Happy Thanksgiving!
Posted on November 26th, 2009
What does it mean to be thankful? Most dictionaries give the definition this way: “feeling or expressing gratitude; aware and appreciative of a benefit; grateful some even go further and add a couple of more synonyms – beholden, obliged. The definition of thanksgiving is mostly given thus: the act of giving thanks; grateful acknowledgment of benefits or favors, esp. to God.
Thinking about the definition sort of begs a question doesn’t it? What are we thankful for? Who are we to being thankful to? Who are we beholden or obliged to?
Small-minded atheistic bigots may think that I am simply trying draw your attention to one deity or the other. And indeed, I am unashamed to recognize that ALL that I have to be thankful for is directly or indirectly due to the Christian God and His grace upon me and His common grace upon the world. But this is not my primary purpose in writing today. Too often we call ourselves “giving thanks” and “being thankful” and feel a temporary warm-fuzzy about ourselves. But deep down we know that nothing really has been said but words, words that soothe the conscience but never heals it.
Just saying “I’m thankful” is not enough. The words “thankful” and “thanksgiving” demand both a benefactor and a benefaction… a giver and a gift.
Sometimes we do say what we are thankful for, but does that really complete the proper thought of thankfulness? I could say, “I am thankful for my new boat”, but in my heart credit myself for working hard to earn the money to buy it. Is this thankfulness at all? No! It is a soothing self deception that perverts the true meaning of thankfulness.
We need to apply some introspection and consciously determine who deserves the thanks for a gift we have received and ascribe that credit. This will not only serve to heal our conscience, but will also encourage the benefactors to know that their sacrifice on our behalf is appreciated.
Tell me your TO and FOR of your thankfulness.
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Arkansas Legislative Council – November 20, 2009
Posted on November 20th, 2009
Date & Time: Friday, November 20, 2009 at 9:00 AM
Location: Room 171, State Capitol
Committee Information: Members on Committee
Agenda
Attachments
The Council was established by Act 264 of 1949 to collect data and information upon which legislative decisions will be made during regular session of the General Assembly. The Bureau of Legislative Research of the Legislative Council is a service agency within the legislative department of government. All members of the General Assembly have access to the Bureau of Legislative Research. The Legislative Council is the supervisory committee for the Bureau of Legislative Research, the Council coordinates the activities of the various interim committees and through the various committees provides legislative oversight of the executive branch of government. The Council consists of 36 regular members which is comprised of 20 House members and 16 Senators. In addition there are 24 ex-officio voting members and 5 ex-officio non-voting members.(A.C.A. 10-3-301)
9:00 am – Meeting called to order by Chairman Maxwell. Minutes from previous meeting approved.
9:05 am – The current budget is about $18 million below the forecast that was revised recently. The budget is $107 million below the forecast from the session this last spring.
9:10 am – Senator Kim Hendren asked about the $120 million debt the State of Arkansas has to the Federal governement for Unemployment Program.
9:12 am – Rep. Andrea Lea asked for a report to verify that programs created by the cigarette tax are being funded as promised.
9:13 am – Rep. Reep asked if the Bureau of Legislative Research’s budget outlook compares favorably with those of the current administration. Mr. Richard Wilson stated that the BLR forecasts are not as optimistic but did not differ by much.
9:17 am – Sen. Malone presented the Administrative Rules and Regulations Standing Committee report. Of note was the fact that the committee continues to be asked to review rules and regs that have already been implemented.
9:20 am – Sen. Glover presented the Charitable, Penal, & Correctional Institutionals standing committee report. It appears that the post-conviction conditional bonded release program is being seriously considered as an option to ease prision overcrowding.
9:22 am – Sen. Jeffress presented the Claims Review standing committee report.
9:26 am – There was no report from the Game and Fish/State Police standing committee. Rep. Roebuck presented the Higher Education standing committee report. Rep. Flowers asked for confirmation of activity on a previous question. Sen. Hendren asked questions about distance learning and remediation. He wanted to know if we hold the schools accountable. Rep. Roebuck said that it is not on the K-12 report card, but it now very much has the committees attention.
9:30 am – Sen. Steele presented the Hospital and Medicaid standing committee report. His report dealt largely on the grants and cuts associated with the money from the cigarette tax. It seems that the automatic defibrulator for schools was a significant part of the cut. Apparently the schools are required by law to place AEDs anyway. [Interesting unfunded mandate.] Sen. Steele made the point that the funding for this was placed in a B category in revenue stabilization. Rep. Andrea Lea made the point that she is disappointed that the legislature enacted a tax for these and it was not spent for the promised purposes.
9:39 am – The Litigation Oversight Reports does not have a report this month. Rep. Maloch presented the Performance Evaluation and Expenditure Review report.
9:40 am – Rep. George presented the Policy Making standing committee report.
9:41 am – Sen. Horn presented the Review standing comittee report. Sen. Laverty reminded the ALC that the review commitee had formed a subcommittee to perform an intense review of those contracts funded exclusively by state dollars.
9:45 am – There are no special committee reports at this time.
9:49 am – We have moved ahead to item “I” on the agenda to look at the reports on the American Recovery and Reinvestment Act (ARRA). This is what is known as the “Stimulus” Funds. I encourage my readers to look at the items I.1a and I.1b. in the Attachments
9:53 am – Senator Hendren asked how much this has cost per job. Apparently this works out to $216,000.00 per job. Sen. Hendrend said, “Sign me up for one of those!” Laughter. It was reported to us that some of that money was for additional unemployment benefits. Sen. Hendren stated that staff had informed him minutes ago that our debt to the Federal government is now probably closer to $250 million.
9:57 am – Rep. Andrea Lea asked what portion of the jobs created were government jobs or created in private industry. She was informed that there was no way to determine that.
10:01 am – There is some discussion about how the federal government has dictated how the stimulus funds are spent. Apparently a large portion of the fund cannot be spent in a way to create jobs.
10:04 am – Sen. Kim Hendren is asking about an inadvertent rule that prohibits private school students from getting the H1N1 vaccine through the Dept. of Health.
10:08 am – Committe adjourned.
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Blue Ribbon Committe on Highway Finance – November 18, 2009
Posted on November 18th, 2009
Date & Time: Wednesday, November 18, 2009 at 1:30 PM
Location: Room 149, State Capitol
Committee Information: Members on Committee
Agenda
1:30 pm – Meeting called to order by Chairman Capps. The previous meeting minutes approved.
1:35 pm – There is currently a roundtable discussion about the needs of the Highway Department. Many comments about how the public needs to be educated on where road revenue comes form. Mr. Mark Lambeth suggested town hall meetings. Rep. John Lowery joked that if they were going to have townhall meetings, then he would like to submit his resignation right now.
1:37 pm – The comment was made that people feel like they are already taxed to death and think that their taxes already go to roads. The committee members seem to recognize this, but they seem to fail to see that the public doesn’t want a new tax or a new method to raise funds. THEY WANT THE LEGISLATURE TO RE-PRIORITIZE HOW THEIR TAX DOLLARS ARE BEING SPENT AND HOW FAIRLY THOSE HIGHWAY FUNDS ARE DISTRIBUTED.
1:41 pm – Former Rep. Johnnie Bolin is making a emotional argument for spending on our highways. I think he is right that our highway funding should recieve a higher priority from the current revenues that the most highly taxed state in the region currently extracts from its citizens.
1:43 pm – There does not seem to be a representative of the people speaking up for their right to expect their overall tax dollars to be spend according to their priorities. All discussions center on how the taxpayer may be convinced to allow the government to extract more of their hard earned dollars.
1:45 pm – Chairman Capps asked if we could handle getting this plan in place by ourselves or if we should hire and outside contractor to assist us in solving the problem.
1:47 pm – There is a discussion about if they should have meetings during December. It was decided that the subcommittee meetings continue.
1:49 pm – Mr. Jim McKenzie has asked that the New Revenue subcommittee meet at 10 am on December 18th.
1:51 pm – Commitee Adjourned.
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Highway Finance: New Revenue Subcommittee – November 18, 2009
Posted on November 18th, 2009
10:35 pm – The meeting was called to order by Chairman Jim McKenzie. The minutes from the October 14, 2009 meeting were approved.
10:37 pm – The first discussion is about the removal of the sales tax exemption from motor fuels. Bill Sample made the point that this would be almost impossible to implement at the retail level due to a need to change out gas pump systems to account for the tax. The chairman then suggested that the tax be levied at the wholesale level. A tax at the wholesale level will probably require a ¾ super majority.
10:43 pm – Dan Flowers makes the point that other states have a sales tax on motor fuel so he feels like it could be implemented in Arkansas.
10:45 pm – The reason this committee keeps coming back to removing motor fuel sale tax exemption is because it has the potential to raise a hell of a lot of money. It would also track rising fuel prices so that as fuel prices rise, the tax revenue would also rise probably proportional to construction costs.
10:48 pm – The reason that there is a sale tax exemption on motor fuels is because that would be a tax on taxes. Since we already have a tax on our taxes on fuel, that would be a tax on the tax on the taxes on motor fuel. See how ridiculous government’s quest for more and more money can become?
10:53 pm – The removal of the sales tax exemption will make your fuel cost about 15 to 18 cents more per gallon.
10:54 pm – The staff attorney is saying that to pass a “Carbon Tax” would only take a simple majority because it is a “new” tax and therefore gets through the loophole that the courts carved in the Constitution against it’s original intent. Rep. Bill Sample asks how we can spend an environmental tax on highways.
10:59 pm – Apparently the “streamline sales tax” is causing trouble for using sales tax as a new revenue source. I am not exactly understanding why, has something to do with trade-offs would not work in favor of Arkansas and perhaps result in a potential revenue loss rather than gain.
11:03 pm – We are being shown a video talking about a per miles traveled tax. They are discussing the system Oregon tried that included a GPS system installed on your car. In that test, a person that got more miles per gallon in fuel efficiency than 20 mpg had to pay more taxes than they would have under the old tax system. Apparently the ACLU has expressed concern about the GPS violation of privacy, for once I have to agree with them.
11:10 pm – What I have to wonder is how would you challenge Big Brother, if the machinery overcharged you in taxes? How would you get a refund?
11:14 pm – The current recommendation is that Arkansas be prepared to go to a VMT (Vehicle Miles Traveled) tax by 2020.
11:18 pm – It must be noted that the goal of this committee is not necessarily in the best interest of the people. Their goal is to craft the most likely method of taxation that could get passed that also produces the most revenue. As a representative of the people, one thing that I would be against is collecting a VMT at the gas pump. Furthermore, I would be opposed to creating automatically increasing taxes that do not require legislative action to maintain the revenue stream.
11:22 pm – Taxes should always be transparent to the taxpayers rather than hidden for convenience, and ANY increases should always be approved by the taxpayers representatives in the the legislature or by a direct vote of the people. Any taxes presented to the public for a specific project and upon which they base their assent to the tax should have ALL the associated revenues dedicated to that specific project and be prohibited from use in the general revenue stream.
11:28 pm – The current discussion is about indexing the fuel tax rates. I am categorically opposed to indexing taxes. Those in power should always be made accountable to the people and should always have to come back to the people to continue taking their revenue. To attempt to index taxes is a way to circumvent the process and make it easier to maintain tax revenues without being held accountable to the taxpayers.
11:34 pm – Rep. Allen Maxwell is suggesting that a potential revenue source would be to allow the mining of Arkansas’s lignite coal. His proposal to develop lignite to produce liquid fuels for highway use. Assuming one lignite mine in Clark County, one lignite mine in Dallas County, and a lignite-synfuel plant in Nevada County, lignite could add $600 million to Arkansas’s $80 billion GSP. This results in an increase in GSP of 0.75% The increase in tax revenues could be $28,150,000 per year, with the potential for much more.
11:47 pm – The committee voted to not pursue the VMT further.
11:48 pm – Committee adjourned.
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Arkansas Legislative Council: Adminstrative Rules and Regulations – November 16, 2009
Posted on November 16th, 2009
Date & Time: Monday, November 16, 2009 at 9:00 PM
Location: Room 151, State Capitol
Committee Information: Members on Committee
Agenda
9:00 am – The meeting called to order by Senator Percy Malone.
9:02 am – The Interim Study Proposal 2009-190 by Represenative Steve Cole was approved. Rep. Cole asked that the Act 971 not be implemented (his own bill) until the ISP was completed.
9:10 am – The State Board of Public Accountancy submitted rules to be approved. They had slipped in a fee increase that was not approved in associated legislation. The agencies have a bad habit of doing this sort of thing, at every opportunity they slip in stuff like this. Senator Malone stated that sometimes these agencies are out of control. Upon realizing that the committee may not review the rule changes, Leveta Ray from the State Board of Public Accountacy offered to strike the fee increase in order to get the rest of the rule changes implemented.
9:32 am – There are alot of questions for the representative of the State Board of Public Accountacy. I just pulled up Act 93 on the computer. Fees aside, these rules seem to violate the intent of the Act 93. This rule change was held for further review.
9:42 am – Richard Bell, of the Arkansas Agriculture Department, is presenting information onf the Arkansas Milk Stabilization Program Grants. There have been about $3.5 million in grants let. The program has worked to stabilize the decline of milk production in Arkansas and has in fact caused and increase in milk production in Northwest Arkansas.
9:47 am – Arkansas Development Finance Authority is presenting new rules for 2010 Compliance Monitoring Policies and Procedures Manual for the Low Income Housing Tax Credit Program, 2010 Multifamily Housing Minimum Design Standards, and the 2010 Housing Credit Program Qualified Allocation Plan.
9:55 am – The Department of Education is presenting rules changes that effect, Public School End-of-Course Assessments and Remedication, Public Charter Schools, Calculation Methods for Declining Enrollment and Student Growth Funding for Public School Districts, Reimbursement by School Districts for Election Expenses, Identifying and Governing the Arkansas Fiscal Assessment and Accountability Program, Highly Qualified Teachers, Regulatory Basis of Accounting, Waiver of the Earnings Limitations under Arkansas Teacher Retirement System, Calculation of Arkansas Smart Core Incentive Funding, and Limited Charter Schools.
10:02 am – Senator Bledsoe and Rep. Mike Burris are asking questions about the remediation requirements. Specifically how metrics will be used to measure and minimize the amount of remediation required when students get to college.
10:21 am – Many many questions being asked by legislators about remediation and end of course examinations.
10:29 am – I am wondering what percentage of students are not currently performing at grade level, of those what percentage are recieving special education or some other sort of remediation to bring them up to grade level. Of those who are neither performing at grade level nor recieving special instruction, how many are being advanced to the next grade.
10:56 am – We are still covering Department of Education rule changes. This is by far the most extensive amount of rule changes. I would have never thought that the majority of the time and difficulty in state government would center of the education of children.
11:09 am – We are still covering Dept. of Ed. rule changes. I have only nodded off twice so far. I now know and sympathize with Ronald Reagan’s occasional nap during meetings.
11:12 am – We are now covering rules changes by the Board of Registration for Professional Engineers and Land Surveyors. They have mostly just updated rules to match other national trends. There are several fee increases that are driven by costs of examinations by NCEES.
11:20 am – The Department of Environmental Quality, Regulated Storage Tanks Division is presenting Regulation No. 12; Storage Tanks. Sen. Hendren is asking about liens so that the State can recover clean-up costs.
11:22 am – The Department of Finance and Administration Revenue Division presented rule changes for Charitable Bingo and Raffles that were brought about by and act sponsored by Rep. Pennartz and myself during the last session.
11:24 am – The Department of Arkansas Heritage, Arkansas Historic Preservation presented rule changes for the Arkansas Historic Rehabilitation Income Tax Credit Program and the Arkansas Civil War Sesquicentennial Historical Marker Program.
11:27 am – The Dept. of Human Services, Children and Family Services presented changes to the DCFS Policy Manual; Board Rate/Adoption Subsidy Increase.
11:28 am – The Dept. of Human Services, Developmental Disabilities Services presented an change to DDS Policy #1086; Human Development Center Admissiona and Discharge Rules.
11:29 am – The Arkansas Department of Human Services , Medical Services presented new rules concerning Assited Living Facilities, Billing for Essure Procedure and Device, Diagnosis Codes, the State Plan Amendment, and the Independent Choices Update.
11:35 am – DHS is implementing a rule that will allow seniors to participate in an Independent Choices program that will allow them to self direct their own home care. Apparently Sen. Malone didn’t like seniors to have this option because they might use the funds to pay a relative to provide those services. Admittedly there is some room for abuse of the system, but it is nice that DHS is providing this choice to seniors.
11:38 am – The Insurance Department presented rule change to Rule 57 related to Insurance Department Adminstrative and Regulatory Fees.
11:39 am – The Oil and Gas Commission presented rule changes related to Abandoned or Leaking Well and Well Site Remediation, Class II Disposal and Class II Commercial Disposal Well Permit Application Procedures.
11:41 am – The State Board of Optometry presented rule changes for Applications for Examination, Procedures for Emergency Situation in Optometrist Clinic, and Prescribing Oral Steroids.
11:57 am – There has been a lot of questions and comments about this subject. The committee is holding this and asking for the committee to reconsider this. Part of the problem is that this is being slipped in under “rules” that should only be presented to the legislature as a bill.
12:11 pm – The poor and disrespectful attitude of Mr. Bill Trice, the attorney representing the Board of Optometry, probably undermined the legislators willingness to consider these rule changes today.
12:21 pm – The Department of Parks and Tourism representative Joe Jacobs presented rule changes that increases park fees and rates. Senator Hendren is worried that we will be pricing the camping sites out of the reach of poor people. The rule was reviewed.
12:25 pm – The State Board of Pharmacy is presenting a rule change on Regulation 09; Pharmaceutical Care/Patient Counseling. This rule change strikes testing requirements for tests that no longer exists.
12:29 pm – Meeting adjourned.
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Arkansas Legislative Joint Auditing: Educational Institutions – November 12, 2009
Posted on November 12th, 2009
Date & Time: Thursday, November 12, 2009 at 1:30 PM
Location: Room 138, State Capitol
Committee Information: Members on Committee
Agenda: http://www.arkleg.state.ar.us/assembly/2009/Lists/Meetings/Attachments/12305/I7891.pdf
1:35 pm – Meeting called to order by Senator Mary Anne Salmon, Co-Chair. Minutes of last meeting were adopted without questions or comments.
1:37 pm – The first item for review was England School District. One of the findings were that district funds were utilized to reimburse the Superintendent for several expenditures which appear to conflict with Attorney General’s Opinion No. 91-411. These improper expenditures including the following: 1) Fruit baskets ($442) for three board members and the Superintendent while attending a National School Board Association Southern Region conference in San Antonio, Texas in July 2007. 2) Airlilne tickets ($745) for non-board members accompanying Board members to aforementioned conference. 3) Gratuities for $89. Additionally, the Superintendent was reimbursed $598 for undocumented expenditures related to the same conference. ($302 for meal charges, and $296 for miscellaneous expenditures). This was reviewed without question or comment.
1:40 pm – Woodland School District of Cleveland County had the following finding. Review of expenditures revealed the District paid $14,000 to a contractor for used stadium bleachers which the District never received. Internal controls and management oversight failed to prevent payment for goods not recieved.
1:49 pm – The Bay School District of Craighead County expended $11,495 to a business managed by a Board member without obtaining approval from the Arkansas Department of Education as required by Ark. Code Ann. 6-24-105. A similar finding was reported in the previous audit. The school failed to provide a representative failed to testify before the committee. The audit was held until they provide a person to testify before the committee.
1:52 pm – the Dewitt School District discovered that the Gillett Elemenatry School principal, Vicki Reed, cased a $500 check payble to “DeWitte School District Elementary School – V. Reed”. There are circumstances that indicate this may have been a simple mistake, but this must procedurally be turned over to the prosecuting attorney.
1:55 pm – The Truman School District of Poinsett County executed a lease agreement totallying $8400 for office space with a Board member’s father. The original lease agreement, with an annual renewal clause, began in August 2003 prior to the election of the lessor’s son to the Board of Directors. Subsequently, the Board did not pass the required disclosure resolution nor obtain approval from the Arkansas Department of Education. A similar finding was reported in a previous audit.
1:59 pm – The Alpena School District of Boone County did not distribute the required amount of increase to certified personnel, resulting in an underpayment of $17,855.
2:01 pm – The Arkansas River Education Service Cooperative has numerous findings, several of which are repeat findings. They had no one present to testify before the committee, the review was held until they provide a representative for testimony.
2:03 pm – The Batesville School District has an interesting violation. One that is rather rare, they made an error that resulting in an underclaim of $21,734.
2:05 pm – The Berryville School District of Carroll County did not pay an employee in accordance with the written contract due to a clerical error, resulting in an underpayment of $1350. They also did not distribute the required amount of increase to certified personnel, resulting in an underpayment of $54,869. These findings are failure to pay at levels required by the State.
2:08 pm – The Centerpoint School District of Pike County did not distribute the required amount of increase to certified personnel, resulting in an underpayment of $11,591. This finding is similar to the previous one.
2:10 pm – The Crosset School District of Ashley County improperly used more than one salary schedule for the purpose of calculating certified personnel salaries. Their internal control system did not prevent or detect material errors in the financial accounting records. Such records are utilized in the preparation of the District’s financial statements. It was noted that an endowed scholarship was not included in the fiduciary fund types resulting in an $82,208 and $465,758.
2:16 pm – The Committee meeting adjourned. There were findings against Elkins, Huntsville, Ozark Mountain, Pea Ridge, Scranton, South Missisippi, Stephens, and Yellville. I couldn’t keep up with the pace of the commitee. However, if you would like to review these independently, you can find these reports here: http://www.legaudit.state.ar.us/Meetings/Nov2009/EducationSub.htm
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Arkansas Legislative Council: PEER Subcommittee – November 5, 2009
Posted on November 5th, 2009
Date & Time: Thursday, November 5, 2009 at 1:30 PM
Location: Room 171, State Capitol
Committee Information: Members on Committee
Agenda and Attachments:
This committee reviews matters pertaining to the financial operations and fiscal performances of state agencies, departments, and institutions, including but not limited to, program performance and evaluation, efficiency in the operation of agency programs and services, coordination of programs and services which require the expenditure of state funds, the stability and adequacy of the various fund and fund accounts of the state, and other matters pertaining to agency performance and accountability in the use of public funds may be referred to this committee. Matters pertaining to the organization, consolidation, merger, or abolishment of a state agency, board, commission, or program, and such other matters as maybe assigned by the Council.
1:30 pm – Meeting called to order by Sen. Bryles. Richard Wilson is presenting the October Revenue Report.
1:31 pm – Last month the Revenue Forecast was revised downward and a new forecast was made. This month the State of Arkansas is $17.811 million below what the Department of Finance and Adminstration predicted we would be LAST month. [That is some mighty fine forecasting isn't it?]
1:35 pm – I will try to provide more revenue information as we go along. Right now we are covering Cash Fund Appropriation Increase Requests for FY10. Rep. Adcock is asking questions about the Department of Career Education – Rehabilitation Services. Apparently the services that make loans to individuals with disablities for assistive technology has been over marketed for the funds budgeted for loan. The agency began (administering the program) with $80,000 in appropriation (tranferred from ADFA, when they took it over) that is now exhausted. In order to continue the loan program, they are requesting a cash fund increase for the Assistive Technology Loan Fund in the amount of $1,500,000.
1:43 pm – Rep. Bruce Maloch is asking questions that clarified this situation. This “appropriation” for this program was part of the Arkansas Development Finance Authority (ADFA), but they decided to no longer adminstrate the Arkansas Assistive Technology Alternative Financing Program. Apparently the “appropriation” for this program was in the budget, but it is with an agency that is no longer adminstrating the program.
1:48 pm – Budget Classification Tranfer Requests for the Securities Department (State Operations) and the Public Service Commission (Tax Division) were reviewed without questions or comments.
1:52 pm – We are currently reviewing Miscellaneous Federal Grant Appropriation Requests. There are about 15 items most of which are 100% federal funded, apparently from the ARRA (Stimulus) Funds. [It is kind of scary how much we only sit by and watch the Federal government grow our State government. It is going to be very hard to trim these items once federal funding stops.]
1:56 pm – We are currently reviewing the items on part E of the agenda linked above. You can see the information we are looking at in the attachments also linked above.
2:08 pm – Back to the revenue report… The Net Revenue Availiable for Distribution is 8.8% BELOW last year. 2008-2009 was $1,552,340,595.98 but now for 2009-2010 is $1,416,040,188.85. However, there has been $61,049,112.00 transferred from the allotment reserve fund bringing the Adjusted Net Availiable For Distribution up to $1,477,089,300.85
2:21 pm – It appears that the tabacco tax is still raking in the cash, although it seems to be slowing. Revenue is up 44.0% over this time last year, but is behind the year to date increase of 56.3%. One interesting increase is that liquor tax revenues are up 27% over this month last year and 5% over this point in the year last year. Are tough economic times leading to higher alcohol consumption?
2:26 pm – Item F on the Agenda, Contracts Between State Agencies, was reviewed without questions or comments.
2:28 pm – We are currently reviewing the a Reallocation of Resources Requests from Southern Arkasnas University. They are moving $13 million from a variety of sources in their budget to build a building. Legislators are asking questions. We find it strange that they could make it through the last budget hearings without these items from being removed from their budget if it was not needed. I think legislators suspect that SAU padded there budget to the tune of $13 million dollars. [If nothing else this proves that if an goverment entity is motivated they can make SERIOUS cuts. This is the type of thing where we need to start to save taxpayers dollars and make government more efficient.]
2:36 pm – In order to allocate $13 million to a new building, SAU was able to cut $2,000,000.00 from salaries, $2,000,000.00 from “extra help”, $1,000,000.00 from Pers. Service Match, $4,000,000.00 infrom Operations, and $900,000.00 from Conference Fees and Travel with the remainder coming from data processing and professional fees. [This looks really fishy.]
2:41 pm – We are currently reviewing Emergency Transfer Requests. These are Miscellaneous Federal Grants – most of which come from the ARRA “Stimulus” Funds.
2:45 pm – I always love the end of long committee meetings, it is only time that Republicans outnumber Democrats in the active conduct of state business.
2:50 pm – Rep. Dismang is asking questions to insure that money that is allocated in a way that is planned rather than randomly used to ballon government. Part of a emergency transfer request was held until a detail budget is presented to the committee by DFA. This was the first time I have ever seen the normally quite cool and collected Tim Leathers visibly agitated.
2:57 pm – The Quarterly Report of Inter-Agency and Inter-Divisional Match Funds Transfer for the Department of Human Services for the Furst Quarter of FY10 was reviewed without question or comments.
2:59 pm – We are currently reviewing the items in item J on the agenda. This is the monthly reports concerning the General Improvements Funds, the Budget Stabilization Trust Fund, October Emergency Purchase Report, the Tobacco Settlement Report, and the State Central Services Fund Report.
3:01 pm – Rep. Maloch asked a question about Teacher Retirement. George Hopkins of the Arkansas Teacher Retirement System assured Rep. Maloch that there is no risk due to pass through funding.
3:04 pm – There were no further questions or comments. The meeting is adjourned.
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Today’s Votes On Accountability & Transparency Rules Changes
Posted on November 4th, 2009
Earlier today I live blogged the proceedings of the House Caucus meeting to consider rules changes that would bring some accountability and transparency to the rules of the Arkansas House of Representatives. Jason Tolbert had previously blogged about this meeting and the planned events. He will probably be posting updated information soon. [Jason Tolbert's report on the proposed rule changes (with flipcam video, of course) can be found here.]
[UPDATE]
I have added links below to the proposed amendments to the House Rules. Speaker Robbie Wills has weighed in and seems to indicate that several of the items will be implemented in “House Policy” rather than Rules. The Speakers argument that these items are more legitimately implemented via “House Policy” rather than “House Rules” (due to the fact that they are not directly related to Parliamentary Procedure) seems to sound rational enough, albeit significantly less weighty and less independent of future House Management whims. However, to place such items in “Rules” is not without precedent as our rules are peppered throughout with similar items, particularly the campaign finance restrictions (reimplemented due to Republican pressure) found on page 48 of HR 1034. Republicans cannot be faulted for following this precedent and seeking to place these more significant items in the relatively static and independently controlled House Rules. Furthermore, is there really any question that these items would have ever been seriously considered by the Democrat controlled “House Management” had Republicans not brought these issues to the fore via an attempt to amend the House Rules? I think not. Additionally, the Speaker’s direct reference to Rep. Clemmer’s and Rep. Greenberg’s choices to not to go before House Management Committee to potentially suffer additional partisan heavy-handedness reeks of pettiness and the type of poor sportsmanship common to “sore winners.”
Nonetheless, while the Republican caucus can in no way claim any victories in today’s proceedings they can hold their heads high in the fact that for the first time in a long time in Arkansas…. they are making a difference. As an outgoing term limited legislator, I am proud of the freshman and sophomore Republican legislators, they should restore your faith in the Arkansas GOP.
By the way, former Rep. Eric Harris (R-Lowell) can add a little loft in his step knowing that he set in motion something four years ago (and the Republican caucus has been fighting for ever since) has apparently FINALLY come to fruition. That being the implementation of web streaming and broadcast of all House floor proceedings and committee meetings via the web. Of course, you must know… ALL good ideas in Arkansas necessarily HAVE to come from Democrats. Such is life in a state where a single party has absolute power.
[/UPDATE]
I still cannot find electronic copies of these amendments, I may have to scan them myself and post them as I have time. In the mean time, [H]ere are the votes. Please note that “Not Voting” is the same as a “No” vote, however, some members were granted “Leave” and were not at the Capitol to vote today.
The full text of the Arkansas House Rules as presented in HR 1034 may be read here.
Amendment No. 3 to House Resolution No. 1034, which requires that all out-of-state travel by House of Representative members and staff shall be by the mode most advantageous to teh State of Arkansas when cost and other factors are considered. – VOTE.
Amendment No. 4 to House Resolution No. 1034, which prevents the House Rules Committee from overturning a rule change passed by 67 out of 100 members of the Arkansas House of Representatives. – VOTE.
Amendment No. 5 to House Resolution No. 1034, which requires that the House Communications Office provide independent and unbiased service to all members of the House of Representatives and requires that any information disseminated include in the body of the document the name or names of the House members on whose behalf the information is being disseminated. – VOTE.
Amendment No. 6 to House Resolution No. 1034, would insure that at least one person would be allowed to speak against a bill if they desire, and at least three people be allowed to speak for a bill if they desire before debate can be cut off by immediate consideration. – VOTE.
Amendment No. 7 to House Resolution No. 1034, which would make it easier to record the vote of the members of a committee by allowing any one member to request a recorded vote without regard to committee membership. – VOTE.
Amendment No. 8 to House Resolution No. 1034, which would require that a 48 hour waiting time be required before a bill may be voted on in the Arkansas House of Representatives. (Currently as a matter of course the rule is “suspended” to rush a bill through before most people have had time to learn about it and communicate with their Representative) – VOTE.
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House Caucus
Posted on November 4th, 2009
12:00 pm – The Arkansas House of Representatives is meeting today for a Caucus meeting. We are in the House Chambers for the first time since the session ended.
12:01 pm – The House was called to order by Speaker Robbie wills. We have offered the prayer conducted by House Chaplain, Pastor Cornell Maltbia. The Pledge was led by Representative Bill Abernathy.
12:07 pm – The House Chambers have been restored and look amazing. Repairs have been made and years of tobacco smoke plaque removed from the walls. Secretary of State Charlie Daniels is being recognized for the ongoing restoration on the State Capitol. Our State Capitol is one of the most historic and beautiful in the country.
12:10 pm – Capitol Historian David Ware is presenting a history of the construction of the State Capitol. Apparently the building of the State Capitol was not without controversy. You can read about it here
12:18 pm – The House is to consider rules. The house is now in recess with HR1034 is referred to House Rules.
12:51 pm – We are back in the Chambers. It has been reported to me that the House Rules committee does not want the people to have more time to review bills coming out of committee. Rep Andrea Lea will probably present her amendment to the whole chamber since it failed in the Rules Committee.
12:53 pm – After significant public pressure, Speaker Wills restored the rule to prevent taking campaign contributions during the fiscal session.
12:56 pm – Rep. Ann Clemmer is presenting a amendment that requires legislators are only reimbursed for the least expensive route of travel to meetings out of state. Representative Hyde spoke against the amendment. He made the claim that it is a matter of the house management committee. Since the Speaker totally controls the House Rules Committee it makes no difference. Rep. Clemmer said that the people are getting tired of the lack of accountablity of our Representatives. The Democrats clearly do not want to be held accountable.
1:01 pm – Rep. Clemmer is presenting another rule change to allow the house to vote 2/3 in favor of a rules change that it cannot be over ruled by the Speaker dominated House Rules Committee. Rep. Harrelson asked a staged question of the House Parlamentarian. Democrats don’t want the rules to be created and evaluated outside of the formerly smoke filled back room (find out where the rules committee meets.) The want to continue to mislead and decieve the people of Arkansas with back room rules tricks.
1:05 pm – Rep. Dan Greenberg is presenting a rules change to make sure the TAXPAYER FUNDED House Communications Office be conducted in a non-partisian manner. Rep Hyde spoke against the amendment. Speaker Wills is taking an unprecidented step of speaking against the bill. He is making the claim that it is going to be non-partisian and he “gives us his word”. Apparently he does not consider that there may be others who may not. The opposition to this rule means that Democrats do not want to be held accountable by the rules to expend taxpayer fund in a non-partisian manner. If at any point they decide to breech the”policy” they will claim it is not against the rules. In fact the most likely source of the breech of policy will be from those who can author the policy in the first place. Again, this is an instance of Arkansas Democrats refusing to be held accountable.
1:19 pm – I will post the vote record as soon as it gets posted.
1:20 pm – Rep. Burris is presenting a rule change that require at least two sides for debate before a motion to end to debate. He is making the point that school children asked why in Arkansas government does it not work like they learn it should work. They noticed the unfairness of preventing anyone to speak against an issue by calling immediate consideration. Rep. Green is asking for what if no one wishes debate. Rep. Burris said this does not force debate, but at least one side have the opportunity to speak against the debate. I think Rep. Green is parsing the text to the bill to make it mean differently than what is intended. Rep. Garner is asking clarification that makes it clear that there has been misunderstanding about the meaning of the text, he is absolutely correct. Rep. Harrelson is asking questions again muddying the water. This is a typical practice to make excuses for being held accountable for voting against a bill they know the people want.
1:34 pm – I wish the people of Arkansas could see this farce of democratic process.
1:35 pm – Rep Dan Greeenberg is now presenting an amendment that would make it easier to record how members voted in committee. Again the Democrats in Arkansas do not want to be held accountable to the people of Arkansas. This bill like all others are being voted down.
1:38 pm – Representative Lea run the bill to allow an extra day before a bill is considered. This would allow more time for the voters to hold legislators accountable for what they are voting on. Again, Arkansas Democrats refruse to be held accountable to the people of Arkansas.
1:41 pm – The House in recess for 15 minutes
2:03 pm – We are now considering the completed rules. Rep. Lea is asking questions about rule changes regarding electronic testimony. She asks if someone gets a text during testimony if they could ad that to their testimony? Rep. Moore said that would not be prohibited. What I wonder if what specific incident prompted this change to the rules. Good. Rep. Dismang asked that question. I asked the question of what this new rule would prevent that the rule that prevents pairs and proxies that has not prevented in the near half century since the technology of tape recorders had been invented, and even then, why is it necessary now.
2:30 pm – Rep. Garner is asking an avalanche of questions to try to determine what that change does. Rep. Pyle did the same. Rep Burris spoke for the bill saying that he understoond how irrelevent hypothetical questions could sink a bill pointing out that it had happened six times today. I have problems with what that one rule change MIGHT do but it did not justify voting against the overall House Rules Resolution.
2:35 pm – House stands adjourned. Vote tally coming soon.
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Arkansas Legislative Council – Review Subcommittee
Posted on November 4th, 2009
Date & Time: Wednesday, November 4, 2009 at 10:00 AM
Location: Room 171, State Capitol
Committee Information: Subcommittee Members
Agenda: http://www.arkleg.state.ar.us/assembly/2009/Lists/Meetings/Attachments/12317/I7868.pdf
Attachments: Click here
This committee reviews Agency requests for professional services contracts and consultant services contracts. (A.C.A. 19-11-1006). Proposed methods of financing for capital expenditures in excess of $250,000 which have not been approved by the General Assembly (A.C.A. 22-9-104) are reviewed by this committee. Requests of state agencies for leasing of motor vehicles (for more than 30 days) prior to final approval of said lease by this state purchasing administrator (A.C.A. 22-8-102) are approved by this committee. Also, other matters may be referred to this committee by the Legislative Council.
10:05 am – Committee called to order by chairman, Rep. David Dunn. Minutes were reviewed and approved.
10:09 am – We are currently reviewing various State Agencies regarding Methods of Finance. Today the agencies are Mid-South Community College, National Park Community College, University of Arkansas – Monticello, and the War Memorial Stadium Commission. These items were reviewed without questions or comments.
10:13 am – At this point we would normally be reviewing the various state agencies regarding the General Contractors Construction Projects exceeding Five Million Dollars, but there are not currently up for review.
10:13 am – Currently we are reviewing various state agencies regarding Discretionary Grants. Chairman Dunn is asking a question of Karen Bassett, Deputy Director for ADEQ about grants that appear to have large discepancy in how much it is costing the various solid waste management districts to dispose of e-waste. Apparently the Boston Mountain Regional Solid Waste District is quite a bit higher than others up for review. The explainaton is how the various districts fund e-waste disposal. Some fund a much larger percentage out of their operation budget rather than grants.
10:20 am – The discretionary grants for the the Arkansas Department of Health were reviewed without question or comment.
10:21 am – The various grants for a total of $200,000 for curbing gambling addictions through the Department of Human Services are being reviewed. This and other grants through DHS stood reviewed without question or comment.
10:23 am – We are currently reviewing various agencies regarding Professional/Consultant Services Contracts. Rep. Clark asking for information about item #10 on page 53 of the attachments. Apparently this is final expenses on a project that went over $155,000 on a $22 million project. These construction related contracts stand reviewed.
10:20 am – We are currently reviewing out of state professional/consultant services contracts. Rep. Terry Rice has a question for DHS concerning item #7 on page 57 of the attachments. Rex Jones, Contracts Support Section of DHS came forward to answer. Rep. Rice is asking about a contract to provide ASAP (Adolescent Sexual Adjustment Program?) Residential Treatment for DCFS clients statewide. This program treats sexually abusive chlidren and may care for their children indefinately. Rep. Rice has numerous informational questions. He asks if not documenting injuries would violate contract terms. He asks what sort of oversight does DHS take over this program. Apparently the just have licensure, but they have no periodic reviews other than licensure. The DHS representative says that anomalies should be caught through licensure. Rep. Rice asks if there would be a motive for the treatment service to keep kids beyond there needed treatment. The DHS representative admitted there would be a financial interest. Rep. Rice makes the point that the $1,661,520 cost is over the $1,406,020 for the treatment of only 10 children. Rep. Rice is asking for an assurance from DHS that they insure that the terms of the contract are met. The DHS representative is asking for specific violations and is trying to worm out of responsiblity. Rep. Rice is making the point that a complete audit is reasonably expected of the program director to insure that propriety is maintained. He makes the point that this is DHS job, and if they are not going to be reviewed by DHS then legislative audit may be an alternative. Although Rep. Rice did not initially request to hold the contract, upon being asked if he was satified with how this was address and if he would like to hold the contract, Rep. Rice said he thought it would probably be good to hold the contract for now. The contract was held for further review.
10:53 am – Sen. Laverty is asking informational questions about the ramifications of this committee holding a contract on the funding of contracts. He is asking that a we create a subcommittee that we categorically scrutinize any expenditures of state dollars and send a message to the agencies that they need to make an effort to become more responsible with their money.
10:57 am – I apologize to my readers, but I need to step out to return a phone call that requires an immediate response.
11:00 am – While I was gone, Rep. Glidewell is asking for specific metrics that demonstrate the success for DHS contracts for smoking succession. This must be about the 1000th time this question has been asked by members of the legislature, and about the 1000th time that we get a general unspecific and non-responsive answer. So much of DHS operates without measurable accountablity to judge the success of various program expenditures.
11:04 am – We are currently reviewing in-state contracts. Beside an informational question by Sen. J. Jeffress, the contracts stood reviewed without further question or comment.
11:08 am – Apparently there is a request for the Suspension of Rules for a UAPB Contract. Apparently this if for a contract funded by the ARRA “Stimulus”. This is for construction work on the UAPB campus. This stood reviewed withoug question or comment.
11:12 am – The remaining items on the agenda were reviewed without questions or comments. The committee is adjourned.
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