Thunderstorm

Here's a lightning strike I captured from my apartment as a thunderstorm passed over the Capitol late Thursday night (picture taken around 11:30 p.m. Thursday):

Governor's weekly radio address

Opportunity through recovery
Click play on the console below:



I'm still here at the Capitol preparing my weekly eNewsletter and hammering out responses to e-mail. Items on this weekend's schedule include the Texarkana Heart Ball (Saturday) and the Run the Line Half Marathon (Sunday).

Notes on the stimulus

Legislators have been briefed on the process of administering funds arriving from the federal stimulus bill, and one thing is fairly clear: projects won't be funded on the basis of political muscle. A procedure will be implemented that will fund projects on our "list" by considering an array of priorities without regard to recommendations/pressure from local, state, or federal officials (in other words, we'll have little oversight over it). A briefing memo will be distributed momentarily, and I'll post it once other members have it in hand.

Update: Stimulus Briefing

Lottery: Grade inflation, non-traditionals, and stacking debated in Dem Caucus

Arkansas Dept of Higher Ed Director Jim Purcell took questions from House Democrats this morning, and topics ranged from grade inflation to determining how to allow home schoolers to take advantage of the proposed scholarships that would result from revenue generated by the lottery. Members are also receiving lots of feedback from the state's 2 yr institutions on the differential in scholarship amounts between two and four year institutions.

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Bill Gwatney posthumously inducted into the UALR Sports Hall of Fame

Dr. Jim Purcell to address House Democrats Friday morning

Higher Ed Director Jim Purcell will be the speaker at tomorrow morning's meeting of the House Democratic Caucus. He'll present the Lottery Scholarships PowerPoint (embedded below) he presented at yesterday's joint meeting and will take questions from members. It's an open meeting that will take place at the AEA Bldg. at 8:00 a.m.

On the House floor today

A couple of items of note:

Rep. Greenberg moved to reconsider the vote by which the emergency clause to the primary seatbelt law failed yesterday. The motion passed and we adopted the emergency clause by a unanimous vote, enabling us to be eligible for $9.5 million in federal funds.

My fire safe cigarette bill had some opposition but passed 75-14-1. Roll call:

Sen. Wilkins bill to restructure the MLK Commission passed 99-0. Kathy Webb was downstairs in a meeting on the stimulus proceeds and didn't vote, but she did include a minute in the House journal stating her support for the bill. It now heads to the governor.

The Political Brain

I just attended a fascinating program at the Clinton School, where Drew Westen explained how voters receive your message and how to activate various physochological networks in campaign themes. It's the second time I've seen him in the last three months -- he spoke at a DLC Leadership Retreat I attended in New Orleans in December (click here for that blog post). Here's a picture from today's lunch program:

Thursday in House Judiciary -- UPDATE

The committee is down to just 11 bills on the active calendar, which is rare for this committee. With the filing deadline looming in 10 days, we'll be back to a three-page agenda within a week. Here are the items on the active agenda -- all others assigned to this committee remain on deferred and can be brought back at the request of the sponsor (click here for the agenda).

Updates in bold

Judiciary active agenda: 10:00 a.m.
HB1330 (Edwards): An act concerning extended juvenile jurisdiction. Passed
HB1414 (Creekmore): To amend various sections of the Domestic Abuse Act of 1991. Passed over
HB1473 (Creekmore): Collection of DNA upon arrest for certain offenders. Passed over
HB1489 (Carter): Clarifies which officials are notified upon certain deaths. Passed as amended
SB251 (Altes): Provides that MVA reports are hidden from certain people. Passed over
HB1545 (Creekmore): Establishes civil liability for stalking. Passed as amended
SB352 (Key): Clarifies jurisdiction regarding minors and qualifications for guardians. Passed
HCR1010 (Maloch): Requests Congress to implement fee intercept program.

Arkansas Supreme Court Chief Justice Jim Hannah came over to the Capitol on their busiest day of the week to help explain this resolution and how its passage in Congress would help locales in Arkansas with outstanding fines. The resolution was adopted unanimously.

HB1496 (Greenberg): Provides that a signature by mark is binding and legal.

This bill was re-referred back to committee from the floor yesterday and deals with an issue regarding the statute of frauds. After questions from Rep. Nickels, Rep. Greenberg pulled the bill down for further amendments.

HB1623 (Stewart): Prohibits release of IDs concerning concealed handgun licensees. Passed over
HB1626 (Harrelson): Provides circuit clerks with details on back child support restitution paid in felony cases. Passed

In other committees on the House end of the Capitol this morning, Rep. Gregg Reep's Public Health committee has a special order of business on Lindsley Smith's pathology bill. Rep. Fred Allen is running a bill in Transportation that has drawn opposition from the auto dealers. HB1327 requires vehicle sellers to disclose whether the car being sold is from a meth-contaminated seizure. Apparently, remains of meth in upholstery can cause burns, etc. to children and other passengers.

11:30: Press conference on efficiency, renewable and other energy legislation

Update with picture

Rep. Kathy Webb is in the process of rolling out several items of legislation dealing with energy and the environment. She'll do this in conjunction with a press conference she'll have at 11:30 this morning in the Old Supreme Court Chamber with the Arkansas Citizens First Congress. I anticipate that some of the items raised at the conference are likely to draw considerable opposition. I'll post links to the bills once they're online.

Here's an iPhone picture of the Citizens' First Congress preparing for their lobby day here at the Capitol:

Run the Line Half Marathon

I'll be running the second annual Run the Line Half Marathon in Texarkana on Sunday. I'm running with what my running buddy/doc has diagnosed as tendonitis, and I've only run a couple of times since the New Orleans Marathon earlier this month due to knee, calf, and shin pain. I've been eating anti-inflammatories like peppermints this week to get me through this race, then I'm done running until the Rock-n-Roll Marathon in San Diego this summer. I'll turn 35 on Tuesday, which means that this'll be my last race in the 30-34 age division. I pulled 3rd in my age group in last year's race, so I can't let myself finish below that.

Thursday in Arkansas

Lots going on in and out of the Capitol today. Outside of the legislative calendar, here are a few items on today's schedule:

All Day: Water, Energy and the Environment Day (Capitol)
All Day: Developmental Disabilities Providers Association Day (Capitol)
12:00: Drew Westen and the Political Brain (Clinton School) (Click for previous blog post on Westen)
5:30: Bill Gwatney introduced into the UALR Sports Hall of Fame (Alltel) - Gov attending
6:00: Turkish Airlines Remembrance Dinner (Turkish Cultural Center, LR)
6:30: Little River Co. Chamber of Commerce Banquet (CCCUA-Ashdown)
7:00: Miller Co. NAACP Banquet (Texarkana) -- I'm speaking

I'll post some of the legislative debates likely to take place in the "A" committees in a bit. On the floor at 1:30, I'll be presenting the fire safe cigarette bill, and a couple of others of note include Lindsley Smith's atty's fee reimbursement bill for "substantially" prevailing in a FOIA claim and Sen. Wilkins' bill to restructure the MLK Commission (to be presented by Rep. Hardy).

For the first time since the session started, I found some time this morning to squeeze in a haircut. It's been several weeks, and if I go much longer, my bangs'll be competing with Rod Blagojevich. I've got a lunch-time appointment prior to the Westen event with Ben, my old barber in Morrison's in the basement of the Regions building.

THV's Ask the Speaker

Robbie prepares for lottery questions on the set of THV's 10:00 broadcast tonight:

HB1611 makes tonight's Choose Your News Poll on KATV

The Jason Tolbert Transparency Act of 2009 is among the candidates to be tomorrow's topic on KATV's Choose Your News segment. Click here and vote for "Legislature Live: Streaming the Session."

Arkansas closer to a primary seatbelt law

The Senate Bill to elevate the seatbelt law to a primary offense passed the House by a vote of 60 for, 31 against, and 4 voting present (click for the roll call). It now goes to the governor, who is expected to sign it. The emergency clause narrowly failed, but Rep. Grenberg gave notice that he was on the prevailing side and will ask that the emergency clause be reconsidered. Without an emergency clause, the law won't go into effect until 90 days after sine die adjournment.

Update (4:20 p.m.): Thanks to Rep. Bruce Maloch for noting that in order for Arkansas to be eligible to receive $9.5 million in federal funds for the passage of this act, it must go into effect by June 30th. Therefore, the emergency clause must be reconsidered and adopted in order to make the effective date of the act upon the governor's signature June 30 and to take advantage of these federal funds. We're only talking about moving the effective date up one month in order to receive these funds.

Scroll down for other results from today's floor votes in the House.

Lottery: The value of a scholarship -- meeting now

Update (3:50 p.m.): We're now adjourned from the House floor and are convening the lottery meeting now.

Update (4:50 p.m.): Shane Broadway and Robbie Wills have explained the 28-page draft bill that funds the scholarship program through lottery proceeds, and we're now hearing Dr. Joe Purcell present a PowerPoint on the proposal.

Update (5:50 p.m.): We've now debated the bill with questions from members of the joint committees and from other members of the General Assembly. We'll hear from Lt. Gov. Bill Halter next.

Update (6:30 p.m.): Lt. Governor Halter is now making remarks on the proposed legislation (see pic above). Halter raised concerns with the grade inflation section in addition to scholarship reserves and administrative expenses to administer the scholarships. He accepted a few questions, and it's 6:50, and we're adjourning.

Original post: We are still tentatively scheduled to convene House Rules and Senate State Agencies jointly upon adjournment today to roll out the second component of proposed legislation to implement the Scholarship Lottery Amendment approved by voters on November 4. For a variety of reasons, you'll learn today that the draft bill being developed will not include a specific amount for the value of a scholarship. First, we're not in a position to know how much the lottery will generate. Second, since the lottery commission hasn't even been created, we don't know what types of games will be authorized to generate this revenue.

We've come up with a set of funding mechanism guidelines similar to the Revenue Stabilization Act that will dictate the amount of the scholarships based on revenue generated, although this will not be a part of the legislation (included in the legislation but only serves as a set of guidelines). This is based on an Arkansas student graduating high school with a 2.5 GPA (or a 19 on the ACT). Speaker Wills, Senator Shane Broadway and Higher Ed Director Joe Purcell will discuss this graph in detail at today's meeting:

Scholarship Amount 2 yr college/4 yr univ.	Lottery $$ needed less funding from Challenge $20M
$1,250/$2,500	$54,154,254
$1,500/$3,000	$67,735,105
$1,750/$3,500	$81,315,956
$2,000/$4,000	$94,896,806
$2,250/$4,500	$108,477,657
$2,500/$5,000	$122,058,508
$2,750/$5,500	$135,639,359
$3,000/$6,000	$149,220,210

Therefore, if you have a 2.5 and are hoping to obtain a $5,000 scholarship to the University of Arkansas, the lottery needs to generate $122,058,508 (plus another $13.8 million to fund some students in the pipeline and leave a $6.2M pot for non-traditional students for a total of $135,808,508 needed). DF&A has projected revenue between $40M and $60M from the lottery. Lt. Governor Bill Halter has stated that he believes it will come in around $100M annually, and we've recently heard forecasts from some lottery experts that it could bring in more than that. We'll meet upon adjournment in the Old Supreme Courtroom. Click here for more on today's meeting.

At the Capitol today -- UPDATES

I'm in House State Agencies right now, where we're taking up a restructuring of the Martin Luther King, Jr. Commission from 26 to 13 members. The bill is being presented by Senator Wilkins and Representative Hardy and is opposed by the NAACP. NAACP-Arkansas President Dale Charles is here speaking against the bill. Update: The proposal passed unanimously.

The "sovereignty" resolution is also on today's agenda here in this committee, but it won't be presented until next Wednesday. The most controversial item on today's agenda is Rep. Lindsley Smith's bill that amends the Public Employees' Political Freedom Act of 1999. Rep. Smith had her husband and former Rep. Steve Smith speak on behalf of the bill (see right). Steve Smith was a member of this committee when it was created in 1973. Her bill has drawn opposition from the Arkansas Municipal League (including Texarkana Mayor Horace Shipp). Update: The bill failed.

Social host liability. I posted an item back in September when the Task Force on Substance Abuse recommended expanding dramshop liability to social hosts in Arkansas. In other words, if you're having friends over at your home, and someone leaves your house and causes injury to someone else because they were "clearly intoxicated," you could be held liable for the victim's injuries if this proposal becomes law. Rep. Fred Allen will be bringing this bill to House Rules today. Update: The bill was pulled down.

It's a doctrine that is currently extended to alcoholic beverage retailers (Ark. Code Ann. §16-126-104), but immunity from civil liability is currently given to social hosts in a 1999 law (16-126-106). Such a proposal could energize both trial lawyers and MADD in support of it. Most social hosts may have liability coverage under their homeowners policy as long as liquor is not sold, so insurers could oppose such a proposal.

On the House floor. When the House convenes at 1:30, we'll take up the primary seatbelt law. I'm in a divided family on this issue, as I support it, and my brother/law partner opposes it. It creates some interesting allies (Update: Passed 60 for, 31 against, and 4 voting present).

Also, Rep. Nickels' minimum wage bill cleared committee and will be voted on by the House (Update: Passed 67 for, 27 against, and 2 voting present), and the National Popular Vote bill will finally come up for a vote today as well (Update: Passed 56 for, 43 against, and 1 voting present). Here's today's floor calendar:

Bills for consideration
Budget calendar

Here I am with constituents/students from Genoa, Arkansas at the Capitol this morning:

Joint Lottery Meeting Part II: Scholarships

We are still tentatively scheduled to convene House Rules and Senate State Agencies jointly upon adjournment today to roll out the second component of proposed legislation to implement the Scholarship Lottery Amendment approved by voters on November 4. We've reserved the Old Supreme Courtroom on the Capitol's second floor again for the meeting. This has garnered much of Robbie's attention over the last week, and has been virtually the only late night topic of discussion among the group that convenes at that hour.

Robbie lays out a scholarsip summary over at his blog, which takes into account many items not conspicuous to those outside of the process, like how to take care of the 35,000 students already enrolled on Arkansas campuses (campi?) with a 2.5. Leaving them completely to fend for themselves with current scholarship opportunities merely because of their date of birth could be a potential PR nightmare for the legislature. On the other hand, we're starting with zilch but for the reserve fund. Thanks to Speaker Wills and Senators Smith, Salmon, Broadway, Johnson and Reps. Roebuck, M Burris, Abernathy, and several other staff members, we're about to distribute legislation that takes care of all of these issues.

The proposed funding mechanism that determines the amount of the scholarships -- akin to the Revenue Stabilization Act -- is sound, and we've reserved an amount of funds for non-traditional students. ADHE has prepared a table to show the value/amount of the new Academic Challenge Scholarship based on the amount of revenue generated from the lottery. Setting it up through the existing scholarship with modifications allows the value of the scholarship to reach much higher levels. All of these issues will be discussed if today's meeting takes place.

Here's an iPhone picture of Robbie giving the Farm Bureau an update on the scholarship component of the lottery at their annual legislative reception last night on University Avenue in Little Rock:

Fire safe cigarettes -- UPDATE

I'm bringing legislation to the House Rules committee today that will require all Arkansas retail locations to sell only fire safe cigarettes to consumers. A fire safe cigarette has a reduced propensity to cause fires, because it contains a couple of "speed bumps" of less porous paper that will self-extinguish if left unattended. Cigarettes are a leading cause of home fire fatalities and property damage in the United States, killing 700 to 900 people - smokers and nonsmokers alike - per year. It's the number 1 cause of civilian fire deaths in the United States. A similar bill failed in the Arkansas House in 2005.

Fire safe cigarettes are already required in neighboring Texas and Oklahoma, and Louisiana and Tennessee have already passed legislation and are awaiting the effective date. In all, 38 states plus the District of Columbia have passed this legislation, and it is already effective in 21 states. Here's a rundown of the legislation by state.

To localize this, there were 61 cigarette fire deaths in Arkansas in 2004 -- that's 2nd only to Mississippi in per capita cigarette fire deaths. The turn-of-the-century building my brother and I bought and renovated in downtown Texarkana caught fire back in 1952 due to a cigarette left unattended, killing three:



Update: The bill received a Do Pass from the committee and will be heard on the House floor tomorrow.

The Jason Tolbert Transparency Act of 2009

I just filed HB1611, which provides for an Internet broadcast of the proceedings of committees of the Arkansas House of Representatives. It's time that we catch up to some of our neighboring states in the area of opening our proceedings to those who wish to watch via the web. I restricted it to the House based on some of the historical debates that have taken place in the Capitol.

Want to watch the proceedings in other state legislatures? Just click here:
Tennessee House
Texas House
Louisiana House

Guest blogging from the Attorney General

By Attorney General Dustin McDaniel

It is a beautiful, although cold, day in Washington, DC. I am here for the day because Governor Bredesen of Tennessee and Governor Douglas of Vermont have appointed me to fill the attorney general seat on the National Governors’ Association’s State Alliance on e-Health Care. That’s a mouthful, but it is a top level group addressing all of the opportunities and challenges presented by technology in the health care arena. I worked on public health issues when you and I served in the House together and have created (as promised) a health care bureau in my office. Mine is only the 11th AG’s office in America to provide that service, and it is a huge success so far. I am proud to represent the nation’s attorneys general and Arkansas in this effort. There are great opportunities to take advantage of technology to the benefit of taxpayers and patients like. I met with experts from ACHI, UAMS, and more before I came to this meeting. The People of Arkansas should know that we are ahead of the curve in many ways. I’ll be bringing lots of ideas (and work) back to the legislature and the Governor on this issue.

Also, I want to thank Senator Lincoln. She has graciously arranged for me to attend President Obama’s first address to a joint session of Congress tonight. Technically, it is not a State of the Union address. The outgoing President has that privilege. Several have done so in person, in writing or not at all. We know that President Bush didn’t give a State of the Union this year, but I don’t know if he sent remarks to Congress in written form. Nonetheless, I am very excited about being there tonight, and I appreciate Senator Lincoln giving me the opportunity.

This is only my second effort at blogging, and both were on your blog. Thanks, Steve, for your friendship, excellent service and extraordinary efforts to keep the people of Arkansas in the loop on their state government.

Sincerely,

Dustin

Tuesday on the House floor

We just adopted a resolution (with some opposition) to set a tentative date of closure on the legislative session of April 10 (with a sine die date of May 1). This satisfies the constitutional supermajority requirement to extend the session past 60 days. Nays were Baird, Carter, Greenberg, Hobbs, Kerr, Lea and Malone.

The agreed-to bill on Workers Comp referenced here yesterday passed by a vote on 97-0.

The Arkansas Milk Stabilization Act ended up being fairly controversial over some constitutional questions that have been raised regarding a violation of interstate commerce. The bill is sponsored by Rep. Johnny Hoyt (D-Morrilton) and has the backing of the Farm Bureau. The bill creates a stabilization fund through an assessment of up to 30 cents per cwt (about 2.4 - 2.6 cents per gallon) to provide assistance for the state's dairy farmers. Rep. Hoyt stated that it will cost approximately $1.87 per person, per year.

I'm presenting six bills here momentarily.

Update: The Milk bill passed 90 for, 7 against, and one voting present. Nays were Baird, Garner, Glidewell, Greenberg, Kerr, L. Smith, and Woods. Carter voted present, and Green, Lowery, and Word did not vote.

Transparency and the Economic Recovery Act

Legislators are learning of the new transparency rules requiring states to track how all federal funds are being spent and the number of jobs that spending creates as a part of the 2009 American Recovery and Reinvestment Act. While every reporting detail has not been specified by the federal government yet, it is clear that both the enacted legislation and likely regulations will require states to establish transparency in how they are distributing funds far beyond what most states are currently requiring. The bill would require all recipients, including states but not individuals, of recovery funds (grants, loans, and contracts) from a federal agency to report quarterly the following:

• Total amount of recovery funds received from the agency.
• Amount of funds expended or obligated to projects.
• A detailed list of all projects for which recovery funds were expended, including:
         • The name and description of the project.
         • An evaluation of the completion status of the project.
         • An analysis of the number of jobs created or retained by the project.
         • Detailed information on any subcontracts or subgrants, including data elements required by the Federal Funding Accountability and Transparency Act of 2006 - that is, elements that are required to be reported on USASpending.gov.

The Progreesive States Network will hold a conference call to discuss with state legislators around the country how transparency can save money for our own budgets while strengthening trust in government.

Japanese Magnolias in bloom on the front lawn of the Capitol

Today in House Judiciary

We have 16 bills on the active calendar, and eight others with deferred status. We'll convene at 10:00 a.m., and I'll post updates here. Rep. Creekmore will not be running her DNA bill, as an amendment is in the process of being engrossed. We should spend considerable time on HB1326, HB1398, HB1459, SB251, and HB1545. A couple of big items will be taken up in House Transportation this morning: (1) the graduated drivers license bill, and (2) the primary seatbelt law.




Judiciary active agenda: 10:00 a.m.
HB1326 (L. Smith): Concerning claims for attorney's fees and litigation expenses under FOIA. Passed as amended
HB1330 (Edwards): An act concerning extended juvenile jurisdiction.
HB1398 (Powers): Establishes six add'l district judges to the pilot project, making them full-time. Passed
HB1414 (Creekmore): To amend various sections of the Domestic Abuse Act of 1991.
HB1459 (Nix): Increases look-back period for repeat DWI offenders from 5 to 10 years. Passed
HB1473 (Creekmore): Collection of DNA upon arrest for certain offenders.
HB1488 (Carter): Clarifies rights and responsibilities in an asset forfeiture action. Passed
HB1489 (Carter): Calrifies which officials are notified upon certain deaths.
HB1496 (Greenberg): Provides that a signature by mark is binding and legal. Passed as amended
SB251 (Altes): Provides that MVA reports are hidden from certain people.
HB1545 (Creekmore): Establishes civil liability for stalking.
SB15 (J. Jeffress): Concerning service of summons on a bail bond surety. Passed
SB352 (Key): Clarifies jurisdiction regarding minors and qualifications for guardians.
SB359 (Madison): Creates Arkansas Foster Youth Transitional Plan. Passed
SCR7 (Thompson): Commends 8th Circuit Judge Jay Riley. Passed
HCR1010 (Maloch): Requests Congress to implement fee intercept program.

En route home, Beebe tells AP that stimulus money can retrofit Ark. schools

Associated Press correspondent Andrew DeMillo reached Governor Mike Beebe on the wya home from this weekend's NGA Winter meeting, where the governor visited with President Obama and other officials regarding proceeds from the stimulus package. The governor learned that the state may be able to direct money from the federal stimulus package to retrofit public schools and colleges to make them more energy efficient, even though we haven't made any "cuts" in education as had been a requirement in the package. Had the legislature had a crystal ball last session, we may not have put half a billion in facilities had we known what was around the corner.

Leadership Arkansas

Speaker Robbie Wills and I addressed the Leadership Arkansas class this morning in the Capitol. Leadership Arkansas, of which I am a member. has a mission to build a strong, diverse, statewide network of leaders with a shared commitment to connect our communities and to make Arkansas a better place in which to live and prosper. Here's a pic:

"Agreed-to" Workers Comp bill comes out of committee

HB 1362 by Rep. Mike Burris & Rep. Rick Green came out of Insurance and Commerce with a do pass. This is an agreed upon bill between the Arkansas AFL-CIO and the Arkansas Chamber of Commerce, with the support of the Arkansas Workers Compensation Commissioners.

Since I've been in the legislature, labor and business have done a phenomenal job of working through kinks in legislation, but I still snicker each time a sponsor brings a bill to committee with the statement that it's "agreed to." As former Rep. Will Bond used to say, that means it's agreed to between the "people that are right here in the room, and only right now."

California's budget

One reason it has taken so long for the California legislature to come up with a way to bridge its budget shortfall is its own budgeting requirements. California is one of only a handful of states that require more than a simple majority to pass budget bills. Rhode Island, like California, requires a two-thirds vote. Arkansas requires supermajority votes to pass most appropriation bills but a simple majority to approve a separate bill that sets our state's spending priorities. Fifteen states, including California and Arkansas, require more than simple majorities to raise taxes, at least in some circumstances.

This is one area where California is considering a change. Another change they've considered -- thanks to Governor Schwarzenegger, is devising a budgeting mechanism much like our Revenue Stabilization Act, which was created by Governor Ben Laney back in 1945. So far, he's been unable to convince the legislature that its a worthy model.

Good day to practice law

Without a thing on the schedule until 7:00 p.m. tonight, I came downtown early this morning and chained myself to the phone in an effort to get caught up at the office.

Most of the rain has moved out, and with a mere two weeks in which to file bills, I'm about to switch gears for the rest of the afternoon and prepare to file what's left of my legislative agenda.

Welcome to the blogosphere

As I was chasing down a story in this morning's Morning News of NWA (Fayetteville edition) on the levying of sales tax at farmers' markets, I'm reminded by a blurb in that paper that I haven't blogged about the addition of a new legislative blog: Off the Marble by Rep. Mark Martin (R-Prairie Grove). Martin has been tossing around the idea of joining the blogosphere for quite some time, and I'm looking forward to his perspective. I've added it to the blogroll over on the right.

Governor's weekly radio address

Saving Arkansas money and energy
Click play on the console below:



The governor is leaving tomorrow for the National Governors Association Winter Meeting in Washington. Lieutenant Governor Bill Halter will serve as acting governor is his absence.

Arkansas criminal background checks potentially exposed

The Arkansas Department of Information Systems (DIS) was informed at the end of January that a vendor providing secure off-site storage for electronic records and computer files was unable to locate a DIS computer tape in its inventory. The tape contained information from criminal-background checks run on approximately 807,000 people over at least 12 years. Call 888-682-0411 if you think there's a possibility that your info could be on the list. There's probably a HB1051 joke that Greenberg could make somewhere in there.

Governor lays out remainder of legislative package

Beebe tells House Dems that reduction of grocery tax, lottery top the list



Governor Beebe addressed the House Democratic Caucus this morning and discussed the remainder of his legislative package now that one central part -- a funding mechanism for his healthcare package -- has been signed into law. In addition to the implementation of the lottery and the one-cent reduction in the tax on food and food ingredients, the governor discussed the state employees pay plan and his support for the Equal Rights Amendment. He also took questions on health insurance for teachers and other school employees.

Jonesboro Sun: House Judiciary should bury SB251

A bill to shrink portions of the Arkansas Freedom of Information Act is on the House Judiciary agenda. SB251 would hide motor vehicle accident reports from certain Arkansans for 90 days. To be certain, I find the solicitation of clients through accident reports to be distasteful. Further, as an attorney, I could easily support the bill to help the image of my profession.

On the other hand, when you stand up for the First Amendment, you're obligated to stand up for some pretty distasteful things. This conduct is protected commercial speech, and passing this bill in my opinion is a violation of our oath to uphold the Constitution. When you begin constricting the parameters of what people can say and when they can say it, you're messing with one of the bedrock principles of this country's foundation.

The Jonesboro Sun agrees, saying the bill should be buried in House Judiciary, where it sits after sailing through the Senate with two nays (from Sens. Robert Thompson and David Johnson). We'll give it a fair hearing to be sure, and I'd like to hear from the king of data mining/collection for commercial purposes, which is headquartered right here in Arkansas: Acxiom.

Update: Add a couple of others: The Morning News of NWA; Log Cabin Democrat

One of the tough nights

So I'm sitting in my office at the Capitol late this afternoon at 6:30 when my three year-old daughter phones to tell me something she learned today. She then proceeds to say the entire Pledge of Allegiance word for word without missing a beat. These are the "first time" moments I regret not being able to see in person. It's all I could do not to drive home and tuck her in tonight.

Governor to address House Democrats tomorrow

Governor Mike Beebe will be the featured speaker at tomorrow's weekly meeting of the House Democratic Caucus, as we wrap up week six of the 2009 legislative session. The governor will discuss the rest of his legislative package, now that one of its largest components, HB1204, has been signed into law. I'll post a report in the morning.

Rep. Darrin Williams follows the rules

Roby Brock's Talk Business blog profiles Rep. Darrin Williams (D-Little Rock) today. Williams successfully ran his scrap metal bill through House Judiciary this morning after working with several organizations towards a resolution for the legislation. HB1479 expands reporting requirements already in effect in LR/NLR and requires that the information be entered into a database accessible to law-enforcement officers.

Williams is a comer who'll be seeking higher office at some point. The Williams article is a first in a three-part series on freshman legislators by Talk Business contributor Eric Francis.

Social networking in America's State Houses

I'll be sitting on a panel for the spring meeting of the National Conference of State Legislatures on social networking and using the Internet to connect with constituents. I sat alongside the founder of Facebook on last year's panel, and we should have another good panel this year. It'll take place on April 24 in Washington.

Injury prevention press conference

Arkansas Surgeon General Dr. Joe Thompson will host a news conference on Monday at 9:30 a.m. The event will support injury prevention efforts represented by SB309 (graduated drivers licensing) and SB78 (primary seatbelt law). Others participating in the event will be Dr. Mary Aitken, Director of the Arkansas Children’s Hospital Injury Prevention Center, and Arkansas State Police Director Colonel Phillips, along with several legislators. As a supporter of both of these bills, I wish I could be there but will be speaking to Leadership Arkansas at the Capitol at the same time.

If you want the most succinct reasoning in opposition to the primary seatbelt law, check this post on Zack Stovall's blog. My criminal defense attorney brother agrees with him, but reasonsable minds can differ, no? In addition to federal funds its passage would provide, you oughta give law enforcement the authority to enforce the statutes on the book in this instance.

Rare joint committee takes up lottery structure -- UPDATE

Yesterday after upon adjournment, the House Rules Committee (of which I am a member) and the Senate Committee on State Agencies and Governmental Affairs convened to discuss the terms of the bill emerging as it relates to the structure of the lottery approved by Arkansas voters on November 4. The draft bill is the product of months of work of several legislators (led by Speaker Robbie Wills and Sen. Terry Smith) after studying the other 42 state-run lotteries and listening to experts and those interested here in Arkansas. The new draft differs somewhat from the memo posted here last week. I'll post a copy at some point once I can get my hands on a digital copy/scan a hard copy. We'll meet again next week to discuss the scholarship component of the lottery.

Update: Here's the draft bill.

Political Animals Club

The Governor's Mansion was packed for today's meeting of the Political Animals Club featuring House Speaker Robbie Wills and Senate Pro Tem Bob Johnson. Arkansas Democrat-Gazette Political Editor Bill Simmons served as the moderator and had some tough questions for both legislators on issues that included animal cruelty, the tobacco tax vote, the lottery, and the political styles of recent governors. AG Dustin McDaniel acknowledged and introduced his fiancee, Bobbi Fowler of Jonesboro. They were engaged on Valentine's Day.

President Clinton addresses General Assembly

House Chamber at 9:00 a.m. (90 minutes prior to the event)

8:30 a.m. -- Live from the House Chamber: I threw in an extra loop by the Clinton Library on my daily jaunt this morning on the minute chance that the man himself was lacing 'em up in the parking lot for a run with his detail. Yeah, no such luck. I'll be a part of the group designated to escort Clinton into the House chamber for his address to the General Assembly here in 90 minutes or so. I'll post a summary here as it happens.

Click here for this morning's agenda (.pdf)
9:20 Update: The gallery is still only about half full for those of you thinking of coming.

Judiciary makes their way over

Here are Supreme Court Justices Jim Gunter and Paul Danielson visiting with fellow Justice Elana Wills (pictured right).

10:40 update: We're underway, and the dignitaries are being recognized.

He's starting out acknowledging everyone in the legislature who believed in him decades ago and throws in a couple of stories that took place in Pine Bluff and Greers Ferry on the campaign trail. As usual, he's not spending much time in reflection but is looking ahead at how America is tackling the issues of our time.

Much of his time is being spent on the housing market, the banking system, and the framework about how we're to operate in the next two years in the wake of the stimulus program. He calls the stimulus package a "bridge over troubled waters." HE says that it helps the American economy in two ways: (1) it puts money in people's pockets through a variety of ways, it (2) gives money to state and local governments, and it creares jobs through public works projects.

Beebe, Clinton wait to enter the House Chamber (left)

He tells us to watch in the next two weeks to determine whether or not these actions will loosen up loans in the banking system. He hopes that they'll propose some sort of program (devil's in the details, he says) to help in the prevention of foreclsoures He also hopes that they'll set up a federal institution to capture some of these assets that won't recover for a while and get them off the banks' books (as Roosevelt did). Third, he hopes that they'll offer some more money to banks who're cleaned up and ready to loan money. He believes these three things are key to the economy to coming back. He thinks it'll take 12-15 months and will be surprised if it takes longer than two years. That's why he calls the stimulus the "bridge over troubled waters."

He's also praising Arkansas for maintaining a budget surplus through conservative budgeting and because of the Revenue Stabilization Act. He says that other states are envious that we're even in a position to cut taxes on groceries, something he couldn't do. He says "trickle up works better than trickle down."

Advice to us:
(1) Keep on going with conservative budgeting;
(2) Finish the work you've started;
(3) When you actually see what you're getting in the stimulus bill and after you talk to your bankers in the wake of banking reform, consider taking some of this money and working with the banking system. One further example: retrofit schools, courthouses, all government facilities with energy efficient buildings to create jobs and conserve energy in the long run. Banks are leery of loaning money on these types of projects in today's climate for a variety of reasons, and he urges us to consider ways (set up an SBA type program) to work with banks on this.
(4) Use the stimulus to maximize jobs; and
(5) You are in the "future" business. Take care of the state by answering the "how" question. It's what he's spent his entire life trying to answer.

I'll come back and clean this up after my next meeting.

UALR Bowen School of Law names John DiPippa Dean

John DiPippa, my former Constitutional Law professor, has been named as the Dean of the UALR Law School. He's one of the brightest professors I ever had. I still use the concepts he drilled in my head when running the traps on the legislation affecting time, place and manner over here.

KATV's Daily Debrief tonight

I'll be Jessica Dean's guest on KATV's Daily Debrief tonight at 6:15. Dean heads up the wildly-popular Choose Your News segment on KATV. Speaking of, "high tech" lawmakers are currently leading today's poll for tonight's Choose Your News segment. I'll post a live feed of the Daily Debrief here shortly before the program begins.

Political Animals Club/Inn of Court

Speaker Robbie Wills and Senate Pro-Tem Bob Johnson will be the speakers at today's Political Animals Club meeting at the Governor's Mansion. I'll post a report later this afternoon. Last night, I took part in a lawyer-legislator panel alongside Senators Robert Thompson, David Johnson, Jim Luker and Representative John Edwards at the Little Rock Club. The panel was part of the program at the William R. Overton Inn of Court, which is made up of lawyers, judges, professors and students and is designed to improve the skills, professionalism and ethics of the bench and bar. I'm a former member of this group from my law practicing days in Little Rock. Here's a grainy iPhone pic I snapped from the table:

Statewide trauma system, other health care initiatives are funded

Governor signs tobacco tax increase into law, effective March 1

With the stroke of a pen, the governor has created the 48th trauma system in the United States, and Arkansas will now join the other 49 states with a level one trauma system. It's amazing that just 22 days ago, a few of the bolder legislators hopped on a bus to head over to Children's Hospital to announce that we were about to push through one of the most progressive and expansive health care initiatives in the country. Just three weeks and one day later, it is law.

This is one vote that studies show will save lives. With one of the session's key themes now behind us, we can now turn to the second of the the larger pieces of legislation.

Here's a Herb Sanderson photo (right) with members of the AARP taken prior to the bill signing. On the left is Jerry Lancaster, immediate Past President of the Arkansas AARP and in the middle is Maria Diaz, AR AARP State Director.

Next up on the signing circuit: Rep. Ray Kidd's bill to prohibit texting while driving will be signed into law tomorrow (Wednesday) at 1:15 in the Governor's Conference Room.

982 bills filed; filing deadline March 9

982 pieces of legislation have been filed in the 87th General Assembly since the pre-filing period began November 15. With the 55-day filing deadline looming for March 9 (March 2 for appropriation bills), we can expect another 2,000 to 2,500 bills filed in the next two weeks. This is when it gets fun.

Today in House Judiciary

We have 16 bills on the active calendar, and eight others with deferred status. We'll convene at 10:00 a.m., and I'll post updates here. A couple of big items will be taken up in House Transportation at the same time as Judiciary this morning: (1) the graduated drivers license bill, and (2) the primary seatbelt law.

Judiciary Regular agenda: 10:00 a.m.
HB1326 (L. Smith): Concerning claims for attorney's fees and litigation expenses under FOIA.
HB1330 (Edwards): An act concerning extended juvenile jurisdiction.
HB1398 (Powers): Establishes six add'l district judges to the pilot project, making them full-time.
HB1414 (Creekmore): To amend various sections of the Domestic Abuse Act of 1991.
HB1459 (Nix): Increases look-back period for repeat DWI offenders from 5 to 10 years.
HB1473 (Creekmore): Collection of DNA upon arrest for certain offenders.
HB1488 (Carter): Clarifies rihts and responsibilities in an asset forfeiture action.
HB1489 (Carter): Calrifies which officials are notified upon certain deaths.
HB1496 (Greenberg): Provides that a signature by mark is binding and legal.
SB251 (Altes): Provides that MVA reports are hidden from certain people.
HB1545 (Creekmore): Establishes civil liability for stalking.
SB15 (J. Jeffress): Concerning service of summons on a bail bond surety.
SB352 (Key): Clarifies jurisdiction regarding minors and qualifications for guardians.
SB359 (Madison): Creates Arkansas Foster Youth Transitional Plan.
SCR7 (Thompson): Commends 8th Circuit Chief Judge Jay Riley.
HCR1010 (Maloch): Requests Congress to implement fee intercept program.

400 TV stations go digital tonight

At midnight, more than 400 broadcasters across the country plan to permanently shut off analog signals and air only digital programming. Although Congress voted to delay the nationwide transition to June 12, the bill allowed stations to make the switch early with the approval of the Federal Communications Commission. The agency said it wanted to reserve the right to prevent stations from switching earlier if doing so posed a threat to public safety in particular markets.

Vetoed measure gets new life on the House floor today -- UPDATE

A consumer-protection bill that was vetoed back in 2007 has found new life. Rep. Dawn Creekmore (D-Hensley) filed HB2780 in 2007, which (in broad terms) allowed a security freeze to be placed on a person's consumer report. It was the governor's first veto of his administration, and equal protection was the basis for his rejection. No override was attempted.

Now, Creekmore has filed a similar bill (HB1037), and it is on today's House agenda. This year's version would allow any consumer to place a security freeze on his or her credit information, preventing others from accessing the information unless the consumer agrees to lift the freeze. It would also lower the fees levied for the initial placement of a security freeze and completely repeal fees charged for the temporary lifting or removal of a freeze.

Update: Passed unanimously.

Herniated disk keeps Lincoln in DC for the President's Day Recess

Among Senator Blanche Lincoln's scheduled events over the President's Day congressional break were an annual breakfast she hosts for legislators during the session, which was scheduled to take place tomorrow.

A herniated disk suspended her travel plans for the weekend (per doctor's orders), but the breakfast will go on with staff. Among the topics likely to arise at tomorrow's breakfast include the the economic stimulus package and confirmation hearings.

Implementing Amendment 86: Annual sessions

On the jump is a memo from House Budget Co-chair Bruce Maloch and Senate Budget Co-chair Gil Baker outlining procedures for the "fiscal session" that was adopted by the Joint Budget Committee last Wednesday. A set of joint rules will be proposed to facilitate this plan. Included are recommendations concerning the Pre-Fiscal Session budget hearing process as well as the various appropriation bills to be considered during the session.

Talk Business: House sweeps hard feelings under the rug

Talk Business takes a look at the House in the wake of the close tobacco tax vote week before last. Speaking of the tobacco tax, the governor will hold a ceremony to sign HB1204 into law on Tuesday at 2:30.

Piney Woods Sunday

When Mike Cherry hung up his NFL shoulder pads for the last time, he moved back home to Texarkana, albeit several miles on the other side of State Line Ave deep in the Piney Woods. I usually run with him to get caught up on the Razorbacks and the local football/recruiting scene, but Sunday we were both trying to get ready for the Texarkana half-marathon over on his side of town, which takes place in a couple of weeks. Couldn't ask for better weather this weekend, and I was able to log 18 miles. Now it's back to the 501.