RESEARCH PUBLIC AFFAIRS COMMUNICATIONS 1415 L Street, Suite 1260 Sacramento, CA 95814 (916) 476-6647 phone (916) 720-0334

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John Catlett (HD 73)

Background Research Report

UPDATED August 28, 2012

Submitted By:
MB PUBLIC AFFAIRS, INC.

Table of Contents
Summary of Findings ................................................................................................................3 SECTION I: PUBLIC RECORDS & POLITICAL ISSUES ...................................................7 General Background ..................................................................................................................8
Campaign Biography ................................................................................................................................................ 8 Official Biography ..................................................................................................................................................... 9 New Media Profile ................................................................................................................................................... 9 Local Newspapers .................................................................................................................................................... 9

Public Records ......................................................................................................................... 11

Statement of Financial Interest................................................................................................................................ 11 Property Ownership No Issues............................................................................................................................. 11 Legal Records No Issues ..................................................................................................................................... 12 Voter Registration/History No Issues ................................................................................................................ 13 Business Records No Records .............................................................................................................................. 13

Political History ....................................................................................................................... 14

Prior Political History Catlett Won by only a Handful of Votes in the 2010 Election ........................................ 14 2012 Campaign Finance Summary ........................................................................................................................ 15 Summary of Campaign Contributions, 2009-Present .............................................................................................. 15 Took $7,350 in Campaign Contributions from Democrats ..................................................................................... 16 Contributions to Others .......................................................................................................................................... 16

Ethics/Perks of Office/Legislative Performance ................................................................... 18

Catlett Paid a Company His Wife Owns $1,350 a Month during Legislation Session ........................................... 18 Other House Members Have Been Criticized for Paying Their Companies and Spouses with Taxpayer Funds........ 20 Voted to Give Legislators Pensions after only Five Years in the House ................................................................... 22 Received a Free Trip to Washington DC from the Arkansas Electric Cooperative .................................................. 23 Arkansas Ethics Commission Enforcement Actions No Results ......................................................................... 24

SECTION II: PUBLIC POLICY ISSUES .............................................................................. 25 Tax Issues ................................................................................................................................ 26

Catlett Called New Taxes Out of the Question at the Beginning of the 2011 Legislative Session......................... 26 Catlett Was Caught Flip-Flopping on Capital Gains Repeal ................................................................................. 26 Co-Sponsored a One-Half Cent Sales Hike for Infrastructure................................................................................. 27 Voted for 5-Cent Diesel Tax to Finance Road Construction in 2011..................................................................... 29 Voted to Double Car Title Fees to Fund State Employee Pension System in 2011 ................................................. 31 Voted to Collect Sales Taxes from Online Retailers ................................................................................................ 32 Voted to Allow Local Governments to Raise Taxes to Fund Redevelopment and Pensions ...................................... 33 Voted to Allow Cities and Counties Hold Special Elections to Raise Sales Tax for Economic Development ........... 36
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Voted to Allow the State to Extend the 3-Cent-Per-Month Phone Tax to Cell Phones .......................................... 36

Other Fiscal Issues .................................................................................................................. 37

Voted for Two Annual Budgets during His House Tenure ..................................................................................... 37 Voted to Force Counties to Withhold and Transfer Public Employee Union Dues upon an Employees Request ..... 38 Voted to Loosen Anti-Spiking Rules for Public Employee Pensions ....................................................................... 38

Obamacare Implementation Issues ........................................................................................ 39

Supported Implementation of Obamacare Health Exchange in Arkansas ............................................................... 39 Voted in House Insurance & Commerce Committee to Give the State Legal Authority to Implement Obamacare... 41 Conservatives, Business Groups Opposed Obamacare Implementation in Arkansas ................................................ 43

Business Issues ........................................................................................................................ 46

Took $2,000 from the AR Trial Lawyers Association which Opposed the Civil Justice Reform Act of 2003 ..... 46

Public Safety Issues ................................................................................................................. 49

Co-Sponsored SB 750, a Bill Reducing Prison Terms for Certain Drug Offenders and Petty Criminals .................. 49 Touted the Benefits of SB 750 in the Atkins Chronicle .......................................................................................... 51 SB 750 Reduced Minimum Sentences for Cooking Meth and Possessing Heroin/Cocaine in Small Amounts ......... 51 Voted for a Bill Allowing Criminal Offenses to be Expunged ................................................................................. 52

Immigration Issues ................................................................................................................. 54

Voted against Voter ID ......................................................................................................................................... 54 Voted against Requiring Drivers License Written Exams to Be Conducted in English Only ................................. 55

Other Issues ............................................................................................................................. 56

Voted against Bill Allowing Home-Schooled Students to Qualify for State Scholarship ........................................... 56 Supported Nanny-State Legislation ........................................................................................................................ 57

APPENDIX A: Bills Sponsored by Catlett.............................................................................. 58 APPENDIX B: Notable Campaign Contributions ................................................................. 62

Summary of Findings
Catlett is freshman Democrat in the State House, representing District 61 in the Arkansas River Valley. Catlett won his seat by a margin of only 24 votes in 2010. Catlett is also a retired sergeant in the Arkansas State Troopers

Ethics Issues
The group Conservative Arkansas has launched a website showing expense claims submitted by legislators for office expenses. These documents show that Catlett contracted with a company owned by his wife, Catlett Farms, to provide legislative services at $1,350 per month. Catlett signed the contract as the legislator and his wife signed on behalf of the company on January 10, 2011. In total, Catlett billed the State a total of $8,100 for Catlett Farms legislative services. Catlett went on the record to defend his legislative reimbursements, denying that they had been out of line or excessive. Catlett voted in favor of HB 1250, a House bill that would have allowed legislators with only five years of legislative service to qualify for State retirement benefits allowing members who only serve their maximum six years in the House and never seek a Senate seat to draw a pension at age 65. HB 1250 failed on the House floor. Under current law, legislators must serve a minimum of ten years to qualify for a pension. According to the Arkansas DemocratGazette, HB 1250 would allow a legislator who had served six years in the House to receive between $150 and $200 per month ($1,800 to $2,400 per year) for life upon reaching age 65. News coverage notes that this HB 1250 would be especially beneficial to military veterans serving in the House, as the State of Arkansas allows retired employees who are eligible for pensions (including legislators) who served in the military to buy additional service credits in order to boost their pensions. Catletts campaign biography confirms that he is a military veteran, having served as an Air Force MP for four years in approximately 1978-1982. The Arkansas Democrat-Gazette reported that Catlett received a free junket to Washington D.C. from the Arkansas Electric Cooperative. This trip was valued at $3,747. Based on the fact that Catlett was concurrently drawing a legislative salary, a state-funded pension as a retired State Trooper, and receiving expense reimbursements of $1,350 per month during the 2011 legislative session, he could be accused of triple-dipping receiving Arkansas taxpayer-funded compensation from three different sources at once.

Tax Issues
In January of 2011, just as the legislative session was kicking off, the Russellville Courier reported that Catlett had ruled-out supporting any tax increases with the economy the way it is. On the House floor, Catlett voted in favor of HB 1002, a bill to reduce the States capital gains taxes. However, Catlett immediately entered a letter into the House Journal stating that he had voted for HB 1002 in error by pressing the wrong button on his voting machine, and that he had intended to vote no on the bill. Apparently, Catlett never thought this letter changing his position on HB 1002 would see the light of day two months later, he was caught bragging about his vote in favor of HB 1002 because he felt [HB 1002] would be good for Arkansans. Once Catletts letter stating his opposition to HB 1002 surfaced, Catlett was forced to backtrack claiming that he had actually changed his mind on the bill several times and admitting that he had been indecisive. Catlett co-sponsored and voted for HJR 1001, a measure to place a 0.5% sales tax hike on the November 2012 ballot. If passed, revenue from this tax measure will be used for the purpose of constructing four-lane highways in Arkansas and paying back $1.3 billion in general obligation bond debt. State Rep. Andrea Lea (R-Russellville), one of Catletts fellow Arkansas River Valley legislators, opposed the sales tax hike on the basis that it had been made very clear in the last election that [voters] did not want any more taxes. Catlett voted in favor of HB 1902, a tax increase which would have levy a 5 cent-per-gallon tax on diesel fuel if approved by voters during the November 2012 statewide election. Revenue from this tax would finance $1.1 billion in highway construction bonds. Catlett voted in favor of SB 183, a bill to double vehicle title fees to prop up a state public safety employees pension fund that had been bailed out two years earlier and which already is projecting a need for further state funds in 2013 Catlett voted for SB 738, a bill to force out-of-state retailers to collect sales and use tax for purchases made online if they sell more than $10,000 of products in the state. SB 738 passed the Arkansas House by a 69-28 vote with Catlett voting in the affirmative. AFP Arkansas opposed SB 738, calling it a tax hike. Catlett voted in favor of SJR 5, a proposed constitutional amendment to allow city and county governments to raise sales taxes and issue bonds to eliminate unfunded pension liabilities in closed pension systems, as well as to pay for improvement districts. The final passage of SJR 5 would allowed the issue to be placed on the November ballot. Arkansas Times editor Max Brantley termed SJR 5 the Corporate Welfare Amendment and claimed it had passed because of Democrats from cities with developers aching to score some free cash for their projects.

Catlett voted in favor of HB 1898, a bill to allow Cities and Counties the ability to hold special elections to raise sales and use taxes to fund economic development and redevelopment projects.

Obamacare Implementation
In late March of 2011, Republican House members were able to prevent the implementation of a State-run Obamacare health insurance exchange by temporarily blocking the passage of HB 1226, the annual appropriations bill for the Arkansas Department of Insurance. HB 1226 included $1 million in funding for the development of a health insurance exchange, as required by the Affordable Care Act. HB 1226 was accompanied by HB 2138, a companion bill introduced by House Democrats to establish in statute the States legal authority to set up a health insurance exchange. HB 2138 never received a vote on the House floor, but it did receive a roll-call vote in the House Commerce and Insurance Committee on March 25, 2011. Catlett is a member of this committee. We found video footage of this March 25, 2011 committee meeting through the House Video Archive, which confirms that Catlett voted in favor of HB 2138 in committee. As an appropriations bill, HB 1226 required 75 aye votes (3/4 of the House membership) in order to pass. This three-quarters vote requirement gave the House GOP their only opportunity in the House to block the implementation of Obamacare in the State. As HB 2138 would not appropriate State funds, it would only require a simple majority in the House to pass. Because Republicans held a minority in the House, they had little chance of blocking HB 2138. Over the course of two days, Republicans were able to block the passage of HB 1226 three times. On each of these floor votes, Catlett voted with his fellow Democrats in favor of HB 1226. After forcing HB 1226 to fail on the House floor three times, House Republicans were able to negotiate a deal with House Democrats. Democrats withdrew HB 2138, which, as noted above, would have provided the State with the legal authority to set up an Obamacare exchange. Once Democrats agreed to withdraw HB 2138, they were able to pass HB 1226 with limited GOP support. Again, Catlett voted with Democrats in favor of this bill. The National Federation of Independent Business Arkansas chapter considered challenging the health insurance exchange implementation as one of their top four victories of the 2011 legislative session. In 2012, Teresa Crossland-Oelke, the Americans for Prosperity Arkansas State Director, penned an op-ed in the Arkansas Democrat-Gazette outlining the problems with implementing an Obamacare Health Insurance Exchange in Arkansas. Crossland-Oelke argued that the ultimate effect of the health insurance exchange will be to drastically expand the federal government's role in making personal health-care decisions.

Business Issues
Catlett has taken $2,000 in campaign contributions from the Arkansas Trial Lawyers Association during his legislative career. The Arkansas Trial Lawyers Association opposed the States landmark 2003 legislation to cap punitive damages (known as the Civil Justice Reform Act of 2003), which passed in the wake of a $63 million punitive damages award against an Arkansas nursing home. More recently, the President of the Arkansas Trial Lawyers Association praised the Arkansas Supreme Court for overturning the Civil Justice Reform Act.

Public Safety
Catlett co-sponsored and voted for SB 750, a bill to allow for the easier release of minor drug offenders and petty criminals. This state purpose of this legislation was to ease overcrowding and reduce costs to the state for the incarceration of these criminals. In March of 2011, the Arkansas Democrat-Gazette detailed how SB 750 would reduce (and in some cases eliminate) minimum sentences for possession and production of hard drugs. For example, prior to the passage of SB 750, the minimum sentence for possessing any amount of methamphetamine under 200 grams was three years. Under SB 750, those in possession of less than two grams of meth could walk away with no jail time. The bill made similar changes to the possession of heroin and cocaine.

Immigration Issues
Catlett voted against HB 1797, a bill that would have required Arkansas voters show identification at their polling place to vote. Bill sponsor Rep. Bryan King claimed that this legislation was necessary to prevent voter fraud. Catlett voted against HB 2007, legislation that would have required all written exams for drivers licenses be administered in English. The bill failed in a close vote. The sponsor of the bill, Republican Jon Hubbard, pointed out that all of the road signs in Arkansas are in English.

SECTION I: PUBLIC RECORDS & POLITICAL ISSUES

General Background
Identifying Information
Name: DOB: Address: Spouse: John Wayne Catlett November 1960 11732 West Highway 28 Rover, AR 72860 Cheri Lynn Catlett

Campaign Biography
The following biography is taken from Catletts campaign website.
This photograph was taken on our family farm in Fourche Valley. This is my wife, Cheri, me, our daughter Beverly, son Cyler and his wife Rachel. I grew up on a poultry and cattle farm not far from where we live now, in a conservative Christian home. As a child I learned to work hard to support my family and to always help a neighbor in need. The ideals I was raised with are common to most Arkansans. I graduated from Plainview/Rover High School in 1978 and then spent four years active duty in the U.S. Air Force as a military police officer. In the summer of 1982 I began my civilian law enforcement career as the City Marshal for Ola. While working full time, I began earning my bachelors' degree in history and political science at Arkansas Tech University. I left my position at Ola to go to work for the Arkansas Game & Fish Commission as a wildlife officer. For two years, I helped run the family feed mill business. Then, I had the opportunity to become an Arkansas State Trooper and was commissioned in 1988 and assigned to Yell County. As a Sergeant, I supervised State Troopers in Yell, Pope and Johnson Counties. In 2002, I retired from the Arkansas Air National Guard, and I recently retired from the Arkansas State Police. Throughout my career I enforced the laws and regulations that were passed in our legislature. And I have worked closely with citizens in all walks of life. I know the issues that Arkansans are faced with these days. John Catlett, Arkansas State Representative District 61

Official Biography
The following biography is taken from Catletts official State House site.
Rep. John W. Catlett of Rover is serving his first term in the Arkansas House of Representatives. He represents District 61, which encompasses Yell County. For the 88th General Assembly, Rep. Catlett serves on the House Public Transportation Committee, where he chairs the Subcommittee on Waterways and Aeronautics. He also serves on the Joint Budget Committee, Joint Performance Review Committee, Legislative Joint Auditing, and the House Insurance and Commerce Committee. Rep. Catlett is a graduate of Rover High School and Arkansas Tech University. A veteran and retired Arkansas State Trooper, Rep. Catlett is a poultry and cattle farmer, as well as a commercial pilot. He is on the Farm Bureau Board of Directors and is active in the Yell County Cattlemen's Association. He enjoys hunting, fishing, and flying airplanes in his spare time. He and his wife, Cheri, have one son and one daughter. Arkansas House of Representatives

New Media Profile

Facebook
Catlett does not have a Facebook account.

Twitter
Catlett does not have a Twitter account.

LinkedIn
Catlett does not have a LinkedIn account.

YouTube
Catlett does not have a YouTube account.

Local Newspapers

The following newspapers are located in or near Catletts district. Newspaper Name (with hyperlink) City, State
Clarksville, AR Atkins, AR Russellville, AR Yell County, AR Fort Smith, AR
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Electronic Database
NO website search only NO website search only YES Searchable via Newsbank NO website search only YES Searchable via Newsbank

The Johnson County Graphic The Atkin Chronicle/Dover Times The Russellville Courier The Yell County Record Southwest Times-Record

All of these papers were searched for stories pertaining to Catlett, in addition to larger-circulation newspapers from across the State and Associated Press news. Newspaper stories excerpted in this report have been saved in their entirety. A full compilation of these stories accompanies this research report as a separate PDF file. Additionally, Catlett writes a regular column in the Atkins Chronicle while the legislature is in session, where he writes about actions taken by the House. We reviewed these columns and identified one where Catletts commentary could be construed as controversial, where he touted the benefits of the States sentencing reduction bill, SB 750. We have discussed the contents of this column in the Public Safety chapter of this report.

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Public Records
Statement of Financial Interest
According to Catletts 2011 Statement of Financial Interest, in addition to his legislators paycheck from the state, Catlett receives more than $12,500 a year from Arkansas Retirement systems (APERS & ASPR).

Source: John Catlett 2011 Statement of Financial Interest, via the AR Secretary of State

He also receives income from Wayne Farms and Cattle Operation, and John Catletts Flying Service.

Source: John Catlett 2011 Statement of Financial Interest, via the AR Secretary of State

Source: John Catlett 2011 Statement of Financial Interest, via the AR Secretary of State

Property Ownership No Issues

According to a Nexis Public Records search, Catlett owns the following residential property in Yell County:
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11732 West Highway 28, Rover, AR 72860, APN: 001-02578-000

Catlett also owns several undeveloped parcels in the County (some individually and some jointly with his wife) registered to the same address. APN: 001-02580-000 APN: 001-05351-000 APN: 001-05346-000 APN: 001-05347-000

Catletts wife Cheri also owns property in Yell County. According to the Arkansas Secretary of State, Catlett made a political contribution from this address. 16888 West Highway 28, Briggsville, AR 72828, APN: 001-02696-000

Assessor records are not available online from the Yell County Assessor, as there is no searchable online database. Property tax records from the Yell County Sherriffs Department are unavailable online, as there is no searchable online County database for these records.

Legal Records No Issues

Superior Court Records Search No Records
According to a Nexis Legal search, Catlett is not a party to any state or local cases in Arkansas. Court Documents are not available online from the Yell Circuit and County Clerk, as there is no searchable online Court database for these records.

Federal Court Record Search Two Cases

According to a PACER search, a John Catlett appears as a party in two federal cases. In the first case, USA v. State of Arkansas, et al (case #: 4:78-cv-00025-SWW), the U.S. government filed a lawsuit against Arkansas over job discrimination. Catlett added himself to the suit as an intervenor. The case was originally filed on February 1, 1978, and was terminated on September 28, 1995. The other case, Catlett v. Department of Health and Human Services (case #: 4:82-cv-00731-ETR), was filed on October 14, 1982 and terminated on July 10, 1986. The nature of the suit is unknown since the complaint is not available online. NOTE: We have no way of confirming that either of the Catletts in these cases are the subject of this report, it should be noted the prior to running for office. Catlett spent time both as an MP in the Air Force and as an Arkansas State Trooper after graduating from high school in 1978.

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Liens/Judgments One Released Lien

According to a Nexis Public Records search, Catlett has had one lien taken out against him. The State of Oklahoma filed a lien (filing #: STS9500049401) against Catlett on March 27, 1995 for $552. The lien was released less than a year later on January 2, 1996. Recorded documents are not available online from Yell County, as here is no searchable online County database for these records.

Voter Registration/History No Issues

According to a Nexis Public Records search, Catlett registered to vote in Yell County on August 4, 1989. He is currently registered as a Democrat and lists his registration address as 11732 West Highway 28, Rover, AR 72860.

Business Records No Records

As noted above, Catlett claims financial interest in a John Catletts Flying Service. A search of the Arkansas Secretary of State online corporation database did not show any results indicating that these businesses are incorporated.

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Political History
Prior Political History Catlett Won by only a Handful of Votes in the 2010 Election
2012 Primary Election
Catlett ran unopposed in the 2012 primary election.

2010 General Election

Official Arkansas Secretary of State records show that Catlett bested Republican Kelly Boyd in the November general election by only 24 votes.
Candidate Votes % Kelly Boyd (Republican) 3,254 49.82% John Catlett (Democrat) 3,278 50.18% TOTAL 6,532 Source: Arkansas Secretary of State, Elections Division HEADLINE: Catlett still the winner Recount changes only one vote John Catlett , 49, of Rover maintained his lead over Kelly Boyd, 54, of Havana for election to the state representative seat for District 61 following a recount conducted Monday by the Yell County Election Commission per Boyds request, commissioner Danny Bunting confirmed. While a recount of the ballots for which Boyd paid $1,150 did not change the outcome of the race, Bunting said Catlett did finish with one fewer vote. The commission initially reported 2,563 votes were cast in the Democrats favor on election night, but are now reporting he received 2,562 due to what Bunting described as one ballot being certified when it shouldnt have been. Boyd, a Republican, retained his total of 2,041. While the District 61 seat includes not only Yell County in its entirety, but also the Pottsville and Atkins areas of Pope County, Mondays recount included votes cast only in Yell County. Pope County election coordinator Sherry Polsgrove said Boyd would have been required to request and pay separately for a recount of votes in Pope County, but added the deadline to do so had passed. Candidates have to file within two days of when the unofficial total is done, Polsgrove said Monday, indicating Thursday would have been the last day for him to file. The final result for the entire race following the recount gives Catlett the win with 3,274 votes, ahead of Boyd with 3,253. The seat was previously held by Nathan George. Russellville Courier, November 9, 2010

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2010 General
Candidate Votes % Kelly Boyd (Republican) 3,254 49.82% John Catlett (Democrat) 3,278 50.18% TOTAL 6,532 Source: Arkansas Secretary of State, Elections Division

2010 Primary
Catlett won his 2010 primary with 57% of the vote, eliminating the need for a run-off primary election.
Candidate Votes % John Catlett 2,118 57.00% Mike Merritt 1,598 43.00% TOTAL 3,716 Source: Arkansas Secretary of State, Elections Division

2012 Campaign Finance Summary

As of July 31, 2012, Catlett has raised over $28,000 in contributions and spent over $16,000. He currently has a total campaign debt of $2,620.50 and $14,884 in cash on hand.
Total Contributions, Total Expenditures Total Debt, as of Cash on Hand, as of 1/1/11-7/31/12 1/1/11-7/31/12 7/31/12 7/31/12 $28,150.00 $16,006.29 $2,620.50 $14,884.00 Source: Arkansas Secretary of State, Elections Division

Summary of Campaign Contributions, 2009-Present

The following chart summarized the special interest campaign contributions Catlett has received since 2009. Specific contributions of interest are discussed later in this report.
Sum of Amount $1,500.00 $400.00 $22,004.42 $7,350.00 $250.00 $500.00 $250.00 $5,200.00

Industry/Source AGRICULTURE ALCOHOL BUSINESS DEMOCRATS DOG RACING HORSE RACING INSURANCE MEDICAL
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OIL $1,250.00 TOBACCO $250.00 TRIAL LAWYER $2,250.00 Grand Total $41,204.42 Source: Arkansas Secretary of State, Elections Division

Took $7,350 in Campaign Contributions from Democrats

Democratic organizations, officeholders, and candidates have funneled $7,350 to Catletts campaign treasury. This includes $5,000 from the Democratic Party of Arkansas and $1,000 from Arkansas Attorney General Dustin McDaniel.
Date 6/7/2010 3/15/2012 10/19/2010 1/12/2012 10/7/2010 8/4/2010 1/12/2012 12/6/2010 12/9/2010 Contributor Arkansas Democratic Party Democratic Party of Arkansas Dustin McDaniel for Attorney General McDaniel Leadership PAC Pope County Democratic Party Pope County Democratic Women Rep. Johnnie Roebuck House Democratic Caucus PAC Opportunity PAC TOTAL Amount $2,500.00 $2,500.00 $1,000.00 $300.00 $100.00 $100.00 $200.00 $500.00 $150.00 $7,350.00

Source: Arkansas Secretary of State, Elections Division

Contributions to Others
State and Local Contributions
According to the Arkansas Secretary of State, Catlett gave $75.00 to fellow Democratic Representative and candidate Leslee Post on June 3, 2012.

Source: Arkansas Secretary of State, Elections Division

Federal Contributions
According to the Federal Elections Commission, Catlett gave $250.00 to the Democratic Party of Arkansas on January 31, 2011.

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Source: Federal Elections Commission

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Ethics/Perks of Office/Legislative Performance

Catlett Paid a Company His Wife Owns $1,350 a Month during Legislation Session
The group Conservative Arkansas has launched a website showing expense claims submitted by legislators for office expenses. These documents show that Catlett contracted with a company owned by his wife, Catlett Farms, to provide legislative services at $1,350 per month.

http://expensereimbursementissue.com/house-catlett-john-d-61

Catlett signed the contract as the legislator and his wife signed on behalf of the company on January 10, 2011.

http://expensereimbursementissue.com/house-catlett-john-d-61

Catlett Farms is not a registered corporation and detailed information cannot be acquired through the Arkansas Secretary of States office. Conservative Arkansas also provides expense reimbursement forms confirming that Catlett billed the State a total of $8,100 for Catlett Farms legislative services.
Date Range 1/10/2011-1/31/2011 2/1/2011-2/28/2011 3/1/2011-3/31/2011 4/1/2011-4/30/2011 5/1/2011-5/31/2011 6/1/2011-6/30/2011 Recipient Catlett Farms Catlett Farms Catlett Farms Catlett Farms Catlett Farms Catlett Farms TOTAL Amount $1,350.00 $1,350.00 $1,350.00 $1,350.00 $1,350.00 $1,350.00 $8,100.00

http://expensereimbursementissue.com/house-catlett-john-d-61
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Catlett went on the record to defend these legislative reimbursements, denying that they had been out of line or excessive.
HEADLINE: Leglislators: Expenses are 'not out of line' State group spotlights financials, concerned about reimbursements Though one political group has initiated a protest aimed at state Legislative expense reimbursements, area legislators maintain the reimbursements help them better serve their constituents. Although state law prohibits legislators from receiving income for their service above the set salary, there is a provision for legislators to be reimbursed for ordinary and necessary expenses in addition to the per diem and mileage they may receive for attending assembly and committee meetings Rep. John Catlett (D-Rover), similarly felt the reimbursements covered Legislature-related spending without excess. There are some months I go over that (allotted amount), and there are some months that I spend less it all kind of averages out for me personally, he said. I dont think its something out of line, I really dont. Catlett and Lamoureux both pointed out traveling and communication expenses can add up quickly. Lamoureux said with an average of 83,000 constituents for a state senator, postage expenses are no small matter. Catlett noted with gas prices so high, traveling back and forth even from one end of his district to the other can be costly. Those associated with the Arkansas Expense Reimbursement Issue may question whether a legislator will still need to use the total allotment for reimbursements when the Legislature is not in session, but area legislators believe their job does not end with the session. Im a legislator full time, Catlett said. I dont have another job. I communicate to the people of my district that I want to be their legislator all the time, even though our Legislature is considered part time. ... But I feel the job is important enough to give it your full time. For Lamoureux, the office expenses, to me, really have nothing to do with the session at all. ... I think for the most part you want someone to have an office where the public can get to them, he said, mentioning he uses his Russellville office more often when the General Assembly is not in session. In general, Catlett said he felt that Arkansas legislators did not abuse the expense accounts. While Lamoureux would not comment on what he felt others were doing, he said I expect them to do what they think is right. Russellville Courier, July 29, 2011

Based on the fact that Catlett was concurrently drawing a legislative salary, a state-funded pension as a retired State Trooper, and receiving expense reimbursements of $1,350 per month during the 2011 legislative session, he could be accused of triple-dipping receiving Arkansas taxpayerfunded compensation from three different sources at once.
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Other House Members Have Been Criticized for Paying Their Companies and Spouses with Taxpayer Funds
While we found no indication that Catlett has ever been criticized for funneling taxpayer funds into his wifes own company, other House members of both parties have been criticized for engaging in this same practice. In July of 2011, the Arkansas Public Law Center filed a lawsuit against the legislature, charging that the legislatures system of allowing members to reimburse themselves for office expenses was illegal.
HEADLINE: Legislators target expense-pay flaws; Reimbursements subject of suit Leaders of the Legislature say they have a bipartisan group working to find "a better" and "more reasonable" way for lawmakers to get expense reimbursements, the current system being under attack in a lawsuit and questioned in other forums as to its legality. This work has been going on since July, before the lawsuit was filed Sept. 26 in Pulaski County Circuit Court by the Arkansas Public Law Center, an organization established to litigate "issues of broad public importance," say the lawmakers. Questions arose about the legality of the system because reimbursements are supposed to be for actual expenses but some legislators draw the same amount month after month, filing forms that lack details about the purported expenses. Some are for expenses charged by companies the legislator owns. Legislators' salaries are $15,869 a year, except the House speaker and the Senate president pro tempore receive $17,771 each. But lawmakers also are allowed to draw money for mileage, per-diem (meaning "per day") and expenses. Almost all 100 House members and 35 senators do so. The work of the legislative study group may have begun before the suit was filed, but not before reimbursements got major attention - frontpage articles in the Arkansas DemocratGazette in 2010 and early this year pointed out that 20 legislators collected more than $50,000 each, not counting salary, in 2009, and that eight got more than $50,000 each in 2010. For all legislators, the payments totaled $4.7 million in 2010, $5.4 million in 2009. Arkansas constitutional Amendment 70, a pivotal element, sets salaries and says "no member of the General Assembly shall receive any other income for service ... , whether in the form of salaries or expenses. ... Provided further, that no member of the General Assembly shall be entitled to ... reimbursement for expenses or mileage unless authorized by law, documented, and reasonably related to their official duties." House Speaker Robert S. Moore Jr. of Arkansas City and Senate President Pro Tempore Paul Bookout of Jonesboro wouldn't reveal which lawmakers make up the group that's looking at revamping the system [Continued on next page]

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Meanwhile, more legislators have changed their practices. Rep. Tim Summers, RBentonville, said he's canceled his legislative-service contract with his wife's company and will itemize expenses. Arkansas Democrat-Gazette, October 9, 2011

State Rep. Michael Lamoureux of Russellville one of Catletts fellow Arkansas River Valley legislators publicly criticized legislators practice of taking monthly reimbursements as a violation of the State Constitution.
HEADLINE: Leglislators: Expenses are 'not out of line' Though one political group has initiated a protest aimed at state Legislative expense reimbursements, area legislators maintain the reimbursements help them better serve their constituents. Although state law prohibits legislators from receiving income for their service above the set salary, there is a provision for legislators to be reimbursed for "ordinary and necessary" expenses in addition to the per diem and mileage they may receive for attending assembly and committee meetings. The maximum amount for reimbursements is $1,200 monthly, though extra allowances are made for committee chairs and other leadership positions within the Legislature. The problem, summed up by Sen. Michael Lamoureux (R-Russellville), is that "if you're receiving an expense check and you're not spending it on expenses, that's income and it violates the Constitution." That's just the argument proposed by the Arkansas Expense Reimbursement Issue, an initiative by the Conservative Arkansas political action committee. The group is skeptical of legislators claiming the maximum amount reimbursable each month. "The vast majority of Arkansas legislators are billing for the maximum amount 12 months of the year, regardless of whether they are in active session," the group stated on its website. "Think about that: The exact same amount - $1,200 a month - of 'expenses' every single month, including those months the legislation [sic] is not even in session!" The Courier (Russellville, AR), July 29, 2011

Two legislators announced in 2012 that they would no longer use taxpayer dollars to pay companies owned by their family members.
Some lawmakers have service agreements with companies owned by family members, but critics of the practice have alleged that members who claim these reimbursements are skirting a constitutional prohibition on earning income other than their salaries for their services as lawmakers. Some House members - including John Edwards, D-Little Rock, and Tim Summers , RBentonville - last year stopped accepting payments aimed at reimbursing their companies or their spouses' companies for office expenses. Arkansas Democrat-Gazette, March 27, 2012

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Some House members - John Edwards, D-Little Rock; Tim Summers , R-Bentonville, and others - stopped accepting payments last year aimed at reimbursing their companies or their spouses' companies for office expenses. Critics from Campbell to Bernie Skoch of Elkins, the former executive director of the Conservative Arkansas PAC, raised questions about their legality. Arkansas Democrat-Gazette, February 5, 2012

Voted to Give Legislators Pensions after only Five Years in the House
Catlett voted in favor of HB 1250, a House bill that would have allowed legislators with only five years of legislative service to qualify for State retirement benefits allowing members who only serve their maximum six years in the House and never seek a Senate seat to draw a pension at age 65. (HB 1250, Third Reading, 3/29/2011, Failed 28-45, Catlett AYE) HB 1250 failed on the House floor. Under current law, legislators must serve a minimum of ten years to qualify for a pension. According to the Arkansas Democrat-Gazette, HB 1250 would allow a legislator who had served six years in the House to receive between $150 and $200 per month ($1,800 to $2,400 per year) for life upon reaching age 65. If this bill had passed, Catlett would only be about three years away from pension eligibility.
HEADLINE: Legislators' benefits bill advances Legislators gave a go-ahead Monday to a bill that would allow them to qualify for state retirement benefits after serving five years instead of the 10 required by current law. The Joint Committee on Public Retirement and Social Security Programs recommended House Bill 1250 by Rep. Randy Stewart, D-Kirby. "I don't think it is self-serving," Stewart told the committee. "I think it is a fairness issue. [Lawmakers] are getting no more or no less than any other state employee" in the Arkansas Public Employees Retirement System State Rep. Tim Summers, R-Bentonville, said he opposed "someone in my situation ... being eligible for any benefits after six years. I don't want to have to vote against this for what it does for people with military service, however." Stone said Summers could withdraw his contributions to the system after his service in the Legislature ends and "never draw a benefit." Stewart said he would get "no benefit" from the bill if it's enacted because he's a former school teacher and he gets credit for reciprocal service through the Arkansas Teacher Retirement System. He said he's already purchased credit for his military time. [Continued on next page]

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Lawmakers who have served at least five years in the Legislature couldn't draw a benefit until they are 65-yearsold, Stewart said. Stone estimated that a lawmaker who only served six years in the Legislature would draw a monthly retirement benefit of about $150 to $200 upon retirement. Arkansas Democrat-Gazette, March 29, 2011

News coverage notes that this HB 1250 would be especially beneficial to military veterans serving in the House, as the State of Arkansas allows retired employees who served in the military to buy additional service credits in order to boost their pensions.
HEADLINE: Legislators' benefits bill advances Stewart said his bill "came about in a round-about fashion" as a result of his service on the Governor's Yellow Ribbon Task Force on veterans. He said the task force "tried to get as good a benefit as possible for our military people." The Legislature has enacted bills to help military retirees purchase credit in state retirement systems for their military service, he said. Lawmakers cannot purchase retirement system credit for their military time until they're vested in the system, he said. Due to the state's term-limits amendment most members of the House never vest "so by default they are prohibited" from purchasing retirement system credit for their military service, he said. House members are limited to serving three two-year terms under the term-limits amendment. Current members of the Legislature include 22 military retirees, Stewart said. "What we are asking here is that the members of the General Assembly be treated as any other state employee," he said. Arkansas Democrat-Gazette, March 29, 2011

Catletts campaign biography confirms that he is a military veteran, having served as an Air Force MP for four years in approximately 1978-1982.
I graduated from Plainview/Rover High School in 1978 and then spent four years active duty in the U.S. Air Force as a military police officer. John Catlett, Arkansas State Representative District 61

Received a Free Trip to Washington DC from the Arkansas Electric Cooperative

The Arkansas Democrat-Gazette reported that Catlett received a free junket to Washington D.C. from the Arkansas Electric Cooperative. This trip was valued at $3,747.

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HEADLINE: Lawmakers' filings detail trips, who footed bills Four other lawmakers reported that the Arkansas Electric Cooperative paid their expenses in May to the National Rural Electric Cooperative Association conference in Washington, D.C. They are Reps. Robert Dale, R-Dover ($3,847.04); John Catlett , D-Rover ($3,747.04); and Kelley Linck, R-Flippin ($2,847.65), and Sen. Eddie Joe Williams, RCabot ($3,875.08). The cost for Catlett, Dale and Williams included the cost of their spouses, according to electric cooperatives lobbyist Carmie Henry's expense report. Arkansas Electric Cooperative is based in Little Rock and provides power for about 490,000 members of Arkansas' 17 electric distribution cooperatives, according to its website. Williams said, "Our job is to help legislation to make sure we are going to burn [coal] clean and make it economical." Arkansas Democrat-Gazette: Northwest Edition, March 11, 2012

Catlett also received a $500 contribution from the Arkansas Electric Cooperative. Date Contributor 1/12/2012 Arkansas Electric Cooperatives, Inc Amount $500.00

Arkansas Ethics Commission Enforcement Actions No Results

A search of the Arkansas Ethics Commission website found no penalties or violations against Catlett.

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SECTION II: PUBLIC POLICY ISSUES

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Tax Issues
Catlett Called New Taxes Out of the Question at the Beginning of the 2011 Legislative Session
In January of 2011, just as the legislative session was kicking off, the Russellville Courier reported that Catlett had ruled-out supporting any tax increases with the economy the way it is.
HEADLINE: Catlett wary of new taxes Local legislators speak about taxes, redistricting and more The second week of the 88th General Assembly is well underway, and the legislators from the Arkansas River Valley are busy researching issues such as taxes, highway funding, Medicare and prison overpopulation. Although House speaker Rep. Robert Moore, D-Arkansas City, told the Associated Press he intends to garner support for a tax increase to fund highways, local legislators are wary of implementing any new taxes this season. In these times, with the economy the way it is, any tax increases are just out of the question, and thats the feeling across the board in both houses, said Rep. John Catlett , DRover. Russellville Courier, January 19, 2011

Catlett Was Caught Flip-Flopping on Capital Gains Repeal

On the House floor, Catlett voted in favor of HB 1002, a bill to reduce the States capital gains taxes. (HB 1002, Act 225, Third Reading, 2/16/2011, Passed 53-43, Catlett-AYE) However, Catlett immediately entered a letter into the House Journal stating that he had voted for HB 1002 in error by pressing the wrong button on his voting machine, and that he had intended to vote no on the bill.
HEADLINE: Capitol letters: Righting wrongs - Legislators note intended votes After voting for a bill to exempt some capital gains from state income tax, Rep. John Catlett wrote a letter in which he said he meant to vote against it. The Rover Democrat's letter was dated Feb. 16, the day he voted for House Bill 1002 by Rep. Ed Garner, RMaumelle, the capital-gains exemption, which later died in a Senate committee. Addressed "To Whom it May Concern," the letter says, "I am writing in regards to my Yes vote on HB1002. It was my intention to vote no and it is my recollection that I pressed the appropriate button [on the vote machine], however my vote was not recorded correctly." Arkansas Democrat-Gazette (Little Rock, AR), April 17, 2011

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Apparently, Catlett never thought this letter changing his position on HB 1002 would see the light of day two months later, he was caught bragging about his vote in favor of HB 1002 because he felt [HB 1002] would be good for Arkansans. Once Catletts letter stating his opposition to HB 1002 surfaced, Catlett was forced to backtrack claiming that he had actually changed his mind on the bill several times and admitting that he had been indecisive.
HEADLINE: Capitol letters: Righting wrongs - Legislators note intended votes AMBIVALENCE Catlett's letter surfaced publicly last week. That happened after he was quoted in the Arkansas Democrat-Gazette saying that he voted for Garner's bill because he "felt it would be good for Arkansans." He also was quoted as saying he had "mixed emotions about it." He was one of nine House Democrats who voted for the legislation, which was supported mostly by Republicans and opposed mostly by Democrats, when it cleared the House in 5343 vote. Catlett explained last week that he changed his mind several times about how to vote on Garner's bill. He was going back and forth between the "aye" and "nay" buttons on the voting machine; lawmakers are free to do that. When the presiding officer tells the clerk "cast up the ballot, Mr. Clerk," the clerk locks in the "aye" and "nay" buttons that are in the pressed position at that moment. Why'd he decide to write the letter? "After thinking about it a little bit, I decided, 'Shoot, I shouldn't have voted for it,'" Catlett said. He said he hasn't heard much from constituents about the vote. "I am sure political adversaries are going to twist it how they want to twist it," he said. "I am normally not indecisive, but I was torn about making that vote." Because of its effect on the state budget and the speculative nature of its economic benefit, he said, he will vote against the legislation if he gets to vote on it again. "It is all a learning process," said Catlett, one of 10 first-year representatives to write letters to place in the journal, for a total of 14 letters. Arkansas Democrat-Gazette (Little Rock, AR), April 17, 2011

Co-Sponsored a One-Half Cent Sales Hike for Infrastructure

Catlett co-sponsored and voted for a measure to place a 0.5% sales tax hike on the November 2012 ballot (HJR1001, Ordered Transmitted to Senate, 3/24/2011, Passed 62-25, Catlett-AYE). If passed, revenue from this tax measure will be used for the purpose of constructing four-lane highways in Arkansas and paying back $1.3 billion in general obligation bond debt.

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HEADLINE: Ark. Senate votes to send road sales tax to voters Arkansas lawmakers have voted to put a half-cent sales tax to pay for road improvements on the 2012 ballot. The Senate voted 22-10 and gave final approval Thursday to referring the proposed constitutional amendment to voters. If approved -- the half-cent sales tax would pay for a bond program to pay for the state's roads and to create a four-lane highway system around the state. The tax would only be in effect for 10 years. The measure is part of a $2.8 billion highway improvement package supported by House Speaker Robert Moore that's intended to improve the state's highways. Lawmakers have already approved legislation allowing the governor to place a five-cent diesel tax increase on the ballot to pay for another highway bond program. The Associated Press, March 31, 2011

The Westside Eagle Observer wrote about how the initiative would also go to cities and counties for street repair. It also says that the measure has already been endorsed by a number of statewide organizations but does not name any of them.
The funding proposal package also includes HJR 1001 , by Rep. Jonathan Barnett. It would refer a constitutional amendment to the November 2012 ballot, levying a temporary half-cent sales tax to finance a 10-year bond issue. This would generate $1.8 billion for a five-year construction and improvement plan for fourlane highways connecting all parts of the state. The tax would expire when the bonds are retired and cities and counties would each receive $34.7 million annually over the life of the bond issue. The amendment would also create a permanent State Aid Street Fund of approximately $20 million annually from one-cent of the existing per-gallon motor fuel tax. This does not require a new tax, but would make new revenue available for city streets. The State Aid Street Fund complements the existing onecent county aid fund. The plan has been endorsed by numerous statewide associations. Westside Eagle Observer, March 9, 2011

State Rep. Andrea Lea (R-Russellville), one of Catletts fellow Arkansas River Valley legislators, opposed the sales tax hike on the basis that it had been made very clear in the last election that [voters] did not want any more taxes.
HEADLINE: Highway tax could bring $24.6M to Arkansas River Valley Voters in Novembers general election will have the option to vote for or against a half-cent statewide sales tax, which would provide for the issuance of up to $1.3 billion in bonds. The bonds would be repaid in approximately 10 years, at which time the temporary sales tax would end. The bill also provides for one cent of the current motor fuel tax to be dedicated to the State Aid Street Fund after the culmination of the temporary tax [Continued on next page]
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Area legislators divided Several area legislators, though not all, signed on as co-sponsors of the House bill that calls for the election. Rep. John Catlett, D-Rover, said our roads are just deteriorating and the sales tax offers a solution to provide needed repairs. However, the provision to allow the matter to go before a public vote was important to him. I didnt necessarily think the legislature should raise the sales tax, (but) give people an opportunity to vote up or down on it, he said. Catlett acknowledged though he believes good roads and infrastructure is important to bringing in new jobs, the economy remains tight and some citizens may be unwilling to add an extra tax burden. I think the people should have the opportunity to say yes, we want this, or no, we dont, he said. ... I think it should be left up to the people to decide what they want. Reps. Betty Overbey, D-Lamar, and Robert Dale, R-Dover, were also listed as co-sponsors of the bill. Neither returned calls for comment Thursday. Rep. Andrea Lea, R-Russellville, said she voted against the bill proposing the sales tax increase to fund highway improvements. She said she opposed to bill for two reasons, one, its a sales tax. Second, it has a sunset clause, but I havent met a tax yet that actually sunsetted. She acknowledged funding was needed to make highway repairs, but did not think a sales tax, which said was not a long-term solution, was the right answer. Lea noted one proposal presented during the Legislatures 2011 session by Rep. Duncan Baird, R-Lowell, which would reroute existing fines and fees to highway funding. She said Bairds proposal would have provided a long-term solution without raising taxes. To me, the mood was very clear in the last election that they (voters) did not want any more taxes, so to me it was very simple, Lea said. Russellville Courier, January 13 2012

Voted for 5-Cent Diesel Tax to Finance Road Construction in 2011

Catlett voted in favor of HB 1902, a tax increase which would have levy a 5 cent-per-gallon tax on diesel fuel if approved by voters during the November 2012 statewide election (HB 1902, Third Reading, 3/11/2011, Passed 67-24, Catlett-AYE; HB 1902, Concurrence in Senate Amendment #1, 3/25/2011, Passed 81-5, Catlett-AYE; HB 1902, Concurrence in Senate Amendment #2, 3/25/2011, Passed 81-1, Catlett-AYE). Revenue from this tax would finance $1.1 billion in highway construction bonds.

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HEADLINE: House votes to put diesel tax on ballot Twin Lakes Area lawmakers split Friday on a proposal to let Arkansas voters decide if they want to add a 5-cent tax on diesel fuel to fund improvements and maintenance for state highways. House Bill 1902, sponsored by House Speaker Robert Moore, passed on a 67-24 vote with eight members not voting. Three area legislators - Rep. Kelley Linck, R-Flippin, Rep. John Burris, R-Harrison, and Rep. Tommy Wren, D-Melbourne - supported putting the issue before the voters. Rep. Karen Hopper, R-Mountain Home, and Rep. Lori Benedict, R-Sturkie, opposed HB1902. The measure now goes to the Senate. According to The Associated Press, Moore told members that the tax would generate $1.1 billion for highway upkeep. He said the work would improve safety, promote economic development and create jobs. The bill is part of Moore's highway plan, which also calls for referring a half-cent sales tax to voters that would fund a four-lane highway system connecting all parts of the state. That proposal is expected to go before a House committee next week. The Baxter Bulletin (Mountain Home, Arkansas), March 12, 2011

Several Senate Republicans opposed the diesel tax, arguing that if the Arkansas Trucking Association wanted more funding for the roads, they should donate to the state government.
Republicans opposed to the bill scoffed at the argument that it should be approved because of support from business groups such as the Arkansas Trucking Association, which says it will campaign for the measure if it reaches the ballot. "Make a donation to state government if they truly want to help roads in Arkansas," Sen. Jonathan Dismang, R-Beebe, said before voting against the proposal. The Trucker, March 25, 2011 The trucking industry has come out in support of the bill . Sen. Jonathan Dismang, RBeebe, said there is no need to increase taxes if the trucking industry wants to fund road repairs. "Let them do it on their own. They have all the free will they want to make a donation to state government if they truly want to help roads in Arkansas," he said. Arkansas Democrat-Gazette, March 25, 2011

This tax measure has since been removed from the November 2012 ballot.

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Voted to Double Car Title Fees to Fund State Employee Pension System in 2011
Catlett voted for SB 183, a bill to double vehicle title fees to prop up a state public safety employees pension fund that had been bailed out two years earlier and which already is projecting a need for further state funds in 2013. (SB183, Act 718, Third Reading, 3/23/2011, Passed 63-20, Catlett-AYE), was rejected by half of the state Senates Republican members because it increased vehicle fees by $4.6 million. News coverage described the pensions as a consistent problem that has not been substantively solved by the legislature.
The Arkansas Senate voted Tuesday to double fees for car titles to help increase funding for the Arkansas State Police retirement system, a step that Gov. Mike Beebe said was needed to keep the struggling pension system solvent. By a 27-7 vote, the Senate approved the increases, which are expected to raise an additional $4.6 million annually for the pension system. The proposal would increase car title certificate and duplicate title certificate fees from $1 to $2, and would increase title application fees from $4 to $8 The Legislature two years ago used $9 million from the state surplus to help keep the program solvent. I know nobody is excited about raising any fees, said Lamoureux, R-Russellville. The state police pension program has struggled for years. In 1997, lawmakers changed the retirement system so it would pay less in benefits to participants and survivors. Then in 2009, lawmakers approved the one-time money for the program and also approved merging its assets with the Arkansas Public Employees Retirement System. The seven votes against the bill in the Senate were Republicans, who hold 15 of that chambers 35 seats. Associated Press, February 8, 2011 The 2011 Legislature increased motor-vehicle title fees to raise about $4.6 million a year for the Arkansas State Police Retirement System, but the system's executive secretary said Thursday that the system likely will need more from the Legislature in 2013 Stone said it's "highly likely" that the system will have to ask the 2013 Legislature for more money "unless we have money just fall out of the sky." The members are state troopers, and ultimately their employer is taxpayers, who pay court fees, taxes on insurance premiums, driver's license reinstatement fees, and other costs that produce revenue that the state uses to fund the system. Arkansas Democrat-Gazette, November 18, 2011

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Voted to Collect Sales Taxes from Online Retailers

Catlett voted to make out-of-state retailers collect sales and use tax for purchases made online if they sell more than $10,000 of products in the state. SB 738 passed the Arkansas House by a 69-28 vote with Catlett voting in the affirmative. (SB 738, Act 1001, Third Reading, 3/30/2011, Passed 62-28, Catlett-AYE) This would only affect retailers with nexus in the state which would cause large online companies like Amazon to eliminate affiliate programs or face an increase in taxes.
A Senate bill approved on Thursday could have Arkansans paying sales tax for purchases made over the Internet. Senators voted to require many out-of-state online retailers to collect sales taxes the same way in-state stores do, a move that is pitting the world's largest retailer against online stores and anti-tax activists. The bill, approved on a 26-7 vote, with two not voting, would require out-of-state online retailers to collect Arkansas sales taxes if their annual sales in the state exceed $10,000. The measure would apply to retailers with online affiliates in Arkansas, who directly or indirectly refer customers for a commission or some other consideration. Sen. Johnny Key, R-Mountain Home, and Sen. Missy Irvin, R-Mountain View, voted against the measure, Senate Bill 738. Under current law, customers are required to pay state sales taxes on items they buy online but the burden is on them to report and pay the taxes to the state, Files said. "This bill is not a tax increase," Files said. State officials say the change would have a minimal financial benefit to the state, and said it would depend on the response of online retailers such as Amazon.com. When similar legislation was enacted in Rhode Island and North Carolina, Amazon ended its affiliate program so it could continue selling in the states. A spokesman for Amazon did not respond to a request for comment. The Baxter Bulletin (Mountain Home, Arkansas), March 12, 2011 The Arkansas Senate voted Thursday to require many out-of-state online retailers to collect sales taxes the same way in-state stores do, a move that is pitting the world's largest retailer against online stores and anti-tax activists. The bill, approved on a 26-7 vote, would require out-of-state online retailers to collect Arkansas sales taxes if their annual sales in the state exceed $10,000. The measure would apply to retailers that have online affiliates in Arkansas, who directly or indirectly refer customers for a commission or some other consideration The proposed change faces heavy opposition from Americans for Tax Reform. Grover Norquist, president of the anti-tax group, told lawmakers in a letter dated Wednesday that the change would harm businesses more than level the playing field. In the letter, Norquist said as many as 1,800 online affiliates could lose business if Amazon and other retailers severed the contracts in response. If no online retailers sever their ties with affiliates, the proposal would amount to a net tax increase, Norquist warned. Associated Press, March 10, 2011
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AFP Arkansas opposed SB 738, calling it a tax hike.

But a spokesman for Americans for Prosperity, Elizabeth Aymond, said the group opposes the bill because of its effect on consumers. She likened the measure to a tax increase and said that in the current economic climate this is no time for that. Arkansas Democrat-Gazette, March 10, 2011 HEADLINE: Online buys will include sales taxes - State law applies to sellers with presence or 'affiliate' When the bill was pending in the state Legislature, it drew opposition from the Arkansas chapter of Americans for Prosperity, a national group that seeks to limit government growth. Teresa Oelke , the group's Arkansas director, said that "there's legitimate fairness arguments on both sides of this issue." Her group's focus, however, was on state government, which she said is "already growing at an unsustainable pace." "At a time when there's a downturn in the economy, you certainly don't want to take more money out of pockets and put it into government coffers," she said. As an alternative, Oelke said, the group proposed that, if passed, the additional funds collected under the bill be used to reduce other taxes. Arkansas Democrat-Gazette: April 10, 2011

Following the passage of SB 738, online retailer Overstock.com announced that it would be pulling out of all of its contracts with Arkansas-based affiliates in order to avoid paying this tax.
HEADLINE: Overstock.com ending Arkansas contracts over tax law Overstock.com announced Friday that it will cancel ad contracts and dealings with affiliates in Arkansas after Gov. Mike Beebe signed into law a bill that will require online retailers to deliver sales tax just as all businesses in the state do, according to multiple sources. Senate Bill 738 was created to ensure that the state's businesses are on level ground with large online retailers who have not before collected state sales tax but have maintained the tax is voluntary. Arkansas Democrat-Gazette, April 9, 2011

Voted to Allow Local Governments to Raise Taxes to Fund Redevelopment and Pensions
Catlett voted in favor of SJR 5, a proposed constitutional amendment to allow city and county governments to raise sales taxes and issue bonds to eliminate unfunded pension liabilities in closed pension systems, as well as to pay for improvement districts.
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The final passage of SJR 5 would allowed the issue to be placed on the November ballot. (SJR 5, Third Reading, 4/1/2011, Passed 51-39, Catlett-AYE) Arkansas Times editor Max Brantley termed SJR 5 the Corporate Welfare Amendment and claimed it had passed because of Democrats from cities with developers aching to score some free cash for their projects.
HEADLINE: Corporate Welfare Amendment Revived, Passed As I predicted yesterday, the House made another run at SJR 5 , Sen. Jake Files' proposed constitutional amendment that would set up a corporate welfare scheme for retail stores, hotels and restaurants. They could be subsidized by bonds paid off by local sales taxes collected in redevelopment districts. It was killed yesterday with only 19 "ayes," but Rep. Ed Garner successfully moved for expungement of the vote. He then argued for its passage first on the strength of a minor police and fire pension fund element. This pension issue was just the Trojan horse for the real aim to set up yet another tax giveaway to private business. The national record is littered with a) gifts such as these to companies like Walmart that don't need public subsidies and 2) failed shopping centers built with such money, notably a number with Bass Pro Shops as anchors. Rep. Jim Nickels noted again that the amendment allows use of existing sales taxes to benefit private interests without a vote and that it also allows the state or local governing bodies to impose taxes to pay for bonds without a vote. The bull is running deep. Garner and Rep. Jon Woods claimed this would redevelop blighted areas. The record doesn't offer much encouragement for that. The bonds would be obligations of local government if projects failed. The money can be spent without limit on anything, including a building for a private business. You could call it socialized retail, except that the government pays the costs, the private business keeps the profit. Nickels also objected to the state stepping in to bailout underfunded local pension promises. He further raised a good question about a portion of the amendment allowing eased financing for local governments. He said none of this had been debated in committee. The amendment would allow a city board to declare the entire city a redevelopment district to capture all sales tax revenue for diversion to private economic development. "If it's such a good economic development project, where's the private sector" Nickels asked. "Why do they have to come to the public trough to get their money?" Why? Because that's the Arkansas way. Working people pay full price. Corporations get subsidies from the toil of working men and women. The amendment was approved 51-39, exactly the number required. The critical Democratic votes that passed the amendment included several from cities with developers aching to score some free cash for their projects Jonesboro, West Memphis and Fort Smith. Speaker Moore's decisive vote was a real disappointment given his otherwise sterling session. PS Sponsor Files is a real estate developer. Look for him to have some nifty ideas on how to use taxpayers money if Arkansas pigeons approve it. Max Brantley in the Arkansas Times, April 1, 2011 (emphasis added)
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John Theis, assistant state revenue commissioner, warned that SJR 5 would be burdensome for businesses in the State.
HEADLINE: Joint Committee Backs Amendments Senate Joint Resolution 5 by Sen. Jake Files, R-Fort Smith, which would authorize cities and counties to create special economic districts and issue bonds for retail projects, was recommended after two officials with the state Department of Finance and Administration spoke against the proposal. Tim Leathers, deputy DF&A director, told the panel the proposal would allow cities and counties to tap into state general revenue to pay off bonds. "This is getting into the state treasury and bonding the state's general revenue that goes to fund essential state government out there," Leathers said. "There is no new tax, they are taking state revenues to do this." John Theis, assistant state revenue commissioner, said the proposal would "be burdensome" for business reporting sales taxes. It also could put the state in jeopardy of not complying with the streamline sales tax agreement, adopted by Arkansas and more than 20 other states which specifies that sales taxes will be charged at the point of destination and not the point of sale. Files disagreed, saying that the same amount of tax revenue would go to the state, but the additional revenues generated by the new development would be used to pay off the bond. " SJR 5 provides Arkansas some economic development tools to be competitive when looking to attract non-industrial developments, mainly hotel, entertainment and retail," Files said. "It's main purpose is to establish redevelopment districts, which may be in any blighted or vacant areas with which to issue sales tax anticipated revenue bonds." Southwest Times Record, March 23, 2011

News coverage of other ballot measures confirms that SJR 5 will appear on the November ballot. It will be Issue 2.
Senate Joint Resolution 5 of 2011 by Sen. Jake Files, R-Fort Smith, would authorize cities and counties to create districts for development and redevelopment projects, and to issue bonds payable from the city and county sales taxes. It also authorizes a city or county to issue bonds and levy a local sales tax to retire unfunded liabilities of "closed local police and fire pension plans" with the approval of voters. It will be Issue 2 on the ballot, Adcock said. Nelson submits gas-tax petition - 69,717 signed to get rise on ballot, he says, Arkansas Democrat Gazette, July 7, 2012

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Voted to Allow Cities and Counties Hold Special Elections to Raise Sales Tax for Economic Development
Catlett voted to allow Cities and Counties the ability to hold special elections to raise sales and use taxes to fund economic development and re-development projects. HB 1898 passed the Arkansas House 88-5 with Catlett voting yes on the bill. (HB 1898, Act 828, Third Reading, 3/18/2011, Passed 88-5, Catlett-AYE) This money could also be used to issue bonds.

Voted to Allow the State to Extend the 3-Cent-Per-Month Phone Tax to Cell Phones
Catlett voted to allow the Arkansas Public Service Commission to levy up to a three cent per-month fee on every cell phone line to go to a fund that buys telephone equipment for the hearing impaired. (HB 1062, 3rd Reading 2/3/2011, Passed 71-25, Catlett-AYE) A three cent fee is already assessed to landline phone for this purpose.
The Arkansas House has voted to allow the state to charge cell phone users the same fee that is attached to landline phone bills to help pay for equipment to assist the hearing-impaired. The House voted 71-25 on Thursday to allow the Public Service Commission to charge up to 3 cents per month to cell phone and landline phone users to support a fund that buys equipment to help the hearing-impaired communicate by telephone. A fee of 3 cents a month is currently charged to landline customers but not cell phone users. Among those voting yea on House Bill 1062, according to the General Assembly's website, were Rep. Karen Hopper, R-Lakeview, Rep. Kelley Linck, R-Flippin, Rep. Lori Benedict, RSturkie and Rep. Tommy Wren, D-Melbourne. Rep. John Burris, R-Harrison, voted nay on the measure. Rep. Buddy Lovell, D-Marked Tree, said his proposal would help distribute the fee among all phone users. He said the PSC has indicated it will lower the fee to 1 cent per line if the legislation passes. The Baxter Bulletin (Mountain Home, Arkansas), February 5, 2011

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Other Fiscal Issues

Voted for Two Annual Budgets during His House Tenure
During his two year career in the Arkansas State House, Catlett has voted in favor of two budgets. The following chart shows Catletts votes on the Revenue Stabilization Law Amendment Acts. Budget Year FY 2012-13 Bill Citation HB 1163, Third Reading, 3/1/2012, Passed 55-25, Catlett AYE SB 136, Third Reading, 3/2/2012, Passed 5427, Catlett AYE HB 1818, Third Reading, 3/31/3012, Passed 78-15, Catlett AYE SB 732, Third Reading, 4/1/2011, Passed 7413, Catlett AYE According to budget expenditure data provided by the Arkansas Department of Finance and Administration, the amount of the General Revenue Fund has stayed more or less the same, while operating expenditures have gone up slightly. Data is not yet available for 2012.
General Revenue Fund $4,439,996,998 $4,220,785,365 Total Operating Expenditures $20,812,730,832 $20,377,858,101

FY 2011-12

Source: Arkansas Department of Finance and Administration

2011 2010

Note: 2010 is included as a benchmark for the year prior to Catlett taking office. Catlett voted on both Revenue Stabilization Acts for the 2012-13 Budget. HB 1163, Third Reading, 3/1/2012, Passed 55-25, Catlett AYE SB 136, Third Reading, 3/2/2012, Passed 54-27, Catlett AYE

House Republicans had opposed the FY 2012-13 budget, stating that the budget did not address an impending Medicaid shortfall.

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The House approved legislation today encompassing a $4.7 billion budget for next fiscal year, over the complaints of some members that the measure avoids action now toward addressing a looming Medicaid shortfall. The 55-25 vote on House Bill 1163, with the identical Senate-approved version already on the House calendar, kept lawmakers on pace to complete a new state budget today, though some legislative leaders suggested there was a remote chance that continuing talks on nonbudget matters could extend the fiscal session into the weekend On the House floor, several Republican members spoke against the budget, saying it did nothing to gird the state against a coming Medicaid shortfall that state human services officials say could reach $400 million. Our vote today is to kick the can down on Medicaid, said Rep. Lane Jean, R-Magnolia. Jean said he was concerned that we have not tried to save money, find savings where we could and put this money back, because at the end of the 2013 fiscal year we are hitting a brick wall and we all know it. Booneville Democrat (Arkansas), March 2, 2012

Voted to Force Counties to Withhold and Transfer Public Employee Union Dues upon an Employees Request
Catliff voted in favor of HB 2060, a bill to allow county employees to request that union dues be withheld from their salaries and to require counties to transmit all dues within five days. (HB 2060, Third Reading, 3/30/2011, Failed 32-49, Catliff-AYE)

Arkansas Chamber of Commerce 2011 Legislative Summary

Voted to Loosen Anti-Spiking Rules for Public Employee Pensions

The Arkansas State House voted to eliminate an anti-spiking provision in the public pension system that would remove long gaps in employment from consideration when determining final salary. While this change only benefits a few workers, it allows someone to leave civil service for eight years and then come back at a higher salary and base their pension off that last year worked. HB 1140 passed 63-25 with Catlett supporting the legislation. (HB 1140, Act 225, Third Reading, 3/1/2011, Passed 63-25, Catlett-AYE)

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Obamacare Implementation Issues

Supported Implementation of Obamacare Health Exchange in Arkansas
In late March of 2011, Republican House members were able to prevent the implementation of a State-run Obamacare health insurance exchange by temporarily blocking the passage of HB 1226, the annual appropriations bill for the Arkansas Department of Insurance. HB 1226 included $1 million in funding for the development of a health insurance exchange, as required by the Affordable Care Act. It was accompanied by HB 2138, a companion bill introduced by House Democrats to establish in statute the States legal authority to set up a health insurance exchange. As an appropriations bill, HB 1226 required 75 aye votes (3/4 of the House membership) in order to pass. This three-quarters vote requirement gave the House GOP their only opportunity in the House to block the implementation of Obamacare in the State. As HB 2138 would not appropriate State funds, it would only require a simple majority in the House to pass. Because Republicans held a minority in the House, they had little chance of blocking HB 2138. Over the course of two days, Republicans were able to block the passage of HB 1226 three times. On each of these floor votes, Catlett voted with his fellow Democrats in favor of HB 1226.

HB1226, Act 1101, Third Reading, 3/29/2011, Failed 53-41, Catlett-AYE HB1226, Act 1101, Third Reading, 3/30/2011, Failed 70-23, Catlett-AYE HB1226, Act 1101, Third Reading, 3/30/2011, Failed 70-19, Catlett-AYE

News coverage from the Arkansas Democrat-Gazette confirms that Republicans voted against HB 1226 for the express purpose of preventing the State from setting up an Obamacare health insurance exchange. Thus, Catletts votes in favor of HB 1226 on March 30 and March 31 were votes in favor of funding Obamacare exchanges.
The state House of Representatives defeated the $72.6 million appropriation for the state Insurance Department on Tuesday because it contained $1 million to help the department prepare a health-insurance exchange that would operate under the federal healthcare law if it survives court challenges. The bill got 53 favorable votes in the 99-member House with 41 against, but 95 percent of appropriation bills need a threefourths majority - or 75 favorable votes - to pass, and this one, House Bill 1226, is one of those. Rep. Stephen Meeks, R-Greenbrier, called for the defeat of the bill, telling the House there was $1 million in it for insurance exchanges and "the folks here in Arkansas said unequivocally that they are against this program. My constituents back home have told me they would rather see the Insurance Department shut down than have this money go forward." [Continued on next page]
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Without the appropriation, the department will have no budget. With no budget, there will be no department. With no department, the 170 or so employees of the department will be out of work. Arkansas Democrat-Gazette, March 30, 2011

After forcing HB 1226 to fail on the House floor three times, House Republicans were able to negotiate a deal with House Democrats. Democrats withdrew HB 2138, which, as noted above, would have provided the State with the legal authority to set up an Obamacare exchange. (Note: It should be noted that HB 2138 never came to a floor vote. HB 2138 was voted on in the House Insurance & Commerce Committee on March 25, 2011, as discussed in the following section) Once Democrats agreed to withdraw HB 2138, they were able to pass HB 1226 with limited GOP support. Again, Catlett voted with Democrats in favor of this bill. (HB1226, Act 1101, Third Reading, 3/31/2011, Passed 83-7, Catlett-AYE). While HB 1226 still included funding for Obamacare exchange, the withdrawal of HB 2138 prevents the State from actually creating the exchange.
HEADLINE: $72.6 million insurance bill clears House; With session's end today, raft of measures advance Thanks to a compromise, the state House of Representatives overwhelmingly approved a $72.6 million appropriation for the state Insurance Department on Thursday, ending a stalemate that had threatened the future of the department and of insurance in Arkansas. A Republican minority of the House had been able to block the legislation because the state constitution requires a 75 percent majority, which is 75 votes in the 100-seat House, to pass most appropriation bills, including this one. House Bill 1226 failed on Tuesday with 53 favorable votes and twice on Wednesday with 70 favorable votes each time before sailing through the House on Thursday 83-7 and going on to the Senate for further consideration in a session scheduled to finish today, its 82nd day. The GOP opposition was focused on $1 million of the $72.6 million. That $1 million would finance the department's work to plan and develop a state health insurance exchange under the federal health-care law. That $1 million remains in the bill. The compromise involves another bill, HB2138, by Rep. Fred Allen, D-Little Rock, which would authorize the department to set up that exchange. Allen withdrew his bill from further consideration in the current legislative session and instead let the Legislature study the health exchange matter in the coming months Stopping Allen's bill does not stop the department from planning for the health exchange, just from actually creating it, according to a department spokesman. The Legislature's approval still will be needed before the exchange is implemented. If the state does not demonstrate progress on setting up its own exchange by January 2013, the federal government will implement and run one for the state, provided the federal law continues in effect. Arkansas Democrat-Gazette, April 1, 2011

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The Republican Party of Arkansas put out a press release claiming victory for killing HB 2138 through blocking the passage of HB 1226.
HEADLINE: State Implementation of Obamacare Delayed; HB 2138 goes to Interim Study, Insurance Department Appropriation Passes Little Rock, Ark. Today, Arkansas House leaders agreed to pull down House Bill 2138, which establishes federally mandated health insurance exchanges necessary to the implementation of Obamacare, and send the legislation to interim study. Delaying immediate passage of the bill ensures Arkansas interests are best protected and our state is in compliance with federal law, Republican Party of Arkansas Executive Director Chase Dugger said. Until the Supreme Court rules on the laws constitutionality or Congress acts, our state should not spend money implementing Obamacare. We now have a year to study the impact of the federal healthcare overhaul, giving lawmakers adequate time to act responsibly in the upcoming fiscal or general session. Republican House Leader John Burris of Harrison said, This decision by leadership helps ensure a slow and deliberate process that is good for the people for Arkansas. The resolution to send House Bill 2138 to interim study came after House Democrats blocked several attempts by Republicans this week to separate $1 million in Obamacare funding from a $72.6 million state Insurance Department appropriation bill. The Arkansas House passed the Insurance Department budget bill Thursday afternoon. Todays compromise is a win for the majority of Arkansans who oppose health insurance being mandated and run by the federal government, Dugger said. Press Release, Republican Party of Arkansas, March 31, 2011

Voted in House Insurance & Commerce Committee to Give the State Legal Authority to Implement Obamacare
The Obamacare authorization bill described above HB 2138 never received a vote on the House floor. However, HB 2138 did receive two committee roll-call votes in the House Commerce and Insurance Committee a first hearing on March 25, 2011, where the bill failed, and a second on March 28, 2011, where the bill narrowly passed (as noted above, Democrats later withdrew HB 2138 as part of their compromise deal to pass HB 1226.) Catlett is a member of this committee. We found video footage of the March 25, 2011 committee meeting through the House Video Archive, which confirms that Catlett voted in favor of HB 2138 in its initial committee hearing. (HB 2138, Passage in the House Commerce and Insurance Committee, 3/25/2011, Failed 10-7, Catlett-AYE) Blog coverage from the Arkansas Times confirms that Catlett voted for HB 2138 during this committee hearing.

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HEADLINE: Insurance exchange bill fails HB 2138 , the bill to set up state insurance exchanges under the federal health reform law, failed to clear committee Friday morning. The vote was 10-7, with 11 needed for approval. Could be another try next week. Jason Tolbert reports that Democrat Rep. Keith Ingram was in the room, but did not vote. What's he trading for? That special language raid on the land commissioner's money for his local community college, maybe? My further information is that another vote is up in the air. There's a great urge to get this session over before there's more mischief in other areas. If it dies at this point, the spin is simple and was articulated in questioning today by Rep. Barry Hyde: Republicans have voted to let the Obama administration oversee health exchanges in Arkansas rather than local officials. Welcome to Obamacare. More details on the meeting from Roby Brock. Roll call on the jump. Note that Republican Rep. Jon Woods, who'd argued for the bill's passage and who some believe was heard to vote aye on the voice vote, did not want a recorded vote for the measure. He voted no. YES (10) Allen Lovell Wilkins Wright Wren Catlett Murdock Wardlaw Hyde Word

Arkansas Times: Blogs, March 25, 2011 (emphasis added)

The House Commerce and Insurance Committee reconsidered HB 2138 three days later, on March 28, 2011. We found video footage of this March 28, 2011 committee meeting through the House Video Archive, which confirms that Catlett voted in favor of HB 2138 for a second time in this committee. (HB 2138, Passage in House Commerce and Insurance Committee, 3/28/2011, Passed 11-7, Catlett-AYE) As noted in the previous section of this chapter, HB 2138 would have provided the State with the legal authority to implement Obamacare health insurance exchanges.
HEADLINE: Panel Rejects Bill On Health-Care Law A House committee Friday rejected a bill that would allow the state to begin creating the rules necessary to implement a health-benefits exchange as part of the federal health-care law. [Continued on next page]
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House Bill 2138 by Rep. Fred Allen, D-Little Rock, which needed 11 votes for approval by the House Insurance and Commerce Committee, fell one vote short. Seven members voted "no." State Insurance Commissioner Jay Bradford later described the vote as "weird," while Gov. Mike Beebe used the word "ironic." Allen said later Friday that he plans to bring the measure back to the committee for another vote Monday. "If we don't do something, the feds will come in and take over our health-care plan, and that's not what the people of the state of Arkansas want," Allen said after the meeting. "They want to be in control. If we're not in control then we're playing right into Washington's hands." The exchange would consolidate health insurance programs and allow people to choose their own coverage. The federal government has said that if states have not implemented their own exchanges or are not at least developing plans for exchanges by January 2013, the U.S. Department of Health and Human Services will set up and control the health exchange that will operate in the state. Friday's vote occurred a day after a Republican lawmaker proposed amending the state Insurance Department's budget to prohibit the agency from spending any money to prepare for the federal law until after the law has been ruled on by the U.S. Supreme Court. Southwest Times Record (Fort Smith, AR), March 26, 2011

Conservatives, Business Groups Opposed Obamacare Implementation in Arkansas

The National Federation of Independent Business Arkansas chapter considered challenging the health insurance exchange implementation as one of their top four victories of the 2011 legislative session. NFIB called health care exchanges a key component of Obamacare. (Note: Presumably, NFIB is referencing the withdrawal of HB 2138 when they claim to have successfully opposed legislation that would have created health-care exchanges.)
NFIB Victories in Arkansas: Here's at look at some of our victories in the 2011 legislative session: Challenged the federal health-care reform act. NFIB successfully opposed legislation that would have created health-care exchanges, which are a key component of the federal law. National Federal of Independent Business: Arkansas, April 22, 2011, Web Site, Accessed 4/13/2012

In 2012, Teresa Crossland-Oelke, the Americans for Prosperity Arkansas State Director, penned an op-ed in the Arkansas Democrat-Gazette outlining the problems with implementing an Obamacare Health Insurance Exchange in Arkansas. Crossland-Oelke argued that the ultimate effect of the health insurance exchange will be to drastically expand the federal government's role in making personal health-care decisions.

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GUEST OPINION HEADLINE: Obamacare's costs - State exchanges trouble in making The Arkansas health-insurance exchange, a key component of President Barack Obama's controversial health-care law, is like the stalker in a 1980s horror movie-just when you think it's over, it springs back to life. Gov. Mike Beebe and his insurance commissioner, Jay Bradford, continue pushing the Obamacare exchange in Arkansas, although the Legislature has repeatedly moved to stop the effort and public support for the exchange is questionable. Most recently, a legislative committee declined to approve the Beebe administration's plan to spend $7.7 million in taxpayer dollars to establish the insurance exchange. Lawmakers are rightly alarmed at how the state's executive branch has ignored their wishes. Taxpayers should also be alarmed, because the exchange is proving to be one expensive proposition. What is a health-insurance exchange? Listening to advocates, it seems simple: An exchange is a website that serves as an online marketplace listing competing healthinsurance plans, where people can compare and purchase plans to suit their needs. But as we've learned since Obamacare was passed two years ago, the politics and realities of the law are a good deal more complicated than they first appear. The exchange will heap thousands of pages of rules, regulations and mandates on Arkansas' insurance market, taking away choices and increasing premium costs. In a study for the state of Wisconsin, Jonathan Gruber, an economist and chief architect of Obama's healthcare plan, found that premiums for some individual plans will spike by 30 percent once the law's requirements are in place. For a fuller understanding of how the health-insurance exchange will allow for a virtually endless and costly expansion of government, look no further than the state's application for the aforementioned $7.7 million grant. Setting up a consumer website should be relatively straightforward. But the grant application illustrates how much more complicated-and pricey-the proposition is. Among the planned expenditures under the most recent proposal lawmakers rejected: o A part-time legal consultant offering two to three days of service per month over the course of a year, at a cost of $37,500; $2.46 million for developing the information technology that would make the exchange work; and a 12-month contract for a consultant to provide "ongoing evaluation" of the project, at a cost of $704,000 over 12 months.

The list goes on, with new personnel, equipment and a small army of contractors and consultants. Many of the costs would live on under future budgets paid for by Arkansans. [Continued on next page]

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The most questionable budget request was $1.5 million for an "outreach and education campaign" designed to "create a positive climate of acceptance of the [exchange] by the general public and the media." It's unsettling, and a little Orwellian, that a government agency would so plainly state its goal of propagandizing a passive citizenry and attempting to co-opt the watchdog media. But it's not surprising, given the low approval ratings of the president's attempt at reforming health care by injecting unprecedented amounts of government control into the system. Recent polls show that, two years after Obamacare was enacted, more than half the nation still opposes the law. An early April poll by ABC News and the Washington Post found Americans opposed the law by a 14-point margin, with 53 percent of respondents expressing opposition. As Arkansas families' health insurance records are turned over to the IRS, the bill's $500 billion tax increases fully kick in and thousands of Arkansans may not be able to keep their health-insurance plans, Obamacare isn't likely to grow any more popular. If the law's proponents hope to "create a positive climate of acceptance," they have a lot of work to do. The ultimate effect of the health insurance exchange will be to drastically expand the federal government's role in making personal health-care decisions. Arkansas will be little more than a paper shuffler and taxpayers will foot the bill. Here's hoping Beebe will join governors in Texas, Kansas, Florida, Louisiana and Wisconsin and decline to implement President Obama's health plan. Teresa Crossland-Oelke, AFP Arkansas State Director, Arkansas Democrat-Gazette, April 28, 2012

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Business Issues
Took $2,000 from the AR Trial Lawyers Association which Opposed the Civil Justice Reform Act of 2003
Catlett reported a total of $2,000 in campaign contributions from the Arkansas Trial Lawyers Association since 2010.
Date Contributor Amount 10/24/2010 AR Trial Lawyers Association $1,000.00 5/3/2012 Impact (Arkansas Trial Lawyers Assn) $1,000.00 TOTAL $2,000.00 Source: Arkansas Secretary of State, Elections Division

The Arkansas Trial Lawyers Association opposed the States landmark 2003 legislation to cap punitive damages (known as the Civil Justice Reform Act of 2003), which passed in the wake of a $63 million punitive damages award against an Arkansas nursing home.
Twenty-three states have laws limiting the size of punitive-damages awards. Six others don't allow them at all, according to the American Tort Reform Association. Derrick McKinney, a spokesman for the organization, said courts in Alaska, North Carolina, Ohio and Texas have upheld punitive-damages caps. The Alabama Supreme Court overturned a punitive damages cap in 1993, but then reversed its decision and reinstated it in 2001, he said. In Arkansas, the Civil Justice Reform Act passed with the support of Gov. Mike Huckabee by votes of 34-1 in the Senate and 71-28 in the House. The law was passed after a $78 million award against Mountain Nursing and Rehabilitation Center of Mena in a wrongful-death case. Of that, $63 million was punitive damages, the most that had ever been awarded in Arkansas at that time. After that, overhauling tort law gained support among Arkansas lawmakers in response to appeals from associations of doctors, nursing homes and insurance companies. The Arkansas Trial Lawyers Association and Arkansas Advocates for Nursing Home Residents criticized the resulting 2003 law as being an unconstitutional and greedy effort to protect accused businesses and doctors. Arkansas Democrat-Gazette (Little Rock), December 9, 2011

More recently, the President of the Arkansas Trial Lawyers Association praised the Arkansas Supreme Court for overturning the Civil Justice Reform Act.

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GUEST OPINION HEADLINE: Supreme Court ruling a win for Arkansans. Arkansas farm families are hailing a recent ruling by our state Supreme Court as a big win against one of the most egregious acts of negligence to hit the state's agriculture industry in recent memory. But the implications go much further than this one case. This ruling is a proclamation to the world that says Arkansas is a state where law-abiding businesses can thrive without fear of corporate wrongdoers trying to gain unfair advantages, that Arkansas is a place that puts Arkansas jobs and businesses ahead of out-of-state foreign companies and, most importantly, that Arkansas is a state that puts its Constitution and people ahead of politics. In case you missed it, the case pitted both Arkansas farmers and Riceland Foods Inc. against the German conglomerate Bayer, which was found to have recklessly tainted Arkansas' rice crop with genetically modified grain. As a result, the market dried up, leaving farm families and the agriculture industry severely damaged. A jury of Arkansans heard both sides of the case and ruled against Bayer. The jurors found that the farmers should get back those losses caused by Bayer, and they also determined that punitive damages were justified as a way of punishing Bayer for its appalling actions and deterring future parties from such catastrophic behavior. It was this action that spurred a media frenzy from the corporate special interests. You see, in 2003 a bill was passed in Arkansas that placed severe limitations on what citizen juries could do to hold wrongdoers accountable. It would appear that some in power had decided it was better to protect negligent corporations than protect the average Arkansan. Nevertheless, the bill passed. One of its provisions was a significant limitation on punitive damages, which are meant to punish particularly heinous behavior and deter it from happening in the future. The bill's supporters said limiting them would protect Arkansas businesses, but in reality, the only parties in danger of seeing large punitive damages were those for whom $1 million is but a small CEO bonus. The truth of the matter is that the bill was a big business bailout, a "get-out-of-jail-free" card that says you can harm Arkansans or Arkansas businesses and the only real punishment you'll receive is a slap on the wrist. Now, I don't know about you, but I've about had my fill of negligent corporations taking advantage of everyday citizens and un-leveling the playing field against those businesses that work hard and play by the rules. These days, newspapers are filled with accounts of Wall Street players, similar to Bayer, flouting the law, acting only in favor of higher profit margins and bigger bonuses. Making laws to protect them not only grows the size of government and increases interference, but it also serves to attack our Constitution and the values our Founding Fathers fought so hard to defend. [Continued on next page]

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In the coming months, we are sure to hear an even greater outcry from the corporate special interests about how a separate, Constitution-abiding judiciary system is "bad" for business in this state. In fact, they've already started, and it is especially disconcerting coming from groups such as the Arkansas State Chamber of Commerce, as this particular court case was about Arkansas businesses versus out-of-state corporations. Why aren't they siding with Arkansans? Could it be that the interests of Arkansas businesses are secondary to the demands of Wall Street in their opinion? In the end, this case signals a win for Arkansans and Arkansas businesses like Riceland. We should be applauding a Supreme Court that actually abides by the language in our Constitution and isn't subject to whatever political breezes happen to be blowing. Our nation, and consequently our state, was set up this way for a reason, and to lobby our Constitution out of existence would be nothing short of treading on the very values this nation was founded upon. Michael Boyd, president of the AR Trial Lawyers Association, .Arkansas Business, December 19, 2011

The Arkansas Chamber of Commerce and the States business community had supported the passage of the Civil Justice Reform Act as a way to improve the States business climate.
The Arkansas Supreme Court struck down an element of a state law enacted eight years ago to limit damage awards against businesses, ruling that the Legislature violated the state constitution when it capped punitive-damages awards. Act 649 of 2003, the Civil Justice Reform Act, set $1 million as the maximum punitivedamages award allowed at the urging of the Arkansas State Chamber of Commerce and other business interests who contended that big awards, or the threat of them, curbed economic development in the state. Arkansas Democrat-Gazette (Little Rock), December 9, 2011

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Public Safety Issues

Co-Sponsored SB 750, a Bill Reducing Prison Terms for Certain Drug Offenders and Petty Criminals
Catlett co-sponsored and voted in favor of SB 750, a bill to allow for the easier release of minor drug offenders and petty criminals. This state purpose of this legislation was to ease overcrowding and reduce costs to the state for the incarceration of these criminals. SB 750 passed the Arkansas House 79-14. (SB 750, Act 570, Third Reading, 3/16/2011, Passed 79-14, Catlett-AYE)
Beebe insists that the bill makes Arkansas, not softer on crime, but smarter. We dont want violent criminals on our streets," Beebe said. "And nobody wants to do anything that adversely affects the public safety of our people. But prosecuting attorneys, especially, objected to parts of the bill. They spotted one section that could make some felons convicted of crimes like arson, incest or negligent homicide, eligible for parole after just 120 days in prison. Beebe says that wasnt intended and was quickly corrected. Another concern dealt with methamphetamine manufacturers, and when they could be given longer sentences. Beebe says thats one area where he gave way to the prosecutors. Weve had to make major changes to still give them the hammer they need under certain circumstances, but that yet results in a major impact on the drivers of this prison population. Under the revised bill, meth cookers are given lesser sentences only if they have 2 grams or less of the drug. The bill still shifts focus to probation and parole efforts, including drug courts which handle drug offenses with intense supervision and rehab. KUAR 89.1 FM, March 2, 2011 Senate Bill 750 , which passed both the Senate and House will reduce sentences for some nonviolent offenses, expand alternative-sentencing programs such as drug court and permit the State Department of Community Correction to restore 49 parole and probation officer positions. Without the bill, prison costs are expected to increase by $1.1 billion over the next decade, but supporters of Beebes plan say it will reduce those costs by $875 million. Costs for the bill now are $9 million, with a third coming from an increase in parole and probation fees and the remaining $6 million from general revenue, with those expenses figured in Beebes balanced budget. Booneville Democrat (Arkansas), April 6, 2011

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Arkansas' new prison reforms, according to Gov. Mike Beebe, are a work in progress. The governor, who advocated major reforms to slow the growth of the state's prison population, made the legislation law this week. But, as he signed the lengthy Senate Bill 750 , he cautioned, "This is kind of new territory. We don't know if this is going to work for sure." "This" is a mixture of changes in the state's sentencing laws and probation programs designed not only to cut the cost of prisons but also to get better results for the money the state spends on corrections. Had the state done nothing, a recent study concluded, Arkansas was looking at spending more than $1.1 billion more over the next decade. The study, done by the Arkansas Working Group on Sentencing and Corrections with guidance from the Pew Center on the States, encouraged steps to reduce the prison population, yet provide more oversight of offenders through probation and parole. The state now spends more than $349 million a year on prisons. And will spent a few million more under the new legislation to add drug courts and more probation and parole officers. The new dollars should help trim the prison population and stem the need for additional prisons. A Pew Center estimate says the state will save $875 million in prison construction and additional operational costs over the coming decade. The fundamental changes, however, aren't just about dollars and brick and mortar. These reforms reflect an attitudinal shift that will allow reduced sentences for lesser offenders and greater efforts to correct behavior through alternative programs, like drug courts. The standard reaction to crime for decades now has been to make the criminal laws tougher, requiring longer sentences and locking people up for all manner of offenses. This legislation is a recognition that such a policy is far too costly and perhaps not as effective as trying to intervene in the lives of early offenders, redirecting them through drug treatment or other alternative programs. Importantly, prison beds will be reserved for violent and career criminals. Even before it was introduced, the legislation hit a rough spot, when some state prosecutors challenged provisions in a draft being circulated among legislators. The state's prosecutors and sheriffs eventually supported the measure, however, and aided its passage. Benton County Daily Record (Arkansas), March 25, 2011

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Touted the Benefits of SB 750 in the Atkins Chronicle

In his July 27, 2011 column in the Atkins Chronicle, Catlett touted the benefits of SB 750. He claimed that the bill would help offenders successfully assimilate back into society.
A group of lawmakers, law enforcement officials and others spent months studying the issue before the General Assembly passed Act 570 in March. It changes sentencing guidelines for non-violent offenses, and it authorizes the expansion of programs designed to help offenders successfully assimilate back into society, reducing the chance theyll wind up back behind bars- programs that have been proven to work. The measure is expected to save the state roughly $875 million over the next ten years. Like other new laws that did not include an emergency clause or specified effective date, it takes effect July27. State officials have spent the last couple of months getting ready for the changes, and they recently provided an update to the House Judiciary Committee. John Catlett in the Atkins Chronicle, July 27, 2011

SB 750 Reduced Minimum Sentences for Cooking Meth and Possessing Heroin/Cocaine in Small Amounts
In March of 2011, the Arkansas Democrat-Gazette detailed how SB 750 would reduce (and in some cases eliminate) minimum sentences for possession and production of hard drugs. For example, prior to the passage of SB 750, the minimum sentence for possessing any amount of methamphetamine under 200 grams was three years. Under SB 750, those in possession of less than two grams of meth could walk away with no jail time. The following is a screenshot of the Arkansas Democrat-Gazettes analysis of changes to these drug sentencing laws. The left side of the chart shows sentence lengths prior to SB 750, while the right side shows sentence lengths prescribed by SB 750.

http://www.arkansasonline.com/news/2011/mar/21/comparing-sentences/

SB 750 made similar changes to the possession of Schedule I & II drugs (including heroin) and cocaine.
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http://www.arkansasonline.com/news/2011/mar/21/comparing-sentences/

http://www.arkansasonline.com/news/2011/mar/21/comparing-sentences/

Voted for a Bill Allowing Criminal Offenses to be Expunged

In 2011, Catlett voted in favor of HB 1608 (enrolled as Act 626), a bill that allows judges to expunge certain misdemeanor criminal charges. (HB 1608, Third Reading, 3/7/2011, Passed 78-10, Catlett-AYE) In the year since HB 1608 was enacted, the law has been used to request expungement of convictions for sexual assault in the fourth degree and driving while intoxicated. The law also allows for the expungement of convictions for negligent homicide battery, battery in the third degree, indecent exposure, public sexual indecency, and domestic battering in the third degree.
HEADLINE: Appeal Of Expungement-Law Ruling Filed In Pulaski County The ruling could affect a number of cases across the state where people convicted of one of seven misdemeanors have filed paperwork with district or circuit court judges asking that their convictions be expunged under Act 626. [Continued on next page]

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Along with driving while intoxicated, the other misdemeanors included in the law are negligent homicide battery, battery in the third degree, indecent exposure, public sexual indecency, sexual assault in the fourth degree and domestic battering in the third degree. In Prairie County, a Carlisle man has asked the Prairie County District Court judge to expunge his conviction on a charge of sexual assault in the fourth degree. The man had been a volunteer coach in Carlisle and was asked to stop because of the conviction. Southwest Times Record, August 11, 2012

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Immigration Issues
Voted against Voter ID
Catlett voted against HB 1797, a bill that would have required Arkansas voters show identification at their polling place to vote. (HB 1797, 3rd Reading 3/21/2011, Passed 53-36, Catlett-NAY) Bill sponsor Rep. Bryan King claimed that this legislation was necessary to prevent voter fraud.
Voters would be asked to show a photo ID before casting a ballot in Arkansas under a bill endorsed Friday by a House committee. House Bill 1797 by Rep. Bryan King, R-Green Forest, cleared the House State Agencies and Governmental Affairs Committee in a voice vote. The vote was not unanimous. King told the committee the bill seeks to prevent voter fraud. He said the need to show a photo ID will not be anything new to people. "We have to use a photo ID to rent movies, board an airplane - even students, and my daughter, have to present a photo ID of who they are when they have to take some of the college entrance exams," he said. Under the bill, election officials at polling places would ask each voter for a photo ID issued by the state of Arkansas or the U.S. government. The ID must have an expiration date and must not be more than four years past that expiration date. A voter unable to provide an ID meeting those criteria would cast a provisional ballot. When voting by mail, a voter would submit with the ballot a copy of a photo ID or a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the voter 's name and address. Similar bills failed in the 2007 and 2009 sessions amid concerns that they would disenfranchise some groups, such as elderly people who do not have driver's licenses. King said he addressed those concerns by including in his bill a mandate for the secretary of state to make voter ID cards available at no charge to anyone 18 or older who does not have a valid driver's license. The bill would authorize the secretary of state to purchase cameras and other equipment for county clerks to use to generate voter ID cards, if funding is available. King's bill would take effect on Jan. 1, 2013, or when funding becomes available, whichever is later. Rep. Jim Nickels, D-Sherwood, said he would like to see the measure accompanied by a campaign to educate voters about the requirement and the option of voting by provisional ballot without an ID . King said he would push for voter education, though it is not part of his bill. [Continued on next page]
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Little Rock lawyer Graham Catlett testified that the American Civil Liberties Union opposes the bill. "Nothing is more fundamental to our democracy than the right to vote," he said. " Voter photo ID impinges on that right. The effect is to disenfranchise older, poorer and minority voters ." The bill goes to the House. Southwest Times Record, March 19, 2011

Voted against Requiring Drivers License Written Exams to Be Conducted in English Only
Catlett voted against HB 2007, legislation that would have required all written exams for drivers licenses be administered in English. The bill failed in a close vote. (HB 2007, 3rd Reading 3/23/2011, Failed 49-37, Catlett-NAY) The sponsor of the bill, Republican Jon Hubbard, pointed out that all of the road signs in Arkansas are in English.
A proposal to bar Arkansas from providing driver's license exams in any language other than English has failed. The proposal by Republican Rep. Jon Hubbard of Jonesboro received a 49-37 vote on Wednesday in the House, short of the majority votes needed to approve the legislation. Hubbard's proposal requires that the written exam only be administered in English . The state currently will provide the written exam in Spanish on request. Hubbard called his proposal a safety issue and noted that traffic and construction signs around the state are in English . Hubbard was the sponsor of legislation rejected by a House panel last month that would have prohibited Arkansas from offering state benefits for illegal immigrants except during emergencies or when life-saving measures are required. Associated Press, March 23, 2011

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Other Issues
Voted against Bill Allowing Home-Schooled Students to Qualify for State Scholarship
Catlett voted against a change to the eligibility for the Governors Distinguished Scholar scholarship. (SB578, Third Reading, 3/30/2011, Failed 33-52, Catlett-NAY) The state only has 300 scholarships to award and if more than 300 students apply then the State looks at class rank and school leadership. Homeschooled students do neither have a traditional class rank, nor do they hold school leadership positions. This leaves homeschooled students at a major disadvantage to wit, no homeschooled students received the scholarship in 2010. The Arkansas Family Council strongly supported SB 578.
HEADLINE: Arkansas House Kills Good Home School Bill Last night at 7:30 pm, the Arkansas House of Representatives killed a bill that would have allowed home school students to compete fairly for the Governors Distinguished Scholar scholarships. SB578 was a bill that both the Education Alliance and the Department of Higher Education agreed upon. It was a noncontroversial solution to a major problem: Overwhelminglyqualified home schoolers being denied their scholarships. Last year we had two National Merit Scholars, with a score of 34 and 35 on the ACT, who were denied the scholarships. The reason? By law, the State only awards 300 scholarships, and if more than 300 students apply, the State looks at the students class rank and school leadership qualifications. Home schoolers dont have a traditional class rank. Home schoolers can be upstanding leaders, but not in the traditional sense at school (i.e. Class President, Student Council, etc.). We didnt even believe the bill would be tremendously controversial. It fixes a very real flaw in the law, and the Department of Higher Education supported it. Representative Johnnie Roebuck (D-Arkadelphia) was the one who lead the effort to kill SB578 along with Rep. Randy Stewart (D-Kirby). Rep. Roebuck indicated her opposition to other supporters of the bill. We offered to amend the bill to address some of her concerns. We were subsequently told by other representatives she still wanted to defeat the bill. Last night, Rep. Roebuck fought SB578 on the floor of the House of Representatives. The bill was voted on, and it failed. Rep. Roebuck then moved clincher on the billa parliamentary dagger through the heart that prevents the bill from being brought back up for consideration. [Continued on next page]

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I dont know why Rep. Roebuck doesnt want home schoolers to receive the Governors Distinguished Scholar scholarship. No home schoolers received it last year. National Merit Scholars were denied. The Department of Higher Education estimates that with the growing number of students applying for the scholarship, home schoolers will likely never receive the Governors Distinguished Scholar scholarship unless the law is changed. Family Council President Jerry Cox, The 2011 Arkansas Legislature, March 31, 2011

Supported Nanny-State Legislation

Voted to Make Cyberbullying a Crime
Catlett voted for SB 214 which made cyberbullying a crime. (SB 214, Act 905, Third Reading, 3/28/2011, Passed 68-19, Catlett-AYE) Catlett voted to increase government regulation of speech and put another law on the books to address a crime that could likely be prosecuted under existing statute.
Senate Bill 214 hopes to make cyber bullying a crime in Arkansas, carrying a misdemeanor charge with a fine if convicted. It targets attacks on computers and phones, including messages on popular social networking sites. KTHV 2, March 16, 2011

Voted to Prohibit the Sale of Herbal Snuff to Minors

Catlett voted to prohibit the sale of herbal snuff to minors. The need for this legislation is questionable and highlights Catletts streak of supporting government intervention in peoples lives. SB 69 passed the Arkansas House 51-32 with Catlett in support. (SB 69, Act 198, Third Reading, 3/3/2011, Passed 51-32, Catlett-AYE)

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APPENDIX A: Bills Sponsored by Catlett

Year 2011 Primary/Co Primary Sponsor Bill HB1316 Description AN ACT TO ALLOW THE ARKANSAS DEPARTMENT OF HEALTH TO UTILIZE RADIO ENCRYPTION TO PROTECT CONFIDENTIAL PATIENT DATA. TO AMEND THE STATUTES REGARDING THE SUSPENSION OR REVOCATION OF A DRIVERS LICENSE; TO AMEND THE STATUTE REGARDING THE PENALTIES FOR UNLAWFUL USE OF A LICENSE; AND TO MAKE TECHNICAL CORRECTIONS. AN ACT FOR THE ARKANSAS AGRICULTURE DEPARTMENT - FORESTRY COMMISSION EMPLOYEE UNIFORM ALLOWANCE GENERAL IMPROVEMENT APPROPRIATION. TO REQUIRE MOTORCYCLES TO HAVE TURN SIGNALS. TO ALLOW A CONCEALED HANDGUN LICENSEE TO KEEP A HANDGUN IN HIS OR HER LOCKED VEHICLE ON HIS OR HER EMPLOYER'S PARKING LOT. TO EXEMPT THE ARKANSAS FORESTRY COMMISSION FROM THE PAYMENT OF FEES AND OTHER LICENSING REQUIREMENTS FOR MOTOR VEHICLES. CONCERNING THE AUTHORITY OF FIRE DEPARTMENTS IN RESPONDING TO HIGHWAY EMERGENCIES, THE RECOVERY OF COSTS IN RESPONDING TO EMERGENCIES, AND CLARIFYING ENVIRONMENTAL RESTORATION. TO DECREASE THE SALES AND USE TAX ON NATURAL GAS AND ELECTRICITY USED BY MANUFACTURERS AND TO DECLARE AN EMERGENCY. TO ALLOW AN ON-DUTY LAW ENFORCEMENT OFFICER OR A PERSON PERFORMING AN OFFICIAL LAW ENFORCEMENT FUNCTION TO OPERATE AN ALLTERRAIN VEHICLE ON A PUBLIC STREET OR HIGHWAY. TO INCREASE THE PROBATIONARY PERIOD OF POLICE OFFICERS SELECTED FOR THE ARKANSAS STATE POLICE. TO AMEND SEVERAL PROVISIONS OF THE LAW CONCERNING MEMBERS OF THE GENERAL ASSEMBLY. TO PROVIDE HEALTH INSURANCE COVERAGE FOR AUTISM SPECTRUM DISORDERS. CONCERNING VISITATION RIGHTS WITH A MINOR CHILD FOR A PARENT LISTED ON THE SEX OFFENDER REGISTRY. TO CREATE A SALES TAX HOLIDAY FOR CLOTHING, CLOTHING ACCESSORIES OR EQUIPMENT, SCHOOL SUPPLIES, SCHOOL ART SUPPLIES, AND SCHOOL INSTRUCTIONAL MATERIAL AN ACT TO REMOVE THE INTEREST RATE LIMITATION FOR BONDS ISSUED UNDER THE AUTHORITY OF AMENDMENT NO. 62 TO THE ARKANSAS CONSTITUTION AND TO DECLARE AN EMERGENCY. Status Passed

2011

Primary Sponsor Primary Sponsor Primary Sponsor Primary Sponsor Primary Sponsor

HB1422

Passed

2011 2011 2011 2011

HB1681 HB1775 HB1873 HB2026

Not Passed Passed Not Passed Passed

2011 2011

Primary Sponsor Co-Sponsor

HB2218 HB1052

Not Passed Not Passed

2011 2011 2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor

HB1151 HB1157 HB1284 HB1315 HB1368

Passed Passed Passed Passed Passed

2011

Co-Sponsor

HB1369

Passed

2011

Co-Sponsor

HB1416

Passed

58

2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor

HB1444 HB1450 HB1477

2011

Co-Sponsor

HB1535

2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor

HB1641 HB1642 HB1643

2011 2011

Co-Sponsor Co-Sponsor

HB1644 HB1645

2011

Co-Sponsor

HB1646

2011 2011

Co-Sponsor Co-Sponsor

HB1647 HB1648

2011

Co-Sponsor

HB1649

2011 2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor

HB1650 HB1651 HB1652 HB1653

AN ACT TO ELIMINATE A GROWING EPIDEMIC IN THE PURCHASE OF PSEUDOEPHEDRINE AND SIMILAR DRUGS. THE ARKANSAS CARBON DIOXIDE STORAGE ACT. AN ACT CONCERNING LIFETIME HUNTING AND FISHING LICENSES FOR MILITARY RETIREES. TO EXEMPT EQUINE HUSBANDRY, MASSAGE, FARRIERY, TEETH FLOATING, TRAINING, ETC. FROM THE VETERINARY PRACTICE ACT AND TO ESTABLISH A CERTIFIED EQUINE DENTAL PRACTITIONER. AN ACT FOR THE DEPARTMENT OF HUMAN SERVICES DIVISION OF BEHAVIORAL HEALTH - COMMUNITY MENTAL HEALTH CENTER GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ECONOMIC DEVELOPMENT COMMISSION GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS SCIENCE AND TECHNOLOGY AUTHORITY GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS CRIME INFORMATION CENTER - ARKANSAS REAL-TIME SCRAP METAL LOGBOOK EXPENSES GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF ARKANSAS HERITAGE - HISTORIC PRESERVATION GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF FINANCE AND ADMINISTRATION - DISBURSING OFFICER - PLANNING AND DEVELOPMENT GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES - ARKANSAS CHILD ABUSE/RAPE/DOMESTIC VIOLENCE COMMISSION STATEWIDE GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF PARKS AND TOURISM - COMMUNITY GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF FINANCE AND ADMINISTRATION - DISBURSING OFFICER - ARKANSAS HUNGER RELIEF ALLIANCE GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF FINANCE AND ADMINISTRATION - DISBURSING OFFICER - GRANTS TO FIRE DEPARTMENTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF HUMAN SERVICES DIVISION OF VOLUNTEERISM - NON-PROFIT SUPPORT GRANT GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF FINANCE AND ADMINISTRATION - DISBURSING OFFICER - CITIES AND COUNTIES GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS AGRICULTURE DEPARTMENT - LIVESTOCK AND POULTRY CAMP COUCHDALE GENERAL IMPROVEMENT APPROPRIATION.

Not Passed Not Passed Passed

Not Passed

Passed Passed Passed

Passed Passed

Passed

Passed Passed

Passed

Passed Passed Passed Passed

59

2011

Co-Sponsor

HB1654

2011 2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor

HB1655 HB1656 HB1657 HB1658

2011

Co-Sponsor

HB1659

2011

Co-Sponsor

HB1660

2011 2011 2011 2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor

HB1661 HB1662 HB1663 HB1664 HB1665 HB1684

2011

Co-Sponsor

HB1712

2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor

HB2048 HB2202 HB2209

AN ACT FOR THE DEPARTMENT OF HUMAN SERVICES DIVISION OF COUNTY OPERATIONS - HOMELESS SHELTER GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF EDUCATION ARKANSAS STATE LIBRARY - BOOKS FOR ARKANSAS STUDENTS' EDUCATION GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF EDUCATION ARKANSAS STATE LIBRARY - STATEWIDE GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS AGRICULTURE DEPARTMENT - ALTERNATIVE FUELS AND ENERGY GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS WATERWAYS COMMISSION GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS AGRICULTURE DEPARTMENT - LIVESTOCK AND POULTRY - STATE FAIR AND LIVESTOCK SHOW GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ECONOMIC DEVELOPMENT COMMISSION - CONSTRUCTION AND OPERATION OF SENIOR CITIZEN CENTERS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE INSTITUTIONS OF HIGHER EDUCATION - CONSTRUCTION, MAINTENANCE, EQUIPMENT AND LIBRARY RESOURCES GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE STATE ATHLETIC COMMISSION - BOYS AND GIRLS CLUBS GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS AGRICULTURE DEPARTMENT- LIVESTOCK AND POULTRY - FAIR GRANTS GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE ARKANSAS NATURAL RESOURCES COMMISSION GENERAL IMPROVEMENT APPROPRIATION. AN ACT FOR THE DEPARTMENT OF RURAL SERVICES - GRANTS GENERAL IMPROVEMENT APPROPRIATION. TO CREATE AN EXEMPTION FROM THE SALES AND USE TAX FOR MATERIALS USED TO BALE, PACKAGE, TIE, WRAP, OR SEAL ANIMAL FEED PRODUCTS. TO EXEMPT EQUINE HUSBANDRY, EQUINE MASSAGE, EQUINE FARRIERY, EQUINE TEETH FLOATING, AND EQUINE TRAINING FROM THE VETERINARY PRACTICE ACT; TO ESTABLISH A CERTIFIED EQUINE DENTAL PRACTITIONER. TO CREATE THE ARKANSAS ACCELERATION FUND WITHIN THE ARKANSAS SCIENCE AND TECHNOLOGY AUTHORITY AND TO CREATE THE ARKANSAS ACCELERATION FUND COMMITTEE. AN ACT TO ENHANCE THE PUBLIC INTEGRITY OF CERTAIN REGULATORY AGENCIES. TO AMEND ARKANSAS LAW CONCERNING THE USE OF PUBLIC FUNDS TO SUPPORT OR OPPOSE BALLOT MEASURES. 60

Passed

Passed Passed Passed Passed

Passed

Passed

Passed Passed Passed Passed Passed Not Passed

Not Passed

Passed Passed Not Passed

2011

Co-Sponsor

HCR1002

2011 2011 2011 2011 2011 2011 2011

Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor Co-Sponsor

HJR1001 HR1037 SB134 SB194 SB276 SB309 SB750

RECOGNIZING NATIONAL FFA WEEK. A TEMPORARY ONE-HALF PERCENT SALES AND USE TAX FOR STATE HIGHWAYS AND BRIDGES AND COUNTY AND CITY ROADS, BRIDGES AND OTHER SURFACE TRANSPORTATION WITH STATE REVENUES SECURING FOUR-LANE HIGHWAY CONSTRUCTION AND IMPROVEMENT BONDS IN HONOR OF THE HISTORIC SIGNIFICANCE OF THE BUTTERFIELD STAGECOACH STOP AT POTTS INN IN POTTSVILLE, ARKANSAS. AN ACT TO AMEND THE ASSESSMENT FEE LEVIED ON HOSPITALS TO IMPROVE HEALTH CARE ACCESS FOR THE CITIZENS OF ARKANSAS. TO AMEND SEVERAL PROVISIONS OF THE LAW CONCERNING MEMBERS OF THE GENERAL ASSEMBLY. TO AMEND THE STATE SALES AND USE TAX RATE ON FOOD AND FOOD INGREDIENTS AND TO DECLARE AN EMERGENCY. TO REGULATE THE ISSUANCE OF CLOSING PROTECTION LETTERS. TO IMPROVE PUBLIC SAFETY AND SLOW CORRECTIONS GROWTH.

Not Passed

Passed Passed Passed Passed Passed Passed Passed

61

APPENDIX B: Notable Campaign Contributions

Industry AGRICULTURE AGRICULTURE AGRICULTURE AGRICULTURE ALCOHOL ALCOHOL BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS DEMOCRATS DEMOCRATS DEMOCRATS DEMOCRATS DEMOCRATS DEMOCRATS DEMOCRATS DEMOCRATS Date 6/19/2012 11/30/2010 9/28/2010 12/3/2010 11/24/2010 1/12/2012 6/21/2012 12/16/2010 12/15/2010 6/6/2012 1/12/2012 1/12/2012 5/15/2010 7/1/2010 2/22/2010 1/5/2012 11/23/2010 4/10/2012 2/1/2012 10/29/2010 1/12/2012 1/12/2012 11/26/2010 1/30/2012 1/12/2012 4/4/2012 6/19/2012 6/19/2012 3/19/2012 6/19/2012 3/31/2012 2/9/2012 6/19/2012 1/5/2012 6/12/2012 1/12/2012 12/7/2010 9/24/2010 11/3/2010 5/3/2012 5/3/2012 12/6/2010 12/15/2010 1/21/2012 5/14/2012 5/14/2012 8/25/2010 6/7/2010 3/15/2012 10/19/2010 12/6/2010 1/12/2012 12/9/2010 10/7/2010 8/4/2010 Contributor Dixon Cattle Company Poultry Federation PAC T Akin LLC Tyson Wholesale Beer Distributors of Arkansas Associates Wholesale Beer Distributors of Arkansas Associates ACXIOM Corporation AR Bankers Assn AR State Chamber of Commerce Arkansas Beverage Retailers Assn. Arkansas Cable Telecommunications PAC Arkansas Electric Cooperatives, Inc Arkansas Realtors Association Arkansas Realtors PAC Arkwest Communications Arkwest Communications ARLTA Legislative Fund ARPAC AT&T AR Employee PAC Better Roads PAC (Assn. of General Contractors) CATLETT TOWER PARTNERSHIP Centerpoint Energy, Inc. Centurytel, Inc. Centurytel, Inc. Construction Advancement PAC Cox Communications DBH Management Consultants PAC Eli Lilly and Company Friedkin Business Services George Termite & Pest Control, Inc. Kraft Foods Global, Inc. Local Railroads of Arkansas Inc New Blaine General Store, Inc. P.T. Sanders R-G Joint Ventures LLC STEPHENS INVESTMENT HOLDINGS, LLC The Stephens Group Union Pacific Railroad Company Union Pacific Railroad Company Union Pacific Railroad Company Union Pacific Railroad Company Verizon Communications Wal-Mart Stores, Inc. Wal-Mart Stores, Inc. Western Pilot Service Western Pilot Service Yell County Democratic Party Arkansas Democratic Party Democratic Party of Arkansas Dustin McDaniel for Attorney General House Democratic Caucus PAC McDaniel Leadership PAC Opportunity PAC Pope County Democratic Party Pope County Democratic Women Amount $500.00 $250.00 $500.00 $250.00 $200.00 $200.00 $250.00 $200.00 $250.00 $250.00 $250.00 $500.00 $500.00 $500.00 $1,000.00 $2,000.00 $250.00 $500.00 $500.00 $300.00 $500.00 $250.00 $250.00 $500.00 $300.00 $500.00 $1,000.00 $250.00 $500.00 $200.00 $500.00 $250.00 $200.00 $1,000.00 $250.00 $500.00 $500.00 $100.00 $250.00 $100.00 $100.00 $504.42 $500.00 $750.00 $2,000.00 $2,000.00 $1,000.00 $2,500.00 $2,500.00 $1,000.00 $500.00 $300.00 $150.00 $100.00 $100.00

62

DEMOCRATS DOG RACING HORSE RACING INSURANCE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL OIL OIL TOBACCO TRIAL LAWYER TRIAL LAWYER TRIAL LAWYER

1/12/2012 1/12/2012 5/24/2012 9/24/2010 2/10/2012 12/6/2010 1/12/2012 1/12/2012 4/30/2010 12/6/2010 8/11/2010 2/10/2012 2/10/2012 2/10/2012 2/10/2012 11/19/2010 1/16/2012 11/13/2010 10/24/2010 5/3/2012 5/24/2012

Rep. Johnnie Roebuck Southland Racing Corporation Charles Cella ARSFA PAC Accident & Injury Treatment Center AHC-HPAC AHC-HPAC AP-PAC / Arkansas Pharmacists PAC Arkansas Health Care House Public Affairs Committee Arkansas Medical Society PAC Arkansas Optometric Physicians PAC Capital Health Care Liberty Chiropractic Mid South Health Care PLLC River City Health Care ENPAC Arkansas ENPAC Arkansas Phillip Morris USA AR Trial Lawyers Association Impact (Arkansas Trial Lawyers Assn) McKinnon Law Firm

$200.00 $250.00 $500.00 $250.00 $300.00 $1,000.00 $1,000.00 $250.00 $1,000.00 $250.00 $200.00 $300.00 $300.00 $300.00 $300.00 $250.00 $1,000.00 $250.00 $1,000.00 $1,000.00 $250.00

63