Daily Legislative Update
Tuesday, February 10, 2009
30th Day of the 87th General Assembly
* * * CALL TO ACTION * * *
MANUFACTURERS SALES TAX EXEMPTION FOR UTILITY USAGE
We have been working the issue of expanding the sales tax reduction for manufacturers’ utility usage quietly since the session began. However, it is now time to ask your legislators to support an exemption. We are working to get a bill filed that will provide a full sales tax exemption for all manufacturers’ utility usage.
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 |
|
|
Upon Adjournment |
Room 171 |
ENERGY - JOINT |
Agenda |
|
HOUSE
|
10:00 AM |
Room 130 |
PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE |
Agenda |
|
|
10:00 AM |
Room 428 |
PUBLIC TRANSPORTATION- HOUSE |
Agenda |
|
|
10:00 AM |
Room 149 |
JUDICIARY COMMITTEE- HOUSE |
Agenda |
|
|
10:00 AM |
Room 151 |
REVENUE & TAXATION- HOUSE |
Agenda |
|
|
10:00 AM |
Room 138 |
EDUCATION COMMITTEE- HOUSE |
Agenda |
|
SENATE
|
10:00 AM |
Room 171 |
INSURANCE & COMMERCE - SENATE |
Agenda |
|
|
10:00 AM |
OSC |
STATE AGENCIES & GOVT'L AFFAIRS-SENATE |
Agenda |
|
|
10:00 AM |
ROOM 272 |
CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE |
Agenda |
|
ISSUES
FOOD TAX
SB 88 by Sen. Bobby Glover would reduce the sales tax on food and food ingredients by 1%. It is on today’s House Revenue and Taxation Committee agenda.
COURT DECISIONS
SB 33 by Sen. Robert Thompson is on this morning’s House Judiciary Committee agenda. It would remove the prohibition against citing unpublished decisions of the Court of Appeals as precedent. SB 33 would only affect un-published opinions on a going forward basis. SB 33 could be impacted by the passage of HB 1033 by Rep. Steve Harrelson, which makes changes in how court cases are reported. HB 1033 remains on the Senate Judiciary agenda.
AUTHORIZATION FOR ADEQ TO GATHER INFORMATION
HB 1279 by Rep. Keith Ingram is a bill that would allow ADEQ to access employer lists to gather required information to satisfy the federal EPA. 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 today’s Senate State Agencies and Governmental Affairs Committee agenda.
NURSING HOMES
HB 1232 by Rep. George Overbey and Sen. Barbara Horn is a bill that created a bit of tension when it was filed a couple of weeks ago. Since the tort reform laws were passed in 2003, the Committee to Save Arkansas Jobs/State Chamber/AIA and the Trial Lawyers Association have operated under an agreement that neither would push any new legislation related to tort reform. When HB 1232 was filed the trial lawyers considered it a violation of the agreement. However, the trial lawyers and nursing homes worked together and reached an agreement that this bill was not a tort reform bill and they have agreed on the language of the bill, which would provide long-term care quality assurance committee members protection from civil action for acts taken within the scope of the committee without malice or fraud and provides that committee proceedings are confidential.
CRIMINAL UCC FILINGS
HB 1161 by Rep. Lindsley Smith and Sen. David Johnson is on the agenda in the House Judiciary Committee. This bill would create the offense of fraudulent filing of a uniform commercial code financing statement, a Class A misdemeanor for the first offense, Class C felony for a subsequent offense, and provides for civil causes of action.
STATE CHAMBER/AIA BILL TRACKING
To date the House has filed 410 bills and the Senate has filed 332 bills.
The State Chamber/AIA is tracking 163 bills and resolutions.
New bills added to the State Chamber/AIA tracking today:
|
HB 1394 |
Edwards |
Adds code enforcement officers and animal control officers to the criminal offense of obstructing governmental operations. |
|
HB 1395 |
Edwards |
Adds code enforcement officers and animal control officers to the criminal offense of obstructing interference with a law enforcement officer. |
|
HB 1396 |
Edwards |
Adds code enforcement officers and animal control officers to the criminal offense of battery in the second degree. |
|
HB 1407 |
Greenberg |
Allows insurers to offer health care coverage insurance without regard for state-mandated benefits. |
|
HB 1410 |
Hoyt |
Includes mortgage lien protection in the definition of casualty insurance for purposes of the Insurance Code, specifying proper issuance, coverage, credit ramifications, and other. |
|
SB 317 |
Faris |
Prohibits specific political contributions from prohibited political action committees, requires registration of independent expenditure committees, prohibits public employees from devoting office time to gathering signatures, more. |
|
SB 320 |
Bryles |
Authorizes municipalities to refer to the voters a change to extend the expiration date for a local sales and use tax beyond the expiration date previously approved. |
|
SB 321 |
Bryles |
Authorizes counties to refer to the voters a change to extend the expiration date for a local sales and use tax beyond the expiration date previously approved. |
|
SB 322 |
Teague |
Amends sales tax provisions to be consistent with the Streamlined Sales and Use Tax Agreement and provides that sales tax is levied on the withdrawal of goods from the stock of an established business. |
|
SB 323 |
Capps |
Adds a definition of developmental disability to income tax provisions, replacing the code reference to ACA 20-48-202 and -101. |
|
SJR 6 |
Broadway |
Proposes an amendment to the Constitution making savings from performance-based efficiency projects revenue under the revenue bond statutes (incomplete bill). |
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 11, 2009
JOINT
|
8:00 AM |
Room 272 |
JBC-SPECIAL LANGUAGE |
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 |
|
|
10:00 AM |
130 |
AGING, CHILDREN AND YOUTH, LEGISLATIVE & MILITARY AFFAIRS- HOUSE |
Agenda |
|
|
12:00 PM |
428 |
HOUSE RULES |
Agenda |
|
SENATE
|
10:00 AM |
Room 272 |
PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE |
Agenda |
|
|
10:00 AM |
Room 171 |
JUDICIARY COMMITTEE - SENATE |
Agenda |
|
|
10:00 AM |
Room OSC |
REVENUE & TAX - SENATE |
Agenda |
|
|
10:00 AM |
Room 207 |
EDUCATION COMMITTEE - SENATE |
Agenda |
|
ISSUES
WORKERS’ COMPENSATION
HB 1362 by Representatives Mike Burris & Rick Green and Senators Jerry Taylor & Joyce Elliott contains the agreement between the State Chamber/AIA and the AFL-CIO. Work is continuing on the language in the bill related to requirements for proof of insurance to the Contractors Licensing Board. We are working with labor, the Associated General Contractors, the Contractors Licensing Board and legislators to amend the language to eliminate concerns.
TOBACCO TAX
HB 1204 by Rep. Gregg Reep and Sen. Tracy Steele is on tomorrow’s Senate Committee on Revenue and Taxation agenda. This bill would provide funding for a hospital trauma system and other statewide healthcare needs.
YESTERDAY AT THE CAPITOL
ISSUES
HIGHWAYS
SB 104 by Sen. Bobby Glover passed the House yesterday by a vote of 95-1 and will now go to Governor Beebe for his signature. It would extend the State Highway Commission’s window of time to issue bonds for interstate improvement from the end of 2013 to the end of 2015. The State Chamber/AIA supported the original interstate bond program in 1999 and its renewal in 2007.
LOTTERY
Yesterday members of the General Assembly were given a report by the select group of legislators that have been working behind the scenes on the legislative issues related to the lottery. Rep. Steve Harrelson reports on his blog, www.underthedome.com that a bill is expected by Friday. Here is a summary of the recommendations from Rep. Harrelson:
A few highlights of the scholarship component:
• A new scholarship would be created temporarily named the "Arkansas Opportunity Scholarship." Eligibility: (1) Graduate from high school with a 2.5 GPA, (2) score 19 on the ACT or (3) earn a 2.5 GPA after completing 12 semester hours at a two year or four-year college.
• Initial scholarship awards would be at least $1,500 per year at a four-year school and $750 per year at a two-year school.
• The scholarship could be renewed for up to 130 attempted semester hours if the recipient maintains a 2.5 grade-point average.
• A Smart Core Incentive will provide $500 beyond the Opportunity Scholarship.
• A Transfer Scholarship of $2,500 each year will be created for recipients who complete an associate degree and go on to a four-year degree program.
• A STEM (Science, Technology, Engineering, Math) Grant will be created for applicants who are admitted to a higher education program in a high-demand science, technology, engineering and mathematics field, which will be determined by the governor’s Workforce Cabinet. Eligibility requirements would include a 2.75 GPA to receive and keep a grant. We would also expand GO, CHALLENGE, and other existing scholarship programs.
Highlights of the governing component:
• A nine-member lottery commission would establish and oversee the lottery.
• The commission would appoint a director for the lottery’s daily operations.
• A Lottery Scholarship Division would be created within the Dept of Higher Ed and would develop the rules, determine eligibility and determine the amount of the scholarship and grant awards.
• The legislation would bar a lottery vendor from making political contributions or gifts to a public official and commission members or employees.
• The commission would provide compensation to lottery retailers of at least 5% of gross sales, the memo said.
• Unclaimed winnings (up to $200,000) will go in a fund to help with gambling addiction.
• A reserve fund of up to $50 million will fund scholarships in the event the bottom falls out of the economy or if tickets sales fall to zero.
• If you win the lottery, any child support arrears, tax liens or judgments will come off the top.
• Casino-style gambling and video lotteries would be explicitly prohibited under the legislation.
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
