They've Got an Eye on You~ Medical Registry~

(Cue up spooky music) DOM-DOM-E-E-E…How would you feel about a national registry with your entire family’s medical information in it? States all over the nation are either already implementing or , as is the case in Arkansas, dealing with the issue of "expanding immunization registry" now. 


Today the Arkansas House put our state one step closer. They  passed 88-8, HB1317, filed by Rep Linda Tyler  (D-Conway), AN ACT TO EXPAND THE IMMUNIZATION REGISTRY TO BETTER PROTECT THE CITIZENS OF ARKANSAS.




Protect us from what? I wonder if the men and women that passed this one actually read this bill carefully and realized the implications of it's passage.

Here's some background. There was a similar bill filed in 2007, HB2025 by Rep Sandra Prater (D-Jacksonville). It was defeated in the House Public Health Committee.  One of the distinct differences in the two is that the 2007 version offered an "opt-out", the new and improved version, not so much.

Bills like this tend to give me the hebbie jebbies, and remind me of the book "1984" 

The Department of Health is the gatekeeper of the information, which according to the bill is not restricted to a particular use, not only that they are not required to share this data with the parents. I hear Scooby Doo in the background now going RUH? 

What about the doctor client privilege? In section 1 paragraph 2 it reads “Immunization records shall include data as specified by the department.”  What data? What specifications?

I am sure that this information would never be used by our government for any other reason than that intended.

What is even more disconcerting is the mandatory submission. Here is the verbiage starting on page 2:

 Duty of providers — Penalty.

A provider shall register with the Department of Health the intent to administer childhood immunizations to an individual under twenty-two (22) years of age under guidelines established by the department.

A provider shall report to the department the administration of a childhood immunization to any person an individual under twenty-two (22) years of age.

A provider may report the administration of adult immunizations to the department.

Not only will childhood immunizations be registered but this bill includes adult immunizations as well and the provider is the decider of submission not the adult. Sound like overreaching government? Does this help or hinder business? And just who do you think the “providers” will pass the cost of implementation and enforcement on to?

Unlike the 2007 version this bill implements a $25.00 fine for those who do not “participate”. Sound a little Stalinish? Who will enforce this? Will be have the immunization police or the registry squad?

This bill is now in the hands of the Senate Public Health, Welfare and Labor Committee, might behoove the citizens of Arkansas to get in touch with these lawmakers and discuss the particulars of this bill.

If you care to read a little more here is an article in the Arkansas Democrat Gazette written on this topic in August of last year. Seems the Governor was also worried about privacy and cost.

GET INFORMED AND ENGAGED!

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.

Legislating in the Wind~

"I don't envision the earphone police going out and arresting people. I don't see anybody being stopped to check what's in their ears."


"If this passes, you won't get in trouble for breaking the law. There would be no fines or tickets. Just wanting to make a point."


These are quotes from Arkansas Senator Jimmy Jeffress (D, Crossett) in response to his filing a bill that would make it illegal to wear headphones in both ears if you're working out or walking on or near a street.


The Fox 16 story reported Jeffress "just wants to keep you and your family safe."


Don't start duck taping your head just yet... 


Last week Roby Brock with Talk Business let us know about Rep. Tracy Steele, (D-North Little Rock), who wants to expand the smoking band.  Evidently there are not enough regulations on businesses in our state. 


And then there is Rep. Denny Altes, (R-Fort Smith) who has filed more than 20 bills himself, vital legislation like: 

HB1043: To enact the Reusable Shopping Bag Act; to prohibit a store from providing a single-use carryout bag to a customer; to encourage the use of reusable bags.

There are OVER 350 bills filed as of today. I am told that there will be several thousand by the end of the session. Check them out! Do you think that perhaps there is a bonus for filing bills?  Do we really need thousands of new laws or regulations?

There are many good bills that have been filed but I think that perhaps some of our legislators are not getting the clear message that Arkansans are done with over regulation, over taxations and obscure government.


Just for fun. I saw these tweets tonight as the twitter-verse lit up with Earphone-gate. Enjoy and make up your own. 




mdrache8:04pm via web

Next up, the #arleg will ban walking barefoot at home, due to the rash of tragic stubbed toe incidents. #newarlegbills

mdrache8:10pm via web

Hopefully, the #arleg will find time to pass the "Cradle to College Grad" helmet bill. They'll save parent millions on haircare products.

mdrache8:14pm via web

#arleg SB73 Papercut Prevention Act, banning the use of all paper-thin envelopes and packing material.

mdrache8:17pm via web

#arleg SB74 "No More Shocks" act, banning any interaction between socks and carpet resulting in static discharge,

Morning Roll Call~

Live Streaming Up and Running

What I would call another win for Arkansans. Kudos to the majority of men and women of the Arkansas 88^th General Assembly for sending a clear message to Arkansans that the tide has definitely turned.  As of today you can watch the majority of Arkansas House Committees via live streaming.  At 10am the Public Health, Labor & Welfare Committee along with the Revenue and Taxation Committee will be available to all.

It is my understanding that all committee meetings with live streaming capability will be streaming.

This is a GREAT example of representative governing. The electorate communicates their wants, needs and desires and our elected leaders represent those stances.

Look at what we can accomplish together!

Pay Raises?

From the Log Cabin Democrat: Ark. House to take up elected officials' pay

“The Arkansas House is taking up a measure that will keep the state's elected officials' pay flat for the coming year after a panel stripped out raises for judges and prosecutors.

The House is scheduled to vote Thursday on the proposed General Appropriation Act, which sets funding levels for the executive, legislative and judicial branches. The Joint Budget Committee recommended passage of the measure after its members rejected cost-of-living raises for judges and prosecutors.”

It is flying around that a 1.86% raise is being considered for government employees, now is the time to contact your legislators with your thoughts.

The Nanny State Moves to Increase

This tweet came across last night: “#ARLeg B/c this session wasn't going to be spicy enough: Advocates eye extension of smoking ban. http://bit.ly/em8gGI”

Obviously Arkansas business owners need a little more regulation pushed upon on them. It isn’t enough that they are taxed to death with one of the highest business tax rates in the nation (Arkansas ranks 39th in the Tax Foundation's State Business Tax Climate Index) now we must encumber them even more with Nanny State oversight.

For those of you how think Mike Huckabee is a limited government, fiscal conservative I encourage you to do a little research. It was Governor Huckabee that massively increased Arkansas government size and scope. The Arkansas Leader reported that Huckabee raised taxes more in 10yrs than Clinton did in 12.

So it is no surprise that Gov. Huckabee is the one responsible for the Arkansas Clean Indoor Air Act.

I encourage you to contact your legislators and give them your feedback on this issue.

Ever feel like that frog in the boiling water?

There's a New Boss in Town...Maybe

It’s no news that the Arkansas Game and Fish Commission is in the news. That has been a rather common occurrence as of late. From autogate, to former member Sheffield Nelson’s queries, to land swaps, birdocalypse , and the appointment of a new Commissioner.

Now Senator Jeremy Hutchinson has filed SJR2, a potential constitutional amendment that would put more legislative control on the Arkansas Highway Commission, Game and Fish Commission, institutions of higher education and provide more legislative control over the state lottery. Ultimately it would be put to a vote in the 2012 election and then if passed amended to the Arkansas Constitution.

To read more go to Talk Business here. 

In this feed you will find links to more news across our state! 

 

         FEED

TolbertReport8:17am via web

A special thanks to Sen. Steve Harrelson who pushed for live streaming during his time in the @ArkansasHouse http://bit.ly/f13oxz #ARLeg

DavidMeeks9:03am via HootSuite

Public Trans Committee will be starting shortly. Briefings from AHTD&DFA, plus two bills, HB1049&HB1044 on the agenda. #Arleg #fb

DavidMeeks9:33am via HootSuite

Anticipated needs for roads is 23.6 billion over the next 10 years. Anticipated funding is 4.1 billion. #Arleg

DavidMeeks10:00am via HootSuite

Rep McCrary and Rep Murdock talking about wanting to refer a 1/2 cent sales tax increase to the people to help fund roads. #arleg

Region8News9:59am via TweetDeck

AR wildfires in 2010 surpasses 2008-09 combined http://bit.ly/dGu2ao

ArkansasOnline9:05am via twitterfeed

Earnings and jobless claims likely to sway stocks: Stocks appear headed for a mixed opening on Thursday, a day a... http://bit.ly/eL1Yot

ArkBusiness8:32am via twitterfeed

Home BancShares Reports $13.8 Million 4Q Loss http://bit.ly/dO8Q0h

RobyBrock8:13am via TweetDeck

Gas prices rise for 6th straight week. Energy experts say pump prices not likely to hover below $3/gallon for awhile. http:talkbusiness.net

Disenfranchised Arkansas District 83?

If you have ambitions of being a playwright I hope you are taking notes on the political happenings here in Arkansas. You could have a best-selling drama.


Remember the story of Tom Fite and Leslee Post from district 83? Mr. Fite was found ineligible to be an Arkansas Representative by Pulaski County Circuit Court Judge Collins Kilgore because he pleaded guilty to a misdemeanor bribery charge more than 26 years ago. (Read more here)


Yesterday afternoon members of the 2011 Arkansas House of Representatives voted to seat Leslee Milam Post (D-Ozark) who received only 41% of the vote.


Rep. John Burris (R-Harrison), the Minority Leader, made a motion to delay the seating of District 83 (Post's seat) asking that the Claims Commission be able to review the case just as they had for Rep. Elect Fred Smith just days prior.  Burris explained that the wished of the people in district 83 need to be taken into account and their votes counted."
His motion failed, 60-28.


Then there was a motion to seat Ms. Post to which Rep. Nate Bell (R-Mena) made a statement pointing out that the ruling to disqualify Tom Fite clearly usurped the Arkansas State Constitution and a ruling by the Arkansas Supreme Court case in 2002, Magnus v Carr.


Here is a note from Rep. Bell explaining~

Today I spoke against the seating of Leslee Post in District 83.  My opposition was based on the need to preserve the constitutional separation of powers outlined in the Arkansas Constitution Article 4 sections 1 and 2  and Article 5 section 11 and was not intended to address the merits of the Post/Fite case which is pending before the Arkansas Supreme Court.  The Pulaski Circuit Court ruled in October that the ballots cast for Tom Fite were not be counted.  My argument today was based on the Arkansas Constitution as interpreted by the Arkansas Supreme Court in Magnus v Carr and numerous precedent cases.  The court held that the judicial branch does not have jurisdiction in election cases involving the legislative branch of government due to the separation of powers.  The court has repeatedly held that allowing the judicial branch to intervene in matters related to legislative elections would allow the judges to essentially choose members of another branch of government.  My viewpoint was defeated today 61-29.  I will always stand for constitutional principles even when it is politically unpopular.  6 Republicans voted with the Democrats to allow the judge to usurp the constitutional authority of the legislature.

The citizens of District 83 deserve to have their votes counted.  The votes would have been counted and Fite would have been declared the winner had the judge not intervened. The House would then have determined Fite's eligibility as outlined in Arkansas law.  If he was deemed ineligible then a vacancy in election would have been declared and a special election held.  Instead, the house today voted to seat the person who lost the election garnering less than 42% of the votes cast.  We allowed a circuit judge to elect a person to the legislature who received less than a majority of the votes cast.  I believe we set a very dangerous precedent today.

Here's a link to the case I cited:

http://courts.state.ar.us/opinions/2002b/20021024/02-604.html

The legislature voted 61-29 for Ms. Post to be sworn in and seated on Monday.


Anyone else see a problem here? The way I understand it ( and if I am wrong please let me know) according to the Arkansas Constitution and a case that was decided just 9yrs ago by the Arkansas Supreme Court, Judge Kilgore circumvented the Constitution of our state, ignored precedence, and did a huge disservice to the voters of Dist. 83.


The voters clearly voted for the more conservative candidate, as did the majority of voters in the state, and nation for that matter, and were smacked down. Was this a case of  over-reaching judge. Isn't that the story?


P.S
THANK YOU!! to our 29 Arkansas State Representatives that held the line. Thank you to Representatives John Burris and Nate Bell for attempting to stop the circumvention of our Constitution. I look forward to working with these men and women to bring to Arkansas fiscal responsibility, limited government, and Constitutional soundness.

You Can't Make This Stuff Up~

Okay, let me get this straight; we (Fayetteville) spent just shy of a million dollars for the city to implement a paid parking lot to increase revenues. Back in June of 2010 the city council agreed, 7-1, to a budget adjustment, adding 2.5 new full-time paid positions and allotting $289,000 each year to the Walton Arts Center.

Fayetteville residents now have well over a million dollar initial investment and hundreds of thousands of dollars annually committed for this one project; all the while citizens, mostly business owners on Dickson, screaming no.  

It goes downhill from there. Over the course of the last several months this parking tale has been a point of contention for merchants and patrons alike. To my knowledge this has been an ongoing issue addressed at every council meeting since. So on December 7th, the city council made changes to the times of paid parking, the maximum amounts of fines and freeing up Charles Ave.  and a few other changes that are spelled out in the Fayetteville Flyer story

Move to December 29, 2010 the City of Fayetteville puts this out:

Starting December 31, the new Dickson Street shuttle will begin.  This shuttle will be running on Friday and Saturday nights from 5:30 pm to 11:30 pm.  It will be on a ten-minute frequency schedule, making a trip every 10 minutes from Dickson Street to the Fayetteville Historic Downtown Square. 

 Free parking is provided in the City of Fayetteville parking lots that are located one-half block west of the Downtown Square--behind the Bank of Fayetteville and on both sides of Center Street.  These city parking lots are free during those dates and times.  Moreover, there is no fare being charged to use this shuttle, courtesy of Ozark Regional Transit.  Donations will be accepted on the bus to help out local charities.  Please see the attached map for the routing.

The purpose of this route is to help out the public and the Dickson Street merchants/Walton Arts Center by providing even more access to free parking in the Entertainment District.

So (I need a Red Bull) we are now using a government funded transit system to help people avoid paying the parking fees of a government funded project implemented to increase revenue~ again at the expense of the taxpayers?

Now how do we pay for the parking lot? How are we paying for the gas for the FREE shuttle, the transit worker for the extra hours?  How are we paying the 2.5 full-time employees, the $289K to the Walton Arts Center not to mention the maintenance of the parking system now not being used?? 

HELP ME~Is it just me; or our “leaders” on every level constantly implementing plans that cost us HUGE amounts of money only to come back, sometimes just moments later, to cost us MORE money to fix what they broke?

I encourage you strongly, if you are the least bit concerned about the direction of our city, state and nation, the debt  being heaped upon the backs of unborn taxpayers  compounded daily by government entities on every level and the consistent usurpation of the will of the people; please get involved. Please help in any capacity you can. 

For a Limited Time Only: Getting While They Can

Local and state governments are scrambling to get their “share” of tax payer money while the getting still seems possible.
Here in Arkansas local school districts are seeking millage increases, city councils are proposing local A & P Taxes (Advertising & Tourism Promotion tax) and municipalities are requesting sales tax boosts to build sports complexes; taxpayers are now being bombed with a steady rain of requests to shell out more “for the greater good” in different areas of our state.
My belief is that local and state governments are well aware of the tax tsunami building on the federal level and want to make sure they get their portion while it’s even remotely possible.
Imagine your own paycheck. Now visualize another nickel removed here, and another dime taken there, each and every month being siphoned away. Talk about being nickled and dimed to death. Arkansas is already one of the most heavily taxed states in the union. Every man woman and child breathing in our state today owes $4,305 in state and local debt alone. Not to mention the fact Arkansas is 12th among states growing in its debt. Which means for Arkansans our “tax free day” is not May 31st like some
would have you believe but it is actually July 29th, more than half way through the year!

Friends we don’t have a revenue problem, we have a BIG spending problem-

The Arkansas Primary is just over a month away on May 18th. We have tons of folks (candidates) running around getting their message out of what THEY promise to do if elected. My thought is what will they NOT do if elected? Will they NOT raise taxes? Will they NOT spend more than we take in? Will they NOT put my children and theirs in further economic bondage?
Here is a simple way to tell if those running for office will commit to fiscal responsibility and limited government- ask them if they have signed the American’s for Prosperity’s NO CLIMATE TAX PLEDGE?
http://www.noclimatetax.com/
There is a link on that page that will give you the opportunity to put your candidates and the already-elected officials on record saying they "oppose any legislation relating to climate change that includes a net increase in government revenue."
Traveling the state as a field representatives for American Majority, I meet people regularly with an earnest desire to become more proactive and involved in the political arena. American Majority Arkansas has partnered with American’s for Prosperity Arkansas to help Arkansans to do just that-become more informed, engaged and empowered. If you want to learn more attend one of our Impact Arkansas Tour stops. Join our crusade. http://americanmajority.org/arkansas/events/