Government Affairs Local Legislative Update
March 16, 2007
REGIONAL MOBILITY AUTHORITY LEGISLATION PASSES THE HOUSE AND SENATE WITH UNANIMOUS VOTES!
HB 1698 an act to revise the Regional Mobility Authority Act sponsored by Rep. Robbie Wills (Conway), Chairman of House Public Transportation, was filed February 22nd, 2007. HB 1698 successfully received a Do Pass in the House Public Transportation Committee with a unanimous vote on March 1st - a unanimous vote out of House on March 5th - it received a Do Pass in the Senate Committee on Transportation, Technology and Legislative Affairs with a unanimous vote on March 7th and a final unanimous vote out of the Senate on March 14th. Sen. Tracy Steele (North Little Rock) is the Senate sponsor. The bill was transmitted to the Governor’s office on March 15th. The Governor will sign the bill at
10 a.m., Tuesday, March 20th. The bill has 74 co-sponsors; 53 Representatives and 21 Senators. Here is a link to the bill: http://www.arkleg.state.ar.us/ftproot/bills/2007/public/HB1698.pdf.
The Regional Mobility Authority legislation is one of the Northwest Arkansas Legislative Priorities for the 86th General Assembly. 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.
* * * CALL TO ACTION * * *
WORKERS’ COMPENSATION
Your help is needed to pass one of the most important pieces of workers’ compensation legislation since the workers’ comp reform bill was passed in 1993. Two Workers’ Compensation Commission trust funds, that pay specific types of claims, are financially unsound and one could go broke in two to three years.
The State Chamber of Commerce proposed to Labor a plan to address the unfunded liability of both funds, but Labor could not agree with a key piece of their offer—to eliminate the Second Injury Trust Fund.
HB 2674 by Rep. Keven Anderson (Rogers) is the State Chamber’s bill to eliminate the Second Injury Fund.
PLEASE CONTACT MEMBERS OF THE ARKANSAS HOUSE OF REPRESENTATIVES AND URGE THEIR SUPPORT OF H.B. 2674
The bill will probably run in the House Public Health, Welfare and Labor Committee next Tuesday, March 20. If it passes, the bill would be considered shortly thereafter on the House floor where a 2/3rds majority will be required to pass. EVERY VOTE COUNTS. Please contact your representative today or this weekend.
Members of the committee are:
Chair: Rep. Eddie Cooper, Vice Chair: Rep. Johnny Key, Rep. Stan Berry, Rep. Susan Schulte, Rep. Sandra Prater, Rep. Denny Sumpter, Rep. Daryl Pace, Rep. Jim Medley, Rep. Marilyn Edwards, Rep. Roy Ragland, Rep. Rick Green, Rep. Willie Hardy, Rep. Pam Adcock, Rep. Stephanie Flowers, Rep. Gregg Reep, Rep. Dawn Creekmore, Rep. Mike Burris, Rep. Sharon Dobbins, Rep. Billy Gaskill, and Rep. Eddie Hawkins
You can leave a message for any representative by calling 501-682-6211 or go to http://www.arkleg.state.ar.us/scripts/ABLR/members/ARrep.asp for member bio information and contact information, including email addresses (not all members use email).
The Second Injury Trust Fund is one of two special trust funds operated by the commission. The other fund is the Death and Permanent Disability Trust Fund. Both funds are actuarially unsound. The Second Injury Fund is likely to go broke in two to three years, while the Death and Permanent Disability Trust Fund faces a similar fate in about 15 years.
If the Second Injury Trust Fund is allowed to go broke, the current 109 claimants would no longer be paid. This would most likely lead to an increase in the premium tax that is already one of the highest in the country.
At this point, it appears all other workers’ compensation bills will be held.
DON’T DELAY. GET INVOLVED NOW IN HELPING TO PASS HB 2674
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 Sen. Sue Madison (Fayetteville) and remains on the Senate Public Health, Welfare and Labor Committee’s deferred list. The State Chamber has taken the lead in opposing this bill. A significant amendment was adopted earlier this week. However, the State Chamber continues to receive multiple concerning comments about the amended bill. All employers should review this bill as soon as possible and express concerns to Sen. Madison and members of the committee. Here is a link to the bill: http://www.arkleg.state.ar.us/ftproot/bills/2007/public/SB248.pdf
UNEMPLOYMENT INSURANCE:
The Employment Security Department (ESD) Council of the State Department of Workforce Services contains representatives of management and labor. They meet quarterly to discuss unemployment insurance issues. Prior to each session, they develop an agreed legislative package of bills. This session’s package includes two bills:
SB 773 by Sen. Barbara Horn (Foreman) makes technical changes to the unemployment insurance laws. The bill is on the agenda in the House Public Health, Welfare and Labor Committee. The State Chamber/AIA supports this bill.
HB 2244 by Rep. Lindsley Smith (Fayetteville) diverts funds from an existing stabilization tax to cover federally mandated training. The training was to have been paid for with federal funds, but the funds have been held up in Congress. The bill is on the Senate Committee on Public Health, Welfare and Labor agenda. The State Chamber/AIA supports this bill.
HB 2374 by Rep. J.R. Rogers (Walnut Ridge) passed the House today by a 95 to 1 vote and has been assigned to the Senate Public Health, Welfare and Labor Committee. This bill was not developed through the ESD Council, but the sponsor worked with the director of DWS and labor agreed to not oppose. The amended bill prohibits individuals who fail a drug test from receiving unemployment benefits from the date of filing the claim until he or she has 10 weeks of employment at which they earned wages equal to or greater than their weekly benefit amount. The State Chamber/AIA can now support this bill.
HB 1702 by Rep. Denny Sumpter (West Memphis) would amend ACA 11-10-210(f), defining locum tenens physician as a physician who temporarily substitutes for a physician on sabbatical or vacation for 35 days or less, and exempting them from definition of “employment’ with regard to workforce services. This bill was not part of the agreed package of bills and could lead to a rush of other interests seeking exemption from unemployment insurance laws. It remains on the agenda in the House Public Health, Welfare and Labor Committee. The State Chamber/AIA opposes this bill.
FMLA:
HB 2772 by Rep. Lindsley Smith (Fayetteville) makes adjustments to the Family and Medical Leave Act. It is currently in the House Aging, Children and Youth, Legislative & Military Affairs Committee. This bill has caused a great deal of concern among human resource managers.
MINIMUM WAGE:
HB 1699 by Rep. Pam Adcock (Little Rock) is the Arkansas Department of Labor’s "clean-up" legislation to fix a problem created by the minimum wage bill passed in the 2006 special session. The bill is on Monday’s Senate Public Health, Welfare and Labor Committee agenda. It is important to many business interests that this bill becomes law. The State Chamber/AIA supports this bill.
SB 361 by Sen. Barbara Horn (Foreman) is a bill that addresses tip wages. It received a Do Pass as amended recommendation from the Senate Public Health, Welfare and Labor Committee Wednesday but has been re-referred to committee to attach another amendment to the bill.
HB 2598 by Rep. Pam Adcock (Little Rock) would increase the state minimum wage by $1 to $7.25. It is on the agenda in the House Public Health Welfare and Labor Committee.
COMING SOON: STATUS OF NORTHWEST ARKANSAS 2007 LEGISLATIVE PRIORITIES
Several of the Northwest Arkansas Legislative Priorities have been accomplished during the current 86th General Assembly. Look for an upcoming report.
UNION RECOGNITION – UNION CHECK CARD:
H.R. 800, the so called “Employee Free Choice Act” (EFCA), by Rep. George Miller (D-CA) passed the U.S. House of Representatives yesterday by a vote of 241–185. Rep. John Boozman voted against the bill while Reps. Marion Berry, Mike Ross and Vic Snyder, all co-sponsors of H.R. 800, voted for the bill.
Please contact Rep. Boozman and thank him for his vote against H.R. 800 and his consistent support of the Arkansas business community. (Lowell office: 479-725-0400)
H.R. 800 has now been placed on the Senate Legislative Calendar. Please contact our U.S. Senators, Blanche Lincoln and Mark Pryor, and insist that they NOT support H.R. 800.
H.R. 800 would take away a worker’s right to a federally supervised private ballot when deciding whether or not to join a union. It would replace the private ballot with a scheme called “card check” which allows a union to organize if a majority of workers simply sign a card. Under this system, the union organizers themselves – not the federal government – oversee the process, and the workers’ votes are made public to the employer, the union organizers and co-workers. If this proposal becomes law, union organizers will have a much easier time organizing unions in any and all businesses regardless of the size of the business. All businesses should be concerned about this legislation, even small businesses.
We are asking that you contact our U.S. Senators.
U.S. Senator Blanche Lincoln
355 Dirksen Senate Building
Washington, DC 20510-0404
Phone: (202)224-4843
FAX: (202)228-1371
EMAIL: go to http://lincoln.senate.gov/webform.html
U.S. Senator Mark Pryor
257 Dirksen Senate Office Building
Washington, D.C. 20510
Phone: (202) 224-2353
Washington D.C. FAX: (202) 228-0908
EMAIL: go to http://www.pryor.senate.gov/contact/
For tabulation purposes, if you would, please email a copy of your letter to beth@rogerslowell.com at the Rogers-Lowell Area Chamber of Commerce.
Thank you for your attention to this very important issue that is critical to our business community. If you have any questions please do not hesitate to contact me at martine@rogerslowell.com
Bills filed in the 86th General Assembly:
March 5th was the last day for bills to be filed. The total number of House bills filed is 1812. The total number of Senate bills filed is 1004 for a total of 2816 bills in this session. In 2005, legislators filed a total of 3176 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
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.
Our next forum is Saturday, March 24th 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 the public, 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 (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.
Washington, D.C. Fly-In:
Saturday, April 28th – Tuesday, May 1st
Each year the Chamber participates with the Arkansas State Chamber of Commerce/Associate Industries of Arkansas, Inc., and other chambers from around the state in an annual salute to legislators held in Washington, D.C. The event allows Chamber members to meet with area congressmen, senators and staff members to present area priorities for funding and regulatory attention.
A dinner with Rep. John Boozman, and lunch on Capitol Hill are a few of the special events planned. The visit concludes with a banquet attended by more than 200 people, including the Arkansas delegation. If you are interested in attending please email rburns@rogerslowell.com or mayers@rogerslowell.com.
If you have any questions, comments or inquiries on this information, please do not hesitate to contact me.
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 - www.rogerslowell.com
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