Session Wrap-Up Report
86th General Assembly April 5, 2007
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The 86th General Assembly is now in recess with adjournment sine die on or before May 1st. There were 2,816 bills filed this session, we tracked and closely monitored over 100 bills related to the residential construction industry. We are pleased to tell you that we have had another successful session for the Arkansas Homebuilders Association!
This session we were able to successfully pass a number of pieces of legislation. HB 1456, our PEX Legislation by Representative Johnny Hoyt of Morrilton, is now Act 466. This bill brings the Arkansas plumbing code in line with the International Plumbing Code standards. Homes will now be able to be constructed using plumbing materials other than copper. Senator Dave Bisbee of Rogers sponsored our Proof of Workers Compensation legislation, SB 79 which is now Act 398. This was the clean up bill written to provide clarity to those who have to abide by and enforce the current Arkansas Code. Act 693, formally HB 2361, was sponsored by Representative Lance Reynolds of Quitman. This legislation makes theft from a permitted construction site that totals over $500 a Class B felony.
We know that impact fee legislation was a concern for many members, and we appreciate the time and effort of Mr. Bill Burkhart and his group for all of their work in attempting to draft legislation. However, when they brought the legislation to Senator Bisbee, we learned that the Senator was in the process of introducing some changes to his original impact fee legislation from 2003. Senator Bisbee’s SB 298 is now Act 310.
Unfortunately, SB 783, our Right to Repair Legislation by Senator Bisbee and Representative Kevin Anderson of Rogers , did not have the same success. This bill was met with a number of opponents, including Governor Beebe, who singled this out as tort reform. There was an agreement in place by a number of different groups that no tort reform legislation would be passed this session. Senator Robert Thompson, an attorney from Paragould , worked with Senator Bisbee and staff from the Governor’s Office in an attempt to resolve the concerns of Governor Beebe. It is Senator Thompson’s belief that there is current case law that sheds light on the fact this is not tort reform but simply a codifying of current case law. Senator Thompson has agreed to work with us through the interim to try and craft this legislation. We strongly believe that having an attorney in control of the bill will greatly enhance our ability to get this legislation through the Judiciary Committees.
Representative Lindsley Smith of Fayetteville introduced HB 2247 that would have allowed municipalities to authorize Inclusionary zoning that could have been detrimental to our industry. Armed with information from our National Association, our Executive Director Julie Mills testified in opposition to the bill, and it was defeated in committee.
A special thank you to your Executive Director Julie Mills and to your entire Legislative Committee! Julie and the Committee were continually working with us to pass and defeat critical legislation. Julie’s leadership and tireless dedication were commendable throughout the session.
Following this report you will find a complete final track with the last five actions taken on each bill. We would like to thank you for your continued trust and support. We look forward to working with you in the interim and during any special sessions to help with the progression of the goals of the Arkansas Homebuilders Association.
DBH Management Consultants and Phillips Management & Consulting Services
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Bruce Hawkins
501.208.2300
dbhawkins@suddenlinkmail.com |
Camie Boggess
501.765.6666
camie@boggessconsulting.com |
Emily Wineland
501.680.5343
eebwineland@yahoo.com |
Bill Phillips
501.258.7627
phillipsmanagement@yahoo.com |
FINAL
REPORT Bill Status Report Track: Arkansas Homebuilders Association | |
| | Prohibits any entity of state government from contracting with businesses that employ illegal immigrants; requires contractors to certify they do not employ illegal immigrants prior to executing a public contract for services. | | Bill History: | 02-20-07 H Meeting set for 10:00 a.m. - Room 130 H-Public Health, Welfare and Labor 02-20-07 H Reported from committee - Do pass H-Public Health, Welfare and Labor 02-22-07 H Placed on the House calendar 02-22-07 H House concurred in Senate amendments 02-28-07 G Signed by the Governor (Act: 157 ) | | | | | Expands the definition and protection of archeological
sites; increases the penalty for violations of archeological sites from a fine to a Class D felony if the objects are valued over $1,000 and a misdemeanor if less than $1,000. | | Bill History: | 02-28-07 H Reported from committee - Do pass H-Agriculture, Forestry, Economic Development 03-01-07 H Placed on the House calendar 03-01-07 H House concurred in Senate amendment No. 1 03-01-07 H Received in the House - Sent to Governor 03-06-07 G Signed by the Governor (Act: 217 ) | | | | | Appropriates funds to the Home Inspector Registration Board for biennial operations. | | Bill History: | 03-22-07 S Placed on the Senate calendar 03-22-07 S Passed (Vote: Y: 35/N: 0) 03-22-07 S Emergency clause adopted 03-23-07 H Received in the House - Sent to Governor 03-26-07 G Signed by the Governor (Act: 499 ) | | | | | Provides that used steel may be purchased without soliciting bids. | | Bill History: | 01-23-07 S Reported from committee - Do pass S-City, County and Local Affairs 01-24-07 S Placed on the Senate calendar 01-24-07 S Passed (Vote: Y: 35/N: 0) 01-24-07 H Received in the House - Sent to Governor 01-25-07 G Signed by the Governor (Act: 13
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Appropriates funds to the Contractors Licensing Board for biennial operations. | | Bill History: | 03-28-07 S Placed on the Senate calendar 03-28-07 S Passed (Vote: Y: 34/N: 0) 03-28-07 S Emergency clause adopted 03-30-07 H Received in the House - Sent to Governor 04-02-07 G Signed by the Governor (Act: 779 ) | | | | | Authorizes a permit for operation of a tractor with dirt pan in tow on state highways when the owner is primarily engaged in earthmoving operations. | | Bill History: | 03-06-07 H Meeting set for 10:00 a.m. - Room 428 H-Public Transportation 03-06-07 H Reported from committee - Do pass H-Public Transportation 03-07-07 H Placed on the House calendar 03-07-07 H House concurred in Senate amendment No. 1 03-09-07 G Signed by the Governor (Act: 241 ) | | | | | Appropriates funds to the Land Department for biennial operations and for distributing proceeds from the sale or redemption of tax delinquent land. | | Bill History: | 03-26-07 S Placed on the Senate calendar 03-26-07 S Passed (Vote: Y: 35/N: 0) 03-26-07 S Emergency
clause adopted 03-27-07 H Received in the House - Sent to Governor 03-28-07 G Signed by the Governor (Act: 529 ) | | | | | Includes demolition in language requiring a contractor's license for acceptance of pay or submission of bids for certain work. | | Bill History: | 03-08-07 H Reported from committee - Do pass as amende...H-Public Health, Welfare and Labor 03-09-07 H Placed on the House calendar 03-09-07 H House concurred in Senate amendment No. 1 03-09-07 H Received in the House - Sent to Governor 03-14-07 G Signed by the Governor (Act: 275 ) | | | | |
Provides that members of the Residential Building Contractors Committee may serve a maximum of three terms (previously two). | | Bill History: | 02-06-07 S Meeting set for 10:00 a.m. - Old Supreme Co...S-State Agencies 02-06-07 S Reported from committee - Do pass S-State Agencies 02-08-07 S Placed on the Senate calendar 02-08-07 S Passed (Vote: Y: 35/N: 0) 02-09-07 G Signed by the Governor (Act: 84 ) | | | | | Increases the recording fees that may be charged by county recorders. | | Bill History: | 03-23-07 H Reported from committee - Do pass H-City, County and Local Affairs 03-26-07 H Placed on the House calendar 03-26-07 H House concurred in Senate amendments 1 & 2 03-27-07 H Received in the House - Sent to Governor 03-28-07 G Signed by the Governor (Act: 615 ) | | | | | Provides that an employer who sends an injured employee to obtain medical treatment remains liable for any necessary medical care until the employer notifies the medical care provider of controverting the future medical treatment. | | Bill History: | 03-30-07 H Placed on the House calendar 03-30-07 H On floor for consideration 03-30-07 H Motion for immediate consideration carried 03-30-07 H Defeated (Vote: N: 42/Y: 40) 03-30-07 H Clincher adopted | | | | | Provides a certificate of public
convenience is not required prior to the replacement or expansion of existing public utility facilities if the width of the right-of-way is not to be increased. | | Bill History: | 02-26-07 S Motion to postpone third reading failed 03-19-07 S Placed on the Senate calendar 03-19-07 S Passed (Vote: Y: 33/N: 1) 03-20-07 H Received in the House - Sent to Governor 03-23-07 G Signed by the Governor (Act: 468 ) | | | | | Provides that hold harmless clauses in public construction contracts are
unenforceable. | | Bill History: | 04-02-07 H Placed on the House calendar 04-02-07 H House concurred in Senate amendment No. 1 04-02-07 H House concurred in Senate amendment No. 2 04-02-07 H Received in the House - Sent to Governor 04-04-07 G Signed by the Governor (Act: 874 ) | | | | | Repeals the Arkansas Building Authority Fund, previously used to hold leasing revenue of the Authority and used for maintenance and operation of facilities. | | Bill History: | 02-26-07 S Placed on the Senate calendar 02-27-07 S Placed on the Senate calendar 02-27-07 S Passed (Vote: Y: 35/N: 0) 02-27-07 H Received in the House - Sent to Governor 03-01-07 G Signed by the Governor (Act: 186 ) | | | | | Requires county collectors send yearly notices to property taxpayers regarding reductions in property taxes available under Amendment 79. |
| Bill History: | 03-14-07 S Reported from committee - Do pass S-Revenue and Taxation 03-19-07 S Placed on the Senate
calendar 03-19-07 S Passed (Vote: Y: 35/N: 0) 03-20-07 H Received in the House - Sent to Governor 03-23-07 G Signed by the Governor (Act: 467 ) | | | | | Requires applicants for solid waste and landfill permits first obtain a certificate of need from the regional solid waste management board. | | Bill History: | 02-28-07 S Reported from committee - Do pass S-Public Health, Welfare and Labor 03-01-07 S Placed on the Senate calendar 03-01-07 S Passed (Vote: Y: 35/N: 0) 03-01-07 H Received in the House - Sent to Governor 03-05-07 G Signed by the Governor (Act: 208 ) | | | | | Removes authorization for regional
solid waste management boards to petition the Arkansas Pollution Control and Ecology Commission regarding permits; specifies that regional boards must follow county purchasing procedures. | | Bill History: | 02-28-07 S Reported from committee - Do pass S-Public Health, Welfare and Labor 03-01-07 S Placed on the Senate calendar 03-01-07 S Passed (Vote: Y: 35/N: 0) 03-01-07 H Received in the House - Sent to Governor 03-05-07 G Signed by the Governor (Act: 209 ) | | | | | Specifies provisions authorizing
municipalities to propose ordinances for annexation of land surrounded by the municipality also apply when the municipality surrounds an area on only three sides because the fourth is a state boundary. | | Bill History: | 02-20-07 S Reported from committee - Do pass S-City, County and Local Affairs 02-21-07 S Placed on the Senate calendar 02-21-07 S Passed (Vote: Y: 35/N: 0) 02-21-07 H Received in the House - Sent to Governor 02-23-07 G Signed by the Governor (Act: 150 ) | | | | | Specifies water distribution piping under concrete slabs shall be
copper water tube minimum Type M, brass, or cross-linked Polyethlene PEX (SDR9) pipe. | | Bill History: | 03-19-07 S Placed on the Senate calendar 03-19-07 S Passed (Vote: Y: 33/N: 2) 03-19-07 S Emergency clause adopted 03-20-07 H Received in the House - Sent to Governor 03-23-07 G Signed by the Governor (Act: 466 ) | | | | | Requires landfills to offer styrofoam (polystyrene) recycling; requires the Pollution Control and Ecology Commission to adopt regulations. | | Bill History: | 03-02-07 H On floor for consideration 03-02-07 H Passed (Vote: Y: 58/N: 23) 03-02-07 H Clincher adopted 03-05-07 S Received in the Senate - Referred to S-Public Health, Welfare and Labor 03-30-07 S Meeting set for 8:00 a.m. - Room 272 S-Public Health, Welfare and Labor | | | | | Establishes provisions for civil actions involving exposure to silica or mixed dust. | | Bill History: | 02-23-07 H House amendment 1 (Pace) adopted 03-22-07 H Meeting set for 10:00 a.m. - Room 130 H-Public Health, Welfare and Labor 03-23-07 H Placed on the House calendar 03-23-07 H Withdrawn from further consideration 03-27-07 H Meeting set for 10:00 a.m. - Room 130
H-Public Health, Welfare and Labor | | | | | Repeals entire chapter of the Uniform Commercial Code regarding documents of title and replaces it with new language; amends other chapters of the Uniform Commercial Code. | | Bill History: | 03-14-07 S Reported from committee - Do pass S-Judiciary 03-15-07 S Placed on the Senate calendar 03-15-07 S Passed (Vote: Y: 35/N: 0) 03-15-07 H Received in the House - Sent to Governor 03-19-07 G Signed by the Governor (Act: 342 ) | | | | | Repeals the requirement that the Director of the Assessment Coordination Department meet qualifications required for certification as a Level 4 Appraiser. | | Bill History: | 02-14-07 H Filed 02-14-07 H Introduced and referred to H-Revenue and Taxation 03-29-07 H Meeting set for 10:00 a.m. - Room 151 H-Revenue and Taxation | | | | | Increases membership of the Individual Sewage Disposal Systems Advisory Committee and revising the list of certain qualifications of members. | | Bill History: | 02-27-07 S Reported from committee - Do pass S-City, County and Local Affairs 02-28-07 S Placed on the Senate calendar 02-28-07 S Passed (Vote: Y: 35/N: 0) 02-28-07 H Received in the House - Sent to Governor 03-01-07 G Signed by the Governor (Act: 189 ) | | | | | Makes improperly influencing the development, reporting, result, or review of a real estate appraisal a Class A misdemeanor. | | Bill History: | 02-28-07 S Re-referred to committee S-Judiciary 03-23-07 S Meeting set for 9:00 a.m. - Room 171 S-Judiciary 03-22-07 S Placed on the Senate calendar 03-22-07 S Senate amendment 1 (G. Jeffress) adopted 03-30-07 S Meeting
set for 8:00 a.m. - Room 309 S-Judiciary | | | | | Prohibits use of the term "appraisal" or "market value" in real estate brokers' price opinion or market analysis issued in connection with an interstate or federally related transaction. | | Bill History: | 03-15-07 S Reported from committee - Do pass S-State Agencies 03-22-07 S Placed on the Senate calendar 03-22-07 S Passed (Vote: Y: 35/N: 0) 03-23-07 H Received in the House - Sent to Governor 03-28-07 G Signed by the Governor (Act: 540 ) | | | | | Amends provisions for the Department of Workforce Education
housing construction program, making various changes and authorizing secondary area technical centers to participate in the program. | | Bill
History: | 03-15-07 S Reported from committee - Do pass S-Education 03-22-07 S Placed on the Senate calendar 03-22-07 S Passed (Vote: Y: 35/N: 0) 03-23-07 H Received in the House - Sent to Governor 03-28-07 G Signed by the Governor (Act: 541 ) | | | | | Establishes maximum mercury levels for electric lighting devices that may be disposed of in land fills. | | Bill History: | 02-22-07 H Motion for immediate consideration carried 02-22-07 H Passed (Vote: Y: 94/N: 0) 02-22-07 H Clincher adopted 02-22-07 S Received in the Senate - Referred to S-Public Health, Welfare and Labor 03-30-07 S Meeting set for 8:00 a.m. - Room 272 S-Public Health, Welfare and Labor | | | | | Specifies that property tax payments postmarked by October 10 are timely received; provides that if Oct. 10 is Saturday, Sunday, or a postal holiday, the payment is timely filed if postmarked the following business day. | | Bill History: | 02-28-07 S Reported from committee - Do pass S-Revenue and Taxation 03-01-07 S Placed on the Senate calendar 03-01-07 S Passed (Vote: Y: 35/N: 0) 03-01-07 H Received in the House - Sent to Governor 03-05-07 G Signed by the Governor (Act: 215 ) | | | | | Increases the penalty for violations of law or rules of the HVACR Licensing Board from $250 to $500 and creates a Class B misdemeanor for performing HVACR work without the appropriate license. | | Bill History: | 03-22-07 H On floor for consideration 03-22-07 H Passed
(Vote: Y: 93/N: 3) 03-22-07 H Emergency clause adopted 03-22-07 S Received in the Senate - Referred to S-Insurance and Commerce 03-29-07 S Meeting set for 10:00 a.m. - Room 171 S-Insurance and Commerce | | | | | Specifies that government entities use dispute resolution processes whenever possible to resolve disputes, cases, or controversies if the opposing party consent. | | Bill History: | 03-30-07 S Meeting set for 8:00 a.m. - Room 272 S-Public Health, Welfare and Labor 03-30-07 S Reported from committee - Do pass S-Public Health, Welfare and Labor 04-02-07 S Placed on the Senate calendar 04-02-07 S Passed (Vote: Y: 19/N:
7) 04-02-07 S Clincher adopted | | | | | Creates a sales tax exemption for the purchase of machinery used in the production of concrete. | | Bill History: | 03-08-07 H Meeting set for 10:00 a.m. - Room 151 H-Revenue and Taxation 03-16-07 H 1 Amendment(s) Filed 03-19-07 H Placed on the House calendar 03-19-07 H House amendment 1 Lowery) adopted 03-27-07 H Meeting set for 10:00 a.m. - Room 151 H-Revenue and Taxation | | | | | Expands the scope of the Regional Mobility Authority Act, including a comprehensive list of transportation projects that may be addressed by an Authority;
provides for joint transportation projects between Authorities; more. | | Bill History: | 03-07-07 S Reported from committee - Do pass S-Transportation, Technology & Leg. Affairs 03-14-07 S Placed on the Senate calendar 03-14-07 S Passed (Vote: Y: 35/N: 0) 03-15-07 H Received in the House - Sent to Governor 03-20-07 G Signed by the Governor (Act: 389 ) | | | | | Revises the minimum wage and overtime law, including expansion of the list of workers not covered by minimum wage and overtime provisions, and giving additional authority to the
Director of the Labor Department to authorize exceptions. | | Bill History: | 03-22-07 S Placed on the Senate calendar 03-22-07 S Passed (Vote: Y: 35/N: 0) 03-22-07 S Emergency clause adopted 03-23-07 H Received in the House - Sent to Governor 03-28-07 G Signed by the Governor (Act: 545 ) | | | | | Allows partners, members of a limited liability company, and members of a professional association to waive workers' compensation coverage. | | Bill History: | 03-21-07 H
Reported from committee - Do pass H-Insurance and Commerce 03-22-07 H Placed on the House calendar 03-22-07 H House concurred in Senate amendment No. 1 03-23-07 H Received in the House - Sent to Governor 03-28-07 G Signed by the Governor (Act: 546 ) | | | | | Repeals the requirement that a decal be affixed to each piece of heavy equipment showing tax has been paid on the equipment. | | Bill History: | 03-16-07 H Placed on the House calendar 03-16-07 H On floor for consideration 03-16-07 H Passed (Vote: Y: 93/N: 0) 03-19-07
S Received in the Senate - Referred to S-Public Health, Welfare and Labor 03-30-07 S Meeting set for 8:00 a.m. - Room 272 S-Public Health, Welfare and Labor | | |