Capitol Notebook: Legislators Tackle Budget, Prison, Agri School Bills

With a possible end to this year’s session of the Arkansas General Assembly in sight, lawmakers approved the first part of the state’s budget as well as several other bills.

A big battle over HB 1228, the “Religious Freedom Restoration Act,” dominated the day’s headlines. After rancorous debate in the House, the controversial measure heads to Gov. Asa Hutchinson for action.

The state budget also was the focus of long sessions of the Senate and the House.

The House voted 86-0 to approve House Bill 1547 and 92-0 to approve House Bill 1548, while the Senate voted 27-6 to approve Senate Bill 689 and 33-0 each on Senate Bills 690 and 691.

The five bills set the parameters for the state’s budget, which takes effect July 1, 2015 and goes through June 30, 2016.

The $5.1 billion budget was released Monday morning during a Joint Budget Committee meeting in Little Rock.

Joint Budget Committee chairman Rep. Lane Jean, R-Magnolia told the House that the overall budget has a 2.8% increase this year, slightly higher than the 2.7% requested in 2013.

Jean also said the budget has seen the proverbial carving knife over the past two sessions, with lawmakers getting a 4.6% increase during the 2011 session.

Much of the debate Tuesday in the House centered around general improvement funds (GIF). Supporters of the funding have said it helps meet the needs of local groups and projects, while opponents have referred to the funding as pork-barrel spending.

There will be $40 million set aside for GIF funding in the budget. Of the $40 million, $10 million each would go to the House and Senate with $20 million going to Gov. Asa Hutchinson, Jean told the House.

Of the House’s share, at least $3 million ($1 million each) of the $10 million would be set aside for hunger relief, senior citizens centers and rural fire departments in the state.

Rep. Kim Hendren, R-Gravette, spoke against the process saying the funding was weighted toward larger cities and counties.

However, Jean countered it appeared that central and northwest Arkansas got the lion’s share of funding only because of population which helps determine the number of representatives in an area.

The House is scheduled to take up the Senate bills and the Senate will take up the House bills Wednesday, Jean said.

SB79 VETO OVERRIDE FAILS
Tuesday also brought the first use of a veto pen by Gov. Asa Hutchinson on a bill involving assigning property rights to people’s names, voices and signatures.

In a statement Tuesday, Hutchinson said he had constitutional concerns about the bill.

“In its current form, the bill unnecessarily restricts free expression and thus could have a chilling effect on freedom of speech and freedom of the press,” Hutchinson said. “In addition, SB 79 exempts certain types of noncommercial speech while failing to exempt other forms of noncommercial speech. The absence of these exemptions could result in unnecessary litigation and suppress Arkansans who engage in artistic expression.”

The sponsor of the bill, Sen. Jon Woods, R-Springdale, took to the Senate floor about 1 p.m. Tuesday to seek to override the veto.

The override attempt failed by a 12 in favor, 14 against margin.

CAPITAL GAINS BILL CLEARS SENATE HURDLE
A bill to set a 50% exemption rate for capital gains was overwhelmingly approved by the Senate Tuesday.

Senators voted to approve House Bill 1402 by a 24-9 margin, with one senator not voting.

Under the bill, the 50% rate would take effect gradually over the next year or so. The rate, currently at 40%, was expanded to 45% effective Feb. 1, 2015 and will go to 50% by July 1, 2016.

The bill, sponsored by Rep. Matthew Shepherd, R-El Dorado, received strong approval in the House and Senate Revenue and Taxation Committees.

The bill now heads to the governor’s desk for signature.

AGRI SCHOOLS
A House committee also approved a plan to create a pilot program for K-12 agriculture schools in the state.

The House Agriculture, Forestry and Economic Development committee voted to send Senate Bill 1037, sponsored by Sen. Gary Stubblefield, R-Branch, to the full House.

Under the bill, a mayor, county judge or a school board could apply for the school. The school would have to partner with an institution of higher education to “expand program offerings and provide opportunities for dual enrollment and concurrent credit, including industry-based certifications upon graduation from an agriculture high school.”

According to the bill, a school would have a seven-member board of directors appointed by the governor as well as a seven-member advisory board made up of industry and other officials.

The Arkansas Department of Career Education, working with the state Department of Education would also develop, administer and oversee the program, the bill notes.

Rep. James Ratliff, D-Imboden, who introduced the bill in committee, said the program would help students learn agriculture as well as provide training for a key industry in the state.

Former Rep. Randy Alexander also spoke in favor of the bill. Alexander said the impetus for the bill was the former Weiner School District.

The district closed due to falling under the 350-student limit set in Act 60 of 2003. Alexander said the district, with good test scores and finances, was shut down “due to a number.”

The bill now heads to the House floor.

PRISON TRANSPARENCY
The House Judiciary Committee approved a bill Tuesday that will allow certain records involving the state’s prison population to be made public.

The committee voted to send Senate Bill 617, sponsored by Sen. David Sanders, R-Little Rock, to the full House for review.

Under the bill, an inmate’s offense and sentence, whether the inmate is eligible for a suspended sentence, a disciplinary record, a photograph and a summary of all felony convictions would be posted on the Arkansas Department of Correction website for people to review.

The bill now heads to the House floor.

Also, a Senate committee approved a bill dealing with chemicals used during executions of people convicted and sentenced to death in capital murder cases.

The Senate State Agencies and Governmental Affairs heard House Bill 1751, sponsored by Rep. Doug House, R-North Little Rock.

According to the bill, the Department of Correction would use a three-drug cocktail during executions. The bill would also provide protections and immunity from legal action for retailers who provide the drugs.

The Arkansas Supreme Court ruled in March that the state’s lethal injection law was constitutional.

FLOOR ACTION
The House approved a pair of amendments on a bill dealing with the state’s participation in a nationwide education test.

The amendments involved House Bill 1241, sponsored by Rep. Mark Lowery, R-Maumelle.

Lowery’s bill originally would have ended the state’s working with the Partnership for Assessment of Readiness for College and Careers, as of June 30, 2015.

However, the amendments approved Tuesday will push the end date back a year as well as allow the Arkansas Department of Education to take into account the ideas of a Common Core Task Force set up earlier this year, Lowery told the House.

Also, the part of the bill ending the state’s participation in the sharing of data with the group will take effect June 1, 2015, Lowery said.

The House also approved amendments for a bill banning rehoming in the state – an issue brought to light by Rep. Justin Harris, R-West Fork, whose adopted daughters were transferred by him to another home where one of the children was raped.

The House voted 89-0 and 88-0 on the amendments for House Bill 1676, sponsored by Rep. David Meeks, R-Conway.

Under the bill, a person found guilty of the offense would face a felony charge. The practice involves placing an adoptive child into the custody of someone else.

Meeks said earlier in the session that the bill was based on a similar bill in Louisiana, offers family services to people interested in adoption and also seeks to tighten the law on abandonment.

WEDNESDAY SCHEDULE
The following committee meetings are set for Wednesday in the Arkansas General Assembly:

House Committees
10:00 a.m. – Revenue and Taxation, Room 151.
11:00 a.m. – Advanced Communications and Information Technology, Room 138.
11:00 a.m. – Agriculture, Forestry and Economic Development, Room 151.
11:00 a.m. – Judiciary, Room 149
Call of Chair – Education, Room 138.

Senate Committees
Call of Chair – Education, Room 207.
Call of Chair – Judiciary, Room 171.
Call of Chair – Public Health, Welfare and Labor, Room 272.

The House and Senate will convene at 1 p.m. Wednesday.