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Political Contributions Tax Credit

Posted on March 16th, 2009

Since the last post, I have had several questions about the Arkansas Individual Income Tax Political Contributions Tax Credit. Here is the information.

A credit of up to $50.00 per taxpayer ($100.00 for a joint return) is allowed against your Arkansas Individual Income Tax liability for cash contributions made by the taxpayer(s) to one of the following:

  1. A candidate seeking nomination or election to a public office or to the candidate’s campaign committee.
  2. An approved political action committee as defined by Arkansas Code Annotated § 7-6-201.
  3. An organized political party as defined in Arkansas Code Annotated § 7-1-101.

For the purposes of this credit, “Public Office” means any office created by or under the authority of the laws of the State of Arkansas, or a subdivision thereof, that is filled by the voters. The credit does not apply to contributions made to candidates for federal offices. The contribution must be made by April 15, 2009 to be claimed on the 2008 tax return.

Here is a link to the Form AR1800 (R 8/4/08)

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Open Letter to First Pro-HB2144 Email Received

Posted on March 14th, 2009

Ms. Name Withheld,

I understand your concern. As a parent who home educates, I also severely dislike the fact that there are those few who do not really intend to homeschool and abuse the liberty that rightfully belongs to a parent. It gives home educators a bad name. It undermines those who do a good job, which is the MAJORITY contrary to your assertions below.

I have been thinking about ways to address the concerns of you and those who support HB2144, but do so with out infringing upon the rights of the parents. So far, I have not come up with a good solution. Sometimes, if we value freedom and liberty, there is NO solution. Freedom indeed does not come free in society. Sometimes there are (societal) costs to liberty, and those cost are higher when that particular society loses it’s moral foundations and fails to demonstrate the personal responsiblity required of those who live in freedom and liberty. Everyday in the legislature, I am faced with that exact question. What is more valuable? Liberty or the cost of that liberty? I rips my heart to shreds. You have no idea.

I am sure it grieves you when some parents fail their children as you have described below, but it is not your right nor mine to remove that liberty from ALL because a FEW abuse it. It grieves me as well… probably even more, for all the reasons you stated and a few out of my personal self interest.

It grieves me when I can google “teacher charged with a felony abuse” and turn up 377,000 hits, with most of those felonies being crimes against children. [Link to Google Search]

I am sure that very thing greives you too, for the exact same reason it does me, plus those of your personal self interest.

Let me ask you. Should I remove your liberty to teach unhindered by the constant eye of video cameras broadcasting your classroom to the internet because a few have abused their liberty? Why should you have that liberty removed because of the relative few that abuse the privilege that parents grant them to nurture thier children relatively unsupervised? Is the cost of that freedom and liberty too high that I might deny it to honest and upstanding teachers?

What about grade inflation? Should we remove from the teacher the liberty to use some amount of subjective decision making in grading because some ( statistics show a very large number ) teachers are abusing that liberty?

I think you probably understand the point I am trying to make, even if my parallels are not exact.

If both of the above are liberties –that are deserved of a professional such as yourself– are valuable, how much more valuable are the liberties deserved by a parent? The freedom entrusted to a parent by nature and nature’s God is a “natural liberty” that I dare not abate. A natural liberty is supremely more weighty than that of the simple professional or “derived / granted” liberty that you rightly enjoy as a teacher. If I take this step toward removing the “natural” liberty of parents, what logical right do I then have to protect your less important derived liberties as a professional teacher?

I agree with you, there is sometimes a high price to be paid for the liberties we enjoy. Sometimes the price is as high as the very lives of our sons and daughters who fight in war to preserve our liberty and freedom… and the liberty and freedom of people around the world. Sometimes the price is a few uneducated children sacrificed by their own irresponsible parents to a life of poverty and ignorance. If I am willing to offer up my own life and the life of my son and daughters to fight and die for your personal liberty, how much should you be willing to give up for my natural liberty to educate them as I see fit, regardless of the other –relatively minor by comparison– societal costs?

My answer to you is… NO! Here I stand, I can do no other. The liberty of parents to educate their children as they deem best is one so basic that if you were to put torch to the stake and burn me alive, I would not change my vote. That is a high price to pay to defend liberty, but still not as costly as the price many Arkansans have already paid to defend the liberty and freedom here and around the world on battlefields both current and covered with sand…. and those old and covered with poppies.

Sincerely,

Rep. Mark Martin

It will be found an unjust and unwise jealousy to deprive a man of his natural liberty upon the supposition he may abuse it. – George Washington

—–Original Message—–
From: Name Withheld [mailto:name_withheld@yahoo.com]
Sent: Wednesday, March 11, 2009 11:34 PM
To: Abernathy, Bill; Blount, Nancy; Martin, Mark; Saunders Rick; Rainey, David; Cook, David; Cheatham, Eddie L.; Bradford, Toni; Greenberg, Dan; Breedlove, Steven L.; Wagner, Charolette; Brown, Jerry R.; Hutchinson, Donna; Dickinson, Jody; Betts, Monty; Dale, Robert; Tyler, Linda; Perry, Mark; Carnine, Les; Summers, Tim
Cc: 3hines@arkansas.net; Will Robbins; Clint Montgomery; Kyle Cannon; Robert Crawford; Edd Puckett; Randy Horton
Subject: HB2144

I am in favor of HB 2144. As a school superintendent, I am working non-stop to ensure that each child intrusted to Mena Public Schools receives a quality education. This week, our principals sent letters to parents warning them that their children had reached the 12 day (since semester) absence limit. I have had parents in the office or on the phone since the letters were mailed trying to home school their children.

One parent said, “They don’t like lunches at school; they don’t like to get up in the mornings, and I don’t want to bring them to school (they ride buses and are on free lunches)–so I want to homeschool.” The boys were in grades 5 and 8. The mom had no idea what she was going to use to teach them, how she was going to help them like school, how she was going to discipline them as a teacher/mom. I tried to talk them out of leaving. They were determined, and mom basically let 10 and 13 year olds drop out.

I have many more stories just like these that convince me that homeschooling in Arkansas is promoting the very things that Gov. Beebe, Presidents Bush and Obama, and each of you are against. We are seeking to educate the children so that they are not left behind. We want to improve our number of graduates and students going to college. How are we going to do that when we allow children to leave our schools at the whim of a parent? There are some who do a good job, but the majority are perpetuating the low regard for education that has been the curse of Arkansas’ progress. Our school district of 1954 has more than 130 students being home schooled. Many never come back and are added to the cycle of generational poverty. Please help us by passing HB 2144.

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Arkansas Legislative Update – 3/13/2009

Posted on March 13th, 2009

An Information Service of the Arkansas House of Representatives

Date: March 13, 2009
Contact: House Information Office, 501-682-7771
For Immediate Release

      LITTLE ROCK – Expanding the state’s health insurance program for children capped the Arkansas House of Representatives’ ninth week of work, and lawmakers are nearing a vote on bills establishing the structure of the state lottery and the scholarship program that will be funded by lottery revenues.

      The expansion of the ArKids First insurance program will bring coverage to 8,000 more children from low-income families. Some 70,000 Arkansas children have no insurance. House Bill 1700, by Rep. Robert S. Moore Jr. of Arkansas City, increases the income eligibility limit from the current 200 percent of the federal poverty level for a family of four ($44,100) to 250 percent ($55,125) of that poverty level. (The median family income in Arkansas for a family of four is just over $52,000).

      The recent tax increase on tobacco will pay for the expansion. Subject to federal approval, the program also will be eligible for a 3-to-1 match in federal funds, official say. The bill goes to the Senate.

      The House and Senate, meanwhile, have identical bills setting up the lottery and scholarships, and passage in both chambers will happen quickly. Leaders have been working on the legislation almost since voters approved a lottery last November. The bills are HB 1002, by Speaker of the House Robbie Wills of Conway, and Senate Bill 26, by Sen. Terry Smith of Hot Springs. Wills said lottery tickets could be on sale before the end of the year and the first scholarships will be awarded in the fall of 2010.

      The House also approved legislation restricting “Toughman” contests and similar fights in Arkansas, such as requiring adequate medical staff and setting up class-and-weight divisions for fighters. The bill stems from the death a couple of years ago of a “Toughman” contestant following a bout in Texarkana. Rep. Steve Harrelson of Texarkana, who sponsored the bill, said he worked with organizers of the bouts in drawing up the legislation and offered it as an alternative to banning the fights altogether, as some states have done. The bill goes to the Senate.

      The House also approved HB 1326, by Rep. Lindsley Smith of Fayetteville, allowing citizens to have their attorneys’ fees paid in successful lawsuits against a government body in the most egregious violations of the state Freedom of Information Act.

      Also during the week:

  • The governor signed into law a package of bills, now Acts 321 and 323, requiring more transparency and accountability at the state’s public colleges and universities on the salaries and benefits paid to top administrators and setting a cap on merit scholarships awarded to students solely at the discretion of college presidents. Rep. Bill Abernathy of Mena presented those bills in the House. A related bill, HB 1589, by Rep. Johnnie Roebuck of Arkadelphia, says all reports required of colleges and universities by the Department of Higher Education shall be posted online by the department, easily accessible by citizens. That bill has cleared both chambers and is now with the governor.
  • Final preparations are being made for votes on two significant tax cuts. One would lop off another 1 percent in the state sales tax on groceries, from the current 3 percent to 2 percent. The other cuts the state sales tax on energy consumed by manufacturers by three-fourths of a percent. The energy cut is aimed at saving jobs. Lawmakers two years ago cut the tax from 6 percent to the current 4 percent. State finance officials say the tax cut for manufacturers will reduce state general revenues by $9.6 million a year. The tax cut on groceries will cost about $30 million in state general revenues.
  • The House approved HB 1846 and HB 1847, both by Arkansas City’s Moore, to use revenue received by the state Game and Fish Commission for natural gas leases for a pilot program and grants for the development of wildlife observation trails and wildlife recreation facilities. The maximum for a single grant would be $100,000. The Game and Fish Commission recently signed leases with natural gas companies operating in the Fayetteville shale. The bills go to the Senate.
  • The House approved HB 1837, by Rep. J R Rogers of Walnut Ridge, to name a stretch of U.S. 67 – from Newport to Walnut Ridge – “Rock ‘n’ Roll Highway 67,” in tribute to the area’s place in history during the early days of rock ‘n roll when Elvis Presley, Roy Orbison, Johnny Cash and other legends-to-be frequented clubs along the highway. The bill is aimed at boosting economic development and tourism as much as recognizing history. The bill goes to the Senate.
  • The deadline to file bills has passed. The House and Senate this year filed a combined 2,285 bills. Members filed 2,816 in 2007 and 3,176 in 2005, according to the Bureau of Legislative Research.
  • A ban on the sale of “novelty” lighters is now Act 329 of 2009. Many of those lighters are built to resemble cartoon characters, animals and even fire trucks and attract the attention of children. The legislation was prompted by a fatal house fire started by children playing with novelty lighters. Rep. George Overbey Jr. of Lamar presented the bill in the House.
  • The House approved HB 1939, by Rep. R.D. “Rick” Saunders of Hot Springs, to give film production companies a 15-percent rebate on production and post-production costs for films made in the state. Companies also would get a 10-percent rebate for hiring “below-the-line” employees (including casting assistants, costume designers, gaffers, grips, production assistants, set construction and design staff) who are full-time Arkansas residents. Movie makers would have to spend more than $50,000 within six months to qualify. If the bill is approved in the Senate and signed into law, it would leave Delaware as the only state in the union without an incentive package for film production companies.
  • The House approved HB 1806, by Rep. Larry Cowling of Foreman, to make the pecan the state’s official nut and HB 2193, by Rep. Beverly Pyle of Cedarville, to make the Cynthiana grape the state’s official grape.

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Praying for My Constituents

Posted on March 11th, 2009

I just noticed this news report:

Fires Damage Homes In Washington Co.; 1 In Hospital on the 40/29 TV website.

It is strange how many more people you worry and are concerned about as a state legislator. My heartaches everytime I see those who are my constituents who have disasters come upon them. It is not something I anticipated when I signed up for this job. But it has taught me that my concern for people was too limited before. If you are the praying type, please add these people to your list. I have.

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HB2184 – Open Carry in Arkansas

Posted on March 10th, 2009



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The firearm open carry law in Arkansas is among the most restrictive in the nation. Only five (5) other states are non-permissive. Typically considered the most firearm restrictive states in the country, California and Illinois are more open than Arkansas. In a situation that seems contradictory, many of the most restrictive states are in the south where you would think that the opposite would be the case. Why is this true?

I believe that the current restrictions have their roots in the dark and embarrassing history of racism in the south. The current laws have their origins in what were referred to as “Slave Codes”, later renamed “Black Codes”.

The “Slave Codes” did so on the basis that blacks were not citizens, and thus did not have the same rights as whites, including the right to keep and bear arms protected in the Second Amendment to the U.S. Constitution. This view can shamefully be found all through the infamous 1857 decision in Dred Scott v. Sandford to uphold slavery.

The United States Congress overrode most portions of the Black Codes by passing the Civil Rights Act of 1866. The legislative histories of both the Civil Rights Act and the Fourteenth Amendment, as well as The Special Report of the Anti-Slavery Conference of 1867, are full of denunciations of those particular statutes that denied blacks equal access to firearms. However, laws written to appear neutral by disarming through economic means or selective enforcement remained in effect.

After the adoption of the Fourteenth Amendment to the U.S. Constitution in 1878, most States turned to “facially neutral” business or transaction taxes on handgun purchases. However, the intention of these laws was not neutral. Arkansas, like other southern states, put laws on the books, but selectively enforced these laws based on racial decisions. Now those laws are being applied to all law-abiding citizens.

I considered not even running the bill because in some ways, our restrictive gun laws are a just reward for the injustice in their origins. Instead, I decided that it is more important to restore a right to those who have never enjoyed that right and to all people without regard to the ironic justice of the situation. Let’s let this be a valuable lesson and never forget: It is not possible to deny the liberty of one single individual without jeapardizing the liberty of all people. In this instance, we have undeniable proof.

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Contra Homeschoolers

Posted on March 9th, 2009

homeschoolPolitics? Mention the word in the polite and hyper-pious company of homeschoolers and you’re likely to elicit two kinds of responses – Cynicism, anger, disdain, and condescension on the one hand and apathy, ignorance, and indifference on the other.

On both hands the retreated, isolated, and insulated homeschool community is too withdrawn from politics to have any relevance in its midst. And yet, somehow we expect to be an effective voice with a one-time avalanche of emails while we continue to ignore the general political system that affects so many OTHER aspects of our lives. Effective political involvement is not a one time event that you can pop-up to get what you want (especially if what you want is to be left alone) and then retreat to the safety of your special insular, albeit irrelevantly small, community that shares every dot and tittle of theological oddity you hold dear.

The winds of political action do not ebb, they blow and change the political landscape without regard to our participation or not. Every time we emerge from our hidey holes to stop some critical offense, we find ourselves in unfamiliar territory, unprepared to deal effectively with the matter at hand, and unaware of the fact that when we again return to our burrows the thing we may have successfully stopped will be implemented incrementally without our offering so much as a whimper.

Think I am being too hard on homeschoolers? Consider this:

Of the 35 emails that I have received so far to oppose HB2144; only 24 can be found on the registered voter roles, only 20 of those have more than one registered voter at that address, only 17 bothered to vote in the last presidential election, and only 5 (YES ONLY 5!) have voted in all of the last four general elections. If this doesn’t demonstrate apathy, I don’t know what would qualify. If I looked this information up, you can bet that other legislators have too. This is what they know: Homeschoolers will make a lot of noise, but they will go away and not impact their future elections much.

I have gotten several calls (7 calls I think) from homeschoolers in addition to emails. I have asked each one of them a couple of questions. “Do you know of any legislators who homeschool their children or have grandchildren who are homeschooled?” Not a single one knew of any, including one who was my own constituent. “Do you know who your representative is, and would he or she know you?” So far, homeschoolers are batting a big fat ZERO.

I am not posting this to just bash homeschoolers, my intention is to encourage us to do better. The first step to encourage positive engagement in the political arena is to raise the level of awareness of the need for such engagement. Hopefully, at this point, what my homeschooling readers are pondering is this: ‘How can I make positive contributions and engage in the political arena?’

First, homeschoolers who enter into the political process should have their eyes wide open and be prepared for the long term. They should constantly examine their motives for contributing to the political process directly. They should be serving a wider agenda, not only that of a narrow political interest or that of the party to which they belong. There are problems to be solved, and government never results in the utopian ideal we think it should be, especially if we are not participating.

Homeschoolers are like many other conservatives. Conservatives assume, or should assume, that some “problems” have no solution, and so tend to be less interested in worrying about things that they don’t think can be fixed anyway. Because liberals tend to believe that things can be significantly improved, if not necessarily perfected, they are constantly busy alerting everyone to all the things that could be made better. Which is precisely the reason we should worry and be constantly involved.

Second, homeschoolers need to take steps to be effective in the political process. This should start with getting to know your representative and senator and make sure they know you, BEFORE you ask them to support or oppose anything. Trust me when I tell you that one of the most effective ways for a legislator to know your name is to contribute or volunteer for their campaign. If you miss out on this opportunity, then you have missed your best chance to influence that legislator. The founding fathers pledged their “lives, fortunes, and honor.” I, and other legislators, find it hard to take homeschoolers seriously when they won’t even donate the $100 per household filing a joint return that can be credited right back to them on state income tax returns.

Third, homeschoolers should be involved in a group that represents and lobbies for their interest. In this respect, we do pretty well but with a caveat. There is no homeschool political action committee in Arkansas.

Fourth, homeschoolers should be actively recruiting and supporting candidates for office. I am not talking about single interest zealots who have little chance in a general election. I mean people well connected and respected in a community who have track records of service in that community and are sympathetic to the idea of homeschooling or are themselves homeschoolers. These candidates should not be “shooting for the moon”, but rather seeking low level opportunities in the local governments such as city councilmen, justices of the peace, and mayors. Perhaps even the local school board. These people will become top notch candidates for the state legislature and statewide offices soon enough.

In summary:

  • Find out who your representative is and get to know him or her. During the year, not just during the session, make contact with all legislators and candidates and ask them their thoughts on homeschooling. Keep a list of legislators you know are “pro” or “anti” homeschooling.
  • In addition to sending an email, you should be making sure you and all of your fellow homeschoolers are registered to vote. Make sure you vote regularly. Legislators ARE watching.
  • If you really want to get legislator’s attention, start a PAC. If homeschoolers started a PAC and all contributed just that amount that will be credited on their state income taxes the impact would be enormous.
  • Be pro-active. Get involved in your local party organization. Run for office yourself or recruit someone. Let them know that they will have you as a volunteer and contributor. Let them know that you will take steps to raise campaign funds from your friends and family.

NOTE: As of midnight, I have received 56 emails in about 4 hours. That is certainly impactful, but how much more impactful would it be if each of those had donated $100 to a homeschool PAC? $5600 for electing pro-homeschool candidates would be off-the-charts effective.

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Arkansas Definition of Poor is Schizophrenic

Posted on March 7th, 2009

contradiction
 
When it comes to collecting taxes, the Arkansas government thinks that “rich” (the top state income tax rate) is $31,700. Conversely, when it comes to handing out tax dollars, they think that you are “poor” if you are a family of five with a household income of $62,000. The median household income in Arkansas is $38,134. This means that half of the households in Arkansas have a greater income and half have less.

Why does a person making $3,799 per year have to pay tax so that money can be transferred by social welfare programs to another person making $26,000 per year?

 

Arkansas collects income taxes from its residents at the following rates: [Source]

  • – 1 percent on the first $3,799 of taxable income
  • – 2.5 percent on taxable income between $3,800 and $7,599
  • – 3.5 percent on taxable income between $7,600 and $11,399
  • – 4.5 percent on taxable income between $11,400 and $18,999
  • – 6 percent on taxable income between $19,000 and $31,699
  • – 7 percent on all taxable income more than $31,700.

Keep in mind that when reading the chart below, these values are TAXABLE income, NOT GROSS income. Once standard and other deductions are included, these numbers are quite a bit higher.

2008 HHS Poverty Guidelines [Source]

Persons in Family Federal Poverty Level 250% Poverty
1 $10,400 $26,000
2 $14,000 $35,000
3 $17,600 $44,000
4 $21,200 $53,000
5 $24,800 $62,000
6 $28,400 $71,000
7 $32,000 $80,000
8 $35,600 $89,000
Duggars (18) $71,600 $179,000

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Arkansas Legislative Update – 3/6/2009

Posted on March 6th, 2009

An Information Service of the Arkansas House of Representatives

Date: March 6, 2009
Contact: House Information Office, 501-682-7771
For Immediate Release

Teen-driving restrictions, trauma system win approval in House

LITTLE ROCK – A bill establishing a statewide trauma system has received final approval from lawmakers at the same time they’ve approved several bills aimed at reducing traumatic injuries, especially those sustained in car crashes.

Senate Bill 315, which was presented in the House by Hot Springs Rep. Gene Shelby, an emergency room physician, establishes a trauma network in which several hospitals across the state will see upgrades in staffing and equipment so trauma victims can get the best care possible as quickly as possible.

The system will be funded by the tax increase on cigarettes and tobacco previously approved by lawmakers and already signed into law by the governor. The system will cost about $25 million a year.

The Department of Health would establish the trauma system with the help of a 20-member trauma advisory council. The council would assign different levels of trauma care to hospitals and distribute grants accordingly for improvements to their emergency rooms and to hire the necessary staff.. The bill goes to the governor.

While addressing the treatment of trauma, lawmakers also have passed laws in an effort to prevent, or at least reduce, traumatic injuries. Those bills include making not wearing a seatbelt enough reason for a traffic stop, prohibiting text-messaging while driving, and placing more restrictions on drivers under 18.

That latter bill, SB 309, also presented in the House by Shelby, prohibits a person under 18 from driving between 11 p.m. and 4 a.m., except when coming home from a school function, work or during an emergency, or when accompanied by a licensed driver 21 or older. It also bans a person under 18 from driving with more than one unrelated minor passenger in the vehicle unless a licensed driver who is 21 or older is in the front passenger seat. The bill goes back to the Senate for concurrence in a House amendment.

Supporters of the bill say such a law will save the lives of a dozen or more teenagers a year and prevent injuries to many more, while opponents said it would be a hardship to youths and families in rural areas. Arkansas is sixth in the nation in the rate of car-wreck fatalities involving youths under 18.

Also during the session’s eighth week:

  • The House approved SB 444 to allow for the early release of certain inmates convicted of drug offenses that involve methamphetamine. A 2005 law reduced from 70 percent to 50 percent the length of time offenders sentenced after August 2005 must serve before they could earn time off for good behavior. SB 444 extends that 50-percent to all meth-related offenders regardless of sentence date. Methamphetamine is the only drug among several crimes (first-degree murder, kidnapping, aggravated assault, etc.) in which the offender must serve 70 percent of the sentence. About 600 prison beds will be freed up under the change in law. Rep. Steve Harrelson of Texarkana presented the bill to the House. The bill goes to the governor.
  • The House approved HB 1716, by Rep. Monty Davenport of Yellville, to make it clear that collecting on a gambling debt is not a legal defense against an aggravated robbery charge. The bill, which now goes to the Senate, stems from an Arkansas Supreme Court case last year. Lawyers for the condemned man said the Arkansas Supreme Court ruled in 1940 that collecting a gambling debt isn’t theft, even if it’s done forcibly, and using such force doesn’t constitute aggravated robbery. Aggravated robbery is one of several aggravating factors prosecutors use in determining whether to seek the death penalty. In the 2008 decision, the court cited the 1940 precedent and overturned the man’s conviction for aggravated robbery and, therefore, the death sentence for capital murder. While the Supreme Court said it wasn’t necessarily good law or good legal precedent, it was still on the books nonetheless.
  • The House approved HB 1666, by Rep. John Paul Wells of Paris, to reduce training time required of volunteer firefighters. Current law requires 40 hours of training in a volunteer firefighter’s first year of service. HB 1666 reduces that to 28 hours in that firefighter’s first 18 months. Supporters of the bill say rural fire departments are in desperate need of volunteers, and that reducing training requirements could help attract and retain volunteers. The bill goes to the Senate.
  • The House approved HB 1587, by Rep. Linda Tyler of Conway, to prohibit employers from making employees or prospective employees pay for drug tests that are required as a condition of employment. The bill goes to the Senate.
  • The House approved SB 432 to set up recall elections in cities with a mayor-council form of government in which elected officials serve four-year terms. To get such a measure on the ballot, organizers would have to get the signatures of at least 25 percent of eligible, registered voters. The bill goes to the governor.
  • The Senate gave final approved to three bills related to domestic violence. All by Rep. Dawn Creekmore of East End, they go to the governor. HB 1038 makes violating a protection order a Class D felony. HB 1040 makes smothering or strangulation a Class A felony. HB 1041 makes third-degree battery a felony if a suspect has been previously convicted of aggravated assault.

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The Rise of Parentalism: Afraid to be Free

Posted on March 4th, 2009

There has been an unprecedented deluge of bills filed and passed in the Arkansas legislature this session that I think point to the greatest emerging threat to liberty in America today.

It is not just the desire among many in government to interfere in nearly every aspect of our lives that concerns me. Perhaps more frightening is the lack of concern on the part of many Americans that this is happening. A growing portion of the public seems to want to have their behavior prescribed to them, much like the paradoxical discovery that children actually want and find comfort in parental rules.
crybaby
While you might think that this tendency comes primarily from progressives/leftists, the parentalist-paternalist trend isn’t at all isolated there. Conservatives are equally guilty of perpetuating this troublesome movement, particularly the Christian right. Both groups can be seen promoting laws and regulations that value the “collective good” over personal choice, precaution over risk, and the community over the individual.

This convergence of left and right to limit individual freedoms and the establishment of paternalistic reforms have historically been extremely detrimental to the vison of America put in place by our founding fathers. The results of this convergence is probably best demonstrated by the failure of prohibition and other social reform experiments occuring between 1890 and 1920, growing into the monsterous nanny state that we have today.

I see a disturbing trend that may be indicating a repeat and amplification of those past mistakes. While Christian conservatives may have good intentions, we need to re-evaluate our willingness to agree to social contracts that we think will “make society better.”

Like “government” itself, social contracts should be viewed as a necessary evil. In fact, there is no basis for a U.S. Constitution without relying on social contract theory. Still, we need to heed and understand the warnings of Murray Rothbard about social contracts and limit their use to the carefully prescribed limits outlined in the U.S. Constitution.

In my view, there should be no perpetual social contract except that of the U.S. Constitution. I agree with Rothbard that social contracts cannot be valid if the contract is not renewed by each generation, therefore even if a law or regulation is created by a valid social contract it should periodically and automatically sunset.

When we prepare our children for adulthood, we prepare them to bear the full costs and receive the full benefits of their own actions. Until they do so, they are never really “free” of parental control.

When individuals bear the full costs and receive the full benefits of their own actions, the justification for government involvement is much weaker. Unless and until an individual does so, they can never be free. I hope Americans have not lost their desire to be truly free.

I guess the warp and woof of what I am saying is, “Grow Up America!”

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2,032 – But Like I Said, Who’s Counting?

Posted on March 4th, 2009

AGENCY / INSTITUTION NAME 2008 – 2009 BASE LEVEL POSITIONS FY 2010 RECOMMENDED POSITIONS POSITIONS OVER BASE LEVEL
AGRICULTURE, DEPARTMENT OF 616 623 7
APPRAISERS BOARD 3 4 1
ATTORNEY GENERAL 161 169 8
BANK DEPARTMENT 77 74 -3
BUILDING AUTHORITY 88 92 4
COMMUNITY CORRECTION, DEPARTMENT OF 1,270 1,387 117
CORRECTION, DEPARTMENT OF 4,326 4,667 341
CRIME INFORMATION CENTER 70 72 2
CRIME LABORATORY 140 141 1
CROWLEY’S RIDGE TECHNICAL INSTITUTE 60 61 1
DFA – Child Support Enforcement 822 876 54
DFA – Management Services 425 451 26
DFA – REVENUE 1,461 1,506 45
DHS – Adminstrative Services 340 359 19
DHS – Aging and Adult Services 195 203 8
DHS – Behavioral Health 956 1,167 211
DHS – Children and Family Services 1,031 1,194 163
DHS – County Operations 1,833 1,943 110
DHS – Developmental Disabilities 2,509 2,726 217
DHS – Director’s Office / Office of Chief Counsel 184 188 4
DHS – Medical Services 302 322 20
DHS – Services for the Blind 73 75 2
DHS – Volunteerism 23 24 1
DHS – Youth Services 93 159 66
DISABILITY DETERMINATION, SOCIAL SECURITY 233 284 51
EDUCATION, DEPARTMENT OF 348 361 13
ELECTION COMMISSIONERS BOARD 6 7 1
EMERGENCY MANAGEMENT, DEPARTMENT OF 82 84 2
ENVIRONMENTAL QUALITY, DEPARTMENT OF 422 427 5
GEOLOGICAL SURVEY 25 30 5
HERITAGE, DEPARTMENT OF ARKANSAS 140 144 4
HIGHER EDUCATION, DEPARTMENT OF 47 48 1
LABOR, DEPARTMENT OF 101 103 2
LEGISLATIVE AUDIT 262 277 15
MILITARY DEPARTMENT 573 759 186
NATURAL RESOURCES COMMISSION 92 94 2
NURSING BOARD 23 26 3
OIL & GAS COMMISSION 32 39 7
PARKS & TOURISM 748 772 24
SCHOOL FOR THE BLIND 100 101 1
SECRETARY OF STATE 160 162 2
SUPREME COURT 44 45 1
TOBACCO SETTLEMENT COMMISSION 2 3 1
VETERANS’ AFFAIRS, DEPARTMENT OF 202 221 19
WORKFORCE EDUCATION, DEPARTMENT OF 101 106 5
WORKFORCE SERVICES, DEPARTMENT OF 682 929 247
DRUG COURT PROBATION OFFICERS 0 10 10
TOTAL TO DATE 21,483 23,515 2,032

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