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

	8:00 AM	Room 151	JBC-PERSONNEL	Agenda
	9:00 AM	Room 171	JOINT BUDGET COMMITTEE	Agenda

HOUSE

	10:00 AM	Room 151	REVENUE & TAXATION- HOUSE	Agenda
	10:00 AM	Room 138	EDUCATION COMMITTEE- HOUSE	Agenda
	10:00 AM	Room 428	PUBLIC TRANSPORTATION- HOUSE	Agenda
	10:00 AM	Room 130	PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE	Agenda
	10:00 AM	Room 149	JUDICIARY COMMITTEE- HOUSE	Agenda

SENATE

	10:00 AM	OSC	STATE AGENCIES & GOVT'L AFFAIRS-SENATE	Agenda
	10:00 AM	Room 171	INSURANCE & COMMERCE - SENATE	Agenda
	10:00 AM	ROOM 272	CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE	Agenda

ISSUES
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 342 bills and the Senate has filed 296 bills.
The State Chamber/AIA is tracking 138 bills and resolutions. 

New bills added to State Chamber/AIA tracking today:

	HB 1284	Smith, L.	Amends definitions regarding the tax exemption for manufacturing machinery equipment repairs and partial replacements.
	HB 1314	Baker, T.	Increases the population threshold by which cities are deemed eligible to provide workers compensation coverage through private carriers or by self funding from 70,000 to 80,000.
	HB 1316	Baker, T.	Makes houses, cabins, bed and breakfasts, and campgrounds subject to the municipal gross receipts tax on rental accommodations (hotel, motel tax).
	HB 1317	Baker, T.	Removes the requirement that a first class city must have a city park of 1,000 or more acres to levy the additional 1% local tax (hotel, motel, hamburger tax) and authorizes cities of the second class and incorporated towns to levy the tax.
	HB 1318	Nix	Establishes standards for drivers employed by contract carriers and for the vehicles used by the contract carriers for transporting railroad employees.
	HB 1323	Garner	Requires taxpayers who pay ad valorem taxes in installment payments to pay the entire amount of any fire protection district annual assessments owed with the first installment payment of the ad valorem taxes.
	HB 1326	Smith, L.	Gives the State Claims Commission jurisdiction over claims for attorney's fees and other expenses incurred by plaintiffs who prevail in actions under the Freedom of Information Act.
	HB 1328	Adcock Pritchard	Increases the exemption from sales tax on purchases of low-cost vehicles from $2500 to $5000.
	HB 1339	Davenport Smith, T.	Amends election law to adopt the Agreement Among the State to Elect the President by Nationwide Popular Vote.
	HB 1340	Moore	Authorizes cities of the first class, cities of the second class and incorporated towns to receive surplus campaign funds from candidates for public office.
	HB 1341	Moore	Increases the amount municipalities may fine violators from $500 to $1,000 and increases the amount for continuance of the violation from $250 per day to $500 per day.
	SB 295	Jeffress, J.	Removes specific dates and ages related to compulsory public school attendance in § 6-18-201(a)(1), substituting a reference to the date established in § 6-18-207 (Minimum age for enrollment in public school).

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

	8:00 AM	Room 272	JBC--PEER REVIEW	Agenda
	9:00 AM	Room 171	JOINT BUDGET COMMITTEE

HOUSE

	10:00 AM	ROOM 138	AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT- HOUSE	Agenda
	10:00 AM	Room 151	STATE AGENCIES & GOVT'L AFFAIRS- HOUSE	Agenda
	10:00 AM	ROOM 428	CITY, COUNTY & LOCAL AFFAIRS COMMITTEE- HOUSE	Agenda
	10:00 AM	Room 149	INSURANCE & COMMERCE- HOUSE	Agenda
	12:00 PM	428	HOUSE RULES	Agenda

SENATE

	10:00 AM	Room 171	JUDICIARY COMMITTEE - SENATE	Agenda
	10:00 AM	Room 272	PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE	Agenda
	10:00 AM	Room 207	EDUCATION COMMITTEE - SENATE	Agenda
	10:00 AM	Room OSC	REVENUE & TAX - SENATE	Agenda

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.

HB 1279 by Rep. Keith Ingram is a bill that was presented by ADEQ to the ESD Advisory Council. The State Chamber/AIA agrees with this bill as did the ESD Advisory Council on which members of the State Chamber/AIA Unemployment Insurance Committee sit along with members of the AFL-CIO and the public. It is on Wednesday’s agenda in the House State Agencies and Governmental Affairs Committee.

YESTERDAY AT THE CAPITOL
ISSUES
LOTTERY & TOBACCO TAX
State Rep. Steve Harrelson reported on his blog (www.underthedome.com) that the tobacco tax may be considered later this week by the House and that House members were expecting a briefing later this week on the leadership’s lottery proposal. The Arkansas Democrat-Gazette (www.arkansasonline.com) and the Arkansas News Bureau (www.arkansasnews.com) had lengthy stories about the lottery options yesterday.

WORKERS’ COMPENSATION
We continue to wait on Legislative Council to complete a bill that contains the agreement negotiated between the State Chamber/AIA and the AFL-CIO.

We played phone tag with the Highway Department yesterday trying 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. 

Nothing new to report on HB 1266 by Rep. Garry Smith. This bill 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 learned nothing new yesterday 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.

 

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