Daily Legislative Update

Monday, March 2, 2009
50thDay 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 CONTINUE TO MAKE CONTACT WITH 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 1:30 p.m.

Senate convenes at 1:30 p.m.

Committee Meetings:

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

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 is on today’s Senate calendar.

SCRAP METAL

HB 1479 by Rep. Darrin Williams received a Do Pass as amended from the Senate Judiciary Committee last week and is on today’s Senate 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.

UNEMPLOYMENT INSURANCE

HB 1279 by Rep. Keith Ingram would authorize the Workforce Services Department to disclose certain information about employers that are classified in the Standard Industrial Classification Code to the Environmental Quality Department. This bill is one of three that have been agreed to between management and labor. It is on today’s Senate Calendar.

HB 1478 by Rep. Mike Patterson and SB 429 by Sen. Tracy Steele are the other bills that are part of the agreed to package between the AFL-CIO and the State Chamber/AIA. Both bills 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.

STATE CHAMBER/AIA BILL TRACKING 

To date the House has filed 716 bills and the Senate has filed 628 bills.

The State Chamber/AIA is tracking 282 bills and resolutions. 

Today is the last day to file appropriations bills. The deadline for regular bill filings is Monday, March 9.

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

 

HB 1682  

Maloch

Provides that claims for damages caused by the unauthorized practice of law are not subject to provisions of the Deceptive Trade Practices Act.

 

HB 1683  

Barnett

Creates the Regional Mobility Fund to distribute money to Regional Mobility Authorities that register with the State Treasurer.

 

HB 1684  

Barnett

Creates the Regional Mobility Grant Program to be administered by the State Highway Commission and provide grants for operating expenses, studies and development of regional transportation projects.

 

HB 1686  

Everett

Creates an income tax credit of 5 percent of the amount of overtime wages that a utility worker performed in a county that was declared a state disaster area, limiting the credit to $400 and providing that the credit may not be carried forward.

 

HB 1696  

Dismang

Creates an income tax credit of 10 percent of the amount paid by an employer for insurance premiums on employee health benefit plans and sets the maximim credit allowed at $15,000.

 

HB 1703  

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 1705  

Reep

Authorizes planning and development districts to apply with a municipality for designation as a public corporation for one or more projects.

 

HB 1712  

Williams

Authorizes the Public Service Commission to issue financing orders that allow electric utilities to securitize storm recovery costs if the commission finds that the issuance of the storm recovery bonds are expected to lower recovery cost.

 

SB 608  

Broadway

Authorizes improvement districts using county collectors for collection of district dues to assess a levy against all existing parcels on the tax books for the year; prescribes procedures required of districts and county clerks and treasurers.

 

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.

THIS WEEK AT THE CAPITOL

Committee Meetings for Tuesday, March 3, 2009

JOINT

8:00 AM

Room 151

JBC-PERSONNEL

Agenda

 

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 149

JUDICIARY 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 428

PUBLIC TRANSPORTATION- 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 207

AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT - SENATE

Agenda

 

10:00 AM

ROOM 272

CITY, COUNTY & LOCAL AFFAIRS 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.

POPULAR VOTE FOR U.S. PRESIDENT

HB 1339 by Rep. Eddie Cooper and Sen. Terry Smith is on tomorrow’s Senate State Agencies Committee agenda. 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. 

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.

SB 460 was presented last week 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 this week. HB 1601 is on the House Insurance and Commerce Committee’s agenda.  

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 authorize 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 awaits consideration in the House State Agencies and Governmental Affairs Committee and SJR 12 is on tomorrow’s agenda in the Senate State Agencies and Governmental Affairs Committee.

WORKPLACE

HB 1552 by Rep. Lindsley Smith provides that employers shall provide unpaid break time each day to employees who need 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 tomorrow’s House Public Health, Welfare & Labor Committee agenda.

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 tomorrow morning. 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 license 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 .

CLIMATE CHANGE LEGISLATION

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 is on today’s House Calendar for withdrawal from further consideration.

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 last week 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.

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%. This is a priority item for Governor Beebe. The bill remains on the House Revenue and Taxation Committee agenda. 

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 last week and has been referred to the House Committee on Public Health, Welfare and Labor.

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