Lawmakers Head Into the Third Week of Their Regular Session

Friday, Jan 23, 2009

LITTLE ROCK -- As lawmakers head into the third week of their regular session, they can point to progress being made on bills that would criminalize cruelty to animals, return our presidential primary election to its traditional date in May, and enhance penalties for violating a protection order.

Also during the week, it was decided that action on any bills that propose changes in the tax code – especially any tax cuts – likely will be delayed because lawmakers want to receive revenue reports from state finance officials for January and February.

The House Judiciary Committee will get its first look in the next couple of days at a bill allowing felony charges to be filed for aggravated cruelty against dogs, cats and horses. Arkansas is one of the few states where animal cruelty is a misdemeanor. The Senate approved Senate Bill 77 on a unanimous vote. Lawmakers defeated a similar measure two years ago, but people on both sides of the issue compromised this year.

The measure makes the cruelty offense punishable by a maximum penalty of six years in prison and a $10,000 fine. It adds five years to any conviction of torturing an animal in the presence of a child. Current law imposes up to a year in prison and a $1,000 fine.

Exemptions are for standard animal-husbandry and agriculture practices. The bill also states that officials with animal rescue groups do not have arrest powers in animal-cruelty cases. Rep. Pam Adcock of Little Rock is the bill’s sponsor in the House.

The House also voted 96-0 during the week to return the state’s presidential primary election to its traditional date in May alongside state and local primary election ballots. Two years ago, Arkansas lawmakers moved the 2008 presidential primary from May to February in expectations that presidential candidates – and the accompanying mass of reporters – would visit the state, hear the concerns of Arkansas voters and, not by coincidence, provide an economic boost.

Months later, after Arkansas’s move, about two dozen states also changed their election dates to February or even earlier, all but ending any hope that Arkansas would attract the attention of the candidates. While Arkansas saw a tremendous voter turnout for the February 2008 presidential primaries, the turnout in May for state and local primary elections was down considerably. House Bill 1021, by Rep. Jon Woods of Bentonville, goes to the Senate.

The House also approved HB 1038, by Rep. Dawn Creekmore of Hensley, to stiffen the penalties for violating a protection order. The bill makes such a violation a Class D felony, punishable by up to six years in prison and a fine of up to $10,000, if the offense occurred within five years of a previous conviction for violating a protection order. The bill goes to the Senate.

The House also approved Creekmore’s HB 1014 to create a task force to study Alzheimer’s disease in Arkansas and how best to help those with the disease, their families and their caregivers. The bill goes to the Senate.

Arkansas homeowners over age 65 also could see lower property taxes under HB 1035, approved in the House on a 99-1 vote. Current law freezes tax rates for homeowners when they turn 65. However, because home values have dropped over the last year or so, some owners in effect have seen increases in their taxes. HB 1035, by Rep. Jim Nickels of Sherwood, directs assessors to lower the tax rates in such cases. The bill goes to the Senate.

The House also approved HB 1086, by Rep. Lindsley Smith of Fayetteville, setting Jan. 29 as Thomas Paine Day in Arkansas, in honor of one of America’s heroes in our country’s fight for independence from England. Paine authored the pamphlet, “Common Sense,” calling for independence – an offense punishable by death at the time. The measure doesn’t create a holiday. The bill goes to the Senate.


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