Arkansas Legislative Update – 3/27/2009

Posted on March 27th, 2009

Date: March 27, 2009
Contact: House Information Office, 501-682-7771
For Immediate Release

Lottery is now law, new revenue report throws slight kink in session

      LITTLE ROCK – The first state lottery tickets could be sold this fall now that legislation implementing the games has been approved by the 87th General Assembly and signed into law. The first scholarships funded by lottery revenues will be awarded for the fall semester of 2010.

      The final passage and signing of identical lottery bills – House Bill 1002 by Speaker of the House Robbie Wills of Conway and Senate Bill 26 by Sen. Terry Smith of Hot Springs – were among the highlights of the 11th week of the session. Within the next two weeks, Gov. Mike Beebe, Speaker Wills, and Sen. Bob Johnson, the Senate president pro tempore, each will have appointed

      The commission’s responsibilities include hiring a lottery director and deciding what games the lottery will involve. Those and other duties will determine when Arkansas has its first sales and joins 42 other states with a lottery, including neighboring Louisiana, Missouri, Oklahoma, Tennessee and Texas. Legislative leaders also will appoint a legislative oversight committee in the coming days.

      Estimates on yearly revenues from the lottery range from $55 million to $100 million. Because of that uncertainty, the dollar amounts of the scholarships funded by lottery proceeds have been set on a sliding scale, depending on revenue generated and whether a particular award is for attendance at a two-year state college or university (from $1,250 a year to $3,000) or at the more expensive four-year schools (from $2,500 a year to $6,000 a year). Lawmakers hope to set specific amounts next February during their budget session, with the first scholarships good for the 2010-2011 school year.

      Also during the week, the Joint Budget Committee received a revised revenue forecast for the fiscal year that starts July 1. The new forecast is more clouded than one received early in the year by lawmakers and used by them to approve tax cuts and other appropriation bills the past several weeks. The main effect of the revised forecast could be to move another $40 million, for a total of $100 million, from the state surplus to plug holes in the budget and establish a “rainy day fund” for the governor. The state has a surplus of about $300 million this year. The $200 million left in the surplus could go into the General Improvement Fund, to help rural fire departments, senior citizen centers, sewer and water projects, and community centers throughout the state.

      Members of the committee also learned that the recent tax increases on tobacco will bring in nearly $15 million less than expected – from $86 million a year to $71 million. The administration had offered the tobacco tax increase, plus federal money, as a way to pay for a state trauma network, a new medical campus in Northwest Arkansas and about two dozen other health initiatives. State finance officials told skeptical lawmakers that a federal tax increase on tobacco brought about the lower numbers.

      Meanwhile, meeting separately, the House and Senate State Agencies and Governmental Affairs committees have sent out their preferences for proposed constitutional amendments that could be referred to voters during the 2010 general election. Twenty-four proposed amendments were filed; the two committees sent out 10 recommendations. They will meet jointly to decide which ones to send to the House and Senate floors. The General Assembly can refer up to three proposed amendments on general topics every two years.

      Also during the week, the House approved:

•    HB 1985, by Rep. Rick Saunders of Hot Springs, to have the state pay for the costs of holding the general elections now being borne by counties. The bill also requires each county to hire an election coordinator. The bill goes to the Senate.
•    HB 1929, by Rep. Bruce Maloch of Magnolia, requiring signed, and witnessed, parental consent for those younger than 18 to use a tanning bed at apartment buildings, tanning salons or spas. There is no penalty for a violation, according to the bill’s sponsor, who said the measure was more of an effort to raise awareness about the dangers of skin cancer. The bill goes to the Senate.
•    Senate Bill 192 to make it a felony for a person to possess more than 10 absentee ballots issued to another person or to assist more than six voters in marking and casting ballots. Only a poll worker, county clerk or deputy clerk can provide such assistance. A violation is a Class D felony, punishable by up to six years in prison and up to a $10,000 fine. The bill goes to the governor. Saunders, of Hot Springs, presented the bill in the House.
•    HB 1860, by Rep. Bill Sample of Hot Springs, to ensure that a driver’s license or official I.D. card issued by the state to a person who is not a U.S. citizen expires on or before the date that person is to leave the country. The bill goes to the Senate.
•    HB 1895, by Rep. Allen Kerr of Little Rock, to prohibit “crash taxes,” a nickname given to invoices seeking hundreds of dollars from motorists involved in traffic accidents. The invoices are sent by private vendors seeking money – plus a cut — to pay the costs of officers and other rescue personnel who respond to the accident scene. While there’s only been anecdotal evidence of such incidents in Arkansas, supporters say they want to make sure it doesn’t happen anymore. Cash-strapped cities and counties in at least 15 states have entered into such collection practices, aimed primarily at out-of-town motorists who pay no taxes to support the emergency response. The bill prohibits Arkansas counties and municipalities from entering into agreements with those vendors. The bill goes to the Senate.
•    HB 1894, by Rep. Nancy Duffy Blount of Marianna, to allow the state to contract with private entities and colleges and universities to provide an education to prison inmates. Inmates or their families will pay for the service, just as they already do in existing education programs. The bill goes to the Senate.
•    SB 493 and SB 494 requiring the state Department of Human Services to place a notice on its Web site within three days of a report of a death or near death of a child in state custody. The agency also would have to make available to the public non-identifying information from child abuse hotline reports and children’s death reports, and release regular reports on deaths, near deaths and abuse of children in state care. Rep. Steve Harrelson of Texarkana presented the bills in the House. The bills go to the governor.
•    SB 780 to prohibit public servants convicted of a felony related to their job from holding a position in government again. Sample, of Hot Springs, presented the bill. It goes to the governor.
•    HB 2251, by Rep. John Lowery of El Dorado, to give cities and counties the power of eminent domain over industrial plants in limited circumstances, giving local authorities to market the property to other industrial prospects. The bill goes to the Senate.
•    Approved Senate amendments to HB 1451, by Rep. Johnny Hoyt of Morrilton, which aims to help struggling dairy farmers by imposing a wholesale fee of 30 cents per 12 gallons of milk sold. The bill goes to the governor. A related bill, SB 934, sets up a subsidy program to help Arkansas dairies. It goes back to the Senate for concurrence on a House amendment.
•    Approved HB 2086, by Rep. Butch Wilkins of Bono, to make committing identity fraud to gain employment a felony. The bill goes to the Senate.
•    Approved HB 2004, by Rep. Karen Hopper of Mountain Home, to eliminate the requirement that members of the National Guard or Army Reserves who also are teachers or school administrators pay the cost of hiring a substitute when the teacher-soldier is on military leave. The bill goes to the Senate.
•    Approved HB 1378, by Rep. Allen Maxwell of Monticello, to give income-tax relief to head-of-household taxpayers with two or more dependents. Those taxpayers were inadvertently left out the last two times lawmakers approved tax relief. The bill goes to the Senate.

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Arkansas Legislative Update – 3/20/2009

Posted on March 21st, 2009

Date: March 20, 2009
Contact: House Information Office, 501-682-7771
For Immediate Release

Lawmakers nearly done with lottery, ring up grocery-tax cut

      LITTLE ROCK –Both chambers are nearly done with their work to set up the state lottery and the college scholarship program that will be funded by lottery revenues, and another 1 percent cut in the state sales tax on groceries has been signed into law.

      In closing out the 10th week of the session, the House also gave final approval to House Bill 1111, by Rep. Tracy Pennartz of Fort Smith, to cut the 1-cent-per-card tax on bingo games operated by charity to three-tenths of a cent. The original bill sought to eliminate the tax, but the amendment for the three-tenths of a cent will retain enough revenue to pay the expenses of the state Department of Finance and Administration in regulating the games. The bill goes to the governor.

      On the lottery front, the House is one step from approving the Senate’s bill, and the Senate is one step from approving the House’s bill, filed by Speaker Robbie Wills of Conway. Passage is certain for both, as is the governor’s signature. The sale of lottery tickets could begin before the end of the year, and the first scholarship could be awarded for the fall semester of 2010.

      In the meantime, a nine-member lottery commission will be established, with the governor, the Speaker of the House, and the Senate president pro tempore each selecting three members. That commission will hire a lottery director. Together, they’ll decide what sort of games the Arkansas lottery will consist of, including multi-state games such as Powerball. A legislative oversight committee also will be formed.

      The size of the scholarships will be determined by how much revenue is generated by the lottery. Those estimates range from $55 million a year to more than $100 million. As we stand now, the scholarships will range from $2,500 a year to $6,000 a year to attend a four-year university. For two-year schools, the scholarship range will be from $1,250 a year to $3,000. Eligibility requirements include a 2.5 grade point average to get – and then retain – a scholarship. They also will be made available to nontraditional students.

      The legislation also sets a two-year ban on former lottery commissioners from becoming lobbyists for the lottery industry and sets an ethics code for commissioners and employees. Voters approved the lottery in November, and lawmakers have been working on lottery legislation ever since.

      The House also gave final approval to Senate Bill 875 to reduce the sales tax on energy consumed by manufacturers by three-fourths of a cent. Rep. Mike Burris of Malvern presented the bill in the House as a way to save Arkansans jobs. It now goes to the governor. The identical HB 1624, by Rep. David Dunn of Forrest City, has cleared the House but remains in the Senate. The bill will save manufacturers up to $9 million a year.

      All 100 members of the House were co-sponsors of the bill to cut the state sales tax on groceries from 3 percent to 2 percent, leaving no suspense on the outcome of the vote on SB 88. Rep. R.D. “Rick” Saunders of Hot Springs presented the bill in the House. Now signed into law, the cut takes effect July 1 and reduces state general revenue by about $30 million a year. Lawmakers two years ago cut the tax from 6 percent to 3 percent as part of the largest tax cut in Arkansas history.

      Also during the week, the House:

•     Approved HB 2007, by Rep. Barry Hyde of North Little Rock, to require state colleges and universities to go smoke-free by August 1, 2010. About half of the taxpayer-supported schools have already gone smoke-free, and the others have no objections and wanted the legislature’s stamp of approval, according to supporters.
•     Approved SB 38 to raise from 14 years old to 16 the minimum age for operating a personal watercraft, maybe better known as jet-skis. Rep. Steve Harrelson of Texarkana presented the bill in the House. It goes to the governor
•     Approved HB 1256, by Rep. Dan Greenberg of Little Rock, to make it a misdemeanor to be an active and intentional spectator at illegal street races. Those who “promote and assist” the race could face Class B misdemeanor charges, punishable by up to 90 days in jail and a fine of up to $500. The bill had been amended so that an “accidental” observer isn’t punished. The bill goes to the Senate.
•     Approved HB 1578, by Rep. Dawn Creekmore, setting restrictions on sex offenders whose crimes involved computers. The bill allows judges to restrict or even forbid computer usage by those offenders and limits those offenders to one e-mail address or one screen name. There’s an exception for computer usage required at work, and if the computer is provided by the employer.
•     Approved HB 1473, also by Creekmore, requiring the collection of a DNA sample from those who are arrested or charged with capital murder, first-degree murder, kidnapping or first- and second-degree assault. Current law requires a DNA sample only after a person is convicted of a felony.
•     Approved SB 312 to provide defibrillators to public schools, for the resuscitation of heart attack victims. The bill is in honor of a Little Rock youth who collapsed and died during a high school basketball game. The devices will be paid for by the recent increase in tobacco taxes. The bill goes to the governor.
•     Approved HB 1978, by Robert S. Moore Jr. of Arkansas City, to provide a tax rebate for rehabilitating historic structures in Arkansas. The rebate amounts to 25 percent of a project’s cost up to the first $500,000 on income-producing property and up to the first $100,000 on non-income-producing property. There’s a cap of $4 million on total rebates awarded in a fiscal year. The bill goes to the Senate.

Lawmakers on the House and Senate State Agencies and Governmental Affairs committees also have begun their study of proposed constitutional amendments. Up to three proposed amendments on general topics can be referred to a vote of the people each general election. The next general election is in November 2010.

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Arkansas Legislative Update – 3/13/2009

Posted on March 13th, 2009

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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Arkansas Legislative Update – 3/6/2009

Posted on March 6th, 2009

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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Arkansas Legislative Update – 2/27/2009

Posted on February 27th, 2009

Date: February 27, 2009
Contact: House Information Office, 501-682-7771
For Immediate Release

LITTLE ROCK – Lawmakers stiffened the state’s seatbelt law, made a move toward ending the state’s participation in the Electoral College, and unveiled draft legislation for lottery-funded scholarships during the General Assembly’s seventh week in session.

Senate Bill 78, which was presented in the House by Rep. Fred Allen of Little Rock, makes seatbelt violations a primary offense, meaning an officer can make a traffic stop on that violation alone. Until now, not wearing a seatbelt was a secondary offense, and the officer had to witness another violation before making a stop. The fine for not wearing a seatbelt will be $25.

Backers of the bill have tried to change the secondary-violation law for several sessions, never succeeding until now. The bill goes to the governor and takes effect immediately upon his signature. Passage of the bill assures the state of receiving $9.5 million in federal highway-safety grants. The violation is a primary offense in 26 other states, according to federal records.

The House also approved HB 1339, by Rep. Eddie Cooper of Melbourne, to change how Arkansas casts its six electoral votes for president every four years. The six votes now go to the candidate who carries the state. HB 1339 says the votes will go to the winner of the national popular vote.

Even if the measure is approved by the Senate and signed by the governor, it won’t take effect unless several other states pass similar legislation. Winning the presidency requires 270 of the 538 Electoral College votes. The Electoral College would effectively be abolished if enough states with a combined 270 electoral votes pass legislation like Arkansas’s. Five states have, so far.

Speaker of the House Robbie Wills of Conway and other legislative leaders unveiled a summary of how college scholarships to be funded by the new state lottery could be set up. Noting the vast differences in estimates of how much money will be generated by the lottery (from $55 million a year to more than $100 million), Wills said the state must be careful to not promise what it can’t deliver.

Because of that uncertainty, the draft legislation suggests a sliding scale for scholarships with their values based on the revenue actually generated. Scholarships to four-year colleges would range from $2,500 a year to $5,500, depending on revenue. Scholarships to the less-expensive two-year colleges would be half of those amounts. Ticket sales could begin late this year, and the first scholarships would be available for the 2010-2011 school year. The number of college students receiving scholarships will increase from about 8,000 to 35,000, and many of those recipients will be nontraditional students, Wills said. Eligibility requirements, under the draft, are a 2.5 grade point average or an ACT score of 19. Financial need, as well as academic accomplishment, will be considered.

Also during the week, the House approved:

• HB 1459, by Rep. Barbara Nix of Benton, to double the amount of time a judge can consider previous DWI convictions in setting a drunk driver’s punishment. It also gives prosecutors the same flexibility in determining what charges to file. The so-called “look back” period currently is five years, but HB 1459 would double that to 10. Most states have five-year periods, while a few others have no time limit at all. Under HB 1459, a person with at least four DWI convictions within a 10-year period could receive a felony enhancement in his sentence for another drunk driving conviction. The bill goes to the Senate.
• HB 1404, by Rep. Kathy Webb of Little Rock, to clear up confusion on the ballot. For last year’s general election, Arkansas voters faced three very different measures: Initiated Act No. 1 (limiting adoptions), Proposed Constitutional Amendment No. 1 (cleaning up election laws), and Referred Question No. 1 (to issue water bonds). The bill, which now goes to the Senate, will require the measures to be numbered in sequence, with no number being repeated. Constitutional amendments referred to the people by the General Assembly would get the first numbers, followed by proposed amendments placed on the ballot through citizens’ petition drives, any initiated acts placed on the ballot by the people, and by any acts referred to the people by the General Assembly.
• HB 1464, by Rep. Jim Nickels of North Little Rock, to raise the minimum wage from $6.25 an hour to $6.55, matching the federal minimum wage. Most minimum-wage earners in Arkansas already are getting the federal rate. The last time minimum-wage hike in Arkansas was in 2006, going from $5.15 an hour to $6.25. The bill goes to the Senate.
• HB 1402, by Rep. Steve Harrelson of Texarkana, to require Arkansas retail stores to sell only “fire-safe” cigarettes. The cigarettes extinguish themselves if they’re not actively smoked, and supporters of the bill say it will help prevent fire deaths. The bill goes to the Senate.

Along with the scholarship work, lawmakers in the coming days will consider a bill that sets up the state trauma network and identifies which hospitals will have major roles in that network.

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Arkansas Legislative Update

Posted on February 20th, 2009

Date: February 20, 2009
Contact: House Information Office, 501-682-7771
For Immediate Release

Lottery, Clinton visit highlight 6th week of session

LITTLE ROCK – A draft of a bill outlining the structure of the state lottery drew members’ attention during the sixth week of the 87th General Assembly’s regular session in Little Rock. Up next: a similar draft setting up scholarship programs to be funded by the lottery.

Arkansas voters approved a lottery last fall, and it has been lawmakers’ responsibility this session to set up legislation implementing it. Speaker of the House Robbie Wills and a Senate colleague, Sen. Terry Smith of Hot Springs, led an ad hoc group of lawmakers in beginning the work, and the result is a bill of about 100 pages.

Also during the week, the House and Senate convened in a joint session to hear remarks from former President Bill Clinton, who called on members – and all Arkansans — to keep faith in their country during tough economic times. “In 200 years every single soul that bet against America lost money,” he said, predicting that the economic stimulus bill and other measures eventually will work, probably in 12 to 15 months. Mr. Clinton’s last visit to the House chamber was in 2001, just a couple of days before he left the presidency.

The key elements of the lottery structure so far:

• A nine-member commission appointed by the governor, Speaker of the House and the Senate president pro tempore. The commission will hire a director and staff, with all salaries to be set by the General Assembly.
• The commission will decide what type of lottery games, including multi-state games such as Powerball, will be conducted, the number and payout of prizes, and how winnings are paid out. However, casino gambling and video lotteries are prohibited.
• Former members and employees of the commission can’t become lottery lobbyists, vendors or retailers for two years. Members and employees and their families also are prohibited from receiving gifts from lottery vendors, and can’t purchase lottery tickets or win a prize.
• The commission would be subject to the state Freedom of Information Act.
• Retailers receive commissions of no less than 5 percent of gross sales.
• Lottery ticket sales to those under 18 are illegal, and any prize-winner who is under a court-ordered lien will see those debts deducted from winnings of more than $500.
• Up to $200,000 in unclaimed prize money would go each year to the state Department of Health for the treatment of people with compulsive gambling problems.

“We need to ensure that we’re doing everything we can to have people running this that are going to be above reproach,” said Speaker Wills.

Also during the week, the House approved HB 1111, by Rep. Tracy Pennartz of Fort Smith, to eliminate the state excise tax on charitable bingo. The bill goes to the Senate.

Arkansas voters in 2006 approved a constitutional amendment allowing charities and non-profit groups to operate the games once they register with the state and are licensed. To pay for regulating the games, the state levied a tax of 1 cent per bingo playing card. That tax raises about $1 million a year, well above the state’s costs. Supporters of eliminating the tax say it was cutting into the amount going to charity. Opponents said the tax was one way of ensuring that legitimate charities, not out-of-state private enterprises, operate the games.

In other business:

• the Senate gave final approval to HB 1113, by Rep. Dawn Creekmore of East End, to ban partial-birth abortions in the state. The bill goes to the governor. The late-term procedure is very rare in Arkansas, according to testimony. The bill says any doctor who violates the ban can receive up to six years in prison; there is no similar penalty against a woman who undergoes the procedure.
• The governor signed HB 1013, by Rep. Ray Kidd of Jonesboro, to ban text-messaging while driving. It is now Act 181.
• The House approved HB 1461, by Rep. Monty Davenport of Yellville, to stiffen the fine for the abuse of “transporter” plates used by auto dealers to transfer vehicles to other dealers. The fine will go from $25 to $500 on first offense. A second offense would bring a fine of $1,000, and a third offense brings a $1,500 fine. Sometimes the transporter plates are used on personal vehicles, which is against the law. The bill goes to the Senate.

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