Governor: Private Option Changes Coming, No Regrets On RFRA

Gov. Asa Hutchinson said Thursday that the consensus reached on extending the private option for two years while a task force studies its replacement was the “miracle of the session,” and he does not regret his role in initially advancing the Religious Freedom Restoration Act.

Speaking in his office with reporters, Hutchinson said the private option extension gives both beneficiaries and providers a level of certainty about the program’s immediate future. He said he was encouraged by the flexibility offered so far by the federal government. Asked if the program could undergo minor changes and just have a new name, he said, “That’s off the table.”

“I think this is going to be a total refiguring of it in an Arkansas way with compassion but with fiscal prudence, and then also one that’s innovative,” he said.

Hutchinson initially supported the Religious Freedom Restoration Act passed by both the House and the Senate, but, after it and a similar law in Indiana attracted national attention, he urged the Legislature to instead adopt a law mirroring the federal version, which is what happened. He said he did not regret his role in helping move it out of committee.

“No, it’s an important issue that deserved a vote on the floor,” he said. “So that’s not the kind of issue you want bottled up in committee. And so I’m glad that it ultimately got to the floor for a vote, and I was glad to encourage. Now, in hindsight, sure, I wish we all knew 45 days ago what we know today. You know, we could have been more precise in the language. I would have made my call for a bill that precisely mirrors the federal bill earlier. But that’s hindsight.”

He said he does not “see any urgent need” to issue an executive order protecting LGBT state employees from discrimination.

Hutchinson said he doesn’t have a timeframe but “we want to move quickly” on appointing three Supreme Court special justices to preside over a case that will decide which justices will be involved in the case challenging the state’s gay marriage ban. Three justices have recused from that deciding case. The court has not rendered a verdict in the original case, and there are questions over what should happen because the makeup of the court has changed since the initial arguments.

Hutchinson said he was pleased with how the session unfolded. The Legislature passed all of his “big ticket items” – the middle class tax cut, the high school computer science course requirement, a review of the Common Core, the task force to study the private option, and a workforce education overhaul. Meanwhile, the Legislature passed a waiver to allow schools with less than 350 students to remain open, increased pre-K funding by $3 million, and increased reimbursements for county jails.

“All my big scorecard items were done, so you get a 100% on that, and then I think you get a little extra credit for a few other things that were passed that I wanted to see done but was not on the big ticket items,” he said.

In addition to the policy items that were completed, Hutchinson praised the session’s bipartisan spirit. He said this was a unique session where he was able to pass most of what he requested.

“The strength of the governor is from the respect of the office and the recognition that we need to have a leader, and also the desire to have the governor succeed, and so that’s impressed me, and that’s not a Republican thing,” he said. “That’s a Republican and a Democrat thing. Democrats who opposed me, they not only said it, but they showed it in actions that it is important for Arkansas that the governor succeed.”

Hutchinson has signed a bill that will require the secretary of state to post a monument to the Ten Commandments that will be funded privately. He said he was swayed by arguments by Rep. Kim Hammer, R-Benton, that the Commandments are an important part of the country’s foundation.

“I think it is important that it’s done in a way that is reflective of that history and that it’s not simply used as making a political point,” he said.

After passing his signature middle class income tax cut, Hutchinson said his next tax cut priority is reducing marginal rates across the board. He said he will meet with legislative leaders regarding how to do that. “We’re going to have another round of tax cuts in the future. I think it depends on how fast our economy grows, but I want to have a consensus develop for it,” he said.

Hutchinson is confident that the state’s new law spelling out protocols for lethal injections is constitutional. If so, it would pave the way for the state to resume executions, which haven’t been performed since 2005. As governor, he would preside over those executions and would be the last person capable of stopping them – a responsibility he said he is ready to fulfill.

“Sure you think about that, and it’s the law of the land,” he said. “It’s the law of Arkansas, and so my responsibility is to faithfully execute the laws. It’s important that you do it with serious gravity, and we’re a long ways away from any such night, but that’s important. And then secondly, you just want to make sure that the case is one in which there’s not a reasonable doubt and that due process has been met, and there’s been sufficient court reviews, and that all of those protections are in place.”