The All New TolbertReport.com!

Over the weekend The Tolbert Report went through an upgrade to a all new platform at TolbertReport.com. Please come check out our new site and update your favorite pages accordingly. We ask for your patience as we work out all the bugs if you have any feedback, please drop me a note at Jason@TolbertReport.com.

Presbytery of Arkansas Votes to Allow Gay Ordination

The Presbytery of Arkansas met yesterday at the University of the Ozarks in Clarksville where commissioners voted 116 to 64 to allow homosexuals to serve as decons, elders, and ministers in Presbyterian Church (USA), according to an article in today’s Arkansas Democrat Gazette. The commissioners represented around 91 congregations around the state in approved this amendment to their fundamental document known as the Book of Order. The amendment was proposed by the National General Assembly but it must be approved by 173 presbyteries to take effect. So 24, including most recently Arkansas, having vote to approve the change while 39 have voted no.

The issue is also coming to a head with the local Little Rock congregation of Second Presbyterian Church. The congregation will vote today on whether to accept the congregation’s nominating committee’s recommendation to ordain Michael Upson, an openly gay man for ministry in their church.

Who is looking out for you? Not legislators

By Brett Hooton

Last week Representative Jonathan Dismang (R-Beebe) had a bill, HB 1178, before the Agriculture, Forestry, and Economic Development Committee, which would protect the property rights of Arkansans. I've previously written about this bill. Unfortunately the majority of the members of this committee do not feel the same about your property rights as Representative Dismang. Instead they seem to worry more about their $2,000 campaign check from Chesapeake. Representatives King, Rice, Dale, Betts, Nickels, and Sample voted for the bill.

So why did this bill which protects your rights fail? Representatives Everette, Reep, Davenport , Wills, Lowery, Reynolds, Cash, House, and Patterson. Three Representatives were not in attendance.

The vast majority of Democrats on this committee voted against this bill. Was this party politics or simply paying back the gas companies for their campaign contributions? If there were another reason to vote for gas companies and against Arkansans I'd love to hear it.

One of the more surprising votes was Speaker Wills' no vote. He is from the Fayetteville Shale region. Does he really think voting against the property rights of Arkansans is what people in his district need or want? Maybe it is simply that Dismang didn't submit to the will of the Speaker and vote for the cigarette tax. I wonder if Dismang had voted for the cigarette tax if it would have earned him the vote of Rep. Wills and Reep (who sponsored the tax increase). Rep. Reynolds also lives in the Fayetteville shale reason. I wonder what the Representative's constituents think about that.

I have two more interesting observations. As you might expect Chesapeake had their lobbyist on hand for the committee meeting. What is surprising is that they would frequently mouth questions to Representative Lowery (as noticed by several observers) who would then ask their questions. I would have preferred it if as a representative of the people in District 6 you would ask questions for them and not the simply regurgitate Chesapeake 's talking points. The last point is that it has been rumored that Representative Davenport is considering running for Land Commissioner. I wonder if his campaign slogan will have anything to do property rights.

Benton Courier Makes Jay Leno’s "Headlines"

It is good see my hometown newspaper get some much-deserved national attention. Monday night, my very own paper The Benton Courier made The Tonight Show with Jay Leno in his segment called "Headlines." If you haven’t seen television in the last couple decades, "Headlines" is where Jay Leno will take funny newspaper story from around the country and make jokes about them. In the headline pictured above and linked here, the Courier gives the following description of a local bank robbery: “The suspect is described as a white male in his 20s, 5 foot 8 inches tall, weighing 160 pounds with light-colored hair, no facial hair and a full set of teeth, Benton police said.” He won’t get far; he will stand out like a soar thumb around here.

You can watch the video of the whole show here. The Benton headline is about 17 minutes into the show.

State Sovereignty Bill Filed in the House Today (UPDATE - Comments from Rep. Woods)

HCR1011, a resolution affirming the sovereignty of the state of Arkansas under the 10th Amendment to the U.S. Constitution was filed this afternoon by Rep. Debra Hobbs (R-Rogers). The resolution goes on to say that this is to serve as “Notice and Demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”

The resolution is part of a grassroots movement in state legislatures across the country as a protest to the intrusion of the federal government into state government affairs. Oklahoma recently became the first state in this movement to pass this type of resolution, HJR1003. As many as twenty other states are reportedly considering similar resolutions to Oklahoma and actual resolutions have been introduced in Arizona, Hawaii, Montana, Michigan, Missouri, New Hampshire, and Washington.



New Hampshire State Representative Daniel Itse, cosponsor of New Hampshire's HCR6, explains his state’s version of the bill and the overall purpose of the movement to Fox News Host Glenn Beck.

UPDATE – I spoke with Rep. Jon Woods, who is co-sponsoring the bill along with Rep. Debra Hobbs and Rep. Roy Ragland. Rep. Woods helped explain to me why they felt this needed to be filed. Rep. Woods said that they “have been working on this legislation since June, due to the growing trend with the Federal Government that all the answers should come within Washington, D.C., whether it’s No Child Left Behind or the Fairness Doctrine.” He said that the final straw was the announcement today from the chairman of the U.S. Senate Banking Committee Chris Dodd who they may have to nationalize our banking system. Rep. Woods said, “The Federal Government is the agent to the state, we are not an agent to the Federal Government. This resolution affirm that.”

Gov. Beebe Signs Bill Banning Partial Birth Abortion in Arkansas

A bill to ban partial birth abortion was signed into law today by Gov. Mike Beebe. A tip of my hat to the governor for signing this significant piece of pro-life legislation, but a wag of my finger for not giving as much attention to this bill signing as was given to the signing of bills such as the cigarette tax increase.

The bill, HB1113 now ACT196, sailed through both chambers of the state legislature with only six no votes in the house and three no votes in the Senate. This demonstrates once again the strange political climate of Arkansas with a state legislature dominated by the Democrats but still heavily conservative on most social issues.

The ban mirrors the Federal ban of the partial birth abortion procedure but by codifying it on the state level it allows the ban to stand in Arkansas regardless of any changes made by U.S. Congress or the Obama Administration.

Larry Page Director of the Arkansas Faith and Ethics Council said regarding the bill, “This measure represents important pro-life policy. The adoption of this law clearly signals that Arkansans respect human life and want to protect it to the extent possible under current federal constitutional and statutory laws.”

RPA Executive Director Karen Ray is Leaving Arkansas (UPDATE - More Obsessive Rumors)

Roby Brock rudely breaks news on my turf today – internal Republican Party of Arkansas gossip. Who does he think he is – a professional journalist or something? Anyway, according to Roby, current Republican Party of Arkansas executive director Karen Ray is heading back to her hometown of Jackson, Mississippi where her fiancée is planning to attend medical school. I guess we did not pass that tobacco tax hike in time to fund a degree program for him in Arkansas.

Ray spearheaded a successful 2008 election cycle for Arkansas Republicans where the state voted for John McCain in a landslide and made significant gains in the state legislature. Finding a replacement for her will be a challenge but non-existent sources deep within the party report that a favorite candidate has already emerged.

The RPA executive committee will meet on March 21 to begin the process of searching for a new director. According to made-up party sources, former communication director for Asa Hutchinson’s gubernatorial campaign and the second best Arkansas conservative blogger David Kinkade has emerged as a favorite for Ray’s replacement. My fictitious sources tell me that Kinkade is widely popular with members of the committee and they see him as the only one who can lead the Party to claim a majority of the state legislature and every constitutional office. One fabricated source reported that they were struck by his successful management of the Asa for Governor Campaign and hopes this success can be translated to every Republican race in our state.

(Editor’s note – for readers who did not catch my satirical nature, the entire portion of this post dealing with David Kinkade is completely untrue and done sole for retaliation of the similarly false rumor he is spreading about me. Of course, his rumors are not as well sourced as mine.)

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UPDATE – A real inside source tells me the RPA Chief of Staff Staci Cates has the inside track as her replacement. Although not much of a blogger, Cates has done actual real work for the Party since 2005, which is likely to carry more weight with the executive committee. (A source close to Cates tells me she is flattered to be mentioned but not interested.)

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UPDATE II – Good night, you rumormillers are fast. Someone else tells me that former communications director for Gov. Huckabee, Rex Nelson may also be waiting in the wings. That is if he ever gets people to play baseball on Ray Winder Field again. With his soon Obama mandated departure from the Delta Regional Authority, he will be looking for something new.

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UPDATE III – Wow, you people like to gossip! Someone else tells me that the RPA may go without an executive director for a period with RPA President Doyle Webb serving in a more full time paid capacity.

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UPDATE IV – Covert Arkansas Democrat operative Blake Rutherford of Blake’s Think Tank takes on my David Kinkade rumor and says, “Not so fast, my friend.” Kinkade, Rutherford claims, “is the perfect fit for the job.”

What is Rutherford up to here? Is this part of a grand conspiracy to lure us Republicans into choosing Kinkade as our ED? Then, he will rip off his I love the GOP t-shirt and display his Bloggers for Blache t-shirt underneath and laugh at our folly? Or perhaps Rutherford’s evil genius is even more Clintonian than that. Perhaps Kinkade really is the perfect fit for the job but Rutherford knows we would never listen to a yellow dog Democrat like him so by suggesting Kinkade, he eliminates him from our list; thereby preventing the perfect solution to all our problems.

On a serious note, if Kinkade were to put down the mouse and take up a steady paying gig at the RPA, he certainly would bring a wealth of experience and connections to the job. Plus his understanding of how to effectively use technology to communicate and network could really move us forward as a Party.

So, it is settled. We know for sure that it is either Rex Nelson or David Kinkade or no one or someone completely different. Okay, now back to work everyone.

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UPDATE V - Because I just can’t help myself and because my traffic is spiking from this story I must post another update to refer to two posts in the blogophere on this one.

First, fellow conservative blogger Rett Hatcher offers a constructive well thought out analysis of the qualities needed for our new executive director and does so without any name speculating gossip. So if that is your thing, good luck with all that!

Second, Kinkade updates his post with the following analysis, “And you should also know that the most likely candidate will not be any one of the names you see floated on these blogs, but someone picked by the Republican National Committee, most likely with Mr. Clint Reed’s blessing.”

Let me be the first of many very vocal grassroots state party activities to say “NO FREAKIN’ WAY!” Nothing against Clint Reed or the RNC but we do not need someone coming in here to tell Arkansas what the national party wants us to do, to say, and to think. If our party is going to succeed and build on the gains from 2008, then we have to get back to a grassroots bottom up approach to the way we do things. We have to recruit quality conservative candidates to run for local and state offices and then provide them with the resources to run a strong campaign. We do not need a satellite office of the RNC. If we do that, we might as well wave our white flags and surrender to the Democrats because we will quickly lose any and all relevance.

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UPDATE VI – I know is this getting to the point of absurdity, and I am certainly proving Brantley correct that I am obsessive, but two more names have been put through the rumor mill.

I am told RPA political director Chase (not related to Jim Bob) Dugger is considered to be a favorite of most Republican state legislators. Dugger is relatively new to the RPA office but is considered to be a rising star among Arkansas Republicans. If I remember correctly, the political director position is the same position Clint Reed came from when he was hired as executive director.

Arkansas Republican gone to Washington Princella Smith is another name being tossed around. Smith, like myself, is a graduate of Wynne High School and Ouachita Baptist University. She currently serves as a Chief Advocate for Newt Gingrich’s group American Solutions. Smith’s speech on behalf of American Solutions was one of the highlights of the Arkansas State Republican Convention this past summer. Plus, as a former campaign employee for RNC Chairman Michael Steele she may have just the right blend of Arkansas ties and beltway connections to land the job - if she wants it.

So to recap - it is either David Kinkade, Rex Nelson, Chase Dugger, Princella Smith, no one with RPA President Doyle Webb as the acting director (Max Brantley's belief), whomever RNC guru Clint Reed anoints (Kinkade's belief), or someone completely different.

Draft of the Lottery Legislation: Structure Section

The General Assembly website has a draft of the first half of lottery legislation up. This section deals with the how the lottery will be structured. But its 49 pages and its tax season so I have not read it yet. When I do, I will try to post a summary here.

Or better yet just wait for Kinkade to do his point by point analysis on each individual sections of the bill.

Rep. Harrelson Announces Plans to Run for the State Senate in 2010

House Majority Leader Rep. Steve Harrelson (D-Texarkana) broke a bit of news tonight on KATV’s webshow the Daily Debrief with Jessica Dean. In response to a question I submitted about his plans for 2010, Harrelson announced that he will be seeking the State Senate seat for District 21. Harrelson will be term limited after this session as will the current State Senator for District 21, Sen. Barbara Horne.

To my knowledge, this is the first time in Arkansas that a candidacy has been announced on a live webshow. Good job, Jessica!

Video: President Bill Clinton at the Arkansas Capital on Obama’s Stimulus Plan

President Bill Clinton visits with the press at the Arkansas State Capital after addressing a joint session of the state legislature. He said he is enjoying his visit back to Arkansas and discusses the changes he sees at the capital since his term as governor. He compliments the state of Arkansas for their management of the budget during a difficult economic time saying that this has placed Arkansas in a advantageous position compared to many other states.

He went on to discuss his support for Obama’s stimulus plan saying “It is a bridge over troubled waters but is not the end all and be all. We have got to get the banks lending. This is a private economy.” He went on to say, “The stimulus will carry us through until the private financial system starts to work again.”

He concluded by saying, “We got a plan that will fix it. And we all just need to get up everyday and not get into a deep pessimism about this. It’s a terrible thing but we will get through it.”

Rep. Mark Martin is Off His Marble

Kinkade already beat me to this one. But Rep. Mark Martin has joined the ranks of the Blogging Legislators. Several Legislators currently blog including House Speaker Robbie Wills, Sen. Larry Teague, Rep. Bubba Powers, and the grandfather of them all Rep. Steve Harrelson’s Under the Dome. As far as I can tell, Rep. Martin is the first Republican to join the club, other than Rep. Dan Greenberg’s occasional posts on The Arkansas Project.

Martin’s blog is called “Off the Marble” which he says has two meanings.

“Off the Marble” in this case means two things. First, I intend for the blog to be a source of news and commentary coming off or from the state capitol. Second, it is intended for those who are not on the marble - those grassroot Arkansans who are off the marble.”

Martin is no stranger to the new media. In fact, he was one of the first exclusive interviews of “The Tolbert Report” during the Republican National Convention. He also has been twittering for some time now.

Want to find out more about these “High Tech Lawmakers?” Well, you are in luck because that is the topic of Jessica Dean’s “Choose your News” story on KATV today. Log on to her website to follow this story all day long and then tune in tonight as Rep. Harrelson takes you behind the scenes of the capital on the Daily Debrief.

Lottery Talks Are Causing Motion Sickness As Opponents Lay Out Strategy

The lottery is beginning to move from behind closed doors into the light of day. House Speaker Robbie Wills promises that tomorrow we will get a look at the draft of the legislation dealing with the structure of the lottery. The House Rules and State Agencies and Governmental Affairs Committee will meet in the Old Supreme Court Room at the capital tomorrow afternoon to unveil this first half of the bill. Wills told the Arkansas News Bureau that everyone will get a chance to speaking promising “stay there as long as everybody wants to stay.”

However, tomorrow can’t come soon enough for Rep. John Burris (R-Harrison) who made a motion today that the full House hold a special session to consider the legislative. House “umpire” Wills ruling the motion out of the strike zone and refused to recognize it, saying, “Mr. Burris, I’m not going to recognize that motion at this time. I’d be happy to visit with you about that after the session today and possibly take that motion up tomorrow.”

I spoke with Rep. Burris this evening on the phone regarding his motion. He told me that he wanted the house to go into a special session following adjournment to give everyone a chance to publicly ask questions and discuss the lottery proposal. “I am not the least bit upset about the way the lottery discussions have been going,” Burris said. “But I do feel that we have reached the point where we need public discussions with all the representatives involved.” He told me that he is pleased that there will be a meeting in the Old Supreme Court chamber tomorrow but still feels a special session on the House floor would have been a better approach for facilitating the discussion. He went on to say that he felt his motion was proper but also that “the Speaker was within his power to not recognize it.”

As the debate nears the public view, the gambling opponents have also begun to outline their strategy. I have received messages both from Jerry Cox with the Family Council of Arkansas and Larry Page with the Arkansas Faith and Ethics Council. (In the interest of full disclosure, I used to work for Page at AFEC.) Here is the basic concerns laid out by AFEC (Family Council’s is very similar.)

• Video lottery terminals (VLT’s), which are nothing more than slot machines that the lottery commission could approve and install in numerous locations across the state, should be prohibited.

• The law should require the lottery commission to publicly and widely disseminate information regarding the odds of winning the various prizes offered in the state’s lottery business.

• Prohibiting the sale of lottery tickets to minors and imposing significant fines on those businesses doing so will be a feature that should become part of the law.

• Please contact both your state senator and state representative and ask them to oppose and vote against any lottery legislation that lacks real transparency, that will allow video lottery terminals, that will not provide significant penalties for businesses that sell lottery tickets to minors, or a law that fails to require the lottery commission to adhere to real, meaningful, and solid truth-in-advertising standards.

Brummett says I am a Parasite and I Agree (UPDATE)

John Brummett writes about a familiar topic on his blog today, the troubled news industry and its relationship to bloggers. Brummett, continuing the parasitic cycle by quoting from Salon, says “if newspapers die, the coverage of news dies because the Internet is basically parasitic.” He goes on to write, “you have all these bloggers who boast of their greater relevance than newspapers even as 90 percent of what they presume to know comes straight out of a newspaper.”

In a sense, he is right. Although I am not sure if I would go as high as 90 percent, most of what I know comes from the research and shoe leather of beat reporters who work at the state capital for eight to twelve hours everyday of the week. Without the Rob Moritz’s and the Andrew DeMillo’s of the world, I would know very little about what is going on with our legislature. Sure, I do make a trip or two a week for hour or so to the state capital and pick up a couple interviews and tips of what is going on. I correspond by email and occasionally a phone call with our elected officials to get some direct information on a issue I am following. But for the most part, I let the pros do the leg work.

What the news industry needs to understand is that bloggers are not their competition. If anything my blog drives traffic to their online content. Many times my posts are more of a commercial for their actual story than anything else. The news companies that survive will be the ones that figure out that their business is the delivery of news information and then adapt their business model to deliver this information in the manner that consumers are demanding, whether that is in print, online, via twitter, or whatever the next big thing is. Brummett should be pleased to know that ArkansasNews.com is a good example of this. With their improved website, I now read most all of Brummett’s blog posts and columns.

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UPDATE – I actually got to see inside Brummett’s lair today as I had a lunch with a friend of mine who works in his office building. We discussed his new venture into twittering and I highly encouraged him to start shooting some flip cam as well. I think he is considering it. That should be interesting!

More Senate Rumors: Baker and Halter

Speculating on what Republicans may run for office a year from now is usually a task reserved for crazy right wing bloggers like Kinkade and myself. But for some reason the left leaning blogging crowd has entered the mix. Brantley, commenting on state Sen. Gilbert Baker’s vote against the tobacco tax increase on Thursday said, “He is still thinking about a challenge to U.S. Sen. Blanche Lincoln in 2010.”

Brummett read this and did the unthinkable for a blogger; he called him – and on the phone no less! No checking his twitter account, no reviewing the scheduled speakers at the Central Arkansas Young Republicans luncheon. Brummett is so old school. Anyway, Baker tells him that National Republican Senatorial Campaign Committee has approached him about running but that he is really focusing on his work in the legislature right now. Brummett paraphrases Baker to say “Unlikely, but not absolutely not.”

So let’s review. So far Republicans (in no particular order) Tim Griffin, Tom Cotton, Rick Calhoun, French Hill, and Gilbert Baker are all rumored to be thinking of mounting a challenge to Sen. Lincoln. Of course, all of them have been approached by other people begging and pleading for them to run but none of them have been talked into actually doing it…yet!

But Republicans are not the only ones thinking a making a run against Blanche. Whispers around the capital are saying that the Lieutenant Governor Bill Halter (photo from Lance Turner) might be catching the Senate fever as well. Word is that the Union Bosses are keeping an eye on Lincoln's vote on card check legislation. If she votes against them, they will put their support (and money) behind Halter for a primary challenge. Of course, all this could just be state legislators expressing their admiration for the job that they think Halter is doing and their desire to see him leave the state capital building for bigger and better things.

Either way, 2010 should be a fun year for Arkansas politics!

Video: TV Ad on Sen. Blanche Lincoln’s Vote for Obama’s Stimulus Plan

The Conservative Washington PAC, National Republican Trust, will beginning running the above television ad about Sen. Blanche Lincoln’s vote for Obama’s $800 billion stimulus package. Max Brantley thinks you must be stupid if this ad appeals to you. I think somehow Brantley overestimates the support for Obama's Plan in Arkansas. From the ad…

“America in crisis, millions of jobs lost, foreclosures looming, families like yours are in trouble. But leading economist, the Wall Street Journal, even the Congressional Budget Office all agree Barack Obama’s nearly trillion dollar spending scheme just won’t work. It’s packed with pork barrel programs not jobs.

“Billions in new welfare benefits, billions for everything from bail for criminals to $600 millions for new cars for government bureaucrats, $400 million for radical groups like acorn, and $93,000 more for every member of Congress. Billions in wasteful spending but not enough jobs.

“Sen. Blanche Lincoln is backing the shocking Obama, Reid, Pelosi Plan. Call Lincoln today at (202) 224-3121 and tell her that you are anger with her vote. Stand up to Obama and Lincoln…”

Blogger Blake Rutherford Makes the Big Time

It is always good to see one of our own do well. Thank is why I am thrilled to see Blake Rutherford from Blake’s Think Tank make the Big Dance, the Main Event. Rutherford will be the guest host of the premier morning news talk radio show broadcast on both AM and FM frequency in the entire greater Central Arkansas area.

That’s right - the “First News” Program on KARN with have the smooth baritone voice of Blake Rutherford saturating our airwave from 5:30 AM until 9:00 AM. I know I will be setting my alarm to wake up extra early on President’s Day as I can’t imagine missing a minute of the three and half hour program! You can join me and dozens of others in tuning in to 102.9 FM, 920 AM, or online through the miracle of the new media.

And When We Get Behind Closed Doors (UPDATE IV - Busted on Video!)

Charlie Pride may have been the most recent visitor to the state capital but the legislative leadership is singing Charlie Rich’s “Behind Closed Doors.” On Monday, we were given a sneak peak at the proposed lottery through a memo released to the state representatives and posted into the blogosphere about 5 minutes later. Rep. Harrelson posts on his blog this morning, “A handful of House members and a handful of Senate members will meet beginning at 5:00 p.m. today with hopes that we'll emerge Friday with a 'floor ready' bill on the implementation of the lottery.”

I inquired to Rep. Harrelson and Speaker Wills if I could attend the meeting. No such luck. I was informed this is “a working session” and that there is “no open meetings requirement in the legislature.”

Will they meet in a smoke filed room or will the new tax increase on cigarettes hinder that from occurring? Will they come up with secret encoded messages in the text of the bill meant only to drive LG Bill Halter crazy? Will Harrelson and Wills devise a secret strategy to make their blogs way cooler than mine and Kinkade’s? Will they order out for pizza or work through dinner so they can head out for late night cocktails? I guess we will never know. But it does look to me like by the time we see the actual lottery bill, the real debate will be over.

UPDATE – Speaker Robbie Wills reveals the location of his top secret meeting on the lottery via twitter. Perhaps he has not read about the Virginia legislator who thwarted a Republican coup with his twitter post.

Loose lips sink ships!
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UPDATE II – A covert operative deep within the legislative process reveals a photo taken on a special hidden camera at the top secret lotto meeting.

What does this photo reveal? Experts in the photo-cryptography department at the Tolbert Report are working around the clock to figure it out. But I am pretty sure it has something to do with Halter.



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UPDATE III – The boys in cryptography have still not been able to solve the hidden Halter message but they have found an article of interest on the table. In the close up to the right, you can clearly see a cigar sitting on the table. Doubtless only minutes after the picture was taken by the brave Tolbert Report spy, this cigar along with countless others were cut, lit, and smoked filling this conference room with the most desired of all known substances.

Yes, you heard it here first - the final details of the state lottery were worked out literally in a smoke-filled backroom deal!

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UPDATE IV - The fearless journalist from Fox16 Kelly Dudzik busts up the secret alliance atop Petit Jean Mountain. You can see Robbie Wills and Shane Broadway standing outside boldly guarding the secret entrance to the smoke filled room. I am told (meaning that I made it up) that on the cutting room is Robbie Wills saying to the camera with a snarl “…And we would have got away with to, if it weren’t for you pesky bloggers.”

Partial Birth Abortion Ban Passes the House; Six Most Liberal Representatives Vote No

The bill to ban partial birth abortions in Arkansas passed the house this afternoon by an overwhelming majority vote of 84 to 6. Thank you to these 84 Representatives, Republican and Democrat alike, who voted for this bill.

Winning the award for the six most liberal Democrats in the House were those voting against banning this barbaric procedure. Representatives Otis Davis, Lindsley Smith, “Bubba” Powers, David Rainey, Gene Shelby, and Kathy Webb all voted no. If one of these legislators represents you, make sure and take note that they are in the most extreme element of the pro-abortion politicians.

The bill now heads to the Senate where it is expected to meet little opposition.

Senate Votes to Raise Taxes on Cigarettes by 28 to 7

As expected, the Arkansas Senate taxed to raise taxes on cigarette to fund a healthcare package by a vote of 28 to 7. Democrat Senator Jerry Taylor joined six out of eight Senate Republicans to vote against the bill. Republican Senators Cecile Bledsoe and Kim Hendren, along with the rest of the Senate Democrats voted for the passage of HB1204 to give the ¾ majority required. The bill now heads to the governor’s desk where it will be signed by Gov. Beebe.

Spokesman for Gov. Beebe, Matt DeCample said following the vote that he was pleased with the Senate vote saying, “Lots of people did lots of good work to get us here.” Gov. Beebe has a scheduled press conference at 1:30 to discuss the vote further.

House Speaker Robbie Wills made to journey across the capital to watch the Senate vote. Afterwards the vote, Wills said, “This was a bold and courageous decision to raise taxes in tough economic times."

Senate Republican on Raising the Tobacco Tax on Thursday (UPDATE)

After clearing the first huddle in the state House without a vote to spare, the bill to raise taxes on tobacco to fund a health care package is heading for a vote in the state Senate on Thursday. The bill, HB1204, came out of the Senate Revenue and Taxation with the minimum five votes needed to pass.

The question remains as to whether the bill can gather 27 out of 35 votes needed to send it to the governor’s office. John Brummett said on his blog today that the votes appear to be there and even Sen. Gilbert Baker may be considering voting for the bill. I asked Sen. Gilbert about Brummett’s claim and he assured me that he is a “firm no” on the bill. I also was able to confirm with Senators Johnny Key, Sharon Trusty, and Denny Altes that they all oppose the tax increase. Sen. Cecile Bledsoe confirmed that she will vote for the tax increase.

This leaves three Republicans as undecided or unconfirmed, Sen. Ruth Whitaker, Bill Pritchard, and Kim Hendren. Sen. Whitaker has not gone on the record against the tax increase but her record would indicate she would likely oppose the measure. Sen. Pritchard said at a forum in northwest Arkansas this weekend that he is still undecided. Independently minded Sen. Hendren originally opposed the increase but most recently has said since he is leaning toward supporting the measure. With at least one Democrat, Sen. Terry Smith, already opposing the increase, all three Republican could defeat the bill by voting no only if one additional Democrat also votes no.

Here is the contact information for the undecided or unconfirmed Senate Republicans:

Sen. Ruth Whitaker
(Likely to vote no but unconfirmed)
479-474-0911
whitakerr@arkleg.state.ar.us

(Final Result - Voted Against the Bill.)

Sen. Bill Pritchard
(Confirmed Undecided)
479-442-8611
pritchardb@arkleg.state.ar.us

(Final Result - Voted Against the Bill.)

Sen. Kim Hendren
(Leaning Yes)
479-787-6500

hendrenk@arkleg.state.ar.us

(Final Result - Voted For the Bill.)

UPDATE – According to Roby Brock, there are two Democrats planning to vote no, Senators Terry Smith and Jerry Taylor. This means if Sen. Bledsoe is the only yes Republican, this tax increase will not pass. Senators Hendren and Pritchard hold the bill’s fate in their hands.

Two Common Sense Bills

by Brett Hooton

HB1380 – Would make prosecuting attorney nonpartisan.


Have you ever wondered why certain elected positions are partisan? What does it matter if the prosecuting attorney is a Republican or a Democrat? How can a prosecutor be a Democrat prosecutor or a Republican prosecutor? Representative Andrea Lea (R-Russellville) has introduced a bill that might make more sense than any other bill I've seen so far this session. HB1380 stipulates that the position of Prosecuting Attorney is nonpartisan.

A prosecuting attorney does not create policy but simply enforces the provisions of the law. It seems irresponsible to me to have a position, with the authority and responsibility of the prosecuting attorney, to be partisan. Our prosecuting attorneys should worry about enforcing the law and not worrying about if they're being republican or democrat enough to win their next primary election. They should focus on doing what is in the best interest of the community as a whole, not just a particular ideological sect.

To be fair, I think our prosecuting attorneys are doing a stand-up job and are usually unbiased. But why do we need to add the additional pressure and potential for conflict of interest when it isn't necessary. This was the same rationale used when the legislature made the judicial positions nonpartisan. The only argument against this bill is for those who are resistant to any kind of change. I can't think of one good reason for the position to be partisan. If we don't want our judges to be partisan why would we want other court officers to be? I hope that the legislature doesn’t turn this into a partisan issue. It would be sad to see petty bickering over making one of the more important jobs in our society nonpartisan.



Bill by Representative Woods

I don’t know if this bill has been filed yet. I’ll provide the bill number when I get it. Representative Jon Woods (R-Springdale) is filing a bill which would make overtime pay and bonuses (up to a limit) exempt from state income tax. This just makes sense to me. In a recession we should be encouraging people to work. The more people work, the more money they make, and the more money they spend. People who are working overtime are people who usually need the money. Let’s help these tax payers out and reward their hard work, not tax it. Jon Woods describes the bill below while also listing some upcoming priorities for the legislature.

Video: TV Ad from Tobacco Tax Increase Opponents; Bill Narrowly Passes Committee

As I mentioned a couple day ago, FreedomWorks is running tv ads here is Arkansas opposing proposed increase in the tax on tobacco. Above is their ad "Enough is enough" which encourages the viewer to call their Senator to oppose the tax.

In related news, the tax increase, HB1204, narrowly passed the Senate Revenue and Taxation Committee this morning. As expected, Senators John Paul Capps, Steven Faris, Bobby Glover, and Paul Miller all voted for the bill. The swing vote was Senator Larry Teague although most people believed he would end up voting for the bill as he did this morning.

The Arkansas Times reports that the main excitement from the committee was an amendment that Sen. Terry Smith tried to introduce but was blocked by the committee. If successful, the amendment would have meant the bill would have had to go through the house again and battle for the 75 vote mark once more. Also, of note, were the no votes cast by Sen. Terry Smith and Sen. Sharon Trusty (Sen. Denny Altes would have voted no but was absent.) This is important to help get a tally for votes on the Senate floor where 27 out of 35 Senate votes are needed.

Video: Bill to Ban Partial Birth Abortions Passes the House Committee

Rep. Dawn Creekmore, sponsor of HB 1113, the Partial Birth Abortion Bill, speaks for the bill and explains why it is needed in Arkansas.

After much discussion the bill pass the House Committee on Publican Health, Welfare, and Labor by a voice vote. It appears from the video that at least two committee members vote against the bill.

Rep. Creekmore speaks to the press following the committee meeting explaining why she sponsored the bill.

Draft of Proposed Arkansas Lottery Legislation (UPDATE - Summary of the Summary)

Hot off the presses - Here is the draft of the Arkansas Lottery Legislation. (Thanks to Rep. Harrelson for hosting the pdf.)

UPDATE - I read through it and here is my summary of the summary.

This executive proposal provides a pretty good outline of what appears to be a well thought out proposal. The proposal would create a nine-member commission made up of three members appointed by the governor, three members appointed by the Speaker of the House, and three members appointed by the President Pro Tempore of the Senate. It would be nice to require some bipartisan input on the commission but I was glad to see that it will require at least one attorney, one CPA (YEAH!), and one marketing expert. Who knows, maybe the governor has me in mind for this post. The commission would have a board range of powers to set up the lottery, provided it does not set-up certain prohibited games such as casino gaming and video lotteries.

The proposal also creates an Arkansas Lottery Commission Legislative Oversight Commission made up of five state representatives appointed by the Speaker of the House and five state senators appointed by the President Pro Tempore of the Senate. Once again, there is no requirement for bipartisan representation on this oversight commission.

The scholarships created by the lottery fall into five different programs. First, the base level Opportunity Scholarship will go to any Arkansas student with a 2.5 GPA or a 19 of the ACT and will be at least $1,500 per year for four year schools or $750 per year two year schools. A second level Smart Core Incentive will award an additional $500 for students who complete a Smart Core curriculum. A Transfer Scholarship of $2,500 annually will be awarded to students completing an associate’s degree and admitted to a four-year degree program. There is also an additional program for students training for high demand jobs and a program for high school students taking college courses.

But don't take my word for it. Go read the whole thing yourself.

Tobacco Tax Increase Opponents Take to the Airwaves

I just received the following press release from FreedomWorks, the organization assisting in the opposition to the tobacco tax increase. It looks like we will soon be seeing them on television…

FreedomWorks Launches Television Ad to Oppose Tax Hikes in HB1204
Cable buy will support grassroots opposition to the tax hikes in a recession

February 8, 2009

Little Rock, AR – Following on FreedomWorks Chairman Dick Armey’s visit to Little Rock last week, FreedomWorks launched a targeted television blitz in advance of the Senate vote for HB 1204. The ads will run in targeted markets form February 9 to 13.

FreedomWorks will call on taxpayers to contact their State Senators to voice opposition to the bill.

Titled “Enough is Enough,” the ad states:

“Big Government wants to raise taxes, even though the state has a 300 million surplus and Congress just passed $35 billion in new tobacco taxes!

Enough is enough …….send a message to big government by calling Senator ______ today and tell them no to new taxes and no to HB 1204.”

FreedomWorks President Matt Kibbe commented,

“FreedomWorks activists in Arkansas want legislators to live on a budget. Raising taxes in a recession is a bad idea. Raising taxes in a recession when the state has a $300 million surplus is just ridiculous. I know it is always easy to pick on smokers, but cigarette taxes fail to deliver the promised revue as people quit, cross state lines, or buy cigarettes over the internet. When the expected revenues do not flow
into state coffers, officials will turn to additional taxes to make up the difference.”

“Instead of new taxes, states like Arkansas should focus on cutting spending and eliminating waste, making government more efficient, and removing burdensome regulations that stand in the way of long-term growth. The last thing they should do is raise taxes on the poor and middle class.”

FreedomWorks is a grassroots organization with over 500,000 members nationwide dedicated to lower taxes, less government, and more freedom.

Boozman Co-sponsors Right To Life Legislation

U.S. Representative John Boozman (R-AR) today announced he will co-sponsor legislation that protects the lives of unborn children.

H.R. 708, introduced by Rep. Christopher Smith (R-NJ) ensures that U.S. tax dollars will not go to foreign agencies which perform abortions. It is a reinstatement of the “Mexico City Policy” recently rescinded by the Obama Administration. The bill prohibits foreign organizations from performing abortions while they are recipients of U.S. funds.

H.R. 227, the Sanctity of Human Life Act, introduced by Rep. Paul Broun (R-GA) affirms that human life begins at fertilization. It provides unborn citizens with legal and constitutional privileges enjoyed by all Americans.

How the Tennessee GOP Handles Their Traitors

Tennessee Democrats’ new best friend House Speaker Kent Williams was given the boot from the Tennessee Republican Party today after his self serving move to back door his party and cut a deal with the Democrats to earn himself the Speaker’s Chair. Rep. Williams even followed the example of some of our Arkansas Republicans and got cozy with Arkansas Democrat Speaker Robbie Wills.

Here is the letter from Robin Smith, the Chairman of the Tennessee Republican Party…

Members of the State Executive Committee:

As you know, I have announced that I will be making the results of my deliberations on the Williams matter public today.

It is my first duty as Chairman to keep you informed of the activities of the TRP and wanted you to know the result I will announce before it is made public.

I have reviewed documentation presented by members of the Legislature, members of this Committee and Mr. Williams’ comments, both public and private, in the course of coming to this decision. It has been my intention to move deliberately to gain an idea of the course Mr. Williams intends to take. With you, I have watched his actions.

We have watched during the last 28 days to see if Kent Williams would assign the 13 Committee Chairmanships to the Republican Majority. He did not.

We watched to see how Rep. Williams would assign office space and staff to the Republican Majority. He has crammed 49 of his colleagues in 46 offices.

We have watched Rep. Williams maintain the same wage practices with Democrat staff earning more than the Republican staff, even as democrat staffers are assigned to fewer representatives.

We have learned that Mr. Williams has met with Governor Bredesen as the “Republican Representative” on the critical issue of the budget. Mr. Williams has withheld all of this information from the Republican Caucus encumbering their policy statements and decisions.

We have been repeatedly informed that Rep. Williams refuses to caucus with the Republicans.

We requested that members of the Caucus provide the TRP with specific examples of assistance that Rep. Williams has given to our candidates, caucus or party. None could.

So it is with regret that I inform you of my decision to remove Kent Williams’ status as a bona fide Republican. In the end, I must do what I believe to be right in this matter and not just what might be the politically or strategically expedient response. The principles we value must be placed above mere political calculation.

With this decision, we send a message that Tennessee Republicans expect better. Our party is not the tool to achieve personal power. The grassroots members who work so hard will not have their dedication sold to the highest bidder. Ours will be the Party of principle standing on integrity and honor.

It is now time to move forward. My staff and I are already out recruiting candidates, raising money and preparing for 2010. Next year we will elect a Republican governor and strengthen our majority in the legislature. I am honored to have you along on our journey.

Sincerely,
Robin T. Smith
Chairman
Tennessee Republican Party

Lessons in Statesmanship from our General Assembly (UPDATE - Response from Rep. Creekmore and Rep. Adcock)

By Brett Hooton

The most blogged about story on this blog over the past few days has been the Cigarette Tax which passed the House last week. Since we devoted so much of our time and Jason’s blog space on this issue, I thought it was important that we take a quick look back on how this tax was able to pass in the House.

One of the resources that I used, and I’m sure Jason as well, was Speaker Robbie Wills’ blog. I was disappointed to see him so frequently call other members out in the name of partisanship. Apparently anyone who disagrees with you on an issue must be doing so because they’re partisan? To the Speaker’s credit, since before the session started he frequently stated the importance of statesmanship. However I’ve heard of several examples that represent anything but statesmanship. I decided to poke around and find out if there was more to the story of how the Speaker and the Governor were able to achieve this major legislative accomplishment (accomplishment for government, not for taxpayers). I quickly realized there is more to this story than what you may read on Speaker Wills’ blog. Below is a collection of the accounts I received from legislators, some of them somewhat bitter about the way the votes were attained (and these concerns came from both sides of the isle). Please note that any of the legislators mentioned did not comment directly to me in regards to this subject. I imagine they didn’t want to jeopardize any of the bills they’ve introduced.

Four Steps to Raising a Tax

Step 1) Abuse your power

Several first-hand observers who were in the Capitol Tuesday afternoon had the unfortunate opportunity to observe Representative Dawn Creekmore notably distressed. Rep. Creekmore, who has championed several bills regarding women's rights, was herself a victim of abuse as a result of her position on the tobacco tax. According to several legislators, Rep. Creekmore was told under no uncertain terms, a "no" vote against the Speaker and his agenda would result in her "not passing another bill all session".

Current bills sponsored by Rep. Creekmore (in other words, the ones that would have been refused passage by the Speaker) include a bill banning partial-birth abortion and another stiffening the laws regarding sexual assaults and rape.

Is this Statesmanship?


Step 2) Forget those closest to you

Rep. Pam Adcock recently achieved a great legislative accomplishment. She was the lead House sponsor on the Animal Cruelty legislation that was just signed by the Governor last week. Her compelling (and tearful) testimony swayed many of the votes the bill needed to pass.


That was last week. This week, Rep. Adcock could be seen in tears because of the way she was being treated by the members of her own party. She stuck by her convictions and voted "no", but the toll it took on her relationships with other members of the Chamber is not hard to see.

Is this Statesmanship?


Step 3) Teach a man to lie (and pay him well to do it)

Rep. Garry Smith was as solid of a "no" as you could find, at least on Tuesday. By Thursday, his convictions had changed. He voted "yes", despite a promise to his constituents during the campaign to vote against any tax increases. So, what happened? Rep. Smith had a lot of time to think about his position the night before the big vote. He took a road trip with other legislators (who were supporting the tax increase) to go Fayetteville and watch the Arkansas Razorbacks take on Tennessee. By his own admission, Rep. Smith changed his mind "as they pulled into Fayetteville".

The only questions that remain are a) how much pressure does it take to get a man to go back on his word, and b) where did this group of esteemed legislators sit while at the game? Could it have been one of the lavish boxes often furnished to legislators by the lobbyist (an ethical violation)?

I hope for Rep. Smith it takes more than a trip with his "buddies" and a free ticket to a Razorback game to make him forget about the people who elected him, on the promise of no new taxes.

Is this Statesmanship?

Step 4) Learn to spell "plausible deniability"

Finally, if face to face threatening just won't do, there's always the cell phone. Several legislators have a collection of voicemails from a variety of people, including folks at home. These voicemails relay threats others received then passed on to their legislator. Voicemails relaying threats from staffers for the Governor and the Speaker have been replayed across the Chamber since the vote was taken.

Is this Statesmanship?

.....

Tolbert Report Note – I asked Rep. Creekmore, whom I have grown to respect, if she had a comment to add and she sent me the following…

"Speaker Robbie Wills NEVER told me that a "no" vote would result in not passing another Bill. Speaker Wills has always been very supportive of me and my legislation and has ALWAYS acted in a professional manner, and is a friend of mine.

"What was distressing to me was that I had a special order of business on Wednesday in the Senate Judiciary committee to run my domestic violence Bills, after presenting the first Bill, getting no questions and no-one speaking against the bill, Senator Luker voted against it. Everyone else on the committee voted for it, but it failed because of very few members present in committee. After this, I decided not to introduce the remainder of the Bills until I had a chance to speak to Sen. Luker.

"This caught me very caught off guard and it only took one no vote to fail the first Bill, and basically the rest of the package. I do plan on running these Bills again; I will just have to work hard to ensure that other committee members are present."

.....

UPDATE – I also received the following comments from another one of my favorite Democrats, Rep. Pam Adcock…

"I must correct your statement – “could be seen in tears because of the way she was being treated by the members of her own party.” That information is false. I was under a lot of pressure and stress but never to the point of tears. I was unhappy, disappointed with some, but never to the point of tears.

"I voted no because the overwhelming majority of people that contacted me said VOTE NO! The general consensus of those people stated it’s an unfair tax placed on the back of a group to support something for everyone. Many mentioned the tough economic times. I agree with those statements. “She stuck by her convictions and voted "no",” isn’t exactly right. I voted NO for them… I was elect to represent the people, not myself."

Video: KATV’s Segment on Arkansas’ New Media Featuring the Tolbert Report

Tobacco Tax Increase Bill Referred to the Senate Revenue and Taxation Committee

Having cleared the House without a single vote to spare, the cigarette tax increase (HB1204) now heads to the Senate Revenue and Taxation Committee where it was referred Friday afternoon. Shortly after the vote on Thursday, I found Gov. Beebe’s spokesman Matt DeCample sitting visibly exhausted on a bench in the capital rotunda. I congratulated him on his victory and asked him what he taught his chances where in the Senate. “I really don’t know,” he said. “But I am starting on that tonight!”

Although the bill passed the House with only the required 75 votes, the bill received little scrutiny in the House Rules Committee where members appointed by the Speaker Robbie Wills all supported the bill. So it will be interesting to see how the Senate Committee handles the bill where the support is not universal. With five votes needed for passage, four committee members - Senators John Paul Capps, Steve Faris, Bobby Glover, and Paul Miller – have gone on the record with Roby Brock as supporting the bill. Two committee members – Republicans Sen. Denny Altes and Democrat Sen. Terry Smith – are likely to oppose the bill. The other Republican on the committee – Sen. Sharon Trusty – usually opposes tax increases but has said she is still uncommitted on this one. Even if the bill passes committee, her vote will be important to watch to gauge her support when the bill reaches the Senate floor where it needs 27 out of 35 votes. That leaves the final committee member Democrat Senator Larry Teague who recently commented on the tobacco tax on KATV’s show the Daily Debrief. Teague said that he believes the cigarette tax would be a regressive tax and place an undue burden on the poor but at the same time his home district would benefit from the funding for community based health centers. Teague perhaps summed up the way most legislators feel about the bill when he said. “I don’t like the cigarette tax but I will probably vote for it.”

Partial Birth Abortion Ban May Be Voted on in Committee Next Week

According to an email I received for the Arkansas Right to Life (ARTL), the bill to ban partial-birth abortion, HB1113, will most likely go before the House Committee of Public Health, Welfare, and Labor Tuesday or Thursday of this coming week. Right now, ARTL has obtained the support of ten out the twenty committee members. It is important to contact the ten undecided committee members before the bill runs to ask for their support. If you live in the districts of these committee members, please call them and ask them to SUPPORT HB1133 when it comes up in committee.

Committee Members Uncommitted Include:

Rep. Gregg Reep, Chair (D-Warren) - 870-820-2403
Rep. Gene Shelby, Vice-chair (D-Hot Springs) - 501-623-2606
Rep. Curren Everett (D-Salem) - 870-895-2164
Rep. Willie Hardy (D-Camden) - 870-833-1359
Rep. Stephanie Flowers (D-Pine Bluff) - 870-535-1032
Rep. Mike Burris (D-Malvern) - 501-337-4391
Rep. Fred Allen (D – Little Rock) - 501-225-4979
Rep. Billy Gaskill (D-Paragould) - 870-239-4383
Rep. Clark Hall (D-Marvell) - 870-829-3382
Rep. Tracy Pennartz (D-Fort Smith) - 479-285-4800

My thanks to the committee members who have indicted their support for the bill which includes Representatives Roy Ragland, George Overbey, Eddie Cooper, Pam Adcock, Nathan George, John Paul Wells, Eddie Hawkins, Johnny Hoyt, Lance Reynolds, Jon Woods.

There is one interesting twist on this story; the bill was originally on the agenda for Thursday morning but according to ARTL director Rose Mimms, they decided not to run it because, “too many of the members who support it were not in committee for one reason or another.” Without these members present, they did not have the votes to pass the bill. The bill’s primary sponsor is Rep. Dawn Creekmore (picture above) who was rumored to break with her Democrat colleagues and a vote against the tax increase on tobacco, HB1204. However, when the tobacco bill came up for a vote on Thursday afternoon, Creekmore cast one of the deciding swing votes to reach the 75 votes needed for passage. Although I wish Creekmore had voted against the tax increase, I hope that she will be rewarded for her vote by a smooth passage of the partial birth abortion ban. Her Democrat colleagues should realize she came through for them on a difficult vote for her, now it is their turn.

Video: Tobacco Tax Passes the House 75 to 24 (UPDATE - Pyle also voted to raise taxes)

It was high drama in the house chamber today. The representatives were tense awaiting the outcome the vote. The first major surprise was the absence of Rep. J.R. Rogers from Walnut Ridge. Rogers was considered to be a yes vote so his absence put the passage is serious doubt.

The debate began with Rep. Greg Reep introducing the bill saying that the health care programs in the bill were necessary for our state. Fellow Democrat Rep. Stephanie Flowers sharply questioned Reep asking him if these programs are so necessary why are they not spelled out in the bill? Reep instead that the bill had to first run the revenue through general revenue and then it could be appropriated properly, but Flowers was not persuaded. (Video coming soon.)

Rep. Frank Glidewell was first to speak against the bill saying that he was “speaking up for the little man.” He also pointed out the strong arm tactics used to try to persuade members to vote for the bill saying that “it looks like we need towels in the chamber from all the water boarding going on in here.” (Video from after the vote.)




House Speaker Robbie Wills then turned the chair over to the Pro Tempore Rep. Curren Everett so that he could speak for the bill. He said, “nothing is more important to me than statesmanship, dignity, and decorum" but that today the house had a choice to make. He went on to say that the bill is “not about numbers or programs but about people.”

Minority Leader Bryan King was the last to speak against the bill. Rep. King was brief but clear stating that the trauma system is a worth program but that this is not the time to raise taxes. King told the chamber that he feels this bill will worsen our state’s economic situation. (Video coming soon.)

With no one left to speak the votes were called for and everyone held their breath looking at the tally board. Applause erupted from the packed gallery when the tally went up 75 yeas and 24 nays. The measure passed.

Of the nine Republicans that I had listed as maybes, five (actually six -see UPDATE below) ended up voting for the tax increase, Rep. Rick Green, Rep. Roy Ragland (video interviewing coming soon), Rep. Tim Summers, Rep. Robert Dale, and Rep. Bill Sample (and Rep. Beveraly Pyle.) I was able to speak with Ragland who told me that he felt he needed to vote for the bill because his district was very large and spread out geographically and he believes the trauma system is needed to get his constituents the emergency care that they need. He also said he plans on that being the last tax increase he ever votes for.





The other interesting aspect was the Democrats who voted against the bill. Going into today, it was believed that at least three would vote no but it ended up being only Rep. Pam Adcock and Rep. Stephanie Flowers both of whom felt this tax was regressive and would place an unfair tax burden on the poor. The deciding swing vote came down to Rep. Gary Smith. I caught up with Smith outside the chamber. He said he finally made up his mind to vote for the bill last night. He told me that he is an economics professor at SAU and after looking at the pros and cons he believed that the health care provided from the bill would benefit the economy more than the tax would hurt it.




Now the bill heads to the Senate where we get to do this all over again!

...

UPDATE - I noticed this morning that I mistakenly said only five Republicans voted to raise your taxes when it was actually six. Republican Rep. Beverly Pyle from Cedarville also voted for the bill and somehow I missed it. I did not even know she was considering it. Anyway, I apologize Rep. Pyle for not pointing out that you voted to raise taxes.

Arkansas Legislators want to Devalue Your Vote!

by Brett Hooton

There is a bill which is now before the House which would dilute the power of your vote as an Arkansan. That is right. The Arkansas House of Representatives is actually considering a vote which would make your vote for President count less than it did in all of the past Presidential elections since Arkansas has been a state. Not only that, but our legislators are voting to undermine one of the founding principles on which our country was founded.

HB 1339 would require that Arkansas ’ Electors to vote for the Presidential Candidate who won the national popular vote instead for who Arkansans’ actually voted for. Get ready for Arkansas to matter even less to Presidential candidates. This act wouldn’t take effect unless a majority of the states (majority by electoral votes) approved this same language. At that point, why would a candidate care to come to Arkansas when he or she could spend all of their time in California , New York , and Florida where they are able to meet more voters in the same amount of time?

This is not a new issue. In fact it was debated by in the 1700’s when our Constitution was being created. There was a concern that the policies of this country would be dominated by the more populous states with little to no say being had by the smaller states. I’m not saying that all of the small states should have all of the power. It is a valid point that larger states should have more votes than smaller states and they do. But should we allow the South and the Midwest to be dominated by the coastal states of the West and East? While we may not have as many people, we provide products and services which are vital to this county (such as food!).

At the Constitutional Convention our Founding Fathers debated this issue. At the time the largest state in the Union was Virginia , and Virginia proposed that we everything should be based on population. However the smaller states, who wanted equal power, demanded that each state as a whole have equal influence. They compromised and created what was called the Connecticut Compromise. This compromise created the system we have today which dictates that the large states are not able to simply dominate the smaller states, however they still have a larger say due to their larger population. This is the reason we have the US Senate instead of just the US House of Representatives. If we’re going to get rid of the current system in the Electoral College then logic would suggest that we get rid of the US Senate too. After all it isn’t fair to New York and California that Arkansas has just as many votes as they do right?

What does this mean for Arkansans? Well it means your vote will not count as much if this law passes. In presidential elections Arkansans have a 1.12% say in who is elected President since we have 6 electoral votes out of a total of 538. However some of our Arkansas Legislators only want us to have a 0.82% say in who is elected President since our popular vote in the last election was that percentage of the total popular vote. This is a 27% reduction in voting power. Arkansas legislators should do what is in the best interest of Arkansans, and obviously that is to protect the value of our vote. The House will be voting on this today, so please contact your legislator, or all of them, and ask them to vote against HB 1339.

Big Day in the Arkansas House Today

Today is a big day in the Arkansas House of Representatives with votes of several controversial issues including not only the tobacco tax increase, but also a vote to do away with the Electoral College system in Arkansas, and to give easier ballot access to third parties. Blogging Representative Steve Harrelson gives us a preview…

After the House convenes at 1:30 today and passes out a resolution by Rep. Greenberg stating that the House should adjourn for business for each presidential inauguration, we'll take up debate on the funding mechanism for the statewide trauma system and other Arkansas healthcare initiatives. If everything stands as it is right now, we'll have the votes. A supermajority of 75 of the 100 members is required for passage.

The debate will be straightforward -- Rep. Gregg Reep will present the bill and will answer questions, and Speaker Robbie Wills will speak in favor of the bill. There could be only one person that speaks in opposition to the bill. Regardless, nothing said on the floor is likely to change anyone's mind -- folks know where they are on this one. If the bill passes, a procedural move will be raised immediately after the vote to "sound the ballot," meaning that each of the members voting for the bill must remain in their seat and affirm their vote when his or her name is individually called. If a member voting "yes" fails to do this, his or her name will be struck from the "yes" column in the roll call, and their vote will not count.

Other items of note on today's agenda:

HB1237: This bill to remove churches from the list of prohibited places where concealed handgun licensees may carry is likely to be referred back to Judiciary for an amendment;

HB1339: The National Popular Vote bill;

HB1246/HB1247: Ballot access bills regarding new parties.

If my sources are right, the vote on the cigarette tax will be very close. It looks like it will come down to Republican Representative from Gravette Mary Slinkard (email slinkardm@arkleg.state.ar.us – phone 479-616-2010) and Democrat Representative from Hensley Dawn Creekmore (email creekmored@arkleg.state.ar.us – phone 501-888-3411.) I am told these two votes could still go either way.

Nine Republicans Who Will Decide if Arkansas Taxes Will Increase (UPDATED - more video)

All signs point to the fact that HB1204, the bill to more than double the state tax on tobacco, will go before the house on Thursday afternoon. The vote will come down to a handful of Republican Representatives who could vote either way. Here is a run down of the current yes or undecided Republicans. You may want email to call them from the information below.

Rep. Rick Green (Van Buren)

As a co-sponsor of the bill there is little doubt that he will vote to raise your taxes

(Final Result - Voted For the bill)
Phone - 479-471-9911
greenr@arkleg.state.ar.us

Rep. Tim Summers (Bentonville)

According to Speaker Wills blog, Announced support for the bill

(Final Result - Voted For the bill)

Phone - 479-464-1060
summerst@arkleg.state.ar.us

Rep. Robert Dale (Dover)

According to Speaker Wills blog, Announced support for the bill

(Final Result - Voted For the bill)
Phone - 479-498-2467
redale70@yahoo.com

Rep. Roy Ragland (Marshall)

According to Speaker Wills blog, Announced support for the bill (confirmed his yes vote to me on Wednesday.)

(Final Result - Voted For the bill)
Phone - 870-448-6640
raglandr@arkleg.state.ar.us

Rep. Bill Sample (Hot Springs)

According to Speaker Wills blog, Announced support for the bill

(Final Result - Voted For the bill)
Phone - 501-321-0040
sampleb@arkleg.state.ar.us

Rep. Les “Skip” Carnine (Rogers)
Told me on Tuesday that he is still undecided but reports from fellow legislators say he is leaning no

(Final Result - Voted Against the bill)

Phone - 479-636-2619

carninel@arkleg.state.ar.us

.

Rep. Mary Slinkard (Gravette)

Undecided (reportly is under considerable pressure as she could be the deciding vote)
(Final Result - Voted Against the bill)

Phone - 479-616-2010
slinkardm@arkleg.state.ar.us

Rep. Jonathan Barnett (Siloam Springs)

Leaning no

(Final Result - Voted Against the bill)
Phone - 479-524-6254
jonb@msbarnett.com

Rep. Jon Woods (Springdale)

Has said he will vote no but Speaker Wills has him as a maybe

(Final Result - Voted Against the bill)
Phone - 479-200-3100

woodsj@arkleg.state.ar.us

(Somehow missed by the Tolbert Report, Republican Rep. Beverly Pyle also voted for the bill.)

...

UPDATE - This is still developing, but several lawmakers are researching what impact the Freedom of Choice Act may have on the federal matching dollars tied to the bill. Specifically, could the FCA force the funds from the tobacco tax increase to pay for abortions?

...

UPDATE II – Arkansas News columnist David Sanders devotes his column today to examining in the detail why these Republicans are waffling on this issue. I suggest you read the whole column but let me touch on one name that I know a little bit about.

Sanders writes, “(Rep. Roy) Ragland is planning to run for lieutenant governor in 2010. Three other Republicans have expressed interest in the state’s No. 2 spot. If Ragland votes for the tax, he would encounter a hostile Republican electorate.”

Ragland is one of the other two names, beside Mark Darr, that I mentioned in a post a couple weeks ago rumored to be considering a run for Lieutenant Governor. I spoke to him about this before posting and he told me that this was only talk at this point. He said he would not be seriously looking at this until after the legislative session as he did not want to paint a target on his back (which is why I did not mention his name until after it has already been made public.) He told me that he had developed a good relationship with Speaker Wills who had made him Chairman of the Agriculture Committee (one of the very few Republican chairman.) Perhaps it is this friendship with Wills that help persuade him to vote for the tax hike.

...

UPDATE III - Video from the Rules Committee's unanimous vote on the HB1204.



Arkansas House Rules Committee unanimously passes the bill to increase the tax on tobacco in Arkansas - HB1204.



Speaker Robbie Wills talks to the press following the unanimous vote from the Rules Committee on the Arkansas tobacco tax increase. He says he is "feeling really good" and is "confident" they will be able to get 75 votes.
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UPDATE IV - The abortion question...



Rep. Gregg Reep responds to a question during the Arkansas House Rules Committee meeting as to whether the bill to increase taxes on tobacco would fund abortions or health care for illegal immigrants. Reep says, "Absolutely no!"

In addition, Gov. Beebe’s spokesman Matt DeCample responded directly to me on this subject as well saying, “Per the Constitution of the State of Arkansas, state funds cannot be used to fund abortions. Period, end of sentence. No further discussion to be had.”

I hope they are correct, but the question that I have been told is still not resolved is if President Obama signs the Freedom of Choice Act as he has promised, would this will trump our state constitutional amendment and require the federal matching funds to be used for abortions? I have been told there are several legislators worried about this and it could affect their vote.

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Update VI - More video...

Robert Green, owner of a wholesale business that distributes tobacco, speaks against the bill in the House Rules Committee saying it could put him out of business.

Video: Dick Armey Speaks Against the Cigarette Tax Increase

Former U.S. House Majority Leader Dick Armey speaks against the proposed cigarette tax increase at a rally in the Arkansas State Capital.




Dick Armey speaks for members of the press about why the cigarette tax increase is bad policy for Arkansas.

Republican Minority Leader Bryan King discusses whether he has the votes to prevent passage of the increase of the Arkansas Cigarette Tax.

Rep. Davy Carter discusses why he opposes the proposed increase to Arkansas cigarette tax.

Legislators Standing Up for Taxpayers

by Brett Hooton

Representatives Davy Carter (R-Cabot), John Burris (R-Harrison), and Jonathan Dismang (R-Beebe) authored a bill, HB 1281, which would require drug testing for those who receive government funds from the Department of Human Services (DHS). Liberals are going to flip out over this bill. How dare we invade someone's privacy and drug test them just because the tax payers could be funding their habit!

Several arguments will be made against this bill to stir up emotional, though ill-informed opposition.


1. "You shouldn't drug test minors and the elderly." I would agree with this, and from the conversations I've had with one of the authors, it looks like they don't plan to. As this piece of legislation develops, specific language will be included to take care of this.



2. "It is an invasion of their privacy." When the tax payers start supplementing a person's income, there should be some burden on those receiving the help to ensure us that they're not spending the money on illegal activities. Schools are able to drug test students who take part in extracurricular activities, so the government should be able to drug test those who accept funds from DHS.

With businesses cutting back on their operating budgets, families cutting back on spending, and with the economy in a recession, it should be a priority of our elected officials to ensure that our tax dollars are being spent effectively. Everyone seems to be cutting back on spending except for the State (they're even proposing increasing taxes). Every dollar we spend so that people can maintain their destructive and illegal habit is a dollar we can't give to those who truly need it. The intent is not to take away funding from those who need it, but to instead focus those funds to the truly needy.

This bill will stir up a lot of debate. I'm sure as this bill develops and more language is included, either Jason or I will touch on it some more. I hope that our legislators will work to do what is best for both the taxpayers and those who receive funds from DHS.

(Lack of) Bipartisan Support Rally for the Cigarette Tax (UPDATE- Wills names 8 possible Republican votes)

As mentioned Friday, the Democrat Party of Arkansas sent out a press release to let the media know that they planned a bipartisan rally against “Big Tobacco” for this Monday morning at the state capital. They must have not gotten much of a head count before the release went out because according to the Ark Times blog, there was not a single current Republican officeholder at the rally. They were able to drag out former state Rep. Mary Beth Green (wife of current co-sponsor Rep. Rick Green) and the executive director of the state Republican Party in the 90’s turned lobbyist for the "Big Medical" industry Richard Bearden (pictured left). This is not quite the overwhelming support we were promised. It makes me wonder why House Speaker Robbie Wills is feeling so confident about getting the 75 votes needed for passage when the bill is expected to go before the house this Thursday. Maybe he knows something we do not. We will be watching!

UPDATE – The sole Republican co-sponsor Rep. Rick Green earns the praise of Speaker Wills today who compares him to late state legislator Ray Smith. Rep. Smith is remembered for having the courage to cast a sole dissenting vote in 1957 against the Democrats who were fighting integration. Sorry, but I don’t consider caving in to a tax increase during a recession while the state is running a surplus to be in the same league as standing up for civil rights in the Deep South in the 1950’s.

(Editor's note - I also apologize if it seems like I am picking on Speaker Wills but his surprisingly candid blog offers a wonderful insight on how the “Big Government” backers are thinking. You may not be able to tell it from my posts but I actually like Speaker Wills and really enjoy his blog; I just strongly disagree with him on this issue.)

UPDATE II – According to David Sanders on KARN this afternoon, there are eight Republicans that House Speaker Robbie Wills feels he may be able to persuade to vote for the cigarette tax increase. These representatives are Rick Green (co-sponsor of the bill), Tim Summers, Bill Sample, Mary Slinkard, Les "Skip" Carnine, Roy Ragland, Robert Dale, and Jon Woods. Sanders reported that he spoke with Jon Woods and he will not support the tax increase.

In order to pass the cigarette tax increase on Thursday in the house, supporters will need every Democrat and Green Party vote plus three Republican votes.

Name Calling: Big Government v. Big Tobacco

There has been a lot of talk recently about the proposed tax increase on tobacco to fund a buffet of state health care programs. With an expected vote coming up in the state house on Thursday, preceded by press conferences from both side, expect this to pick up steam and expect the tone to get kicked up yet another notch. One thing I have noticed lately is a consistent theme arising from the pro-tax tax side of the debate and that is referring to the anti-tax side as “Big Tobacco.”

A press release went out on Friday from the Democrat Party of Arkansas with the headline “Democrats and Republicans United in the Face of Big Tobacco.” It went on the say “At a bipartisan announcement Monday, a call will be made to put Arkansas's health care needs above partisanship despite efforts by the national tobacco lobby to divide Arkansas's elected leaders.”

House Speaker Robbie Wills posted an article to his blog called “Big Tobacco Above the Fold” which decried the evil tobacco lobbyists who had the nerve to show up at our capital the campaign against a tax on their product. He went on to say, “Let’s have a real debate on the real people in Arkansas who will benefit from this healthcare plan without all the strawmen.”

I could go on but the basic theme here is a guilt-by-association attack. Since the evil “Big Tobacco” companies oppose the cigarette tax increase, then everyone who opposes the tax increase must be in the pockets of Big Tobacco or at least not have the best interests of Arkansans at heart. I can tell you this is simply not the case. This debate is a fundamental ideological debate. If your view is that the government is the most efficient way to deliver services such as health care and that the best way to fund these services is by forcefully taking money from someone else (taxes), then you probably support the cigarette tax increase. On the other hand, if you believe that the private sector provides the best solutions and that government should only provide what the private sector is unable to deliver, you probably oppose the tax increase.

As a conservative, I fall in to the later category. I do support funding our trauma system as I have been convinced that both it is needed and our state government is the best place to provide this service. However, Rep. Garner’s proposal will raise an estimated $26 million needed to fund this system. In addition, the funding source will be through fines on violent crimes and drunk driving. For me, increased penalty on these offenses is something I would support anyway. It also seems to me that the 88 state representatives and 34 state senators who voted to increase penalties for cruelty to animals would support these increase penalties for cruelty to humans as well.

On the other hand, the tobacco tax increase would expand our state government by around $200 million dollars. The programs it would create go far beyond the trauma system. In addition, it turns our state government into co-owners of the state’s cigarette industry. No wonder the backers of "Big Government" are pushing so hard for it. If this bill does pass and you receive care from this state sponsored health care system, then find someone with a cigarette in hand and join in with our state government in saying, “Thank you for smoking!”