Capitol Notebook: Firefighters, Death Penalty, Criminal Justice Reform Bills Advance

A bill that would help firefighters diagnosed with cancer due to their work sailed through a House committee, while several bills landed on the desks of the House and Senate clerks Wednesday.

Also, a Senate panel approved a measure that would eliminate the death penalty although the bill is unlikely to pass the full Senate, which has a supermajority of Republican lawmakers.

The House State Agencies and Governmental Affairs approved House Bill 1274, which would amend the payment of claims for firefighters who have been diagnosed with cancer as a result of their job.

Under current law, a beneficiary, surviving spouse or surviving children under the age of 22 of public employees can receive a $150,000 death benefit. The bill would expand the benefit to firefighters.

“(A) firefighter killed in the line of duty after July 1, 1987 including death from leukemia, lymphoma, mesothelioma, and multiple myeloma and cancer of the brain, digestive tract, urinary tract, liver, skin, breast, cervical, thyroid, prostate, testicle or a cancer that has been found by research and statistics to show higher instances of occurrence in firefighters than in the general population,” the bill read.

In order to receive the benefit, the firefighter must also be under 68 years old and have been employed for 10 or more years as a firefighter on active suppression duty.

Rep. Greg Leding, D-Fayetteville, who sponsored the bill, said recent studies have shown an increase in the kinds of cancers that firefighters are subjected to, including mesothelioma and thyroid cancer.

Rep. Kelley Linck, R-Flippin, said while he was supportive of helping firefighters, he was concerned over the funding source with nearly two dozen agencies and groups having access to the funding.

The bill now heads to the House floor.

DEATH PENALTY REPEAL GOES TO SENATE
A bill that would abolish the state’s death penalty was approved by a key committee Wednesday, content partner KATV reported.

The Senate Judiciary Committee approved Senate Bill 298, sponsored by Sen. David Burnett, D-Osceola, during a hearing at the Capitol.

Burnett, who was a circuit judge in Northeast Arkansas before winning a senate seat in 2010, told the committee he does not believe the death penalty stops criminals from committing heinous crimes.

The death penalty, which is done by lethal injection, is only available in capital murder cases in Arkansas. No inmate has been executed under the death penalty law since 2005 as legal challenges and a shortage of the drugs used for lethal injection have stalled executions.

Under Burnett’s bill, a person convicted of capital murder would face life in prison or life in prison without the possibility of parole. Also, a juvenile convicted of capital murder could face life in prison without parole or life in prison with a possibility of parole after serving a minimum of 28 years in prison.

The bill now heads to the Senate.

In other Senate Judiciary action, members approved SB 472, which contains many of the elements of Gov. Asa Hutchinson’s criminal justice reform program. Hutchinson discussed the plan in detail on this past week’s edition of Talk Business & Politics.

HB 1228 – ‘RELIGIOUS FREEDOM’ BILL
The Senate Judiciary Committee was deadlocked Wednesday on a bill that supporters say would protect religious liberty while opponents say it is discriminatory.

The committee were tied 3-3, with one senator voting present, Wednesday on House Bill 1228, content partner KUAR reported.

The state House voted 72-20 on Feb. 13 to approve the bill. During the debate, Rep. Bob Ballinger, R-Hindsville, said his bill would build a higher bar before the state could infringe on religious freedom.

“A state action shall not burden a person’s rights to exercise freedom of religion, even if the burden results from a rule of general applicability unless it is demonstrated by clear and convincing evidence that applying the burden to the person’s exercise of religion in this particular instance, is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest,” the bill noted.

However, in recent days, the bill has received some opposition from businesses such as Walmart, whose spokesman said the bill sends “the wrong message,” KUAR reported.

NEW BILLS
A bill that would look to remedy issues created in the aftermath of the Turner Grain Merchandizing issue was filed Wednesday.

Sens. Ronald Caldwell, R-Wynne, and Bruce Maloch, D-Magnolia, along with Reps. Michael John Gray, D-Augusta, Dan Douglas, R-Bentonville, and David Hillman, D-Almyra, sponsored the bill.

Under the bill, grain dealers would be required to be licensed annually by the Arkansas State Plant Board and those working without a license could face a Class D felony.

Dealers would also be required to post a surety bond, with the amount based on volume and size of the dealer’s operation. Also, the license of a dealer can be suspended temporarily without a hearing under certain circumstances with a hearing to be held within 10 days of the suspension.

U.S.-CUBA TRADE
A plan to help restore trade relations between the United States and Cuba also drew support from a legislator Tuesday.

Rep. David Hillman, D-Almyra, filed House Concurrent Resolution 1006. The resolution asks legislators to encourage President Barack Obama, Congress and the state’s congressional delegation to build the Caribbean nation as a trading partner of the United States.

Hillman cited the state’s agricultural exports and travel to the nation as reasons the policy should be overturned. The United States has had a trade embargo against the communist nation since the early 1960s.

Supporters of loosening or ending the embargo have said trade would open up the nation, while opponents have said trading with Cuba would only benefit the county’s leader, Raul Castro, and his brother, Fidel Castro.

ABORTION BILL FILED
A bill filed Tuesday would seek to stop certain funding opportunities for those who perform abortions.

Senate Bill 569, sponsored by Sen. Gary Stubblefield, R-Branch, uses Amendment 68 of the Arkansas Constitution as reasoning behind the bill.

The amendment says “No public funds will be used to pay for any abortion, except to save the mother’s life,” Stubblefield said in the bill.

Under the bill, “an agency or instrumentality of the state shall not award a grant to pay the direct or indirect costs of performing, inducing, referring or counseling in favor of abortions including without limitation – administrative costs and expenses, overhead costs, employee salaries, rent and mortgage payments and telephone and other utility payments.”

The bill would also stop the granting, appropriating or distribution of a grant to a group that “performs abortions, induces abortions, provides abortion referrals or counsels in favor of elective abortions” or an affiliate of a person or entity that does the same. However, the bill would not affect state Medicaid funding or the funding of a hospital, medical center or university.

The bill was referred Wednesday to the Senate Public Health, Welfare and Labor committee.

‘GOOD TIME’ CREDITS BILL
Rep. Donnie Copeland, R-Little Rock, filed House Bill 1450, which would provide “meritorious good time credits” to state inmates.

The bill would allow the director of the Arkansas Department of Correction to award 90-to-360-day credits for prisoners that complete certain good behavior requirements.

They include state-sponsored general education programs, a vocational program in which certification is awarded, drug or alcohol treatment at a corrections facility or a pre-release or rehab program sponsored by the state board of corrections.

Under the bill, the director could also give “good time” for an inmate in the following:

• 180 days for completing a general education program or a vocational program;
• 90 days for not abusing infirmary privileges by pretending to be ill to avoid a job assignment, set by the director, for a 150-day period.
• 90 days for remaining free from being written up for a disciplinary violation in a 180-day period.
• 365 days for saving the life of a corrections employee or another inmate.
• Up to 90 days for completing a job training program or assignment.

However, a prisoner could lose meritorious good time if they escape, possess illegal drugs or contraband, smuggle or trade contraband or be involved in a sexual-related disciplinary violation.

THURSDAY SCHEDULE
The following are a list of committee meetings scheduled for Thursday in the Arkansas General Assembly:

Joint Committees
7:30 a.m. – Joint Budget Committee-Personnel, Room B, MAC.
9:00 a.m. – Joint Budget Committee, Room A, MAC.
9:30 a.m. – Joint Committee on Constitutional Amendments (organizational meeting), Room 171.

House Committees
10:00 a.m. – Education, Room 138.
10:00 a.m. – Judiciary, Room 149.
10:00 a.m. – Public Health, Welfare and Labor, Room 130.
10:00 a.m. – Public Transportation, Room B, MAC.

Senate Committees
10:00 a.m. – Agriculture, Forestry and Economic Development, Room 309.
10:00 a.m. – City, County and Local Affairs, Room 272.
10:00 a.m. – Insurance & Commerce, Room 171.
10:00 a.m. – State Agencies & Governmental Affairs, OSC.

The Senate will convene in at 11 a.m., while the House will gavel in at 1:30 p.m. Thursday.