The House of Representatives on Tuesday handily approved and sent to the governor legislation that would give elected Arkansas officials responsibility for approving a key pollution-control plan.
The Senate on Tuesday sent Gov. Asa Hutchinson a bill that prohibits certain sex offenders from residing within 2,000 feet of a church or house of worship.
Tuesday was the 58th day of the regular session, and lawmakers are aiming to end the session by early April.
In an 82-8 vote, the House approved Senate Bill 183 by Sen. Eddie Joe Williams, R-Cabot, which would bar the state Department of Environmental Quality from submitting a plan to the federal Environmental Protection Agency to cut carbon-dioxide emissions from coal-fired electricity generation plants until either the Legislative Council or the governor approves it.
The legislation would prohibit the department from submitting a state plan to the EPA if the state plan results in "a significant rate increase annually for any rate class of the total delivered electricity cost per kilowatt per hour or of the total natural gas cost per thousand cubic feet," or "results in unreasonable reliability risks."
However, SB183 states that "submission of a state plan is the preferred method of compliance with the federal emission guidelines."
"Essentially what has happened is that Arkansas has been asked -- if the final rule comes out consistent with the proposed rule -- to reduce its emissions rate by 40 percent of CO2," state Rep. Bob Ballinger, R-Hindsville, told his colleagues.
"What this bill does is hopefully create guidelines by which the state plan won't be devastating on energy rates in Arkansas, which is one of the best things that we have going for us, which is relatively cheap energy."
ALCOHOL
In a 67-8 vote, the House sent the governor a bill to allow a property owners association governing a population of 5,000 or more to authorize the sale of alcoholic beverages for on-premises consumption.
SB215, by Sen. Bill Sample, R-Hot Springs, only affects associations located in counties that had authorized the manufacture and sale of liquor after Nov. 1, 2012.
Rep. Kelley Linck, R-Flippin, said it would only apply to four different property associations in Saline, Sharp, Benton and Columbia counties. The bill is aimed at helping the association in Hot Springs Village.
In a 67-14 vote, the House sent the governor SB373, by Sen. Jane English, R-North Little Rock.
The bill would require petitioners to gather names from 15 percent of the registered voters residing within the boundaries of a defunct voting district to hold a local option election on whether to permit the sale of alcoholic beverages for on-premises consumption.
Existing law requires petitioners to gather signatures from 38 percent of the registered voters. Jacksonville and its surrounding unincorporated area, along with parts of Sherwood, have remained dry while the rest of Pulaski County allows alcohol sales. Gray Township, which encompasses much of northeast Pulaski County, voted in the 1950s to ban alcohol sales.
CHILD-ABUSE records
The House voted 95-0 to approve HB1654 by Rep. Charlene Fite, R-Van Buren, which would amend the rules for confidentiality in records of child abuse and neglect to add any records kept by children's advocacy centers.
The legislation would eliminate language limiting the confidentiality of records to those collected during an investigation of suspected abuse or neglect, instead making all records collected by children's advocacy centers protected from release.
SEX OFFENDERS
In a 27-7 vote, the Senate sent the governor HB1164 by Fite, which prohibits a Level 4 sex offender -- an offender who is considered by state risk assessments to be a sexually violent predator -- from residing within 2,000 feet of a place of worship.
Under current Arkansas law, Level 3 and Level 4 sex offenders are prohibited from living within 2,000 feet of an elementary or secondary school, public park, youth center or day-care facility.
The bill would not prohibit the offender from attending services, but the law likely already prohibits that person's attendance at church events where minors are present in large numbers, according to Fite.
Sen. Linda Collins-Smith, R-Pocahontas, who is the Senate sponsor for HB1164, said it would ensure that the "worst of the worst sex offenders" can't live near a church and would require them to move if they already live nearby.
Senate Judiciary Committee Chairman Jeremy Hutchinson, R-Little Rock, who voted no, said the bill has good intentions but would require a sex offender who is living with a parent or another relative within 2,000 feet of a church with some degree of supervision, to move out and "roam the streets." He said opponents of the bill are concerned about public safety, too.
But Williams, who voted for the bill, said Level 4 sex offenders are bad people with a propensity to commit the same offense again.
A sex offender wouldn't violate the provisions of HB1164 if he resides on property he owns before the effective date of the bill.
TEACHER HEALTH INSURANCE
In a 34-0 vote, the Senate approved SB585 by Sen. Jim Hendren, R-Sulphur Springs. It requires the minimum contribution rate to school district employees' health insurance to increase each year by the same percentage that the Legislature increases the per-student foundation funding.
Hendren said the bill is designed to prevent school districts from placing most of their increased funds into teachers' salaries without providing enough funding for the teachers' health insurance plans.
The bill goes to the House.
Energy surcharges
In a 25-4 vote, the Senate sent the House SB727 by Rep. Terry Rice, R-Waldron.
It is in response to a state Court of Appeals ruling in October that the Public Service Commission erred in authorizing a power company to charge customers a surcharge to cover certain costs.
In July 2012, Entergy Arkansas Inc. began charging a monthly surcharge to recoup costs that it said were needed to maintain its safety and environmental standards. The surcharge was approved by the Arkansas Public Service Commission, but it was challenged by then-Attorney General Dustin McDaniel.
The appeals court agreed that companies like Entergy could charge surcharges under Act 310 of 1981 only if "they are being required to make substantial additional investments."
Rice said Act 310 has been very effective in helping utilities recover these type of expenses in a more efficient way for the benefit of the utilities and the customers.
He said his bill would change state law to be consistent with the Public Service Commission's original interpretation of the Act 310. The bill goes to the House.
Jail REIMBURSEMENTS
The Senate State Agencies and Governmental Affairs Committee endorsed SB329 by Sen. Jimmy Hickey, R-Texarkana, to require the state to reimburse counties monthly for holding state inmates.
Hickey said counties are currently not paid until after an inmate goes to prison.
The bill goes to the full Senate.
DWI DISCRETION
The Senate Judiciary Committee advanced a bill that would give prosecutors more discretion when pursuing a drunken driving charge. The bill is HB1282 by Rep. Marshall Wright, D-Forrest City.
His bill would give prosecutors the latitude to plead down charges. Wright said that it makes no sense to handcuff prosecutors to weak DWI cases that result in likely offenders walking off with no repercussions.
The bill, which cleared the House Monday, goes to the Senate.
Information for this article was contributed by Spencer Willems of the Arkansas Democrat-Gazette.
Metro on 03/11/2015