Daily Legislative Update
Friday, March 27, 2009
75th Day of the 87th General
Assembly
* * * CALL TO ACTION * * *
BOARDS AND COMMISSIONS
HB 1968 by Rep. Kathy Webb could be considered on the House floor this morning. This bill addresses an issue that we have joined others in opposing for several sessions. We fear this bill would have a chilling effect upon people’s willingness to serve the state through participation in boards and commissions. Our concerns are based upon the bill’s expansion of the conflict of interest laws including an impact on family members and the addition of criminal enforcement. Many people participate on boards and commissions because of their expertise and experience, which this bill could cause to go away. Please contact your state representative immediately and urge them to vote against HB 1968.
INCOME TAX NET LOSS CARRY FORWARD
HB
1911 by Rep. Keith Ingram has been moved to the House Revenue
and Taxation Committee’s active list and is expected to be considered
on Tuesday morning. It would extend the income tax net operating loss (NOL)
carry-forward period from five years to 15 years. It would apply only to
losses incurred on or after
* * * HOT TOPICS * * *
ENERGY EFFICIENCY PERFORMANCE STANDARDS
HB 1903 by Rep. Joan Cash is expected to be considered this morning in the House Insurance and Commerce Committee. This bill requires electric utilities to use their best efforts through the implementation of energy efficiency programs to meet by 2013 an annual energy savings goal of at least one percent and natural gas utilities to meet by 2013 an annual energy savings goal of at least seventy-five hundredths of one percent. The bill also allows limits on utilities’ expenditures on these programs to two percent of their total utility sales revenues for the preceding year and the bill allows the utilities to recover the costs of the energy efficiency programs from their customers. We have previously estimated that two percent of utilities’ total utility sales revenues for the preceding year would be about $72 million. The State Chamber/AIA opposes this bill because it would increase utility costs by $72 million per year.
HB 1851 by Rep.
Kathy Webb is also on the House Insurance and Commerce Committee agenda. It requires
the state’s electric public utilities to purchase at least 2 percent of
their requirements from renewable electric generation facilities. Renewable
energy resources are more expensive than conventional power plants and have
been projected to cost from twenty to fifty cents per kilowatt hour. The
current average price of electricity in
REMAINING STATE CHAMBER/AIA TAX PACKAGE
REBATE EXTENSION
HB 1949 by Rep. Davy Carter was considered yesterday morning in the House Revenue and Taxation Committee. We fell two votes shy of getting the bill out of committee. However, we have the option of bringing the bill back up one more time and we are working on a possible compromise. As written, the bill would extend the time to seek a rebate of local sales taxes from six months to one year. We believe it is important for legislators to understand that the money at issue here is money that we firmly believe belongs to the businesses. Before streamlined sales tax laws went into effect, businesses did NOT pay the amounts at issue here because there was a cap on the local sales tax. Because streamlined required the removal of the caps, we only agreed to support streamlined if a mechanism was created to allow a full refund to businesses. However, now that we have seen this operate for two years, we believe the six-month time period is too short. It will not allow small, less-sophisticated businesses time to claim the rebate. Extending this time to one year will help those businesses.
LEGAL STANDARD FOR TAX AUDIT APPEALS
SB 769 by Sen. Larry Teague and Rep. Keith Ingram received a Do Pass recommendation from the House Revenue and Taxation Committee yesterday and will now be considered by the full House. The bill will change the evidentiary standard of proof in tax cases appealed to court from “beyond a reasonable doubt” to “clear and convincing evidence.” Also, it provides that in a trial de novo in Circuit Court or subsequent appeal, there is no presumption that the DFA Director’s administrative determination is correct. We worked with the sponsors and DFA to reach an agreement that this bill now reflects.
CLARIFY DIES AND MOLDS EXEMPTION
SB 770 by Sen. Teague and Rep. Ingram has been amended in accordance with an agreement between the State Chamber/AIA and the Department of Finance and Administration. It is on Monday’s Senate calendar. As amended, SB 770 makes no change in the exemption for replacement machinery and equipment as was originally intended. However, it does expand the exemption for "dies and molds" used directly in manufacturing to specifically include other forms, tools and devices that determine the physical characteristics of finished products at any stage of a manufacturing process. It is hoped that this will change DFA's audit position on "unconventional" dies and molds; that is, items that form or change materials, but are not commonly referred to as dies or molds in practice.
The Arkansas Employers’ Health Care Coalition opposes the following bills:
SB 913 by Sen. Mary Anne Salmon would require health benefit plans to provide coverage for the diagnosis and treatment of autism spectrum disorders and prohibits insurers from terminating or refusing coverage solely because a person is diagnosed with an autism disorder. It remains on the Senate Insurance and Commerce Committee agenda. Employers view these types of mandates as causing a direct increase in health insurance premium costs.
HB 1930 by Rep. Pam Adcock as currently drafted would require health benefit plans to provide coverage for a hearing aid that is prescribed by a qualified physician, beginning January 1, 2010, and requires the State Insurance Department to promulgate those rules. Rep. Adcock was expected to offer an amendment in the House Public Health, Welfare and Labor Committee yesterday morning changing the bill to a “mandated offering” instead of a “mandated benefit” which will allow employers to choose whether to purchase the additional coverage. The bill would then specify the minimum coverage that must be offered, but would not require anyone to pay for the additional coverage unless they choose to. Assuming this amendment is adopted, the Arkansas Employers’ Health Care Coalition will likely withdraw its opposition to the bill.
SB 940 by Sen. Joyce Elliott would require group health plans and group health insurers to cover certain medically necessary reconstructive surgeries, though not cosmetic surgery. It is on the Senate Insurance and Commerce Committee agenda.
HB 2088 by Rep. Gene Shelby would require that physician profile ranking, rating and performance results are not public or used for reimbursement and would provide for the Insurance Department to promulgate rules for profile accuracy and transparency. This bill is too broadly drafted and would regulate activity that one could not reasonably anticipate. It is on the House Public Health Welfare and Labor Committee agenda.
OTHER RENEWABLE ENERGY/CLIMATE CHANGE LEGISLATION WE OPPOSE
In addition to the bills discussed above, the following bills have been identified by the State Chamber/AIA Task Force on Energy as bills to oppose. Please let your state legislators know of your opposition to these bills.
HB 2273 by Rep. Webb is a shell bill that would establish a revolving loan fund to be administered by the Public Service Commission to provide loans to homeowners for the acquisition of energy conservation measures to improve the use of energy. It is also on the Joint Energy Committee agenda. The State Chamber/AIA opposes.
HB 2051 by Rep. Maxwell is the Home Weatherization Revolving Loan fund Act of 2009.
The bill would
direct the Arkansas Public Service Commission to establish a home
weatherization revolving loan fund for
A couple of bills that
should be studied are SB 906 by
Senator Mary Ann Salmon and SB 959 by
Sen. John Paul Capps. SB 906 would amend
the
CONSTITUTIONAL AMENDMENTS
Each session, the General Assembly is authorized to refer up to three proposals to the next general election. The House State Agencies Committee has voted to move House Joint Resolutions 1003, 1004 and 1007 forward in the process for consideration. These three proposals, outlined below, were supported by the State Chamber/AIA.
HJR 1007 by Speaker Robbie Wills,
would remove the investment and employment limits ($500 million in
capital and 500 new employees), as well as the upper limit on the amount of
bonds issued, for funding economic development projects. It will change
Amendment 82, the Super-project Amendment, to make it more broadly applicable
to projects in more areas and allow
HJR 1003 by Rep. Bruce Maloch would remove the interest rate limits on bonds issued by governmental units and loans made to governmental units. This is also a pro-economic development proposal that would help local government projects and student loans.
HJR 1004 by Rep. Eddie Cheatham would make the same changes in interest rate limits as HJR 1003. In addition, it would adjust interest rate limits to assist businesses that make consumer loans as well as address concerns by the banking industry. It was amended on the House floor yesterday.
The Senate has moved the following Senate Joint Resolutions forward in the process for consideration:
SJR 1 by Sen. Glover would increase the terms of county officials from two to four years.
SJR 3 by Sen. Faris declares the constitutional right to hunt, fish, trap, and harvest game subject only to reasonable regulation of the Arkansas Game and Fish Commission.
SJR 5 by Sen. Baker would increase the length of terms for certain county officials.
SJR 6 by Sen. Broadway would make savings from performance-based efficiency projects revenue under the revenue bond statutes.
SJR 10 by Sen. Malone would repeal the requirement for a budget session of the General Assembly in even numbered years.
SJR 11 by Sen. Smith relates to the State Game & Fish Commission
The House State Agencies Committee may reconsider HJR 1013, which would authorize government investment in private technology companies.
POPULAR VOTE FOR U.S. PRESIDENT
HB 1339 by Rep. Eddie
Cooper and Sen. Terry Smith would assign
TODAY AT THE CAPITOL
House convenes at 10:00 a.m.
The Senate does not meet.
Committee Meetings:
Joint:
None listed.
House:
9:00 AM |
Room 151 |
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9:00 AM |
Room 149 |
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9:00 AM |
ROOM 428 |
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9:00 AM |
130 |
AGING, CHILDREN AND YOUTH, LEGISLATIVE & MILITARY AFFAIRS- HOUSE |
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9:00 AM |
ROOM 138 |
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Senate:
None listed.
NEXT WEEK AT THE CAPITOL
Committee Meetings for Monday, March 30, 2009
Joint:
10:00 AM |
Room 272 |
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10:00 AM |
Room 130 |
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House:
None listed.
Senate:
10:00 AM |
ROOM 171 |
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15 Minutes Upon Adjournment of Senate |
Room 207 |
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Upon Adjournment of Senate |
Room 272 |
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ISSUES
WORKERS’ COMPENSATION
SB 872 by Senator Larry Teague would expand workers’ compensation coverage to members of volunteer fire departments who do not engage in firefighting to be eligible for workers’ compensation. It is on the House Public Health, Welfare and Labor Committee agenda. This bill falls outside of the agreement between the State Chamber/AIA and the AFL-CIO.
TAX WITHHOLDING
HB 1929 by Rep. Bill Sample would make an employer who pays an employee in cash and fails to withhold taxes subject to a penalty of three times the amount of withholding. It is on the House Revenue and Taxation Committee agenda.
REAL ESTATE TRANSACTIONS
HB 2225 and HB 2226 by Rep. Pam Adcock are a couple of bills to watch if you are involved in frequent property transactions. HB 2225 would require the filing of a survey with all applications for permits to alter real property in the state and HB 2226 would require the filing of a survey with all instruments that transfer real property in the state. They are on the agenda in the House Revenue and Taxation Committee.
ELECTION BY PLURALITY
HB 1393 by Rep. Tommy Baker was defeated on the Senate floor last week but the vote was expunged and the bill has been re-referred to the Senate Committee on City, County and Local Affairs. This bill would change the way city and county officials are elected by eliminating the need for a runoff if the ticket leader received at least 40 percent of the vote and won by a specified margin. Senators thought the bill needed additional cleanup and many were concerned about removing the requirement of a 50.1 percent majority to be elected. We share that concern.
ANTI-TORT REFORM
HB 2103 by Rep. Lindsley Smith would create civil liability for new acts of Medicaid fraud or collusion and increase civil penalties for fraud under the Medicaid Fraud False Claims Act, allowing a person to bring an action in the name of the state for false claims. Recent amendments appear to be an expansion of civil liability that would be an expansion of tort laws in violation of our agreement with the trial lawyers to not bring tort reform or anti-tort reform bills. It is on the House Judiciary Committee agenda.
UNION DUES CHECKOFF
SB 945 by Sen. Joyce Elliott would allow county employees to have union dues withheld from their paychecks. It received a Do Pass recommendation from the Senate Committee on City, County and Local Affairs on March 17 and is pending consideration by the full Senate.
YESTERDAY AT THE CAPITOL
ISSUES
UNEMPLOYMENT INSURANCE
SB 429 by Sen. Tracy Steele passed the Senate yesterday by a vote of 19 to 7. The emergency clause was adopted in a separate vote. This bill is agreed to by the State Chamber/AIA and the AFL-CIO.
The Department of Workforce Service’s Unemployment Insurance Benefit Trust Fund is expected to experience at least a $300 million shortfall in 2009 and likely 2010. To address this problem the ESD Advisory Council, made up of State Chamber/AIA, AFL-CIO and consumer members, developed an agreement to address the Trust Fund’s shortfall. Management agreed to a $2,000 increase in the taxable wage base effective Jan. 1, 2010. Labor agreed to allow discharges to be treated in the same manner as quits. The change in the wage base will cost employers about $50 per employee per year on average and will generate about $46 million in additional benefit funding per year. The change labor agreed to will save the fund about $25 million each year.
The
amended bill also makes changes to our UI system to qualify for federal
stimulus dollars. By enacting an alternative base period to determine UI
qualification and two of four additional options,
PENDING ISSUES OF INTEREST
AEDC’S LEGISLATIVE PACKAGE
In partnership with the Arkansas Economic Developers, the State Chamber/AIA favors the AEDC package of bills.
HB 1939 by Rep. Rick Saunders would repeal the Motion Picture Incentive Act of 1997 and creates the Digital Product and Motion Picture Industry Development Act of 2009, replacing the tax rebate program with various production cost rebates. It passed the Senate unanimously yesterday and has been re-referred to the House Committee on Agriculture, Forestry and Economic Development to concur in a Senate amendment.
HB 1910 by Rep. Keith Ingram and Sen. David Johnson would change the equity investment incentive tax credit from 33.3 percent to 50 percent of the amount invested; allowing for a tax credit of 100 percent of start-up costs of forming a regional or community-based alliance fund; changing eligibility for investments. It was amended yesterday and is on the House Revenue and Taxation Committee agenda.
HB 2256 by Rep. Allen Maxwell and Sen. Jimmy Jeffress provides that biomass grown for the purpose of biofuel production is not subject to a severance tax. It received a Do Pass from the Senate Agriculture, Forestry and Economic Development Committee yesterday and is on Monday’s Senate calendar.
SB 1005 by Sen. Tracy Steele would establish a Minority Business Advisory Council to aid minority businesses in applying for and obtaining contracts with state agencies. It would require each state agency to employ a minority business officer to work with the commission. It received a Do Pass from the Senate Agriculture, Forestry and Economic Development Committee yesterday and is on Monday’s Senate calendar.
HB 2076 by Rep. Kathy Webb makes various revisions to the Nonprofit Incentive Act, including reductions in the payroll and equipment spending threshold amounts that are required for eligibility to receive benefits. It received a Do Pass from the Senate Agriculture, Forestry and Economic Development Committee yesterday and will now be considered by the full Senate.
HB 2081 by Rep. David Dunn would repeal the Emerging Technology Development Act of 1999 and makes various changes to the Consolidated Incentive Act of 2003. It passed the Senate unanimously yesterday and will now go to the Governor for his signature.
HB 2260 by Rep. Kathy Webb would require the Arkansas Energy Office to collect data on aviation fuels; authorizes the Energy Office to require cities and counties issuing building permits to adopt the current Arkansas Energy Code for New Building Construction. It received a Do Pass from the Joint Energy Committee Wednesday and will now go before the full House.
SB 920 by Sen. Shane Broadway would create the Technology Acceleration Fund for use by the Economic Development Commission, Science and Technology Authority, and Development Finance Authority for investment incentives to improve technology development. It passed the Senate yesterday by a vote of 34 to 0 and has been referred to the Joint Committee on Advanced Communications and Information Technology.
HB 2230 by Rep. Kathy Webb would provide a limited
exemption for income taxes to qualified windmill blade and windmill component
manufacturing companies locating in the state after
WORKERS’ COMPENSATION
HB 1864 by Rick Green is a shell bill that has been referred to the House Insurance and Commerce Committee. The bill addresses transparency and accountability issues of the workers’ compensation self-insurer guaranty fund. It is on the House Insurance and Commerce Committee agenda where is continues to await an amendment. This bill will be opposed by the AFL-CIO and the State Chamber/AIA because it is not part of our agreement.
RENEWABLE ENERGY/CLIMATE CHANGE LEGISLATION
In addition to the bills mentioned above that the State Chamber/AIA Task Force on Energy identified as bills to oppose, the following bills were identified as bills that we could support unless otherwise noted.
SB 584 by Sen. Shane Broadway authorizes the Development Finance Authority to issue the Energy Cost Savings Projects General Obligation Bonds, not to exceed $300,000,000, to finance energy cost savings contracts by state agencies for improvements to state buildings. It is on the Senate Insurance and Commerce Committee agenda.
HB 2256 by Rep. Alan Maxwell would exempt biomass grown for biofuel production from the severance tax. It received a Do Pass recommendation from the Senate Agriculture, Forestry and Economic Development Committee and is on Monday’s Senate calendar. This bill is part of the Arkansas Economic Development Commission’s legislative package.
HB 2230 by Rep. Webb would provide incentives for windmill blade and component manufacturers. It is on Monday’s Senate calendar. This bill is part of the Arkansas Economic Development Commission’s legislative package.
HB 1663 by Rep. Kathy Webb would provide for the building and renovation of buildings owned by the state or institutions of higher education through sustainable, energy efficient methods. It is on the Joint Energy Committee agenda.
HB 2078 by Rep. Webb would provide for the development of a program to assist residents with energy audits, weatherization and the installation of energy efficiency measures and to promote a workforce for that purpose. This is still a shell bill which is on the Joint Energy Committee agenda. Amendments will have to be reviewed to determine a final position.
HB 2260 by Rep. Webb would
require the Arkansas Energy Office to collect data on aviation fuel and to
issue a rule that requires an
HB 2002 by Rep. Maxwell would add a definition for “synthetic transportation fuel,” amend the definitions of “alternative fuels” and “biomass” and increase the incentive in the Arkansas Alternative Fuels Development Act. It awaits consideration by the Senate.
HB 1796 by Rep. Fred Allen would create the Alternative Energy Commission to study bioenergy, ethanol, solar and wind power, and other energy sources identified by the commission. It received a Do Pass as amended from the Joint Energy Committee Wednesday. The amendment will now be formally adopted on the House floor.
HB 1838 by Rep. Roy Ragland is a shell bill that would provide incentives for the development of renewable energy sources. It is on the Joint Energy Committee agenda. No position was determined on this bill.
HB 2008 by Rep. Webb creates an income tax credit of 30 percent of the cost of equipment used to collect, clean, compress, and transport landfill methane gas as an alternative energy source for commercial purposes. It was amended Monday and is on the House Revenue and Taxation Committee agenda.
HB 2077 by Rep. Webb would allow an income tax credit for expenditures by a contractor that increases the energy efficiency of an eligible residential property. It is also on the House Revenue and Taxation Committee agenda.
HB 1748 by Rep. Steve Breedlove would allow a deduction from gross income for the purchase and use of a solar energy system. It previously failed on a voice vote in the House Revenue and Taxation Committee but remains on the Committee’s agenda.
HB 1861 by Rep. Jane English would increase from 50 percent to 75 percent the income tax credit under the Emerging Technology Development Act of 1999, renames the Act, and adds alternative fuel sources, wind power, and electric vehicle equipment as qualifying technologies. This bill was amended Wednesday and is on the House Revenue and Taxation Committee agenda.
HB 2109 by Rep. Bill Sample would provide incentive to promote the generation of electricity from biomass, including without limitation agricultural waste, wood waste, poultry waste and other animal waste. It is on the House Revenue and Taxation Committee agenda.
SB 440 by Sen. Broadway would extend the Legislative Task Force on sustainable Building Design and Practices. It received a Do Pass recommendation from the Senate State Agencies and Governmental Affairs Committee yesterday and is on Monday’s Senate calendar. No position was determined on this bill.
HB 2235 by Rep. David Dunn would promote conservation of energy and natural resources in certain buildings leased by the state or state-supported institutions of higher education. It is on the House Education Committee agenda.
SB 921 by Sen. Shane Broadway would create the sustainable building design program for state agencies. It received a Do Pass recommendation from the Senate State Agencies and Governmental Affairs Committee yesterday and is on Monday’s Senate calendar.
SB 946 by Sen. Johnny Key would provide an income tax credit for costs of energy
efficiency home improvements, not to exceed $500 per taxpayer; provides claim
procedure; to remain in effect from
SB 973 by Sen. Sue Madison is a shell bill that would amend the tax provisions in Title 26 of the Arkansas Code to provide for the tax treatment of wind power. It is also on the Senate Revenue and Taxation Committee agenda.
SB 927 by Sen. Robert Thompson is a shell bill to promote the development of the alternative fuels industry in the state by establishing minimums for the percentage of alternative fuels to be sold in the state. It is on the Senate Agriculture and Economic Development Committee agenda. This bill is expected to be amended to include a mandate. The State Chamber/AIA opposes mandates.
SB 928 by Sen. Robert Thompson is a shell bill to increase state economic incentives for alternative fuel development. It is also on the Senate Agriculture and Economic Development Committee agenda. A position will have to be determined after the bill is amended.
EQUAL RIGHTS AMENDMENT
HJR 1014 by Rep. Lindsley Smith and SJR 12 by Sen. Sue Madison would ratify the proposed amendment to the United States Constitution guaranteeing equality of rights to women and authorize Congress to enforce by legislation those provisions. We are concerned about potential applications in the workplace. SJR 12 remains on the Senate State Agencies and Governmental Affairs Committee agenda. HJR 1014 also remains on the agenda in the House State Agencies and Governmental Affairs Committee.
STATE CHAMBER/AIA BILL TRACKING
This session the House filed 1,275 bills and the Senate filed 1,010 bills.
The State Chamber/AIA is tracking 537 bills and resolutions.
Please visit our tracking site here for the complete, searchable list of bills being tracked. The full text and an up to date status of each bill is also available at the site.
CONTACT INFORMATION
State Senators: 501-682-2902
State Representatives: 501-682-6211
State Chamber/AIA
Staff
Randy Zook, President/CEO:
rzook@arkansasstatechamber.com
Kenny Hall, Executive Vice President:
khall@arkansasstatechamber.com
Angela DeLille, Director of Governmental Affairs:
adelille@arkansasstatec hamber.com
State Chamber/AIA
phone: (501) 372-2222
