Friday, February 4, 2011

A Matter of Correction~ But the Plot Thickens

Yesterday in my post Has Arkansas Been "Kucinich'd"? I said that Arkansas Insurance Commissioner, Jay Bradford made an appearance, when in fact it was not him it was John Morris from that office. My apologizes.



Remember me mentioning that "informal survey" presented at the committee meeting, seems as though my Spidey senses were attuned to the survey shenanigans. Turns out that it was not only informal but pertnear non-existent. Jason Tolbert, of the Tolbert Report, called the Commissioners office and FOIA'd (read post here) the survey. But what to his wandering eyes should appear but a miniature survey and an embarrassed Commissionier, (sorry the snow has me back in Christmas mode.)

The survey was only returned by one insurance company, QualChoice, and here is the response as posted on Tolberts blog: 
QualChoice, the only respondant in this survey, sent a copy of its policy on abortion coverage attached to an email. In the email, a representative of QualChoice said that they do not provide coverage for elective abortion but do “provide coverage for an abortion in the event of rape or incest as long as documented by a police report.”

Jason also found out the the Commissioner himself, Jay Bradford, will be giving a "presentation to the House Public Health Committee on the health insurance exchanges this coming Tuesday." Awww the plot thickens... 

The point of all of this is even if there had been 400 companies answer the survey it has nothing to do with SB113. This bill addresses and takes advantage of the "opt out clause" of the new government healthcare plan and has nothing to do with private insurances.

I'm sure there will be more updates to this next week~ 




Roll Call~

PICTURE OF THE DAY!

FROM MY FRIEND TERESA OELKE
Excessive gov. spending is a lot like excessive drinking. Except we all share the hangover
I like my gov spending how I like my beer: cheap








Jobless Story


Today the National unemployment numbers came out and the number feel from 9.4% in December to 9.0% for January with 36,000 jobs having been created. But the story is a little different here in Arkansas. Talk Business reported that unemployment rates are rising in 75% of Arkansas Metro Areas (read more...)



















Numbers Coming Out

Redistricting is a hot issue this year and will be tackled soon by our legislators. The US Census Bureau sent out a press release Wednesday, Census Bureau to Release Local 2010 Census Data for Arkansas, Indiana, Iowa and Maryland, saying our state numbers will be out next week. 
Let the gerrymandering  begin 





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TolbertReportFeb 03, 4:26pm via web
Power grab alert - Rep. Hall files HJR1002 to create special prosecutors that report directly to#ARLeg - http://bit.ly/eFk6ZN

Cliff Notes on yesterday's #ARLeg: Immigration, ethics, cell phones, & more. http://bit.ly/gzELl0
9:48am via web
Talk Business: #Unemployment Rates Rising in 75% of State Metro Areas http://bit.ly/ecoLZe#ARLeg #AFPAR #AFPhq

Going deeper into the 'ethics' bill, herbal snuff, start of school. Analysis from @ArkansasSenate:http://bit.ly/gbUet8 #ARLeg

FYI - An #ARLeg prison reform primer. Where does the debate stand today? http://bit.ly/fz1V5G

RT @ARGOP: ICYMI: The "The Arkansas Financial Transparency Act" filed Thursday would track state spending online http://ow.ly/3PWJN #arleg#argop

Government in new dispute with tobacco companies: The Justice Department is in a new dispute with the tobacco in... http://bit.ly/hQJ1xj

Tyson Foods profits nearly double in Q1 report.http://www.talkbusiness.net/article/TYSON-EARNINGS-RISE-85-/1459/


Excessive gov. spending is a lot lk excessive drinking. Except we all share the hangoverhttp://yfrog.com/gyoytapj

I like my gov spending how I like my beer: cheap.http://bit.ly/d92aF7 #tcot #AFPAR

PAGING SENATOR DAVID JOHNSON~WHERE ARE YOU?

(This was originally posted to the American Majority Blog page)



Kudos to Senator David Johnson (D, Little Rock) who received ZERO dollars in per diem, mileage and expense money for 2010, according to an admirable enterprise story by Michael Wickline in Sunday’s Arkansas Democrat Gazette. Going back to 2009, during a regular session as is 2011’s session, Mr. Johnson received only $1081.

I recognize Mr. Johnson is at an advantage over the majority of Arkansas legislators because he lives in Little Rock. Yet so does Senator Joyce Elliott who in 2010 received $25,979 in expenses along with Representatives Greenberg ($31,826), Allen ($31,332), Webb ($29,754), Adcock($28,2 00), D. Williams ($27,976), J. Edwards ($26,500) and A. Kerr($24,600). These 8 legislators alone were reimbursed tens of thousands of dollars, all in addition to their regular salaries of $15,869.

The closest example to Mr. Johnson’s fiscal restraint in 2009 was Representative James Word, (D-Pine Bluff) who received $24,600. And the totals soar from there, reaching a maximum collected of $60,092 by Senator Jimmy Jeffress (D,Crossett, appoximately 150 miles from the Capitol)…YES~I just wrote 60 thousand dollars in expenses reimbursements. This year, Sen. Jeffress cut back a bit after receiving some backlash over his steep expenses during 2009, and only collected $52,427.

We should give Rep. Nate Steel recognition, too, because in 2010 he only received $3,833, and he lives in Nashville, which is some 150 miles from the Capitol. Third runner-up for most fiscally responsible legislator is Rep. Steve Cole (D-Lockesburg) who rang in at $13,647 for 2010 (much less than his figure in 2009 of $35,468). Lockesburg is also right around 150 miles from the capitol.

Wonder why there is such a HUGE discrepancy in the amount of money reimbursed for basically the same travel? I understand that different legislators are on different committees and have different responsibilities but a $60,000.00 annual difference is a pretty big difference…

Wickline’s article points out that the first time an Arkansas legislator collected more than $50,000 in a single year was in 2007. Since then: In 2008 four lawmakers collected in excess of $50 thousand and in 2009 a whopping TWENTY legislators joined the crowd. The word obviously got around.

Those in the Top 20 during 2009 and what they collected from taxpayers for expenses (again, not including their salaries)

Sen. Jimmy Jeffress, D-Crossett $60,092
Rep. Bill Abernathy, D-Mena $56,592
Rep. Ray Kidd, D-Jonesboro $56,366
Rep. Mark Martin, R-Prairie Grove $56,290
Rep. Eddie Cooper, D-Melbourne $54,892
Rep. Buddy Lovell, D-Marked Tree $53,998
Sen. Gene Jeffress, D-Louann $53,949
Rep. Billy Gaskill, D-Paragould $53,524
Rep. Mike Patterson, D-Piggott $52,588
Rep. Monty Davenport, D-Yellville $52,047
Rep. Jon Woods, R-Springdale $51,949
Rep. Gregg Reep, D-Warren $51,898
Rep. Tommy Baker, D-Osceola $51,641
Rep. Curren Everett, D-Salem $51,492
Rep. George Overbey, D-Lamar $51,452
Rep. Nathan George, D-Dardanelle $50,860
Rep. Robert Moore, D-Arkansas City $50,603
Sen. Kim Hendren, R-Gravette $50,522
Sen. Steve Bryles, D-Blytheville $50,442
Rep. Allen Maxwell, D-Monticello $50,087

And then there were 8 lawmakers collecting over 50 thousand dollars in 2010:

Sen Laverty, D-Jasper $59,745
Rep. Kidd, D-Jonesboro $54,064
Sen. J Jeffress, D-Crossett $52,427
Rep. T. Baker, D-Osceola $52,199
Rep. Gaskill, D- Paragould $52,100
Rep. Patterson, D-Piggott $51,814
Rep. Woods, R- Springdale $51,467
Rep. Davenport, D-Yellville $51,186

Senator Laverty was the only one of the 2010 big expense collectors not to also reach the $50K mark in 2009, although he was just shy at $43,966.
These numbers are stunning to me, especially since I spent 2010 continuously traveling Arkansas from corner to corner and back again. Kerry Baldwin and I held 41 trainings, over a dozen events and a handful of speaking engagements from Texarkana to Mt. Home to Jonesboro and over to Fort Smith.
I traveled over 100 days and sometimes hit four cities encompassing 400 miles over a two-day period and never submitted a travel reimbursement voucher for more than $1000 in any single month.
It’s my understanding that legislators who live within 50 miles of the Capitol receive a flat fee” per diem of somewhere between $2,000 to $2,200, never having to even fill out an expense report. Those living more than 50 miles away receive $.51 per mile, round trip, and $149 a day per diem, with no expense report required.

As a business owner, I can’t turn those kinds of records into the IRS. Could you? I mean, can we talk some common sense here? And as a person who works for an organization that reimburses my proven travel expenses, I have to turn in a detailed expense report every two weeks with receipts attached. That’s if I expect to receive reimbursement. So someone tell me why should our public servants be any different?

Today (Jan 31, 2011), and not a moment too soon, Arkansas legislators introduced SB194. A bipartisan “Ethics Bill”. Please read this bill (it’s only 2 pages) and let me know if you think this will alleviate the obvious problem of paid officials continually soaking the taxpayers?
In 2010 $4.7 million was paid to 135 part-time legislators, most of whom have other vocations outside of their public service. I don’t think there’s a constituent in our state that would expect or want our law makers to absorb personal costs for officially tending to the affairs of our State. Yet I believe – and am convinced- that the sizes of these “expense” numbers as reported by Mr. Wickline are questionable.

I’d also encourage each of you to contact legislators in your area and make a habit of regularly submitting FOIA requests for their expense records. Show them you care and are watching our business as closely as any newspaper reporter. Itemized accountability has a way of curbing anyone’s desire to “inflate” numbers in the private or public sector.

Thursday, February 3, 2011

Roll Call

Promise of Transparency on it's Way
Kudos to Sen. Jonathan Dismang, (R-Beebe), who today  filed Senate Bill 221 titled “The Arkansas Financial Transparency Act. Rep. James McLean, D-Batesville, is a co-sponsor.


Dismang filed the bill for Lt. Gov. Mark Darr, who campaigned last year on a pledge to put all state spending online for the public to view. 






Lt. Gov. Darr released this statement today:



"I am pleased that The Arkansas Financial Transparency Act has been filed. I believe it is a solid piece of legislation that will greatly enhance transparency in government for the citizens of Arkansas.
"I am glad that this bill has bipartisan support. I want to personally thank Senator Jonathan Dismang for being the lead sponsor of this bill in the Senate. I also want to thank Representative James McLean for being the lead sponsor in the House. 
"The taxpayers have a right to know how and where their money is being spent and I believe this bill represents a strong step toward providing that for the people of Arkansas."



From Talk Business~


REVENUE REPORT SHOWS POSITIVES, BUT WARNINGS STILL ABOUND 
Boosted by growth in personal income taxes, Arkansas January revenue report continued to show marginal improvements for collections despite setbacks in consumer spending and corporate taxes.

Seven months into the state's fiscal year, year-to-date net available general revenues topped $2.72 billion, up 1.4% from last year and 0.3% above forecast. For the year, individual income taxes and gross receipts are boosting the improved numbers. (Read more...)




From Tolbert Report~  


Speaker Moore Admits Public Desires Tougher Ethics


House Speaker Robert Moore presented HB 1284 – the “ethics bill” – this afternoon to the House Rules Committee where it passed with no objections. Moore discussed the provision of the bill and the process of the bipartisan working group that led to its passage but he did admit that the public would like to see the bill go further. (Read more...)



  
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Barnett (R-Siloam Springs) files HJR1001 - shell bill for a prop const amend to "raise revenues" for highways - http://bit.ly/h1jxWV #ARLeg

The House just passed HB1009 by Rep. Woods, which will strengthen the laws regarding identification of sex offenders who move to Arkansas.

Earlier today the House Rules committee passed the legislative ethics bill, which I am co-sponsoring. HB1284: http://bit.ly/fG78F7

An Amendment (SJR3) was filed today to "require the General Assembly to pass a balanced budget" each fiscal year: http://bit.ly/e5Cz7A



dismang2:57pm via web
Proud to have filed SB221 today - Lt. Governor Darr's "AR Financial Transparency Act"http://tinyurl.com/4nw5mwz


1:48pm via Web
2 steps backward, 1 step forward: Unemployment rates rise in 6 of 8 metro areas in Ark. as year ends. 2010 analysis: http://bit.ly/fyvDDu


TolbertReport4:26pm via Web
Power grab alert - Rep. Hall files HJR1002 to create special prosecutors that report directly to#ARLeg - http://bit.ly/eFk6ZN

Has Arkansas Been "Kucinich'd"?


Want to talk about ethics reform?  How about insisting that our lawmakers adhere to the laws already in place and stop using power inappropriately?  Talk about a bunch of wheeling and dealing. What I witnessed today in the House Public Health, Welfare and Labor Committee would have made even the toughest bookie in Chicago blush. From my vantage point it  dishonored our state, those who serve and those who vote. It was very similar to what Sen. Blanche Lincoln pulled on the people of Arkansas with her famous cloture vote for the federal healthcare law, which is why we are even discussing SB113 in the first place!










As I talked about  yesterday SB113 was presented to that committee this morning. Rep. Wardlaw (D-Warren), a man who took an oath to uphold and defend the Constitution of Arkansas, successfully added (11-8 ~Roll Call below) a “hostile” amendment, called a “poison pill” by Rep. Barry Hyde (D, N.LittleRock). The amendment added the language "in cases of rape, incest or severe conditions" to SB113, which clearly conflicts with Amendment 68 in our State Constitution.  This move by Rep. Wardlaw thwarts the law and will of the people of Arkansas.
I know I know but George Bush did it, this has happened before—and certain those I agree with politically have probably taken part in this type of shenanigan previously—but it should not be tolerated, it is outrageous and smacks of back-room deals that rival anything every seen by the likes of Rod  Blagojevich.

Several legislators such as Rep. Mayberry (R, Hensley) and Rep. Lea (R, Russellville) made the point that voting on the bill with the amendment would make the entire bill unconstitutional. For that reason the bill was tabled. Umm, isolated incident I'm sure.

The members of that committee need to hear from you. In my opinion the blatant disregard for our Constitution and the voters of Arkansas by offering an amendment that clearly circumvents the law, is just plain wrong.  Is this not one of the major issues voters have been infuriated over: lawmakers not abiding by the law, trampling on our Constitution and overthrowing the will of the people?

The Arkansas State Legislature is not Burger King where you can “have it your way.” Our legislators are supposed to follow the rule of law. There are deep currents running underneath our Capitol, for power and control, that if not stopped will cause our system of government to fail.

Regardless of where you stand on the issue of SB113, the fact that legislators would “play games” so that bills are not voted on based upon their own merits violates, in my opinion, the very system we treasure and is symptomatic of the challenges that face our governments on every level. 

Some interesting asides:


  • Arkansas Insurance Commissioner, Jay Bradford (also a former State Senator) who is appointed by Governor Beebe, showed up unexpectantly to testified to the findings of an informal survey. The data of which is completely immaterial to the bill. LOL wonder if he knew that?
  • Rep. Jeff Wardlaw must be a legislative wonder, being a freshman and already so versed in the infamous “poisonous pill kill”. 

  • Rep Gary Smith and Rep. Sheilla Lampkin were both co-sponsor on the bill. Late last night Rep. Lampkin requested to be removed. She and Smith both voted for the hostile amendment today. They certainly did not realize that would kill the bill?

  • Representatives Wardlaw and Lampkin were the only two Democrats that voted in favor of Rep. David Meeks’ healthcare bill, I was told that something resembling Dennis Kucinich’s Air Force One ride took place for the pair shortly after. Could their actions today have been an amends(ment) for that vote? 





HOUSE PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE


Rep. Linda S. Tyler, Chair


Members who voted FOR Hostile "Poison Pill" Amendment 
Rep. Fred Allen 
Rep. Clark Hall 
Rep. Jeff Wardlaw 
Rep. Sheilla Lampkin 
Rep. Buddy Lovell 
Rep. Garry Smith 
Rep. Mark Perry 
Rep. Greg Leding 
Rep. Tracy Pennartz 
Rep. Charolette Wagner 
Rep. James Word


Members who voted NO on Amendment
Rep. Billy W. Gaskill      
Rep. Butch Wilkins          
Rep. Barry Hyde           
Rep. Andrea Lea             
Rep. Stephanie Malone     
Rep. Andy Mayberry  
Rep. Jon Woods  
Rep. Bryan B. King

Wednesday, February 2, 2011

Things Are Not Always What They Seem~ HB1013




The Arkansas House will soon be considering a bill involving illegal workers that would instruct a board 
with no legal authority to enforce the law, possibly put contractors in legal dilemmas while also making life for small businesses more complex and tedious. 

The House State Agencies Committee convened this morning to hear proposed bill known as amended HB1013, it was passed and will now go to the House floor.



The only problem here is, according to testimony from Greg Crow, Administrator for the Arkansas Contractors Licensing Board, the CLB has no authority or jurisdiction to enforce this law.  The privacy act has a very limited list of entities that are legally able to look at the documents such as the I-9 and E-verify systems that are used to confirm citizenship. And the CLB is not on that list.

The CLB currently has just over 8,000 contractors licensed through their office, which Mr. Crow estimates is only 40 percent of the industry in Arkansas.  Currently there 6 CLB field investigators to cover the state of Arkansas, which is funded by state government, however, (much to their credit) Mr. Crow told me his board is self sustaining.
 
Rep. Nickels (D-Sherwood) the legislator running the bill,  provided an impact study which shows the increased costs to the state for the CLB to enforce HB1013, even though it’s apparently illegal for them to even do so.  I didn’t see that study, but Mr. Crow told me each additional investigator hired would cost $100,000 a year in salaries, equipment and expenses.

Moreover Bruce Cross, head legal counsel for Associated Builders and Contractors of Arkansas, testified that not only can the CLB not enforce this law, it opens up our state and the contractors in Arkansas to potential legal ramifications with regard to IRCA. Mr. Cross also said this law only deals with the construction trade in Arkansas and not other industries. His point was if illegals are deterred from construction employment by this law, then what about other industries?

A gentleman who was a roofer testified for the bill. He explained how he has trouble finding a job because those here who are working illegally can work for so much less. He said he has traveled for hours in search of work to no avail. He said that he didn’t have a computer which, if this law passes, means that he wouldn’t be able to comply with the law.  Rep. Nickels stated he “could hire a staffing agency to take of it for him.”… LOL, oh really? This man, who can’t find work, is most likely not
licensed himself, has no computer, and works for a low hourly wage and now he should hire a staffing agency?

I guess he could buy a computer, purchase Internet service, hire someone to hook it all up for him and spend hours learning how to use it.  Wait… I thought this was about illegal immigration, not putting
more onerous restrictions and encumbrances on small business owners?

Also, Mr. Crow informed me that of their 8,000 members (remember that’s only 40 percent of the contractors in our state) less than 800 of those have an email address associated with their
application.  

This means only 10 percent of the contractors licensed with the CLB use, or even, have internet and email; think that’s a large leap? According to an Internet access study only 57 percent of U.S. homes have access to the Internet. Arkansas is one of the most rural states in the nation; might our access be even more limited than many others?

That’s why I found Mr. Nickels’ unrelenting insistence on the E-Verify system to be so mystifying.  Currently contractors have access to the I-9 system (paper) and E-verify computer process, which has a 54 percent failure rate according to Both Mr. Crow and Mr. Webb.  However, in his argument, Rep. Nickels was adamant  that only E-verify be used to offer cover for contractors as their affirmative defense. 

Rep. Anne Clemmer offered an amendment last week that was adopted today that I posted earlier (which also provides a little more background on this story.) Her amendment didn't originally include the E-verify system requirement, which she stipulated today.But at Nickels’ firm stance it was added. Rep. Ed Garner offered an amendment to the bill just today that failed because it offered language that said either system could be used.

It seems to me that this would put small business owners at a distinct disadvantage at a time when they are already hurting. The Arkansas AFL-CIO is the most vocal supporter of this bill, which leads me to wonder why would Arkansas unions want to put additional burdens on business owners in our state? Could this open the door for businesses to be taken advantage of by having to turn to more organized entities (i.e. unions) to help them out? I’m just asking here.

Might this be somehow used as a tool to harass or strongarm Arkansas business owners into accepting unions? The bill is unclear on many fronts, especially as to how it will be implemented and just who will be enforcing it. I think Arkansans have learned from past experiences (here picture of the state lottery) that open doors within poorly-conceived bills that make for many headaches later.

As stated by everyone on both sides of this bill, the matter of illegal immigration in Arkansas is one that must be effectively addressed. However, this bill falls far short of that goal in more than one way. What say we take our time to develop a first-class bill that addresses the immigration problem in our state when it comes to employment?  What we need is a well-conceived law that’s both legally enforceable and with which small business owners can comply without crushing them beneath additional burdens, especially in this troubled and uncertain business climate.