87th General Assembly ends after 88-day regular session

By Rob Moritz and John Lyon
Arkansas News Bureau

LITTLE ROCK — The Legislature on Thursday put the finishing touches on a regular session in which lawmakers created the framework for operating a state-run lottery, passed a tobacco tax increase to fund a statewide trauma system and crafted a make-do budget to try to ride out the recession.

Presiding officers of the House and Senate gaveled the chambers into recess after largely ceremonial final-day activities — the Senate did elect its leader for the 2011 regular session — and lawmakers headed home for Good Friday.

In separate addresses to the House and Senate, Gov. Mike Beebe said lawmakers accomplished much in difficult economic times.

“Your colleagues in chambers from Washington to Florida and from Maine to California only wish that they had what you have, both in terms of vision and in terms of institutional ability to meet a crisis head-on. They will be talking about you for a long time to come,” Beebe told House members.

Some legislators are scheduled to return May 1 to formally adjourn the 87th General Assembly — barring attempts to override vetoes or errors that would take full legislative action to correct, though not for a two-year period as in the past. A 2008 constitutional amendment requires the Legislature to hold a fiscal session in even-numbered years, the first of which will convene next February under rules adopted this year.

Another constitutional change voters approved last year authorized a state lottery for college scholarships. As their top priority this session, House and Senate leaders created a nine-member board to operate the games under legislative oversight, established a sliding scale to fund scholarships according to lottery revenues, revamped the scholarship application process and set criteria students must meet to qualify for the awards.

The Legislature also raised tobacco taxes — 56 cents a pack for cigarettes — to fund Beebe’s health care package, including a statewide trauma system. The administration initially said the increase would raise $86 million for health programs but lowered the projection to $72 million after Beebe signed the tax hike into law, attributing the difference to the impact of a federal cigarette tax increase that went into effect April 1.

Lawmakers reduced the state sales tax on groceries by a penny and on manufacturers’ utilities by three-fourths of a cent during the 88-day session held against the backdrop of a national recession.

With state revenues sagging, legislators allocated about one-third of a projected $300 million surplus to plug gaps in the governor’s $4.4 billion balanced budget for next fiscal year but still managed to set aside $60 million for projects in their home districts and $50 million for a fund the governor uses to close economic development deals.

Lawmakers also passed legislation to provide up to $15 million to help public school teachers with health insurance premiums and for the first time approved legislation to make extreme cruelty to dogs, cats and horses a felony.

Meeting for about 90 minutes Thursday, the Senate gave final passage to several bills and elected Sen. Paul Bookout, D-Jonesboro, as Senate president pro tem for the 2011 session. Bookout, was elected in a secret ballot vote over Sens. Mary Anne Salmon, D-North Little Rock, and Ruth Whitaker, R-Cedarville.

Bookout is the son of the late Sen. Jerry Bookout, D-Jonesboro, who also served as Senate president pro tem.

The Senate passed, 22-12, House Bill 1091 by Rep. Bill Sample, R-Hot Springs, which would allow school boards to go into executive session to discuss a student’s appeal of a suspension or expulsion.

Sen. Steve Bryles, D-Blytheville, who presented the bill, said a school board will generally follow a superintendent’s recommendation, even if some members believe the punishment is too harsh. By allowing the board to meet privately, members might be more willing to reverse the superintendent’s recommendation, he said. Opponents argued the student’s parents should be present.

The bill, rejected earlier this week by the Senate, now goes to the governor.

The House met for just over an hour. The membership presented a watch and a $200 gift certificate to Speaker Robbie Wills, D-Conway, who was joined on the House floor by his wife, Dana. The couple’s second child is due May 27.

“Folks, I couldn’t be prouder of the things we’ve done. We have done the right things.” Wills said. “I couldn’t be prouder of the way we have done it, because we’ve done it the right way.”

The House voted 59-27 to concur in a Senate amendment to House Bill 2160 by Rep. Fred Allen, D-Little Rock, which would ban, with some exceptions, the sale of toy guns that look like real weapons. The bill goes to the governor.

The only effect of the amendment was to change the bill’s name, but Rep. Debra Hobbs, R-Rogers, spoke against the amendment in a last-ditch effort to kill the bill.

Hobbs, whose husband, Ray Hobbs, is the president and CEO of Rogers-based BB gun maker Daisy Outdoor Products, said that although the bill would exempt BB guns and air guns, she feared retailers would overreact and pull the guns from their shelves anyway.

“It could cost Daisy $8 million-$10 million a year from the bottom line. Do you think they could continue to employ the number of people they do now if that happened?” Hobbs said.

Allen said that if the bill saved the life of just one child, it would be worth passing.

Legislators said later they were proud of the accomplishments of the past 88 days.

“I’m pleased with the session,” said Rep. Bill Abernathy, D-Mena, who sponsored the bill to help with teachers’ insurance premiums. “Obviously there’s more needs in many areas — not just education, but in many areas. But we can only do what we have money to do.”

“There were some ups and downs and a learning curve for some of us, like me, but all in all I think it was a good session,” said freshman Rep. Mary Slinkard, R-Gravette.

Rep. John Paul Wells, D-Paris, said he had “a great session,” but he’s glad it’s over.

“I’m ready to go back home and go to work on my own business now,” he said.

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