Daily Legislative Update
Tuesday, February 03, 2009
23rd Day of the 87th General Assembly
TODAY AT THE CAPITOL
House convenes at 1:30 p.m.
Senate convenes at 1:30 p.m.
Committee Meetings:
JOINT
HOUSE
SENATE
ISSUES
LOTTERY
WORKERS’ COMPENSATION
We are waiting on Legislative Council to complete a bill that contains the agreement negotiated between the State Chamber/AIA and the AFL-CIO.
We have left a message with the Highway Department to discuss possible amendments to HB 1187 by Rep. Garry Smith. This bill would allow full workers’ compensation benefits for job injuries to persons retired under the State Highway Employees’ Retirement System, in addition to retirement benefits. We object to the elimination of the offset of workers’ comp and retirement benefits and fear it would require all such offsets to be eliminated. This bill would also fall outside of our agreement with labor.
We visited with Rep. Garry Smith on Friday about HB 1266. Our fear was correct that it would eliminate the workers’ comp offset for police officers killed or injured in the line of duty. However, this was not Rep. Smith’s intent; he said the provision causing our concern was added by legislative drafting. He has an amendment being drawn and we hope to remove the offset provision from the bill.
We have not obtained any additional information about SB 237 by Sen. Joyce Elliott, which is another retirement bill that provides that police officers and firefighters with certain diseases will be presumed to have been injured in the line of duty for disability retirement benefits. Two years ago one of labor’s issues raised in our negotiations was a desire to have certain diseases presumed to have been caused in the line of duty for firefighters and maybe police officers.
PACKAGING MATERIALS EXEMPTION
HB 1084 by Rep. Lindsley Smith would limit the use of the “sale for resale” exemption for packaging materials sold to a manufacturer, to packaging made of biodegradable or recyclable materials. The State Chamber/AIA is opposed to this bill, which remains on the deferred list of this morning’s House Revenue and Taxation Committee agenda. Thanks to the members that have provided information that we have forwarded to DFA about this bill. If others have information about the cost to your business if this bill were to pass, please send that information to us as soon as possible.
STATE CHAMBER/AIA BILL TRACKING
To date the House has filed 282 bills and the Senate has filed 267 bills.
The State Chamber/AIA is tracking 126 bills and resolutions.
ISSUES
HB 1284 by Rep. Uvalde Smith…
New bills added to State Chamber/AIA tracking today:
Please visit our tracking site here for the complete, searchable list of bills being tracked. The full text of each bill is also available at the site.
TOMORROW AT THE CAPITOL
Committee Meetings for Wednesday, February 4, 2009
JOINT
HOUSE
SENATE
ISSUES
SB 33 by Sen. Robert Thompson would remove the prohibition against citing unpublished decisions of the Court of Appeals as precedent. Senator Thompson presented this bill in the Senate Judiciary Committee last Wednesday but did not ask for a vote. He wanted to give the committee time to consider the bill and he will likely bring it back up when the committee meets again tomorrow morning.
SB 33 would only affect un-published opinions on a going forward basis. He described the issue as having been studied and recommended by the Supreme Court’s Civil Practice Committee. Later the Court of Appeals judges voted against the proposal and then the Supreme Court justices voted against the proposal on a 4 to 3 vote. Passage of the bill would raise some constitutional issues according to Thompson.
If the bill allows un-published opinions to continue but gives them precedential value then we are concerned. If the bill only eliminates un-published opinions then we have no concern.
CONTACT INFORMATION
State Senators: 501-682-2902
State Representatives: 501-682-6211
State Chamber/AIA Staff
Randy Zook, President/CEO: rzook@arkansasstatechamber.com
Kenny Hall, Executive Vice President: khall@arkansasstatechamber.com
Angela DeLille, Director of Governmental Affairs:
adelille@arkansasstatechamber.com
State Chamber/AIA phone: (501) 372-2222
State Chamber/AIA web site: www.arkansasstatechamber.com



