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Government Affairs Local Legislative Update
February 8, 2007

Manufacturers Sales Tax Exemption for Utility Costs:
The Governor and the Speaker of the House reached an agreement Tuesday on budget issues including the creation of a partial sales tax exemption for utility costs incurred in the manufacturing process.  The plan would reduce the state sales tax rate by 1.5 cents effective July 1, 2007 for the first year of the next biennium and an additional ½ cent effective July 1, 2008 for the second year of the biennium. This means we will enter the next legislative session with a sales tax rate of four cents instead of six cents on manufacturers’ utility costs.

Governor’s press release: In a meeting this morning [2-6], Speaker Petrus and House leadership agreed to support Governor Beebe’s plan to cut the state grocery tax in half beginning July 1. Governor Beebe praised the Senate and specifically the Senate Revenue and Taxation Committee for holding firm to the plan to eliminate the state sales tax on groceries, the largest tax cut in state history. Beebe and the House leadership have worked together to reach a positive understanding to help move our state forward with substantive tax relief that includes:

Cutting in half the grocery tax, the first step in a phase-out of the tax.

Adjusting the state income tax brackets so that those Arkansans earning
100% of the federal poverty level will not pay state income tax. This will
save low-income Arkansans about $16 million a year.

Increasing the cut on the sales tax on utilities used by manufacturers
from 1% to 1.5% in the first year of the biennium and 2% in the second
year of the biennium. This will provide a savings to manufacturing employers of $15 million the first year and $20 million the second year.

Senator Horn’s (Foreman) amendment to SB 119 passed out of the Senate Committee on Revenue and Taxation Wednesday.  The definition of manufacturing in the amendment to SB 119 includes operations classified in NAICS codes 31 to 33. Here is a link to the amendment: http://www.arkleg.state.ar.us.pdf

Currently Oklahoma, Texas and Missouri charge no sales tax on manufacturers’ utility costs while Tennessee and Mississippi charge 1.5%. Louisiana currently charges 3.3% with electricity exempted for forest products and a cap on natural gas taxes for all manufacturers. There is also legislation seeking a full exemption in Louisiana. In addition, 35 other states provide some kind of sales tax relief for their manufacturers.

Regional Mobility Authority:
We are actively pursing the adoption of Regional Mobility Authority Amendment legislation.  A regional mobility authority (RMA) is a political subdivision formed by a city, county, a geographically designated portion of a city or county, or a combination of the above for the purposes of planning, constructing, operating, funding, or purchasing improvements to a surface transportation system.  Due to pursing sign off by a number of agencies, organizations and legislators a bill has not yet been filed.  I anticipate a bill to be filed soon.  The attached RMA summary and background information is provided by Mike Malone, Executive Director of the Northwest Arkansas Council.     

Union Dues, Checkoff and Payroll Issues: SB 248
An Act to establish regular and uniform pay periods for Arkansas employers and employees; increasing the ways in which employers may pay wages to their employees; establishing the time and method of paying employees’ wages following termination of employment was filed by Senator Sue Madison (Fayetteville) last week. The State Chamber has
checked with HR professionals and employment attorneys and have discovered grave concerns about this bill. You should have your HR people look at it right away and make contacts with your legislators if you see problems.  Here is a link to the bill: http://www.arkleg.state.ar.us     

Bills filed in the 86th General Assembly: 
To date, the House has filed 417 bills and the Senate has filed 271 bills. The following is a link to bills being tracked by the State Chamber/AIA that are of particular interest to the business community and industry: http://tracking.weknowarkansas.org/allbills.php

New DHHS Director:  
Governor Mike Beebe named Jay Bradford of Pine Bluff to the Division of Behavioral Health Services at the Arkansas Department of Health and Human Services on February 5th, 2007.  Bradford, served 24 years in the Arkansas Legislature, 16 as a senator and the past eight as a representative. For details: http://www.arkansasbusiness.com

Other State Agency Governor Appointments:
For other recent Governor appointments: http://www.arkansas.gov

Legislative Forums: The Chamber hosts a Legislative Forum every other Saturday morning during the state’s legislative sessions (held every two years). The forums provide members with the opportunity to meet with area legislators to discuss topics of interest being addressed during the session.

The February Forums are Saturday, February 10 and Saturday, February 24 at the Embassy Suites Northwest Arkansas.  Breakfast begins at 7am with the forums kicking off approximately at 7:30am.  Legislative Forums are free and open to members, but reservations are required by registering online at www.RogersLowell.com or email martine@RogersLowell.com.

I want to thank Embassy Suites Northwest Arkansas and the John Q. Hammons Center for their sponsorship of this year's Legislative Forums

Government Affairs Committee: The Rogers-Lowell Area Chamber of Commerce will hold Government Affairs Meetings in the Baggett-Trammel Conference Room on the third Friday of each month at noon (2/16, 3/16, 4/20, 5/18, 6/15, 7/20, 8/17, 9/21, 10/19, 11/16 and 12/21).  
If you are interested in participating please email martine@RogersLowell.com

Daily Arkansas Legislative Updates: If you are not already receiving the Daily Legislative Update provided by the Arkansas State Chamber of Commerce and the Associate Industries of Arkansas please let me know by contacting me at martine@RogersLowell.com.  

Please do note hesitate to contact me with any questions on the above information. 

Best regards,

Martine L. Downs
Vice President Government Affairs
Rogers-Lowell Area Chamber of Commerce
317 West Walnut
Rogers, AR  72756
479.619.3193
Fax: 479.636.5485
martine@RogersLowell.com

Visit our website at:www.RogersLowell.com

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