Four members of the state Legislature, including local attorney John Vines, reviewed the 90th General Assembly Thursday and its actions on matters including the Private Option, the state budget and the religious freedom law.
The Hot Springs Convention Center is home this week to the 117th Annual Meeting of the Arkansas Bar Association. Two state representatives and two state senators, all lawyers, met in Horner Hall Thursday for the Legislative Update moderated by Steve Barnes.
Vines, D-District 25, of Hot Springs, was joined by state Rep. Mary Broadway, D-District 57, of Paragould; state Sen. Jeremy Hutchinson, R-District 33, of Little Rock; and state Sen. David Johnson, D-District 32, of Little Rock.
Vines described the 2015 meetings as a tale of two sessions. He said the session was unique because it lasted about 10 fewer days than usual and members addressed most of the major issues in the first half.
Broadway explained the assembly was able to pass about twice as many bills as usual. She said a number of bills, many sponsored by first-time legislators, needed to be dismissed by the state Senate.
"I am pleased and impressed with how, initially in the session, the governor was very pragmatic in his handling of the health care issue," Broadway said. "He fulfilled his promises with regard to the tax cuts. I think that will be a challenge to us in the future about how we deal with budgetary issues, but other than hanging on to the Private Option, I'm not sure how much 'great' we did this last session."
Johnson and Hutchinson said serving on the Senate Judiciary Committee was a highlight in their service. Hutchinson chaired the committee, which consisted of four Democrats and four Republicans.
"What could have been just a clashing and gnashing of the teeth turned out we all work very well together and did kill a lot of undesirable bills, and yet still came together and passed some important stuff out of there," Hutchinson said.
Criminal justice reform was indicated by Hutchinson as one of the major accomplishments by this year's assembly. He said the criminal justice legislation may become the session's most significant accomplishment.
Hutchinson contended the session should be judged based on the low expectations beforehand. He said many issues, including the Private Option, were anticipated to be divisive matters. He feels Gov. Asa Hutchinson, his uncle, handled the health care issue perfectly.
Johnson said it is is too early to tell the fate of the Private Option and health care in Arkansas. Hutchinson said a task force is completely reviewing Medicaid.
The legislators discussed how to keep all 250,000 Arkansans covered by the expanded Medicaid program under medical coverage in the future. Hutchinson has recommended physicians develop their own cost-saving strategies instead of leaving it to the Legislature. Johnson expects the issue to be contentious.
Broadway believes the federal government will be willing to make arrangements with the state after Arkansas has received national attention for the Private Option compromise. Vines supported the governor's plan. He said he is influenced by leaders of local hospitals.
"None of those felt like they could have functioned without the things we did with the Private Option, with the changes we made," Vines said. "I always have that in the back of my mind any time we get into that subject. Whatever we do, whatever road we go down, wherever we head with this, we have always got to be mindful that we need to do what's right for the state of Arkansas, all 75 counties, not just one, two or three."
Barnes asked the legislators how they plan to make up for a possible $120 million gap in the budget after recent tax cuts. Vines said the assembly cuts more taxes every session, but must remain cognizant of potential consequences. He said the tax structure and processes should be examined to provide a broad system which treats all Arkansans fairly.
Broadway expressed deep concerns about the budget. She expects many programs to take cuts or be eliminated in the future.
Pre-K programs received $3 million. Broadway called the funding a "gesture," but $16 million is needed to sustain the programs. She and Johnson are concerned about the use of "one-time money" to fill gaps in the budget.
Johnson expects the next fiscal year to be strong for the state, but is less optimistic about the subsequent years. He explained economic growth has sustained the budget through recent tax cuts, but concerns linger about future growth.
Hutchinson said he feels the Legislature struck the "right balance." He said Arkansas' taxes make it difficult to recruit businesses, the tax rates should be decreased to be more similar to neighboring states and the state must be responsible in addressing the issue. He said state revenues continue to be promising and about $70 million will be freed up by the end of the desegregation case in Little Rock.
Johnson explained why he supported the governor's proposal for new bonds for the Lockheed Martin's JLTV factory in Camden. He said the move was correctly labeled as "corporate welfare," in which other states take part.
"In this day and age, if we are going to attract that kind of industry to Arkansas, we have to play that game too," Johnson said.
Vines said approval for the plan proved to be less difficult than the passing of $125 million in bonds for the Big River Steel project previously.
Barnes asked the legislators about LGBT rights and the religious freedom law passed at the end of the session. Hutchinson and Johnson said they expect the matter to be handled in state and federal courts.
Johnson said the Legislature will determine how smoothly the state handles court decisions. Hutchinson expects it to be a topic for the 2017 issue. Johnson said he is fascinated by the history of the federal Religious Freedom Restoration Act and it's new trajectory after a 2014 ruling.
Broadway is not optimistic about how LGBT matters will be dealt with by the state. She said she agreed with a comment by her friend that Arkansas is the most committed state to "staying in the past," a trend she expects to continue.
"We continue to pass laws that are going to frequently be challenged as unconstitutional and I think that unless the make-up of the Legislature changes dramatically, that is going to continue," Broadway said. "Yes, we are going to be asked to deal with it. Are we going to deal with it in a way that is consistent with the rest of the nation and how they are moving? I am not sure that is going to occur."
Vines believes such issues are difficult to legislate and determine how best to address. He said the Legislature will definitely have a role to play with new laws required to adjust to future rulings.
Barnes asked about potential cultural and political motivations in many of the bills and acts that appear to "fly in the face" of precedence and existing laws.
"The lawyer in me does not like legislation that flies in the face of precedence or appears to violate federal or state constitution," Hutchinson said. "But if you ask whether this is party or cultural, I really think the people who are filing these bills, it is a strongly held belief that they have."
Hutchinson said the state should not ignore the Constitution or intentionally seek legal battles, but legislators should not shy away from new laws because of questions of being unconstitutional. He said challenges are necessary and courts can rule on legal matters.
Vines and Johnson agreed the trend showed a need for more lawyers to be elected to the state Legislature.
"A lot of times, a lot of these types of bills are developed and run by folks that don't have the background and education you and I all have and have had the opportunity to debate, discuss, think and ponder these issues," Vines said. "I think it is vital we keep that in mind as we go forward to cultivate those types of representatives and senators.
Local on 06/12/2015