Daily Legislative Update

Wednesday, February 25, 2009
45thDay of the 87th General Assembly

*   *   *   CALL TO ACTION   *   *   *

MANUFACTURERS’ SALES TAX EXEMPTION FOR UTILITY USAGE

PLEASE CONTACT YOUR STATE LEGISLATORS AND ENCOURAGE THEM TO SUPPORT A REDUCTION IN THE SALES TAXES PAID BY MANUFACTURERS ON THEIR ENERGY COSTS.

The best information you can provide legislators is a report on how much sales tax you are paying on electricity and natural gas used directly in the manufacturing process along with an explanation of how the savings would enhance your operation, save or increase jobs, improve competition, etc.

Arkansas is completely non-competitive with our surrounding states on this issue. Mississippi charges a 1.5 percent sales tax rate, Tennessee charges 1.5 percent or less, while Louisiana, Texas, Oklahoma and Missouri all charge no sales tax on manufacturers’ energy costs.

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 272

JBC-SPECIAL LANGUAGE

Agenda

 
 

9:00 AM

Room 171

JOINT BUDGET COMMITTEE

Agenda

 

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 OSC

REVENUE & TAX - SENATE

Agenda

 
 

10:00 AM

Room 207

EDUCATION COMMITTEE - SENATE

Agenda

 
 

10:00 AM

Room 272

PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

Agenda

 
 

10:00 AM

Room 171

JUDICIARY COMMITTEE - SENATE

Agenda

 
 

Upon Adjournment

Room 309

SENATE RULES, RESOLUTIONS & MEMORIALS

   

ISSUES

SCRAP METAL

HB 1479 by Rep. Darrin Williams is on the agenda is this morning’s Senate Judiciary Committee. It would create a Class D felony for the offense of damaging wires and other fixtures of telephone, cable and electric power companies or any line that could result in physical injury. It also adds new restrictions and requirements on scrap metal dealers. This is an agreed bill by the parties in interest. The State Chamber/AIA supports this bill.

LOTTERY

Rep. Steve Harrelson is reporting on his blog, Underthedome.com, that there will likely be a joint meeting of the House Rules and Senate State Agencies Committees upon adjournment this afternoon to roll out the second component of proposed legislation to implement the Scholarship Lottery Amendment approved by voters on November 4. The meeting will be in the Old Supreme Courtroom on the Capitol's second floor.

STATE CHAMBER/AIA BILL TRACKING 

To date, the House has filed 611 bills and the Senate has filed 470 bills.

The State Chamber/AIA is tracking 253 bills and resolutions. 

The deadline for appropriations bills is Monday, March 2 and the deadline for regular bill filings is Monday, March 9.

ISSUES

PHARMACY BENEFIT MANAGEMENT (PBM)

HB 1601 by Rep. Allen Maxwell and SB 460 by Sen. Percy Malone are identical bills that require entities that are managers of pharmacy benefits plans for insurers, employers and certain other health care entities or health plans to itemize individual claims, disclosing the amount paid to a pharmacist, the identity of the pharmacist and the prescription number when the PBM seeks reimbursement or payment for services provided by the pharmacists. It also provides that a violation constitutes a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act. SB 460 is on tomorrow’s agenda in the Senate Insurance and Commerce Committee.

EQUAL RIGHTS AMENDMENT

HJR 1014 by Rep. Lindsley Smith and SJR 12 by Sen. Sue Madison would ratify the proposed amendment to the United States Constitution guaranteeing equality of rights to women and authorizing Congress to enforce by legislation those provisions. It requires the Secretary of State to provide Archivist of the U.S. with a copy of the resolution and provides that copies be given to Arkansas’s U.S. Senators, U.S. House of Representatives, Vice President of the United States and Speaker of the U.S. House of Representatives.

New bills added to the State Chamber/AIA tracking today:

HB 1599  

Carter

Creates an income tax deduction of 125 percent of the contributed amount for charitable contributions to nonprofit organizations.

HB 1601  

Maxwell
Malone, P.

Requires pharmacy benefit managers to itemize reimbursement amounts sought for pharmacist services and pay the amounts it receives to the pharmacies or pharmacists that provided the services.

HB 1608  

Breedlove

Adds twine used for bailing hay to the sales tax exemption for other agricultural bagging, tying and packaging materials.

HB 1610  

Garner
Baker, G.

Creates a sales tax credit for up to $1,000 against the cost of certified services or other costs that businesses incur in order to comply with the changes made under the Streamlined Sales and Use Tax Agreement.

HJR1014  

Smith, L.
Madison

Ratifies the proposed amendment to the U.S. Constitution guaranteeing equal rights to women. (Same as SJR 12)

SB 309  

Jeffress, J.
Shelby

Prohibits persons with a learner's license or an intermediate driver's license from using a cellular phone or other interactive wireless communication devices while operating a vehicle and other restrictions.

SB 460  

Malone, P.

Requires pharmacy benefit managers to itemize individual claims on billing, including the pharmacy name, the amount paid to the pharmacy, and the prescription number; makes violations a deceptive trade practice.

SB 470  

Elliott
Rainey

Creates the Legislative Task Force on Reducing Poverty and Promoting Economic Opportunity.

SJR 12  

Madison
Smith, L.

Ratifies the proposed amendment to the U.S. Constitution guaranteeing equal rights to women. (Same as HJR 1014)

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 Thursday, February 26, 2009

JOINT

 

8:00 AM

Room 151

JBC-PERSONNEL

   
 

9:00 AM

Room 171

JOINT BUDGET COMMITTEE

   

HOUSE

 

10:00 AM

Room 130

PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

Agenda

 
 

10:00 AM

Room 151

REVENUE & TAXATION- HOUSE

Agenda

 
 

10:00 AM

Room 138

EDUCATION COMMITTEE- HOUSE

Agenda

 
 

10:00 AM

Room 149

JUDICIARY COMMITTEE- HOUSE

Agenda

 
 

10:00 AM

Room 428

PUBLIC TRANSPORTATION- HOUSE

Agenda

 

SENATE

 

10:00 AM

ROOM 272

CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE

Agenda

 
 

10:00 AM

OSC

STATE AGENCIES & GOVT'L AFFAIRS-SENATE

Agenda

 
 

10:00 AM

ROOM 309

AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT - SENATE

Agenda

 
 

10:00 AM

Room 171

INSURANCE & COMMERCE - SENATE

Agenda

 

ISSUES

UNEMPLOYMENT INSURANCE

HB 1478 by Rep. Mike Patterson would authorize certain information to be shared between the Department of Workforce Services (DWS) and the Department of Finance and Administration. It is on the agenda in the House Revenue and Taxation Committee.

SB 429 by Sen. Tracy Steele is a significant bill filed by the Department of Workforce Services that addresses a very serious situation regarding the rapidly declining balance in the trust fund that pays unemployment insurance claims. It has been referred to the Senate Public Health, Welfare and Labor Committee.

The ESD Advisory Council, on which the State Chamber/AIA and the AFL-CIO each hold five positions along with three consumer representatives, will meet this afternoon to discuss HB 1478 and SB 429 as well as the impact of federal stimulus funds.

FOOD TAX

SB 88 by Sen. Bobby Glover would reduce the sales tax on food and food ingredients by 1 percent. This is a priority item for Governor Beebe. The bill remains on the House Revenue and Taxation Committee agenda. 

WORKPLACE

HB 1552 by Rep. Lindsley Smith provides that employers shall provide unpaid break time each day to any employee who needs to express breast milk for her child in order to maintain milk supply, and to make a reasonable effort to provide a private and sanitary room for her to do so. This bill is on the agenda in the House Public Health, Welfare & Labor Committee.

YESTERDAY AT THE CAPITOL

ISSUES

WORKERS’ COMPENSATION

HB 1362, the agreed workers’ compensation bill between the State Chamber/AIA and the AFL-CIO, passed the House yesterday by a vote of 97-0. It has been referred to the Senate Insurance and Commerce Committee.

SEAT BELT AND GRADUATED DRIVERS LICENSE LAWS

SB 78 by Sen. Wilkins and Rep. Allen received a Do Pass yesterday morning from the House Public Transportation Committee and is on this afternoon’s House Calendar for consideration by the full House. The bill would repeal ACA 27-37- 704, which prohibited vehicle stops solely to determine compliance with seat belt laws. The bill would forbid the suspension or revocation of a driver's license based on violation of seat belt laws. In 2006, approximately five out of every 1,000 belted drivers were hospitalized in Arkansas after a traffic crash compared with 56 out of every 1,000 unbelted drivers. These crash-related hospitalization charges were almost $174,000 for every 1,000 belted drivers in a crash compared with more than $2.7 million for every 1,000 unbelted drivers.

SB 309 by Sen. J. Jeffress and Rep. Shelby has been set for a Special Order of Business in the House Public Transportation Committee on Tuesday, March 3. It would prohibit the use of a cellular phone or other interactive device while operating a motor vehicle by a driver with a learners' driver's license or intermediate driver's license. It would also place restrictions on driving hours for those with intermediate driver's licenses unless accompanied by a licensed driver who is at least 21 years old or driving to or from school or church-related activity or job or due to an emergency and would restrict passengers to not more than one unrelated passenger unless accompanied by a licensed driver who is at least 21 years old and in the front passenger seat. Motor vehicle crashes were the leading cause of death for teens from 1999 to 2005, causing 78 percent of all Arkansas teen fatalities during that time period. Studies estimate a crash reduction of 20 to 30 percent in states with strong graduated drivers’ licensing laws.

The State Chamber/AIA has policy in support of these provisions to reduce trauma in Arkansas. 

SESSION EXTENSION

HCR 1012 by Rep. Robert Moore would extend the session until April 10. It passed the House yesterday by a vote of 90-7 and must now be voted on by the Senate.

MINIMUM WAGE

HB 1464 by Rep. Jim Nickels received a Do Pass recommendation from the House Public Health, Welfare and Labor Committee. This bill would make Arkansas’s minimum wage law match the federal government. It is on today’s House Calendar. The State Chamber/AIA does not have a position on this bill.

CONTACT INFORMATION

State Senators: 501-682-2902
State Representatives: 501-682-6211
State Chamber/AIA Staf
f
Randy Zook, President/CEO: rzook@arkansasstatechamber.com
Kenny Hall, Executive Vice President: khall@arkansasstatechamber.com  
Angela DeLille, Director of Governmental Affairs:adelille@arkansasstatec hamber.com
State Chamber/AIA phone: (501) 372-2222
State Chamber/AIA web site: www.arkansasstatechamber.com