morning's Birmingham News.

Christmas dinner

No prime rib here. Exhausted, we threw together one of our favorite dishes from our days struggling through law school -- chili mac. Scraps to Libby.

Life is good.

Time for Crosby and Cole Rose and Perme

We've been hard at it. Camille's down for the count, and we almost have the house back in order.



A little news: An Amber Alert was issued for a missing baby Ft. Smith this morning. The child was later recovered unharmed after police arrested two teen girls who ran away from a Fort Smith emergency shelter with the child.

Christmastime in Arkansas

Merry Christmas

Hope you enjoy yours. I'm putting on the coffee, and we're still waiting for Camille to wake up.

Update (7:30 a.m.): Camille finally rolled out of bed. Seeing her eyes light up at the top of the stairs made Christmas for me. We've gone through the gifts and are now making some cinnabons and a sausage roll and are looking forward to seeing both sets of grandparents over here later this morning.

Trying out some new technology

Beautiful day for a run, and I've been looking for any excuse possible to try out the streaming cell phone video technology from qik.com, so I took my iPhone out on an 8-miler this afternoon after we closed shop.

I got the idea from Kristin Fisher and hope to use this at some events to live stream news to the blog. It doesn't work that well here, but I'm still trying to work out the kinks.

Oklahoma legislator tours Nuclear One in Russellville

Chris Benge, speaker of the house in Oklahoma, toured the Arkansas Nuclear One plant last week, and OK state Rep. Mike Reynolds is preparing a bill to streamline Oklahoma's permit process for nuclear plant construction. Benge said that in spite of the high cost of applying for and building a nuclear power plant, the long-term benefits of inexpensive energy could outweigh initial cost concerns.

Toning down inaugurations

With the economy in the shape it's in, many governors who were elected last month have been trimming down on the glitz factor for the balls and events that accompany the swearing-in ceremonies. Facing an estimated $545 million state budget deficit, Delaware’s new governor-elect, Democrat Jack Markell is foregoing the traditional ball and instead is encouraging state residents to volunteer at non-profit organizations and charities the weekend after his swearing-in. Here's more from stateline.org.

On the clock

I'll be around today, but there doesn't appear to be much blogworthy activity. If you're a desperate housewife like the one I live with, though, you'll appreciate this picture of a shirtless Obama in Hawaii.

Providing for the electronic publication of the Arkansas Reports

I pre-filed HB1033 yesterday, which gives the Supreme Court Reporter the authority to publish and distribute opinions in the format directed by the Supreme Court and Court of Appeals. It will also require that the reports be made publicly available for viewing at no charge via the Internet.

Legislation over on the Texas-side

One of the major news stories down here this month is the December 3 beathing death of a teenager adopted from state custody in Cass County, Texas (30 miles south of Texarkana). The adoptive mother is accused of confining the adopted child to his room the day after Thanksgiving because he allegedly made her "lust." The teen was bound with large zip ties, deprived of food and bathroom privileges and beaten with a variety of household objects before he died, according to an affidavit.

This has prompted Texas state Rep. Stephen Frost (D-Atlanta) -- my colleague across State Line Avenue -- to draft a bill that will make psychological screenings mandatory for those who want to adopt children from foster care. Here's more from the Texarkana Gazette.

Life changes for Debbie Broadway

Here's a great story from the Benton Courier on Debbie Broadway -- wife of Shane -- in her life coping with MS. Not too many people are as politically astute in the state as Shane Broadway, but she gives him a run.

Stocking stuffer

Looking for a last minute gift for the stocking? Here's what was hanging in mine at my parents' house last night. Capture Arkansas is a coffee table book presented by the Democrat-Gazette chock full of photography of the Natural State.

The book contains over 1,500 pictures ranked by us -- Arkansans. It also comes with a DVD containing slideshows of the contributors.

Scholarship side of the lottery

Of the two components of the Arkansas Scholarship Lottery Act, the scholarship side has garnered much of the press over the last couple of days. Here's a research memo on the scholarship component that has been distributed to all members of the House from Speaker-designate Robbie Wills.

Sing for your supper

Lori and I received a visit from the FUMC Youth over the weekend, and they caroled for their supper here.

Last minute visit with Santa

Here's one three year-old who can't wait until Thursday morning -- so long as she doesn't have to sit in his lap when he shows up.

Judge won't order state to reveal computer sites

Pulaski County Circuit Judge Marion Humphrey declined to order state officials to reveal which state computers were used to edit Wikipedia entries about Gov. Mike Beebe, former Gov. Mike Huckabee and another former elected official yesterday. It's my belief that it could be very difficult to determine which computers were used if they were in the Capitol. I believe that there are only a few IP addresses designated inside the building, but there may be other ways to make a determination. All connections in the House of Representatives and the Senate have one IP address (170.94.58.9), and most other computers inside the building have the same IP address. Suit was brought last year by members of the Associated Press, and they're seeking information on specific computers, not IP addresses. Yesterday's ruling cited security concerns, but (admittedly without hearing all the testimony) I'm not sure how divulging the information sought could compromise the network. Here's more from the Washington Post.

DeCample has home burglarized for third time

Governor Beebe's spokesman Matt DeCample had his Stifft Station home burglarized for the third time in three years last month. Ouch. Here's more from the Democrat-Gazette.

Incoming Springdale mayor: Legislature should look at Streamlined Sales Tax

Springdale is seeing its lowest sales tax collections since 2003, and incoming mayor Doug Sprouse blames the 2003 Streamlined Sales Tax Act for the sluggish revenue. The act includes a requirement that taxes on delivered goods be collected where the goods are delivered, not at the point of sale. That means that communities whose largest manufacturers and retailers ship goods out of the municipality will suffer. Seems to me that you'd want to attract manufacturers to create and export goods to reward your town and Arkansas, not to help other towns in other states. Here's more from the Morning News.

Broadway receives Jack Evans Leadership Award

Former House Speaker and current State Sen. Shane Broadway (D-Bryant) was honored yesterday with Jack Evans Leadership Award. The award, named after the late Sherwood mayor, is conveyed every year to an individual or organization for “outstanding public service in advancing sound planning and intergovernmental cooperation in central Arkansas.” Here's more from the Democrat-Gazette.

Southwestern Energy will build regional HQ in Conway

Southwestern Energy, a major player in the Fayetteville Shale region, will build a $25 million, 100,000 sq. ft. regional headquarters at Hendrix College’s The Village property. Look for 200-250 new jobs. Here's more from Roby Brock's BizBlog.

Cooper front pages

Texarkana Gazette


Northeast Mississippi Daily Journal (Tupelo)


Findlay, Ohio Courier

Texarkana Gazette early editorial: Our relief is another town’s grief

Here's the link.

BREAKING: Cooper to keep Texarkana plant open

Cooper Tire has announced that it will keep its Texarkana plant open, and it will close the plant in Albany, Georgia. My thoughts and prayers go to the families affected by the plant closure in Georgia. We know this could have been us and we're grateful for our jobs.

This was a community effort, and lots of people deserve accolades for their work on this matter, including local leaders at Cooper Tire, Chamber officials Jerry Sparks, Jeff Sandford and David Haak, and local, state and federal officials, including Mayor Horace Shipp, everyone at AEDC, and Governor Beebe. Here's more from the Associated Press.

Update: Reasons why Albany was chosen:

In the 10 point study analysis, Albany fell far short of the other 3 plants in these critical areas:

• Closing Albany results in the largest and fastest savings due to its high variable costs.
• Albany’s last 12 months conversion costs are significantly (more than 20%) higher than the next highest plant.
• Albany’s best case, long-run conversion costs still do not eliminate the gap with other plants.
• Despite having the greatest improvement potential, Albany’s gap does not close in the long run when compared to the next highest cost plant.
• Georgia package was insufficient to overcome the cost differential.

Cooper says that even if:
•…100% flawless execution of $44 million in conversion cost improvement projects and…
•…15% of the workforce in Albany was reduced with the same amount of production and…
•…15% wage reduction and …
•…the Georgia financial package was $30 million…

The cost structure would not improve enough for Albany to remain open.

Update II: The current Albany production will be distributed to the other three plants, and the equipment from Albany will be moved in accordance with the remaining plants' needs, strengths and capabilities.

Update III:The company told workers today that the three remaining plants would move to around-the-clock production, seven days a week, and that staff may be added.

Cooper Tire plants may learn fate today

1,500 Texarkana families await word. A 9:00 conference call is scheduled at the plant.

Other perspectives:
Tupelo, Miss.: Cooper Tire chiefs, employees to meet today about future
Tupelo, Miss.: Cooper Tire decision Wednesday?
Findlay, Ohio: Cooper Tire & Rubber Plant update
Albany, Ga.: Will efforts to keep Cooper in Albany work?
Albany, Ga.: Stone upset over television coverage

Inclement weather policy to remain in effect today

State operations will again be delayed until 10:00 this morning due to continued icy conditions in parts of central Arkansas. I ended up making it to Little Rock yesterday afternoon, and all four of my meetings were canceled, so it was a quick trip. The bridges were as bad as advertised.

State offices to open at 10:00 a.m.

We didn't get any weather down here, but for those of you north of about Arkadelphia, be careful out there. Under the state's inclement weather policy, the governor stated this morning that state operations in Central Arkansas will be delayed until 10:00 this morning due to icy conditions in parts of the region. State and local police say that extended dry patches of roadway are giving drivers a false sense of security that normal speeds are safe. This is not the case in many areas. Locally, we remain under a winter storm warning until noon.

I need to be up there this afternoon -- what's it looking like in Pulaski County? I got a report that 430 and 630 are in "deplorable condition."

Streaming the electoral college vote in Arkansas

The Arkansas Electoral College will meet at 10:00 a.m. this morning in the Old Supreme Court Room of the State Capitol to formally cast our six electoral votes for Senator John McCain and Governor Sarah Palin. The vote, which is epected to last a little over an hour, will be broadcast live by AETN on arkansas.gov.

Industrial strength poker

Les Minor considers the efforts of Texarkana, Tupelo, Albany, and Findlay as the four communities work to try and keep their respective Cooper Tire plant open.

4th windmill operation in Arkansas?

Gov. Beebe hinted earlier today that Arkansas could become the site of a fourth windmill manufacturing operation while announcing an initiative with the Clinton Foundation to make Arkansas buildings more energy efficient. The only further elaboration is that it would be for "another part of the state."

Here's more info on the initiative from the Clinton Foundation. Joining Beebe were former President Clinton and Rep. Kathy Webb.

Cooper Tire workers to vote on concessions today -- UPDATE

Members of the Steelworkers Local 752L union will vote today to accept or reject a contract to reduce the costs of operating the Texarkana Cooper Tire plant. The voting hours are from 7 a.m. to 3 p.m. at the union hall near the plant. We'll know the outcome shortly thereafter.

Update: The measure passed overwhelmingly by a percentage of 84%-16%. The AP has a report.

In-state tuition statute faces challenge in California

California is one of 10 states that provides (with a hook) in-state tuition to children of undocumenteds. The Cal statute is on its way to the California Supreme Court after a lower court found that it violates a 1996 federal law banning states from giving undocumented college students benefits they don’t offer to all U.S. citizens. The court will decide whether to hear the case within the next few weeks. Here's more from stateline.org.

Wall Street in the wake of the failed auto bailout

The DJIA is down over 100 points in the first 10 minutes of trading this morning. Last night's 52-35 roll call vote in the U.S. Senate can be found here.

Four Dems voted no on the procedural measure to bring the matter to a vote, including Blanche Lincoln.* 10 Republicans voted for it: Bond, Mo.; Brownback, Kan.; Collins, Maine; Dole, N.C.; Domenici, N.M.; Lugar, Ind.; Snowe, Maine; Specter, Pa.; Voinovich, Ohio; and Warner, Va. 12 didn't cast a vote. A sticking point with the Republican leadership was the UAW's failure to accept reductions in employee compensation.

*- Senate Majority Leader Harry Reid voted against it in order to preserve a parliamentary maneuver which allows him to reopen the vote at a later time.

Texarkana steelworkers reach tentative agreement: UPDATE II

Local union leaders and management did their part to try and put the local Cooper Tire facility in a more competitive position as Cooper continues plans to close one of its four U.S. facilities. Some details will be released tomorrow at an event in Texarkana, and the union members will vote Saturday on the renegotiated contract. Here are a couple of reports: Associated Press, Texarkana Gazette.

Update (Friday): Here's the Friday Texarkana Gazette article.

Update II (Friday afternoon): The Associated Press posts an updated report from local union president David Boone on the concessions being proposed by union leadership. The proposed concessions include no general wage increase and a choice of health-care plans. It also calls for a one-year pension freeze to allow the company more time to pay into the program. Boone said the company wanted to eliminate $36 million in costs to operate the plant, adding that the proposed contract helps Cooper Tire come close to reaching that goal.

Betty Rutherford passes away at 110

Blake Rutherford's great-grandmoth passed away today at the age of 110. William McKinley was president when she was born in 1898. Blake offers a very moving memorial on his blog: Blake's Think Tank. My sympathies to you, your parents, and your family.

Prefiled HB1021: Move the presidential primary back to May

A bi-partisan bill was filed today (Reps. Woods, George) to move the presidential preferential primary back to May. I'm for it. It'll save the state money, and the '08 elections created some different dynamics for the downballot races that many didn't foresee. This won't have much of an effect on our (D) elections for eight years, but the sooner, the better.

Rent-a-womb surrogacy in Arkansas

The Arkansas Legislature is likely to take up the existing law on parentage in the upcoming session to clarify whether it should be limited by medical advances. For instance, a surrogate can expect to be compensated up to $20,000 in today's market. As it stands, assisted reproduction is entirely unregulated in Arkansas. Phil Carroll of the Rose Firm points me to this Tuesday article in the Wall Street Journal, which described it as a class-and-gender minefield.

This could be of particular importance with the passage of Initiated Act No. 1. It's a controversial subject, but unmarried cohabitants can easily subvert the adoption/guardianship issue by obtaining children through surrogacy or gestational agreements, which don't require adoptions or letters of guardianship. Look for this to be a loophole that is targeted for an initiated act if it's not addressed in the next legislature. The uniform law that has been debated by many states includes a clause that has been adopted in Texas and Utah that addresses surrogacy contracts. One thing is for sure -- a child born under these circumstances is entitled to have his or her status clarified, but the libertarian in me says that regulating these types of things is none of the government's business.

Back to the bayou: UPDATE III

One of the problems with maintaining three law licenses is taking care of the continuing legal education in each state. Compounding the problem is that Louisiana, much like everything else, requires some different CLE requirements than other states. That means that I take an annual trip down here just before the end of the year deadline to get my 12.5 hours. It's particularly difficult right now with the approaching session.

I signed up for a legislative update at the Louisiana Capitol in Baton Rouge for today and tomorrow, and this one is appealing in part because it's free to legislators. I figured that meant "free to Louisiana legislators," but the woman on the other end of the line in Baton Rouge told me to come on and that "something will work itself out." Not sure what that means, so I brought a check anyway. The first program starts in a couple of hours in the Capitol and will cover recent developments to both code (patterned after the French Code Napoléon) and what is termed "non-code."

It's actually snowing down here, so I'm glad I made the drive down last night rather than waking up early and coming in. As dry as the subject matter may be, I'll post some updates periodically. Plus, as peculiar as the law may be, it's always good to keep tabs on the work of other legislatures. As you probably know, Louisiana law is based on civilian law rather than the English common law. Civilian law is based on the drafting of legal code which is passed into law by the legislative branch. It is then the judge's job to interpret that intent more than to follow judicial precedent. In other words, a judge in Louisiana decides a case based on his or her own interpretation of the code and not those of prior courts. The other forty-nine states use a system of English common law based on court precedent. Laws and statutes are interpreted, and the ruling of one judge may influence or even control the ruling of another judge. With the passage of uniform laws in Louisiana, though, we're beginning to see fewer differences between the two court systems. Still, so long as the Louisiana Code is derived from civilian law, it will remain unique to the American legal system.

Update: Here's a picture taken this morning:



A word about the Capitol: it was commissioned by Gov. Huey Long -- the Kingfish -- to be the tallest Capitol building in America. He had it built in nine months. Four years later, he was assassinated in it. You can still see a bullet hole on the first floor of the Capitol.

It's apparent that these cajuns aren't used to driving in this weather (of course, I'm not either). The roads are parking lots, and not unlike southern Arkansas, there are plenty of guys in four wheel drives driving around hoping to find someone stuck to give them an excuse to use their winch -- even though this would be considered a dusting of snow in most places of the country. Here's the House committee room where the legislative CLE is taking place. For those of you familiar with our committee rooms, this is quite a contrast:



A few things of note: (1)the SWEPCO rate increase request in Arkansas made the scroll bar here on Baton Rouge morning television; (2) Congressman Mike Ross sent out a release this morning outlining his position on the auto bailout legislation in the wake of its passage in the U.S. House: Click here.

Update II: Here's the Louisiana House Chamber:



Update III: Bobby Jindal's crib:



Catching up on some e-mail, I see that I forgot to mention the two sales tax proposals that were on the ballot earlier in the week. Incoming Rep. James McLean (D-Batesville) notes a larger turnout than expected in Independence County, where the increase passed easily. Here's more on that vote. A similar vote in Jefferson County failed, and much of the leadership in Pine Bluff were against that proposal.

Cooper Tire Steelworkers in Ohio ratify pay cuts

The only union facility of Cooper Tire's in the U.S. other than the plant in Texarkana saw its local union accept a an agreement struck between labor and the local administration to take a cut in pay in hopes of saving their jobs. The local union in Texarkana has not made such a move. The Ohio agreement comes as the Findlay, Ohio-based tiremaker is planning to close one of its four U.S. plants because of slumping demand for tires and higher production costs.

Rod Nelson, president of United Steelworkers Local 207L in Findlay, Ohio said that the workers weren't happy with the renegotiated contract. “We voted to save our jobs,” he told the Associated Press. The company’s decision on which factory to close, Nelson said, will probably come down to which state offers the most money. “We’ve pitted communities against communities,” he said.

Texarkana Community Clinic ribbon cutting

AHEC-Southwest director Dr. Bill McIntyre discusses the importance of having a clinic that provides a medical home to uninsured, indigent, self-pay and Medicare patients in the Texarkana area. The Texarkana Community Clinic opened in August and will have a special focus on patients with chronic, treatable illnesses like heart disease and diabetes. The clinic is a joint effort between AHEC-Southwest, who is running the clinic alongside its parnter, CHRISTUS St. Michael, who will provide funding of $500,000 to $600,000 this year.

Local layoffs

Alcoa, the world leader in the production and management of primary aluminum, fabricated aluminum and alumina combined, is laying off 60 here at its local plant. News release to be distributed momentarily, and I'll post it once I get my hands on it.

Update: Here it is:

Lower Demand Causes Layoffs at Alcoa-Texarkana

Alcoa’s Texarkana plant will reduce its workforce by approximately 60 employees by the end of January 2009 due to current economic conditions. Operations Manager Michael Leherr said that “The employees at Alcoa-Texarkana have worked hard at reducing costs, increasing productivity, and driving to be competitive in a global market. However, the current economic environment has significantly reduced the demand for our product. Texarkana must align production with current demand in order to keep the business viable for the future. We regret this decision because of the impact to our employees.

Clinton sends letter to Foundation donors

I received my letter from the former President today notifying me that my donation to the Clinton Foundation will be made public. Click the letter to the right for a .pdf version. The letter states in part:

I fully appreciate and respect the fact that as with many other 501(c)(3) non-profit organizations, you may have given to the Foundation with the expectation that you were free to choose whether and how to share the news of your generosity. Given the nature of this historic nomination and the importance of ensuring against even the suggestion of an appearance of a conflict of interest between Hillary's duties and the work of the Clinton Foundation, I am reaching out to you to share our plans for publishing the names of the Foundation's donors.

Snyder baby boys arrive

Congressman Vic Snyder and Reverend Betsy Singleton Snyder along with their 2 year old son Penn welcome the arrival of three baby boys, Aubrey, Wyatt, and Sullivan. They were delivered this morning, and it is anticipated they will do some feeding and growing in the hospital for approximately three weeks before going home.

Judge: Dig up the pipe

Because DeSoto Gathering Company, a wholly-owned subsidiary of Soutwestern Energy, never received permission from the leaseholder of a 10-acre parcel in the northern White Couny before installing a pipeline, it'll have to be removed. White County Circuit Judge Bill Mills first ruled against the leaseholder, then reversed his decision in the leaseholder's favor.

DeSoto obtained permission from the owner of the land to install the pipeline, but DeSoto never contacted the leaseholder, who has a lifetime lease on the property. Here's more from the Searcy Daily Citizen.

How voters receive your message

When it gets right down to the brass tacks, nothing is more important in politics than how your message is received. Drew Westen's book The Political Brain is devoted to the role of emotion in determining the political life of the nation. Westen spoke at the recent leadership conference I attended in New Orleans. I'm looking forward to reading the book. During his address, he related five principles of effective campaign messaging:

(1) Tell coherent stories with memorable phrases;
(2) Control the stories that matter most;
(3) Emphasize your values;
(4) Know what networks you're activating;
(5) Go for the gut. Americans like someone willing to spend their political capital.

He believes Democrats are more apt to present 12-point plans, and he thinks voters couldn't care less about that. Republicans, on the other hand, have cornered the market on values voting. Westen believes there's a way to appeal to both emotions and reason, and he believes that because we're a story-telling species, voters are more tuned in to those types of campaigns rather than a list of facts that lack memorability. Westen says that Democrats have historically tried to appeal more to policy than values and says that if you don't define your values, your opponent will.

Westen cites two predictors of voting behavior: party affiliation and the appeal of individual candidates. 95% of voters, he believes, will vote for the candidate that shares their values, so long as they believe that person will perform the job honestly and competently. He goes out of the way to say that a campaign is far from a debate on the issues, as most candidates want it to be. A campaign, he says, is a set of stories embedded within a values-based, emotionally compelling, master narrative. In other words, an effective campaign moves voters.

Legislative elections today -- UPDATE

Elections will be held to determine the House co-chair of both Legislative Council and Legislative Audit today at the Capitol at 1:00 p.m. I'll post the new chairmen this afternoon.

Update: Thanks to Rick Green for passing along the results:

Audit
Chair – Rep. Johnny Hoyt
V – Chair – Rep. Beverly Pyle

Legislative Council
Chair – Rep. Allen Maxwell
V – Chair – Rep. Nathan George

Legislative orientation

Been out of pocket this morning in court over in Bowie County, TX. The week-long legislative orientation kicked off last night and will last through Thursday at the Capitol. It's a beneficial way for freshmen legislators (and others) to sharpen their knowledge of legislative procedure (especially the budget) before the session begins. Also today, the legislature unveiled a new, revamped website: click here to see it.

Today's Sunday drive

We're wrapping up our final session this morning, and few things are more rejuvenating than looking at the big picture after days of discussing minute policy details. Here are Salt Lake City Mayor Ralph Becker and Chris Coons of Delaware discussing ways to unite leaders from both parties when tackling controversial issues.

I'll be maneuvering through Saints traffic and am headed through Acadiana en route back home. This is one of my favorite drives in all of America, and I'm stopping in Port Barre for the best lunch in all of cajun country. Here's a picture of the trailer out in front of Bourque's Supermarket:

Sen. Mary Landrieu on the next administration

We're spending the next couple of hours with U.S. Senator Mary Landrieu (D-LA) and other leaders on what to expect on the horizon as it pertains to her top priority, education. She's anticipating a congressional fight on education reform and is hopeful that meaningful change can take place in the next four years. She characterized the current public school system in America as a crisis. It's time, she says, to compare our test scores not with other schools within our states but against the South Koreans and other academic rivals for the next generation.

Paul Vallas (far right in the picture above) is the current superintendent for New Orleans recovery public schools. He was charged with taking over academically failing schools in the wake of Katrina and fixing them. He's a firm believer that schools should be provided with a best practices model with a rigorous curriculum, and those that are historically dysfunctional should be converted to a charter school until they become competitive again.

One reason I have trouble synchronizing with this panel is that much of the political oxygen in Arkansas for the last two decades has been spent on Lake View. It's boring and not blogworthy, but after discussing the funding matrix, Vallas says many of the KIPP programs should be included in the funding/Piccus discussions alongside adequacy, like 8 hour school days, longer school years, etc. Is that practical? I'd like to bring him to a committee setting in Little Rock.

Saturday morning in the Quarter

I strolled over to Cafe Du Monde early this morning for a beignet before today's first program on negotiating and positioning in conflicts. While nothing more than a glorified funnel cake, it's just not a trip to NO without getting one. This morning's program reminds of a book I recently read, Executive Intelligence. Being able to recognize underlying agendas, understanding multiple perspectives, and anticipating likely emotional reactions all while maintaining the priority of the underlying issue is a trait that can help break any impasse, whether it occurs in city hall or at the Capitol. We're now discussing specific examples from members where (1) a solution was reached and (2) where talks broke down, sessions were shut down, etc., and what happened in the most critical part of the talks that led to the outcome.

Arkansas Dems convene today to elect executive committee

The Democratic Party of Arkansas will hold its State Committee Meeting this morning at the Wyndham in North Little Rock. The DPA Executive Committee will be elected for 2009-2010. Rep. Kathy Webb will speak on behalf of the House caucus in my absence.

Also today, Secretary of State Charlie Daniels will host the official lighting ceremony for the Arkansas Capitol grounds. The festivities begin at 4:00 p.m., with the official lighting ceremony to be held around 5:30 p.m., followed by a spectacular fireworks display over the Capitol Dome.

Education reform and charter schools

I wish Sen. Bryles were here. This morning's program was an in-depth debate on education reform, and it really challenged those of us who've refused to consider using public funds for alternatives to traditional public schools. We toured one of the KIPP schools here in inner-city New Orleans, and what I saw was amazing.

Teachers here use the Socratic method with 5th graders (the term is actually disfavored -- they refer to themselves as the Class of 2017, which is the year of their anticipated freshman year of college), and the rigorous curriculum requires students to be in class over 50 hours per week. Local autonomy allows teachers of specific subjects to take one day off from teaching every other week to brainstorm with other teachers in the field about what is working and what isn't. 60% of the post-Katrina schools here are charter schools. I'm not convinced that charter schools are a long-term answer, but they're working here, and some of the discussion is fascinating. If nothing else, many of the fundamentals taught here challenge traditional public schools, which can spark positive change within public schools. I'll take this up when I get some time this evening. The next program starts now.

Up next: The perspective from traditional public schools and policy makers in post-Katrina New Orleans. It'll be led by Paul Vallas, quite possibly the nation's most sought after superintendent, who's led the public school efforts in Chicago, Philadelphia, and now New Orleans. The main point today has been that ideas, not broad generalizations of different forms of education, are what matters.

Politics: I come from a teacher household, and my grandmother was a teacher, so I grew up with that perspective. While teachers are one constituency who are generally skeptical of educational reform (or at least many of the proposals historically associated with it), I've always thought that teachers want to do one thing: they want to teach, and they want to do it in a way that is as free as possible of interference from bureaucracy. Administrators are no different. One reason teachers have traditionally opposed some sort of reform is that they've been demonized in the past. People aren't the problem, the system is the problem. Plus, if I've learned one thing, it's that these groups don't like mandates being passed down from policy makers who have no idea how the policies affect classroom education in reality. One problem is that education reform has become so politicized that the mere mention of specific words ("accountability," etc.) will draw fire from both sides. So the way I see it, we can either give up at that point and remain 49th in education, or we can be persistent and find out the real motivation for the resistance to change. What are the fears and concerns that get in the way of change if the object is to bring reform to schools? And are the historic proposals for reform (required testing, NCLB, charters, etc, etc) the best solution to keep us competitive both nationally and globally for the next generation?

Conclusion:

For more than a decade, debating education reform has remained gridlocked. People on the right have advocated vouchers and otherwise privatizing the public school system. People on the left want to pour more money into the current system. We need to find some middle ground and reduce the overregulation. Easier said than done, but at the very least, we can start trying to break the impasse of the last decade.

Even though many of the terms used in the debate are threatening to both sides, one thing is certain: we need to put the interests of kids ahead of the interests of adults.

The strongest argument in favor of some form of permanent change is the underperformance of public schools (especially the bottom third). Closing this achievement gap is the biggest civil rights issue of our time.

There is a risk in breaking out of the current system, but it's not as big a risk as remaining locked in the same impasse we've seen for the last decade.

To stay or not to stay -- UPDATE

Advocates on both sides of SWEPCO's Turk Plant are honing their talking points on the stay of construction associated with the air permit appeal. Ken Smith of Audubon and Glen Hooks of the Sierra Club proclaim that an opportunity exists for APC&EC to exercise environmental caution over development concerning SWEPCO's request to lift the stay. On the other side, a group of legislators are expected to attend today's routine meeting of the ADEQ to show support for the plant and to speak to the issue of whether the construction phase poses an environmental risk that is central to the debate.

Update: Breaking: The Arkansas Pollution Control & Ecology Commission lifted the stay this morning, which allows construction work at the Turk Plant to resume.

How the new majority is handled

Former Clinton policy director Bruce Reed discusses the importance of attaining broad support in this new majority to turn around the economy. Reed suggested that with a Democratic president and wider majorities in both chambers of Congress (and a Democratic majority of governors), we must perform while in the spotlight or we could just as easily lose it all in the next cycle.

He stressed the importance of embracing the good ideas from both parties rather than trying to take credit for every good policy while trying to pin blame on someone else for every mistake. Neither party has a monopoly on good ideas nor the best solutions on every issue, and getting those who disagree on many issues to "buy in" on a solution to any issue is a trait few leaders possess, he said. Reed is the co-author of The Plan with Rahm Emanuel.

Governor announces two big appointments

Steve here relaying a post from the road via cell (I'm pulled over, Rep. Kidd). The Governor made two key appointments this morning:

- The position of the Chairman of the Workers' Compensation Commision is expiring. The current Chairman, Olan "Butch" Reeves, will be appointed to the Arkansas Public Service Commission.

- The Governor will appoint Watson Bell of Searcy to fill the position of Workers' Compensation Commission Chairman.

Le Vieux Carré

I'm New Orleans bound with reservations at the Royal Sonesta this weekend for the final DLC Leadership Conference for the inaugural DLC Fellows Program. I'll make the drive this morning/afternoon, so I'll be away from the blog until tonight. The two-year program has been grounded in the "New Democrat" philosophy and focuses on how to adapt that philosophy to changing times. The DLC has been tagged as the conservative or "pro-business" wing of the party, and that's not inaccurate. Still, there's a lot more pragmatism preached at these conferences than ideology. This conference comes at a good time for much of the class, since many of us are facing specific situations where pragmatic solutions are needed.

The class is made up of 23 elected officials from around the country (here's the lineup). I've blogged about many of the members of the class, from up-and-comer Bakari Sellers of South Carolina, NY Senate Majority Leader Malcolm Smith, and one of our members just declared his intentions to run for Governor of Pennsylvania. Last year's conference was in Little Rock at the request of former President Clinton (here are pictures).

Tomorrow's program will include remarks from U.S. Senator Mary Landrieu. I'll post updates from the programs. Disclosure: Lodging and meals are provided by the DLC.

Roby Brock sits down with SWEPCO President Paul Chodak

Roby Brock with TalkBusiness.net posts portions of an interview he had with SWEPCO President Paul Chodak yesterday. Chodak discusses SWEPCO's position on the recent appeal filed by the Sierra Club and the Audubon Society with the PC&E Commission. The appeal seeks to revoke the air quality permit issued for the proposed SWEPCO power plant in Hempstead County.

Cooper Tire, Findlay Steelworkers reach agreement

A report from Ohio this morning states that Cooper Tire & Rubber Co. and the United Steelworkers of America Local 207L have reached a tentative agreement that, if ratified by union members, will keep the Findlay, Ohio facility open. We knew that discussions were underway between labor and management at that facility. Cooper Tire is in the process of conducting a capacity study in which it says it will close one of its four U.S. plants. Other than Findlay, Ohio, Cooper has plants in Texarkana, Arkansas, Albany, Georgia, and Tupelo, Mississippi.

The Northeast Mississippi Journal reported Tuesday that Mississippi is offering incentives valued at $30 million to keep the Tupelo location of Cooper Tire there. Other than Findlay -- the home of Cooper's Headquarters -- the only union plant is in Texarkana. All four locations have already visited with Cooper officials. We had our meeting Monday. This is shaping up to be a two-horse race between Texarkana and Albany.

Mike Ross addresses NWA Political Animals Club -- UPDATE

Congressman Mike Ross, a key leader in the fiscally-conservative Blue Dog Coalition, is speaking at this morning's Poilitical Animals Club of Northwest Arkansas meeting in Fayetteville.

The Blue Dog bloc of support will be necessary for any and all Obama initiatives, and its position on the anticipated stimulus proposal will be particularly influential. I'm sure Doug Thompson will be posting a report within a couple of hours. I'll post a link to it once it's available.

Update: Here's Thompson's report.

Town Christmas tree

Tuberville out at Auburn

What have you done for me lately.

Springing leaks quicker than we can plug the holes

After having a developer pull up stakes and move the proposed convention center from the Arkansas-side to the Texas-side, we're now doing everything we can to hang on to Cooper Tire, our largest employer, and as with everywhere else, we're already facing tough times economically. We have been able to maintain an open train station after plans were announced to close it. Here's a rundown of a few local meetings I've attended today and yesterday:

Airport Board Continental Airlines recently pulled up stakes and moved out of Texarkana, taking with it the Texarkana-Houston connection from the airport. That leaves us with the American Eagle connection to DFW (3x/day). The airport now finds itself with a need for $285,000 to keep the 2009 budget FAA-compliant. It will ask the cities of Texarkana, Arkansas and Texarkana, Texas for assistance.

Local AARP I spoke to the local AARP chapter about the upcoming legislative session, and the chapter shared its legislative priorities with me. The Silver Alert program (akin to the Amber Alert) is fascinating, as seniors suffering from dementia and alzheimer's could benefit from a low-cost alert system.

Razorsharp Breakfast The RazorSharp Communicator Network of interested Arkansas-side residents met this morning with school officials to discuss the district and ways to remain competitive with districts on the Texas-side of Texarkana. It all comes down to revenue. We certainly don't have the tax base that the Texas-side has, which makes it all the more difficult.

It's evident that people want to support programs that matter in our area, but with everything else, when money is tight, priorities become the issue. It's good to see people come out and voice opinions when support from the community is needed the most.

Governors to Obama: "We can break ground almost immediately"

With the nation's economy officially in recession, President-elect Obama met with 48 of the nation's governors yesterday in Philadelphia in a two-hour closed meeting. Governors from both parties emerged hopeful after Obama told them that any solution to the economy must include the states. Obama specifically called out to the Republican colleagues in the room and pledged “to offer you the same hand of friendship and cooperation that I offer our Democratic governors.”

Obama has vowed to infuse hundreds of billions of dollars into the nation's infrastructure and cited a similar project used in Japan in the 1990s to pull that country out of a recession. During the meeting, governors from both parties assured Obama that they could break ground almost immediately if Washington were to dedicate federal dollars for rebuilding the nation's roads, bridges, schools and airports and to expanding sources of alternative energy. Here's more from the Washington Post.

Governor to appoint Dick Trammel to Highway Commission in January

When incoming state Rep. Jonathan Barnett (R-Siloam Springs) officially transitions from serving as Chairman of the Arkansas Highway Commission, Governor Beebe will appoint Dick Trammel of Rogers to fill the vacancy (pictured right with the governor). Beebe made the announcement at a roast and toast of Trammel last night in Rogers.

New teacher retirement director: Former Sen. George Hopkins

The board of trustees of the Arkansas Teacher Retirement System voted to hire former state Sen. George Hopkins (D-Malvern) as the system's executive director. Hopkins succeeds former Massachusetts state Senator Paul Doane, who resigned as the system's director after criticism of travel expenses during his time on the job.

Mississippi ponies up $30 million in incentives to keep Cooper Tire

As you know, Cooper Tire is in the process of conducting a "capacity study" in which it will likely close one of its four U.S. plants or otherwise substantially modify its operations. Cooper has tire manufacturing plants in Albany, Georgia (1,300 employees), Findlay, Ohio (1,100 employees), Tupelo, Mississippi (1,200 employees), and Texarkana, Arkansas (1,400 employees).

Hints are few and far between as to what we're competing against, but this article from today's Biloxi Sun-Herald shows that Mississippi officials are proposing to give Cooper Tire & Rubber Co. $30 million in financial incentives to keep the company's Tupelo plant open.

Update: Here's more from the Northeast Mississippi Daily Journal in Tupelo.

Notable budgets to be presented in subcommittee today

The following budgets have been referred to the Constitutional Officers Subcommittee of the Arkansas Legislative Council/Joint Budget Committee and will be discussed this morning at 10:30 a.m. at the Capitol:

Agency	Presenter	Book/Page
Legislative Audit	Roger Norman	Vol. 10, pp. 428-434
Arkansas Supreme Court	Chief Justice Jim Hannah	Vol. 10, pp. 545-554
Arkansas Court of Appeals	Chief Judge John Pittman*	Vol. 10, pp. 210-216
Administrative Office of the Courts	J.D. Gingerich	Vol. 10, pp. 4-45
State Auditor	Auditor of State Jim Wood	Vol. 10, pp. 77-110
Judicial Discipline Commission	Judge David Stewart	Vol. 8, pp. 323-329

Here's a link to the "A" Book, where you can find a summary of historical expenditures for each of these agencies going back a decade. None of these appropriations have an executive recommendation except for the Judicial Discipline and Disability Commission, which did not receive a recommendation for requested salary increases to put its staff on par with staff of the Committee on Professional Conduct. They basically have the same function, except the Judicial Discipline Commission enforces disciplinary and ethical rules for the state's judges, whereas the Office of Professional Conduct enforces the Rules of Professional Conduct for attorneys.

*- Chief Justice of the Arkansas Supreme Court Jim Hannah appointed Court of Appeals Judge Larry Vaught as Chief Judge yesterday. Vaught's term will begin at the beginning of the year, and Chief Judge Pittman will present the court's budget today.

Governor cancels trip to Philly -- UPDATE

Due to travel problems caused by weather in other parts of the country, Governor Beebe will not be attending the NGA meetings in Philadelphia with President-elect Obama and 38 other governors this week. The governor does have an Arkansas schedule this week that includes events in Fayetteville, Rogers, Little Rock, and Hot Springs. His monthly call-in radio show will take place Friday morning at 9:00 a.m. on KARN.

Update: Lieutenant Governor Bill Halter will participate in the National Lieutenant Governors Association Executive Committee and New Member Meeting beginning tomorrow (Wednesday) and ending Friday in Santa Fe. Halter is Chairman of the NLGA Southern Region and a member of the NLGA Executive Committee.

Appeal filed on Hempstead County SWEPCO plant air permit

An appeal has been filed regarding the ADEQ's granting of an air permit for the SWEPCO Turk power plant project in Hempstead County. The final day to file an appeal was this coming Friday (12/5). As of this morning, there were 429 people working on the project. SWEPCO is in the process of shutting down in order to comply with a stay of the project pending this administrative appeal. A routine ADEQ meeting will be held this Friday in North Little Rock.

Two free days coming up

Well, not really free days, but I won't be trying a case to a jury for the next two days. Washington County Circuit Judge Kim Smith's office just called to say that my jury trial scheduled to begin tomorrow in Fayetteville got bumped in favor of a case ahead of us on the docket.

The reprieve allows me to resume reading sections of the paper I normally forego in time-crunches like this. Today's legal notices section in the Texarkana Gazette says that our cable provider is negotiating with KATV and KSLA (CBS-Shreveport) to continue airing those two stations after December 31. We lost our NBC affiliate for a time two years ago, and the only reason I still have cable rather than a satellite is for KATV, AETN, and the "Weather on the 8s" on the Weather Channel. With satellite, I'd be forced to have an all-Louisiana lineup with Louisiana Public Broadcasting and all Shreveport affiliates, but I don't want to pay $60 per month for cable just for AETN.

Sleeting at 43°

I know many of you in northern Arkansas are seeing flurries. You have to look in the corners of the windows for evidence, but we're getting some white stuff down here as well.

Fighting meth in 2008

Government Technology, a publication that analyzes solutions for governments in the information age, praises Arkansas for deploying electronic logbooks to keep better tabs on who is buying precursors to meth and in what quantities. These logbooks electronically link pharmacies in order to halt purchasing of small amounts of precursors from several retailers.

The electronic logbook program was created by Act 508 of 2007, which required ACIC to create a real-time statewide electronic logbook for all pharmacies to reduce and ultimately eliminate meth manufacturing. The DEA reports that law enforcement seizures of meth labs diminished in Arkansas from 714 in 2004 to 240 in 2007.

Oklahoma considering measuring children's BMI

The Tulsa World reports that Oklahoma may become the second state to take up the fight against obesity by calculating children's BMI measurements at school. The first state to do so (us) scrapped the program after considerable debate. Here's my view on that.