| The Arkansas Taxpayer Shell Game |
The legislative session of the 87th General Assembly
is now in the history books and for the majority of the tax-paying public the
end couldn't come soon enough. I'm sure many of you cringe and protect
your wallet like I do when the legislature convenes. Most of us feel the session is just a new chance for the state to raise
taxes on its citizens. Why is this you may ask, well probably because of
the track record in past sessions.
This session the Governor (fulfilling what he described as a
campaign promise) pushed for the reduction of the grocery tax by an additional
penny but leaving a two cent tax to be reduced or eliminated later. The
question in my mind is why does it have to be a "campaign promise" to get
fulfilled. Why can't it be eliminated because it is the right thing to
do? After all, this tax on food has been a thorn in the side of the public for
decades.
The session was started with the increase of the cigarette
tax, implemented as a "sin" tax and advertised, or promoted, to have a two fold
purpose. First, the tax was to create an incentive to reduce or stop people
from using tobacco and second was to create a revenue stream for a desperately
needed trauma system.
Now here is where the math gets a little fuzzy.
The trauma systems' estimated cost is $30 million, and this
is just the initial capital required. It will cost significantly less to maintain once it
is in place. But we raised taxes on cigarettes by $71 million per year to fund
this initiative. So then the Governor, true to his campaign promise, reduced
the grocery tax by 1% which will reduce the states tax revenue by approximately
$40 million. Regardless of where it comes from or what we are taxing we still
ended up, just between these two initiatives, with a higher net taxation
of $31 million dollars.
At the end of the session, there was a $300 million tax
surplus that HAD to be divided up among the legislators to spend
on their respective districts. Wouldn't it have made more sense instead of
"raising taxes" to reduce the grocery tax by 40 million, sequester the 30
million needed for the trauma system set-up costs, and divide up the remaining
230 million of the surplus to the legislators to use in their districts?
I believe the public is getting very weary of the political
shell games that politicians play with their tax dollars. They do this in order
to have you believe they are keeping promises made during their campaigns in
hopes that the taxpayers will only notice what they want them to see, and not
take the time to stop and realize that the dollar that is saved from one pocket
is only being replaced by two from another. And in the end it only serves as a
way for them to have their cake and keep their promise too. |
| Victim's Rights |
The work of lawmakers every two years includes efforts to streamline
and improve existing acts affecting law and order and create new ones when
necessary. The observance of National Crime Victims' Rights Week is a good
time to take a look back at some of the issues we addressed during the
recently completed 87th General Assembly.
Act 1395 of 2009 amends the habitual offender statute to include
aggravated residential burglary in a list of serious felonies involving
violence and to include it as an underlying felony in the capital murder
statute. The latter means a murder that also includes aggravated residential
burglary as part of the same crime is eligible for the death penalty. Other
aggravating crimes that make murder eligible for the death penalty include
rape and robbery.
Act 332 of 2009 adds an element to the crime of assault. Where it
is shown that a person purposely impedes or prevents the breathing of
another person or the circulation of another person's blood by applying
pressure on the throat or neck or by blocking the nose or mouth of the other
person, a charge of aggravated assault or assault in the first degree may
apply. This act includes a defense to this charge if it can be shown that
the person consented to the impeding or prevention of his or her respiration
or circulation of blood.
Act 974 of 2009 creates Juli's Law. This act provides for the
collection of a DNA sample from people arrested for capital murder,
first-degree murder, kidnapping and both first- and second-degree sexual
assault. This act establishes procedures for the collection, maintenance
and dissemination of the collected DNA samples.
Several states recently have taken similar action amid concerns of
defense attorneys and civil libertarians that the rights of the merely
accused (as opposed to convicted) are being violated or jeopardized. The DNA
sample is supposed to be destroyed and its entry into a DNA data base
removed if the charge against a suspect is dropped or if the person is
acquitted. Federal law enforcement agencies also are planning to collect DNA
from suspects in certain crimes.
Act 194 of 2009 adds penalties levied against a person found guilty
of first-degree domestic battery if he or she knowingly causes serious
physical injury to a family or household member if he or she knows the
victim to be at least 60 years of age or 12 years old or younger.
Act 698 of 2009 amends the Domestic Abuse Act of 1991 to allow the
petitioner seeking an order of protection to omit his or her home or
business address from all documents filed with the court.
Several laws were enacted to make our roads safer from drunk
drivers.
Act 431 of 2009 says a person operating a motor vehicle has been
deemed to have given consent to one or more tests instead of just one test
to determine the presence of alcohol or a controlled substance.
Act 1293 of 2009 provides that for a first-time DWI offender, his or
her driver's license shall be suspended for six months. If the Office of
Driver Services allows the issuance of a vehicle interlock restricted
license, that license shall be available immediately.
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