Week in review.

A flood of tax cuts passed the House, including a break for development in urban business districts, an exemption from capital-gains levies and a back-to-school tax holiday. Gov. Beebe expressed reservations about the cuts. The Joint Budget Committee continued to have epic meetings as it tried to wrap up the state’s finances. The committee voted to raise the salary of Director of Higher Education Jim Purcell by $50,000 despite vocal opposition by some members.

Lawmakers rushed to pass bills through committee as the session approached its final week. A Senate committee rejected a bill that would restrict the sale of toy guns in Arkansas. The bill is named after a child who was shot by police in 2007 while reportedly carrying a toy gun. Lawyers for the child’s family have said the bill title hurts their case, since they are arguing that the child was not actually carrying a toy gun when he was shot. Another Senate committee oversaw a compromise between weapons groups and FOI advocates that will allow open access to the names and zip codes of concealed-carry holders. A House committee rejected two energy efficiency bills in the face of opposition from energy companies. Another House committee told acupuncturists they cannot call themselves doctors.

The Senate asked voters to decide, in 2010, whether the people of Arkansas should have a constitutional right to hunt and fish. The Senate said immigrant children who have had three years at an Arkansas high school cannot go to college at in-state rates if they do not have proper documentation. The House rejected a resolution informing the federal government that Arkansas has states’ rights.

The House passed a bill to ban lobbyists from giving lawmakers their credit cards to pay for stuff, but only after House Republicans used a procedural move to delay the measure. Members of the House Rules Committee were forced to rehear the bill on the spot after Rep. Ed Garner objected to a provision that would prevent lobbyists from being paid based on legislative action. Of his objection, Rep. Garner said, “I’ve opened up a whole can of Pandoras.”

Week in review.

Lawmakers went haywire when the Department of Finance and Administration told them the newly raised cigarette tax will bring in $14 million less then expected. “I have a hard time swallowing this one,” said Sen. Terry Smith, who provided a key vote for the tax hike earlier in the session. Gov. Beebe said all the healthcare initiatives the tax is intended to pay for will still be funded, though at a lower rate than earlier assumed. Gov. Beebe asked the legislature to give him $100 million to plug budget gaps.

A Senate committee declined to recommend two ethics bills. Sen. Bill Pritchard complained that one of the bills would make him wait too long to become a lobbyist if he quit the Senate early because of financial hardship. A separate Senate committee refused to approve a bill that would set the death-penalty procedure and make it easier for the state to kill people. Some senators were concerned about the bill’s total ban on making information about executions public. Yet another Senate committee rejected a measure that would allow children of illegal immigrants to attend Arkansas colleges at an in-state rate. The committee passed the exact same bill two days later. It has yet to come to what is sure to be a controversial floor vote.

A House committee approved a ban on toy guns that look like real guns. The same committee rejected Rep. Mark Martin’s bill allowing people to carry real guns in plain sight amidst concern about the bill’s lack of training requirements and machine-gun restrictions. Rep. Martin failed to pass a bill through a different committee that would allow the parents of developmentally disabled children to home-school their kids with the aid of state money.

Rep. Beverly Pyle’s bill to allow people to carry firearms in church failed for a second time in a Senate committee. Rep. Pyle was more successful in passing through committee a bill to ban masseurs from touching a client’s breasts, anus and genitals. Rep. Pyle said she wanted to clarify that prostitution is not OK in Arkansas. Later in the week, Rep. Pyle said she stopped going to parks in Eureka Springs after the city created a registry for domestic partnerships. “When you go through the parks there are people acting like animals lying around,” she said.

Week in review.

Focus turned from the hard slog of lottery legislation to divisive cultural issues this week. The Senate State Agencies Committee declined to pass the Equal Rights Amendment to the U.S. Constitution by one vote. Sen. Bobby Glover said he voted against the measure because testimony did not convince him that women are discriminated against in Arkansas. By a wide margin, the House of Representatives passed a bill that will remove information about concealed-carry permittees from public access. Debate was greater over a measure that will put certain restrictions on teen drivers. Rural legislators were against rules that will limit how many teens can be in a car at one time.

A House vote went narrowly in favor of a bill that would penalize adults who serve teens alcohol on their property. In the Senate, a vote to require that a majority of Oil and Gas commissioners be experienced in the oil and gas industry sparked a fight. The disputed bill ultimately passed.

The House State Agencies Committee told participants in amateur combative sport that they have to be regulated by the State Athletic Commission. The same committee said it was not a good idea to tell the federal government to cease and desist from giving Arkansas unfunded mandates. The House Judiciary Committee told Sen. Denny Altes he cannot ban trial lawyers and chiropractors from using accident reports for solicitation purposes.

Rep. Steve Cole said revealing that someone suffers from a communicable disease is the same thing as outing a person with a concealed-weapon permit. Arguing against a new form of non-profit business structure, Rep. Jim Nickels said Arkansas should not be on the cutting edge. Rep. Monty Davenport made a joke about women drivers on the House floor.

Week in review.

Legislators unveiled draft legislation to direct lottery money toward college scholarships. Over 11,000 entering freshmen are expected to be eligible for state funding when the program begins in 2010. Lawmakers introduced a series of bills that would reduce energy use and subject public utilities to stricter state regulation.

The House passed a bill that would require Arkansas to cast its electoral college ballots for the winner of the national popular vote. A similar measure died in a Senate committee in 2007. Sen. Steve Faris said there would be enough votes to kill the bill in his committee. In the face of opposition from civil libertarians who said it would increase racial profiling, a law making failure to wear a seat belt a primary offense went through the House. The governor will sign it. The House gave final approval to a reform of the state Martin Luther King Jr. Commission. The commission will shed half its members and the governor will gain the authority to hire its director. A gubernatorial spokesman said there are no plans to make a change the current director at this time. The House rejected a plan to make prosecutorial elections non-partisan.

After hearing testimony from two hostile motorcyclists, a Senate committee declined to approve a bill that would require bikers to either get health insurance or wear a helmet. The same committee refused a bill forcing gravel-carrying trucks to be covered with a tarp following commentary from hostile county judges. A separate Senate committee said people should not be allowed to bring concealed firearms into churches.

Rep. Otis Davis, a pastor, told the House that it would be a sin not to vote for the aforementioned seat belt law. 40 members sinned. Rose Jones, arguing to the House State Agencies Committee that it should not reform the Martin Luther King Jr. Commission, imagined aloud that Mahmoud Ahmadinejad took over the Arkansas Capitol.  Rep. John Edwards said Aaron Copland’s “Fanfare for the Common Man” makes him think about the Freedom of Information Act.

House committee approves King Commission reform.

The embattled Arkansas Martin Luther King Commission took a step closer to reform today when the House State Agencies Committee approved a bill that will reduce the commission’s membership and change how employees are appointed. Sen. Hank Wilkins, the measure’s sponsor, has pushed the bill in spite of opposition from some commission members.

If the bill gains approval in the House, as is likely, commission membership will be reduced from 26 to 13. In past years the commission has had difficulty achieving a quorum to conduct business.

The bill will also entitle the governor to select the commission’s executive director. He can dismiss the executive director at any time.

Several current commission members, who stand to lose their positions if the bill is enacted, testified against the change. They said they had not been consulted and took issue with the stipulation that the executive director serve at the pleasure of the governor. Judy Green, a onetime member, said it was a “slap in the face” when Gov. Beebe called the commission an embarrassment last year.

Commissioner Diana Charles said the commission has been unfairly portrayed in the media. “The true story of the King Commission has never come before the people of Arkansas,” she said. She did not elaborate.

None of these arguments swayed the committee, who approved the bill unanimously. Sen. Wilkins said it pained him personally to make the change — his father wrote the state MLK holiday and his mother wrote the law enacting the MLK Commission — but that reform is necessary.

Week in review.

After weeks of negotiation, House and Senate leaders unveiled part of draft legislation that will create a lottery in Arkansas. The current bill, which is subject to change before it is officially filed, includes tough ethics rules and an express ban on video lottery and casino gambling. The second half of the draft legislation, which deals with lottery-funded scholarships, is slated to be released next week. It is expected to be more controversial than the first part of the bill.

The Senate sent a ban on partial-birth abortion to Governor Beebe’s desk. He has said he will sign the measure. The House voted to repeal the state tax on charitable bingo, though the bill may receive amendment in the Senate. Supporters of the repeal say the tax is an unfair burden on non-profits and that it limits their ability to fund worthy activities such as scholarships. Opponents argue that the tax cut will limit bingo oversight and allow commercial operators to move into the state. The Department of Finance and Administration has protested the loss of $1.2 million in revenue from the tax. The House also approved fee hikes for wine and spirits permits. The new fees, which have already made it through the Senate, will allow Alcoholic Beverage Control to ramp up enforcement and improve its technology. The measure stoked controversy when first debated in the Senate; some small wholesalers said the permit increases would put them out of business. It has since been revised to charge lower fees to wholesalers who distribute under a certain volume.

The House State Agencies Committee approved a measure to eliminate the partisan election of prosecutors. Opponents argued that the measure is itself partisan. The Senate Judiciary Committee recommended a bill making it a misdemeanor to transmit voyeuristically obtained images; in the face of opposition from defense lawyers, it deferred action on a bill to enhance penalties for domestic assault carried out in the presence of a child.

Former President Bill Clinton addressed a joint session of the legislature in front of two full galleries. He arrived forty minutes late and encouraged lawmakers to provide means for more efficient energy in buildings. A House committee declined to recommend that the blue catfish become the official fish of Arkansas. The ichthyological honor is currently unclaimed. Another House committee recommended a byzantine procedure to determine who rightfully controls the remains of dead people. The Senate told Turkey to stop harassing the Ecumenical Patriarch of the Orthodox Church.

Big Willie Wednesday.

The big question ahead of Bill Clinton’s visit to the legislature this morning was: What is he going to talk about? The general thought leading up to his arrival was that there would be a good deal of reminiscing about his days in Arkansas.

Clinton did his share of that, as he thanked many who had served during his administration. He took particular note of Sen. Bobby Glover, who Clinton said gave him his first $100 contribution for his 1976 Attorney General campaign. He also noted the increased diversity in the legislature and the state as a whole. “This is a more interesting country, and the state is a more interesting state, than it was 30 years ago,” he said.

But it wouldn’t be a Clinton speech without policy prescriptions, and he provided plenty. He applauded President Obama’s stimulus plan and expressed a belief that the economic downturn will continue somewhere from six to twenty-four months.

He encouraged Arkansas legislators in their work and commended them on lowering the grocery tax. But he reminded them that they had it fairly easy compared to lawmakers in states with multi-billion-dollar deficits. Of the lottery creation process he practically told legislators to buck up:  “The details are mind-numbing, but this is normal!”

The most interesting part of Clinton’s speech, however, was a policy suggestion specific to Arkansas: If the federal bank bailouts succeed, he said, then state government should work with banks to obtain loans for retrofitting buildings. Combined with a government match for bank contributions, the program could be used to install efficient lighting in homes and buildings across the state. Savings in utility bills would pay the cost, Clinton said.

In fact, some legislators have been discussing a program that will help homeowners do something similar to what Clinton proposed today, though it is unclear if banks would be involved.  Rep. Kathy Webb said she would present a package of environment and energy bills next week that could include the program.

Week in review.

By a one vote margin, the Senate decided to send a tobacco tax increase to the governor’s desk. The tax will pay for various healthcare provisions and a statewide trauma system, which legislators still have to create. Senators voted to cut in half the number of members on the state Martin Luther King Jr. Commission. The 26-member commission endured a long period of political infighting before a leadership change last year.

Without debate, the House approved of outlawing a particular abortion method. The bill caused a stir in committee after its sponsor presented a last-minute rewrite that opponents were unable to review before their testimony. The House rejected a measure that would have allowed wider access to the criminal records of public officials. It passed a bill that will allow people to bring concealed weapons into churches. Speaking on the floor in favor of the bill, Rep. Donna Hutchinson said she felt forced to vote for it because it is unfair that poor churches are unable to afford private security teams.

The Senate Judiciary Committee put on hold a proposal to create the crime of strangulation. Opponents argued that strangulation is covered under other parts of the law, and that a new criminal category could wreak havoc in courts. A House committee said natural gas companies should be able to use the power of eminent domain in order to lay pipelines. A separate committee ruled that the Arkansas Contractors Licensing Board cannot fine contractors who knowingly hire illegal immigrants.

Rep. Richard Carroll, a white legislator who comes from a majority-black district and whose wife is black, tried to join the Legislative Black Caucus. His request was denied. To join, said the caucus chairman, “You have to be an elected legislator and you have to be black.” Sen. Tracy Steele, the term-limited senator who is rumored to be considering a challenge for Carroll’s House seat in 2010, said he has not ruled out running for President of the United States. Backed only by a shoddy CD player, Charley Pride sang over half an hour of his country hits from the Senate lectern. A House committee recommended that the full body commend Bobby Hurley of Clarksville for making the Professional Rodeo Hall of Fame.

Week in review.

The House of Representatives narrowly passed a bill raising the state tax on tobacco after weeks of heated debate. House Republicans objected to the measure and hosted Dick Armey to speak against it on Tuesday. House Minority Leader Rep. Bryan King suggested that the state should close one of its two law schools to raise money instead of raising taxes. Argument continued up to the very vote, as opponents shouted at Rep. Greg Reep while he presented the bill on the House floor. Rep. Mark Martin later apologized to the whole body for being among the hecklers.

Rep. Martin failed to persuade the Senate Health Committee that it should allow the sale of small quantities of unpasteurized cow’s milk. His proposed bill failed on an extremely close voice vote. No member of the committee asked for a roll call vote. The House Judiciary Committee heard over an hour of debate on whether holders of a concealed-carry permit should be allowed to bring guns into churches. It eventually said yes. The same committee debated whether the criminal records of public officials should be made generally available, but it did not take action. The House passed a bill allowing independent candidates for office an extra 30 days to collect enough signatures to be allowed on the ballot. The Senate approved a one-cent cut of the state grocery tax.

The Senate passed Sen. Kim Hendren’s resolution commemorating Ronald Reagan. Sen. Hendren said he would support a similar measure honoring Jimmy Carter. The House State Agencies committee approved a resolution congratulating Barack Obama after rejecting a similar one that called the United States a nation founded by slave owners. The new resolution refers instead to “a country whose history includes the shame of slavery.” Cliff Lee received a ceremonial award and declared Derek Jeter a difficult batsman to retire. Rep. Buddy Lovell told the House of Representatives that a bill he sponsored doesn’t really do anything. The bill, HB1345, passed.

Week in review.

The legislature sent an animal cruelty bill to the governor’s desk. Supporters of a tax increase on cigarettes held a large rally and introduced a bill. The Arkansas GOP confirmed that former U.S. House Majority Leader Dick Armey will speak against the bill at the capital on Tuesday. Opponents of the tobacco tax released their own bill, which would pay for a proposed trauma center but not other health programs Gov. Beebe wants.

The House passed a ban on text messaging while driving and voted to criminalize the dissemination of voyeuristic images.  A Senate committee endorsed lowering Arkansas flags to half-mast for three days when a soldier from the state dies in combat. Representatives introduced a bill that would  force recipients of benefits from the Department of Human Services to submit to random drug tests. Another drug-testing measure awaited a hearing in the Senate Health Committee. The Senate Judiciary Committee fought over whether Arkansas Court of Appeals decisions should always be binding precedent, but came to no conclusion. The House decided not to give the State Board of Registered Interior Designers the $10,635 it asked for. Legislators told Alcoholic Beverage Control that it cannot charge wine and liquor wholesalers $11,800 for an annual permit.

The House State Agencies Committee voted to not congratulate Barack Obama on becoming president. Some members of the committee said it was divisive to refer to the history of American slavery. Sen. Bobby Pritchard said Thomas Paine was less deserving of a commemorative day than Jefferson Davis. Rep. Tracy Pennartz publicly admitted that she had never seen a soybean.

State of the State: Beebe cautious but optimistic.

Emphasizing that fallout from the poor economy poses the greatest challenge this legislative season, Gov. Beebe nevertheless gave a hopeful State of the State address this morning. Arkansas is in an ‘enviable position’ fiscally and can afford to increase funding for education and the Department of Children and Family Services (DCFS), Beebe said. As expected, he also asked for a one-cent cut to the grocery tax and an increase to the per-pack cigarette tax. At 56 cents, the cigarette tax increase is slightly higher than the 50-cent figure that has been bandied about in the media of late. He also said the legislature may have to tap rainy-day funds in order to maintain spending priorities.

Though Beebe said spending at most state agencies should remain level, he called for increased funds for K-12 education in order to better prepare students for college. His education plans would increase per-student spending by $234 over the next two years.  Beebe was emphatic that the new lottery and the college scholarships it will fund must be efficient and transparent. “When we promise scholarships, money must remain available if the student remains qualified,” he said. He also stressed that state colleges must must emphasize graduation rates, not enrollment. The relative importance of enrollment numbers has become an issue in the wake of an exploding student population at UCA.

Beebe said greater DCFS funds should be used to increase caregiving resources and reduce caseloads at the department. He also encouraged legislators to change state law in order to increase transparency at DCFS. The availability of DCFS information to the public became an issue last year when four children died in foster care. The department cited state law in refusing to release information about the deaths. Beebe spokesman Matt DeCample said he was unsure of whether the governor’s proposal touches on that law. He said he did not know which specific laws the governor has in mind for revision.

Day One: Wills speaks, assigns committees.

Day one of the 2009 Arkansas General Assembly — today — was full of pomp and circumstance, including multiple appearances by a man at the door of the House of Representatives carrying a giant wooden ceremonial rod. Speeches were given, and several legislators looked bored. There was a notable performance of God Bless America that carried on one verse too long and was backed by an absolutely horrifying mechanical drumbeat.

But there was also business of importance.

Robbie Wills was sworn in as speaker of the House of Representatives and spoke to the body of his hopes for the session. The local media has pinned Wills as dull, but he gave an effective speech touching on some issues that have not received much attention in the run-up to the session. Will health care, particularly AR Kids and community based health centers, receive additional funding? Will the state take measures to expand broadband to rural areas?

Wills also announced committee chairs. Their work will begin after Gov. Mike Beebe gives his State of the State address tomorrow at 10:30 am.

Manifesto.

A spectre is haunting Arkansas — the spectre of the 2009 General Assembly. The Legislative Beat is here to shed light on this spectre.

Like the commission that has been proposed to run the new state lottery, the Legislative Beat will be quasi-independent. It will receive support from the Arkansas Times, to which its author will occasionally contribute reporting.

The purpose of the Legislative Beat is twofold. It will report day-to-day from the General Assembly; i.e., it will provide news. It will also analyze policies and proposals debated in the session.

Readers will notice that the design of the Legislative Beat is sparse. That is so as to emphasize words. Video will not appear on the blog. Photos, if they appear, will be few.

Frequently articles will continue on another page, along with comments. The entirety of such articles, including this one, can be accessed by clicking the red button below.