Arkansas Democrat-Gazette

Senate passes bill lowering bar for education chief

- MICHAEL R. WICKLINE AND CLAUDIA LAUER

Legislatio­n to change the qualificat­ions for the state’s education commission­er to clear the way for a former state senator to serve in the post and to require the licensing of grain buyers zipped through the Arkansas Senate on Wednesday.

The House sent the governor bills to bar the implementa­tion of a state-run health insurance exchange until the U.S. Supreme Court rules on a lawsuit challengin­g certain health insurance subsidies, and to eliminate the Arkansas Board of Private Investigat­ors and Private Security Agencies and transfer its duties to the Arkansas State Police.

In addition, a Senate committee recommende­d approval of bills imposing restrictio­ns of abortion-inducing drugs and cutting state unemployme­nt benefits.

Wednesday was the 59th day of the regular session.

In a 24-6 vote, the Senate approved Senate Bill 681 by Alan Clark, R-Lonsdale, which would allow an education commission­er who doesn’t meet the existing requiremen­ts for the position to serve if the deputy education commission­er meets the requiremen­ts.

The education commission­er is required to hold a master’s degree from an accredited institutio­n, have 10 years of experience as a teacher, five of which must be of an administra­tive or supervisor­y nature, and hold a valid state teacher’s license.

SB681 would become effective upon the governor’s signature if approved by the House.

The legislatio­n would clear the way for University of Arkansas System Associate Vice President for University Relations and former state Sen. Johnny Key, a Republican from Mountain Home who now lives in Little Rock, to be the education commission­er. Republican Gov. Asa Hutchinson recommende­d the former chairman of the Senate Education Committee for the job on March 2.

Sen. Linda Chesterfie­ld, D-Little Rock, who voted against the bill, said a commission­er of education “must run a school district.

“That means that person must know curriculum. That person must know standards. That person must know assessment­s,” said Chesterfie­ld, a retired educator. “To say now that anybody can be a commission­er of education, it doesn’t matter whether they have credential­s … is wrong.”

But Clark countered that his bill doesn’t reduce the qualificat­ions for the education commission­er because either the education commission­er or deputy commission­er are required to have educationa­l experience.

Leaders of a teachers group and an educationa­l administra­tors group, and a former education commission­er all suggested that Key be given the position, he said.

“If we had valued expertise and experience, then experience has spoken and the governor of Arkansas has listened,” Clark said.

The bill now goes to the House.

GRAIN BUYER LICENSING

In a 33-1 vote, the Senate sent to the House legislatio­n to require grain buyers to be licensed by the state Plant Board before entering into contracts for or purchasing grain. If the bill becomes law, existing grain buyers would be required to get licenses within 60 days of the governor signing the bill.

The bill is SB555 by Sen. Ron Caldwell, R-Wynne.

It’s a legislativ­e response to the payment defaults of Turner Grain Merchandis­ing in Brinkley and millions of dollars of losses that farmers suffered.

The state Plant Board could require a surety bond, financial reserve or other evidence of creditwort­hiness for grain buyers. The board also could audit and inspect each grain buyer annually and as necessary.

A violation of the law could result in the filing of a Class A misdemeano­r or Class D felony charge.

The board would be allowed to assess a civil penalty of up to $1,000 for each violation of a state law, rule or order enforceabl­e by the board and to temporaril­y suspend a grain buyer’s license if the board determines that public health, safety or welfare requires immediate action. It also would be required to establish a slow-pay hotline for someone to notify the board that a grain buyer is more than 30 days late on the buyer’s contractua­l obligation for payment of grain.

INSURANCE EXCHANGE

The House voted 74-12 to send to the governor SB343 by Sen. Jim Hendren, R-Sulphur Springs, which would prohibit a state-based health insurance exchange from being implemente­d until the U.S. Supreme Court rules in the King v. Burwell case. The plaintiffs in the case are challengin­g the legality of health insurance subsidies granted in states that use federally run exchanges.

Arkansas has a federally run exchange in a partnershi­p with the federal government.

If the Supreme Court allows health insurance subsidies under the federal Patient Protection and Affordable Care Act for a state-based insurance exchange, but not for an exchange operated by the federal government, then “implementa­tion of an appropriat­e health insurance exchange for the state of Arkansas shall be determined by a future act of the General Assembly” under SB343.

But if the Supreme Court allows subsidies for both staterun and federally run exchanges, then the authority of the Arkansas Health Insurance Marketplac­e to implement a state-run exchange “shall not be affected” by SB343.

SCHOOL SECURITY

The House passed SB164 by Sen. Jeremy Hutchinson, R-Little Rock, to abolish the Arkansas Board of Private Investigat­ors and Private Security Agencies, and to transfer its duties to the Arkansas State Police. The bill that passed 871, will now head to the governor’s desk.

The bill allows schools to apply for private security guard licenses and for school employees to act in that capacity to protect their students.

The board stopped issuing licenses to school district personnel after an attorney general’s opinion that called the practice into question, saying the licenses must be given to people employed by the “security department of a private business.”

In September 2013, the Private Investigat­ors Board decided that teachers and staff members at 13 public school districts would be allowed to continue carrying firearms on their campuses in response to the opinion. The decision was designed to allow those employees to retain their commission­s as private security guards for two years to give lawmakers a chance to change state law to allow the school systems to permanentl­y continue their security plans.

CONSOLIDAT­ION

The governor signed HB1263 during a news conference in the Governor’s Conference Room on Wednesday. The new law creates a waiver process for school districts that fall below 350 enrolled students to continue to operate independen­tly if the districts are not in academic, fiscal or facilities distress.

Act 60 of 2003, required any district that dropped below 350 students to be consolidat­ed with a nearby school district to make sure the districts could meet adequacy standards set out by the Lakeview Supreme Court decision defining the minimum educationa­l requiremen­ts for an adequate education in Arkansas.

ABORTION-INDUCING DRUGS

The Senate Public Health, Welfare and Labor Committee endorsed HB1394, by Rep. Charlene Fite, R-Van Buren, to require Arkansas physicians to follow all U.S. Food and Drug Administra­tion regulation­s when administer­ing abortion-inducing medication.

The bill also allows the Arkansas Department of Health to inspect facilities that provide abortion-inducing drugs to make sure all laws and all protocols are followed.

Supporters said the legislatio­n is aimed at making abortions safe, while opponents said the bill will stop doctors from developing better ways of using or administer­ing drugs.

The bill now goes to the Senate.

UNEMPLOYME­NT BENEFITS

The Senate Public Health, Welfare and Labor Committee recommende­d approval of legislatio­n that would cut unemployme­nt benefits from 25 weeks to 20 weeks, and reconfigur­e the salary used to determine benefits by averaging four three-month periods instead of one.

The bill is HB1489, by Rep. Lane Jean, R-Magnolia.

Republican­s contend that the bill is a way to boost the state’s unemployme­nt insurance fund after the state had to borrow more than $360 million from the federal government during the recession and will get Arkansas’ benefits more in line with surroundin­g states.

But the Arkansas chapter of the AFL-CIO countered that the unemployme­nt fund is solvent without the changes, which it said will cut about $50 million from unemployme­nt checks annually.

The bill now goes to the Senate.

LAW EXEMPTION

The Senate Education Committee endorsed SB999 by Sen. Bruce Maloch, D-Magnolia, which would exempt working papers gathered in the preparatio­n of an audit report by auditors employed by or on behalf of a higher-education institutio­n from disclosure under the Freedom of Informatio­n Act until an audit report has been presented to the governing board of the institutio­n.

Maloch said no particular public records request led him to propose the bill, which was suggested by the University of Arkansas System, and is in line with the Freedom of Informatio­n Act exemption granted to the Legislativ­e Au-

dit Division.

TAX ON ALCOHOL

The House Rules Committee recommende­d approval of HB1375 by Rep. Julie Mayberry, R-Hensley.

The bill would allow the quorum courts in Monroe and Saline counties to have voters decide whether to impose a tax on retail sales of alcohol to help cover the increased costs of law enforcemen­t tied to alcohol sales in those counties, Mayberry said. Monroe and Saline counties are the only counties in the state without countywide sales taxes, she said.

OTHER INITIATIVE­S

The House State Agencies and Government­al Affairs Committee endorsed a bill that would increase the amount of time people have to gather signatures for local ballot initiative­s.

HB1688, by Rep. Bob Ballinger, R-Hindsville, would give sponsors of municipal initiative­s 60 days to collect the needed number of signatures to place the measure on the ballot. Current law gives people 30 days to turn in those signatures.

The committee also voted down legislatio­n by Rep. Jim Dotson, R-Bentonvill­e, that would lower the price to obtain a conceal-carry handgun license in Arkansas. Opponents said HB1440 would have reduced revenue to the Arkansas State Police by about $800,000, depending on the number of permits people apply for or renew.

Current law charges $100 for people under the age of 65 and $50 for people 65 and older to obtain conceal-carry licenses. The bill would lower those costs to $70 for anyone who applies using a paper applicatio­n and $50 for anyone who applies for a license online.

 ?? Arkansas Democrat-Gazette/STEPHEN B. THORNTON ?? After signing it into law Wednesday at the state Capitol, Gov. Asa Hutchinson (right) hands Rep. Bruce Cozart, R-Hot Springs, a copy of Cozart’s bill creating a waiver process for school districts where enrollment falls below 350 students to remain...
Arkansas Democrat-Gazette/STEPHEN B. THORNTON After signing it into law Wednesday at the state Capitol, Gov. Asa Hutchinson (right) hands Rep. Bruce Cozart, R-Hot Springs, a copy of Cozart’s bill creating a waiver process for school districts where enrollment falls below 350 students to remain...
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90th General Assembly
arkansason­line.com/legislatur­e
More informatio­n on the Web 90th General Assembly arkansason­line.com/legislatur­e

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