STATE CAPITOL NEWS IN BRIEF: Public-records bill heads to governor | Alcohol-deliveries measure advances | School-patriotism measures get nod

Rep. Charlene Fite, R-Van Buren, talks with Rep. Danny Watson, R-Hope, before the start of Thursday’s House session at the state Capitol.
(Arkansas Democrat-Gazette/Thomas Metthe)
Rep. Charlene Fite, R-Van Buren, talks with Rep. Danny Watson, R-Hope, before the start of Thursday’s House session at the state Capitol. (Arkansas Democrat-Gazette/Thomas Metthe)

Public-records bill heads to governor

A bill that would allow law enforcement agencies to charge records-requesters up to $20 per hour for each hour of audiovisual material provided beyond the first three hours of personnel time required to fill the request is headed to Arkansas’ governor.

Senate Bill 346 by Sen. Jason Rapert, R-Conway, also lays out standards for how long criminal investigation documentation is to be retained, based on the type of investigation.

The House’s vote was 78-7, with two lawmakers voting present.

— Rachel Herzog

Alcohol-deliveries measure advances

The Arkansas Senate on Thursday voted 21-11 to send the governor a bill that would allow restaurants to deliver beer, wine and mixed drinks to customers along with their food.

Senate Bill 339, by Sen. Jane English, R-North Little Rock, aims to make permanent an allowance made by Gov. Asa Hutchinson for restaurants during the covid-19 pandemic.

After concurring with the House, the Senate’s 13-10 vote Monday fell five votes short of the 18 required for approval in the 35-member body. That vote was expunged.

The measure would apply to restaurants that have active liquor licenses in counties that allow alcohol sales, and home deliveries would be restricted to a six-pack, a bottle of wine or a 32-ounce mixed drink.

— Michael R. Wickline

[RELATED: See complete Democrat-Gazette coverage of the Arkansas Legislature at arkansasonline.com/legislature]

Steel mill tax credit approved in Senate

A bill that would extend an income tax credit for steel manufacturers that purchase certain waste reduction, reuse and recycling equipment zipped through the Arkansas Senate on Thursday.

The Senate voted 32-1 to send Senate Bill 543 by Sen. David Wallace, R-Leachville, to the House. Wallace said the bill is tied to an expansion at Big River Steel.

For qualifying projects, the bill would allow for recycling tax credits to be calculated at 30% of the expense of the eligible equipment, Wallace said. To qualify for the income tax credit, the project must have a total investment of more than $250 million and must create at least 150 new jobs, each with an annual wage of $75,000 a year.

— Michael R. Wickline

Retirement-system panel bill OK’d 33-0

The Arkansas Senate on Thursday approved a bill that would expand the Arkansas Public Employees Retirement System’s board of trustees from nine to 13 members by requiring the House speaker and Senate president pro tempore to each appoint two retired system members.

The Senate voted 33-0 to approve House Bill 1298 by Rep. Les Warren, R-Hot Springs, sending the measure to the governor. Under the bill, one of the two appointees for each legislative leader would have to be a retired law enforcement officer who is not a member of the Arkansas State Police Retirement System.

Under current state law, the governor appoints three state employees and three nonstate employees to the board, which also includes the state auditor, state treasurer and secretary of the Department of Finance and Administration. The governor appoints the secretary of the finance department.

— Michael R. Wickline

Senators OK wider scholarships scope

A bill that would expand eligibility for the Succeed Scholarship to students from military families won the approval of the Arkansas Senate on Thursday.

The Senate voted 33-0 to send House Bill 1466 by Rep. David Ray, R-Maumelle, to the governor.

The state voucher program is now open to students with special needs and foster children. The students from military families who become eligible for the program upon the bill’s passage would be served with remaining funds after students with disabilities and foster children are served.

— Michael R. Wickline

School-patriotism measures get nod

Two bills that aim to promote patriotism in Arkansas schools advanced from the House Education Committee on Thursday.

House Bill 1831, the “Star-Spangled Banner Act,” would require public kindergarten-through-12th-grade schools to broadcast the national anthem at the beginning of each school-sanctioned sporting event and at least once a week during school hours.

House Bill 1832 mandates that public kindergarten-through-12th-grade schools observe a moment of silence after the Pledge of Allegiance, during which students may pray, reflect, meditate or “engage in any other silent activity.” Rep. Mark Berry, R-Ozark, a military veteran, sponsored both bills.

“There’s a serious decline in levels of patriotism among our youth,” Berry told the committee.

A committee member, Rep. Megan Godfrey, D-Springdale, asked why HB1831 solely requires broadcasting of the anthem, and not any education about it. Berry said he would support legislation that required that education.

Both bills are backed by Arkansas Attorney General Leslie Rutledge, who is seeking the Republican nomination for governor in 2022.

Cory Cox, Rutledge’s chief of staff, said the moment of silence is already in state law, but HB1832 would move it to the section of code that deals with the Pledge of Allegiance.

— John Moritz

Committee rejects parole-denial plan

Legislation aimed at cracking down on repeat offenders armed with guns failed in the House Judiciary Committee on Thursday after some members raised questions about the estimated $250 million increase in prison costs.

Senate Bill 300, by Sen. Jonathan Dismang, R-Beebe, had sailed through the Senate, despite warnings from prison officials and Gov. Asa Hutchinson that the bill would strain prison resources and threaten the state budget.

The bill would eliminate parole eligibility for repeat offenders caught with weapons while committing new crimes. Once convicted of the new gun charge, those offenders could face up to 20 years in prison.

While addressing the committee, Dismang acknowledged recent efforts by policymakers to reduce prison overcrowding.

“We don’t need to be locking up folks that we’re mad at, we need to be locking up folks we’re scared of,” Dismang said. “These are in fact the people our citizens are scared of.” Lawmakers and corrections officials expressed concern that eliminating parole eligibility would make prisons less safe for both inmates and guards.

“We’re taking away an incentive to behave well if we’re taking away any chance at parole,” said Rep. Nicole Clowney, D-Fayetteville.

— John Moritz

Flag-burning ban snubbed 2nd time

For the second time this session, the House Judiciary Committee rejected legislation that would prohibit the burning or desecration of the American flag.

House Bill 1014, by Rep. Johnny Rye, R-Trumann, failed in committee last month. Rye amended his bill, reducing the proposed punishment to a $1,000 fine.

However, opponents pointed out that a bigger issue remained — a 32-year-old U.S. Supreme Court decision that laws against flag burning are unconstitutional.

“No one’s for flag burning or desecration,” said Jeff Rosenzweig, a defense attorney from Little Rock. “But the U.S. Supreme Court has held that it’s conduct protected by the First Amendment.”

— John Moritz

House backs limits on Rx pot in public

The House Judiciary Committee supported legislation Tuesday to criminalize the public inhalation of medical marijuana and setting a 5-ounce limit on the amount of the drug a patient can transport.

House Bill 1525, by Rep. Robin Lundstrum, R-Elm Springs, passed on an 83-0 vote Thursday. The bill will criminalize smoking medical marijuana in places where public inhalation is prohibited under the 2016 constitutional amendment legalizing medical marijuana. It also prohibits the transportation of more than 5 ounces of the drug, except by a licensed cultivator or dispensary.

A violation would be a Class C misdemeanor, punishable by up to 30 days in jail or a $500 fine.

— John Moritz

94-0 vote supports police-training bill

House lawmakers voted 94-0 for a bill Thursday to require all police officers in the state to complete annual training on the duty to intervene if they see another officer using excessive force.

Rep. Craig Christiansen, R-Bald Knob, co-sponsor of House Bill 1865, said Arkansas was positioned to be “the tip of the spear” in requiring such training, which advocates have called for in the aftermath of the death last year of George Floyd while he was in the custody of Minneapolis police.

Another co-sponsor, Rep. Monte Hodges, D-Blytheville, said Thursday, “In light of all that’s taken place in this country with police brutality, I think this is taking the right step.” The bill now heads to the Senate.

— John Moritz

Measure on alcohol sales wins approval

Legislation to allow county or city governments to call a referendum on Sunday sales of alcohol narrowly passed its second vote in the House 54-28 on Thursday.

House Bill 1748, by Rep. David Whitaker, D-Fayetteville, would allow county quorum courts or city councils to place a Sunday alcohol sales proposal on the ballot. The issue can be placed on the ballot now only by petition, Whitaker said.

The bill was defeated in a vote last month. Whitaker then amended to bill to require a two-thirds vote, instead of a simple majority, by city council or quorum court members to refer the issue to voters.

— John Moritz

Effort to cap costs of prison calls OK’d

The House voted 88-4 Thursday to cap the cost of telephone calls from Arkansas’ prison and jails.

Senate Bill 550, by Sen. Alan Clark, R-Lonsdale, would cap the costs of telephone calls at state-run prisons and community correction centers to the same maximum rate for interstate calls set by the Federal Communications Commission. Calls from jails would be capped at either the federal rate or 30 cents a minute, whichever is higher.

Rep. Andrew Collins, D-Little Rock, presenting the bill to the House, said the average 15-minute call from prison costs $4.80, a cost borne mostly by families.

SB550 now goes to the governor.

— Rachel Herzog

CORRECTION: Rep. Monte Hodges of Blytheville is a Democrat. An earlier version of this story included an incorrect party affiliation.

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