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Legislature winding down, issues remain unresolved

By Rob Moritz
Arkansas News Bureau

LITTLE ROCK — The Legislature has business to attend to before wrapping up the regular session this week.

End-of-session bills setting state spending priorities for next fiscal year and earmarking funds from an expected $300 million surplus must make their way through the House and Senate and to the governor’s desk. At least two proposed constitutional amendments lack final approval, and hundreds of bills remain on committee agendas — many of them will die there.  

Also, the Senate is expected to elect its 2011 leader on the last day of the session. 

“We’re getting down to the end,” House Speaker Robbie Wills, D-Conway, said Friday. “We do have a backlog of bills in both chambers, and really the latest that a bill can make it out of its original chamber is Wednesday.”

The Revenue Stabilization Act, the bill that prioritizes funding of the budget, was endorsed by the Joint Budget Committee on Friday, and identical Senate and House bills are expected to be considered in the House and Senate Tuesday. Both chambers also are expected to consider legislation outlining outlays from the General Improvement Fund, which details how the $300 million surplus will be divided.

Two proposed constitutional amendments endorsed by the Joint Committee on Constitutional Amendments await final action. 

Senate Joint Resolution 3 by Sen. Steve Faris, which would make hunting, fishing, trapping and harvesting wildlife a constitutional right, passed the Senate last week. House Joint Resolution 1007 by Wills, which would lower the threshold for issuing state bonds to attract major new industries to Arkansas, has passed the House.

The Legislature can refer up to three proposed constitutional amendments to voters in the 2010 general election. The committee was scheduled to meet Monday to consider other measures. Among them are HJR 1003 by Rep. Bruce Maloch, D-Magnolia, to remove from the constitution interest rate limits on bonds issued by and loans involving governmental units, and SJR 6 by Sen. Shane Broadway, D-Bryant. It would amend Amendment 65 to clarify that savings from performance-based efficiency projects are revenues under the revenue bond statutes and for state projects.

Thirteen House-approved tax cut bills await consideration in the Senate Revenue and Taxation Committee, which is scheduled to meet Monday.

Among them is HB 2202 by Rep. Tiffany Rogers, D-Stuttgart, which would create an annual back-to-school sales tax holiday. The state Department of Finance and Administration estimates the tax holiday would cost the state $1.6 million. Another, HB 1947 by Rep. Ed Garner, R-Maumelle, is a capital gains tax break of nearly $43 million.

Gov. Mike Beebe has expressed concerns about any tax cut proposals, saying some state services would have to be cut to afford the breaks.

Sen. Paul Miller, D-Melbourne, chairman of the Senate tax panel, said Friday he doubts the measures will get through the committee.

“Hopefully the committee will not pass them because they will disrupt the budget,” Miller said.

Also today, the Senate Public Health, Welfare and Labor Committee is to resume a hearing on SB 798 by Sen. Joyce Elliott, D-Little Rock, which would require doctors to inform rape victims about emergency contraception and to give the patient the medication if asked, or refer the patient to another doctor.

The committee debated the bill Friday but took no action. The Arkansas Pharmacists Association and the Arkansas Hospital Association oppose the measure because it would be placing standards of care into law. A spokeswoman for the Christian conservative Family Council also spoke against the measure.

Rep. Dawn Creekmore, D-East End, has several victims rights bills still in the Senate Judiciary Committee and said she plans to run them this week. They include:

  • HB 1578, would set restrictions on sex offenders whose crimes involved computers. The measure would allow a judge to restrict or forbid computer usage of offenders and limit offenders to one e-mail address or screen name.
  • HB 1713, which would raise the crime of indecent exposure from a misdemeanor to a Class D felony.
  • HB 1545, which would change the definition of stalking in current law to remove some of the conditions that must be met for a charge to be filed, including the condition that incidents must occur at least 36 hours apart.
  • HB 2264, which would authorize an arrest without a warrant if a person’s ability to place a telephone call in an emergency situation is hindered or prevented.

On Thursday, the Senate is to select its leader for the 88th General Assembly, which convenes in 2011. Four senators are vying to succeed Senate President Pro Tem Bob Johnson, D-Bigelow — Sens. Paul Bookout, D-Jonesboro; Percy Malone, D-Arkadelphia; Mary Anne Salmon, D-North Little Rock, and Ruth Whitaker, R-Cedarville.

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