Daily Legislative Update

Friday, February 27, 2009
47th Day of the 87th General Assembly

*   *   *   CALL TO ACTION   *   *   *

MANUFACTURERS SALES TAX EXEMPTION FOR ENERGY USAGE

HB 1624 by Rep. David Dunn would provide a sales tax exemption for all fuel and energy used by businesses in the manufacturing process. PLEASE CONTACT YOUR STATE LEGISLATORS AND ENCOURAGE THEM TO SUPPORT A REDUCTION IN THE SALES TAXES PAID BY MANUFACTURERS ON THEIR ENERGY COSTS.

TODAY AT THE CAPITOL

House convenes at 10:00 a.m.

The Senate does not meet.

Committee Meetings:

JOINT

None listed.

HOUSE

9:00 AM

ROOM 428

CITY, COUNTY & LOCAL AFFAIRS COMMITTEE- HOUSE

Agenda

 

9:00 AM

Room 149

INSURANCE & COMMERCE- HOUSE

Agenda

 

9:00 AM

ROOM 138

AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT- HOUSE

Agenda

 

9:00 AM

Room 151

STATE AGENCIES & GOVT'L AFFAIRS- HOUSE

Agenda

 

9:00 AM

130

AGING, CHILDREN AND YOUTH, LEGISLATIVE & MILITARY AFFAIRS- HOUSE

Agenda

 

SENATE

None listed.

ISSUES

PHARMACY BENEFIT MANAGEMENT (PBM)

SB 460 by Sen. Percy Malone and HB 1601 by Rep. Allen Maxwell 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.

HB 1601 is on the House Insurance and Commerce Committee’s agenda this morning. SB 460 was presented yesterday morning in the Senate Insurance and Commerce Committee, but the committee ran out of time and did not vote on the bill. Consideration of the bill will continue next week. 

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. There is a debate over whether the time has passed to adopt ERA at the federal level. It is our understanding at this time that this is subject to legal interpretation. We are also curious about potential applications in the workplace. HJR 1014 is on this morning’s agenda in the House State Agencies and Governmental Affairs Committee.

STATE CHAMBER/AIA BILL TRACKING 

To date, the House has filed 679 bills and the Senate has filed 605 bills.

The State Chamber/AIA is tracking 273 bills and resolutions. 

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

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

 

HB 1612  

Barnett

Amends law enforcement provisions relating to traffic citation reporting, and makes various changes to commercial driver license regulations including license qualifications, drug testing, violations, suspensions and penalties.

 

HB 1641  

Saunders
Laverty

Levies a provider fee of 6 percent of the aggregate gross receipts of intermediate care facilities for individuals with developmental disabilities, to be used for continued operation and rate increases for those facilities and related service providers.

 

HB 1643  

Carter

Increases the standard income tax deduction allowed per individual from $2,000 to $2,500.

 

HB 1645  

Davenport

Ecology (Environmental Projects; Subsidization Provisions) - Water - Financial Institutions/Bonds.

 

HB 1661  

Shelby
Pritchard

Restricts sales of alcopops, defined as flavored malt beverages, to retail liquor stores; makes alcopops subject to alcoholic beverage tax of $1 per gallon for alcohol content of 5-20%, $.50 per gallon for alcohol content less than 5%.

 

HB 1663  

Webb
Broadway

To provide for the building and renovation of buildings owned by the state or institutions of higher education through sustainable, energy efficient methods.

 

HB 1664  

Carter

Creates a sales tax exemption for the sale of cremation urns, caskets, grave markers, monuments, mausoleum plates and vaults.

 

HB 1673  

Adcock

Requires cardboard buyers' tags to be clearly legible from a distance of 100 feet during daylight hours and specifies proper placement and display.

 

HB 1675  

Shelby

Applies the Patient Protection Act of 1995 to a health care provider network utilized by a self-funded health benefit plan provided by the state to state employees and public school personnel.

 

 

HB 1677  

Cash

Directs the Public Service Commission to establish energy efficiency resource standards that require the procurement of efficiency resources by public utilities regulated by the commission.

 

SB 536  

Pritchard

Restricts sales of alcopops, defined as flavored malt beverages, to retail liquor stores; makes alcopops subject to alcoholic beverage tax of $1 per gallon for alcohol content of 5-20 percent, $.50 per gallon for alcohol content less than 5 percent.

 

SB 551  

Jeffress, G.

Provides that lignite mineral interests not used for 20 years extinguishes and reverts to the owner of the interest out of which the lignite mineral interest was severed; prescribes activities that create a presumption of use.

 

SB 582  

Teague

Levies a fee on privately operated hospitals at an annually calculated rate not to exceed 1 percent of net patient revenue; proceeds to be used for Medicaid hospital access payments; rehab and specialty hospitals exempted.

 

SB 584  

Broadway

Authorizes the Development Finance Authority to issue the Energy Cost Savings Projects General Obligation Bonds, not to exceed $300,000,000, to finance energy cost savings contracts by state agencies for improvements to state buildings.

 

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.

NEXT WEEK AT THE CAPITOL

Committee Meetings for Monday, March 2, 2009

JOINT

11:00 AM

Room 130

PUBLIC RETIREMENT & SOCIAL SECURITY PROGRAMS-JOINT

Agenda

 

HOUSE

None listed.

SENATE

10:00 AM

ROOM 171

TRANSPORTATION, TECHNOLOGY & LEGISLATIVE AFFAIRS - SENATE

Agenda

 

Upon Adjournment

Room 207

EDUCATION COMMITTEE - SENATE

Agenda

 

ISSUES

WORKERS’ COMPENSATION

HB 1362, the agreed workers’ compensation bill between the State Chamber/AIA and the AFL-CIO, is on the Senate Insurance and Commerce Committee agenda. However, it likely will not be heard until the committee’s completes the consideration of the PBM bill, SB 460.

UNEMPLOYMENT INSURANCE

HB 1478 by Rep. Mike Patterson and SB 429 by Sen. Tracy Steele are being amended. HB 1478 would authorize certain information to be shared between the Department of Workforce Services (DWS) and the Department of Finance and Administration. SB 429 addresses the fact that the Unemployment Insurance Trust Fund will run out of money in the immediate future.

POPULAR VOTE FOR U.S. PRESIDENT

HB 1339 by Rep. Eddie Cooper and Sen. Terry Smith has been referred to the Senate State Agencies Committee. This bill would require Arkansas ’s delegation of presidential electors in a presidential election to be appointed based on the nationwide popular vote total, rather than the popular vote in Arkansas . We believe that the loss of the electoral voting system would greatly reduce Arkansas ’s impact on electing the President of the United States . The State Chamber/AIA opposes this bill. 

WORKPLACE

HB 1552 by Rep. Lindsley Smith provides that employers shall provide unpaid break time each day to an 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.

SESSION EXTENSION

HCR 1012 by Rep. Robert Moore would extend the session until April 10. It has passed the House and must now be voted on by the Senate. It has not yet been placed on the Senate calendar.

SCRAP METAL

HB 1479 by Rep. Darrin Williams received a Do Pass as amended from the Senate Judiciary Committee earlier this week and is on Monday’s Senate floor Calendar. HB 1479 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.

GRADUATED DRIVERS LICENSES

SB 309 by Sen. J. Jeffress and Rep. Shelby is scheduled 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 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 supports this provision to reduce trauma in Arkansas .

MINIMUM WAGE

HB 1464 by Rep. Jim Nickels passed the House earlier this week and has been referred to the Senate Public Health, Welfare and Labor Committee. This bill would make Arkansas ’s minimum wage law match the federal government. The State Chamber/AIA does not have a position on this bill.

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. 

YESTERDAY AT THE CAPITOL

ISSUES

CLIMATE CHANGE LEGISLATION

A group of legislators held a press conference yesterday to announce a package of bills that will be filed soon. This announcement follows the Global Warming Commission’s report that was released last fall. We see three bills were filed yesterday:

SB 584 by Sen. Shane Broadway authorizes the Development Finance Authority to issue the Energy Cost Savings Projects General Obligation Bonds, not to exceed $300,000,000, to finance energy cost savings contracts by state agencies for improvements to state buildings. It has been assigned to the Senate Insurance and Commerce Committee.

HB 1677 by Rep. Joan Cash directs the Public Service Commission to establish energy efficiency resource standards that require the procurement of efficiency resources by public utilities regulated by the commission. It has been assigned to the House Insurance and Commerce Committee.

HB 1663 by Rep. Kathy Webb would provide for the building and renovation of buildings owned by the state or institutions of higher education through sustainable, energy efficient methods. It has been assigned to the Joint Energy Committee.

SSTP

SB 322 by Sen. Larry Teague passed the Senate yesterday by a vote of 27-2 and has been referred to the House Revenue and Tax Committee. The bill 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.

TRAUMA SYSTEM

SB 315 by Sen. Tracy Steele and Rep. Gene Shelby is the legislation to set up a statewide trauma system. The bill would authorize the Department of Health to grant funds to emergency medical care providers, ambulance providers, trauma rehabilitation service, and to hospitals to assist qualification as trauma centers; to create a communication network; and more. It passed the Senate by a vote of 32-0 yesterday and has been referred to the House Committee on Public Health, Welfare and Labor.

SEAT BELT LAWS

SB 78 by Sen. Wilkins and Rep. Allen passed the house Wednesday but the emergency clause failed. Yesterday, House members voted to reconsider the emergency clause and it passed by a vote of 94-2. The bill will now go to the Governor for his signature. SB 78 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. The State Chamber/AIA supports this provision to reduce trauma in Arkansas.

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