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Hutchinson to announce private option position, may cut some agency budgets

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story by Roby Brock, a TCW content partner and owner of Talk Business & Politics
roby@talkbusiness.net

Gov. Asa Hutchinson said his mind is made up on the private option and he will make his vision for health care clear on Thursday in a major policy speech. However, he said his current budget proposal – which he is discussing with legislators and will release next week – does not necessarily reflect his private option plans.

“I have formed in my mind where I need to go Thursday, but we’ll make that announcement on Thursday,” said Hutchinson, who is one week into his new term as Arkansas Governor. “I would ask them (private option recipients) and everyone to broaden the debate – to broaden the debate not just within the private option consideration, but all of health care reform. That’s going to be a major part of the emphasis that I have on Thursday.”

Hutchinson is scheduled to speak to the University of Arkansas board of trustees at 10 a.m. on Thursday at the University of Arkansas for Medical Services.

“Don’t presuppose my position on the private option based upon this draft budget that we have. First of all, I have always separated the private option debate and funding mechanism with the tax cuts,” Hutchinson said.

“I delinked them a long time ago,” he added. “Whether you’re for or against the private option, no one envisions an immediate cliff. Most recognize that there’s got to be a transition, so I emphasize that whatever I say in regards to this budget should not presuppose my position that I will announce on Thursday.”

Hutchinson noted that if the private option is ended, the state will have to pick up a nearly 30% tab for straightforward, traditional Medicaid costs – the state’s share to receive federal matching dollars. In the current fiscal year, the private option is paying for 100% of the costs of Medicaid expansion, but that percentage includes funds for some recipients who may not qualify for traditional Medicaid services. In future years, if the private option continues, the state will have to pick up a percentage of federal Medicaid expansion dollars up to 10% in 2021.

Hutchinson said there are several tax proposals enacted in 2013 that go into effect this year that may be delayed as part of his balanced budget plan. He has already stated that income tax bracket reforms may be pushed back to allow for his middle class tax cut.

The governor also said that a new capital gains tax cut, sales tax relief on energy for manufacturers, and a personal income tax exemption may be delayed as part of his tax reform plan. Hutchinson said he is seeking legislative input on possible delays.

“I’ve got my views on that. They’ll be announced next week,” he said. “Let me assure you that all of those tax cuts will not be delayed.”

Hutchinson also said he will use growth revenue and possible cuts to certain state agency budgets to help balance the budget. He singled out no cuts to K-12 education and said there won’t be a 1% cut to higher education, but said other agencies are under consideration.

“There will be certainly some savings,” he said.

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Tyson Foods settles civil suit with Missouri related to fish kill

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story by Kim Souza
ksouza@thecitywire.com

Springdale-based Tyson Foods Inc. has agreed to a $530,000 settlement with the state of Missouri over "unlawful dumping of untreated wastewater" that caused a large (100,000) fish kill near Monett last year.

“We deeply regret the incident in Clear Creek, near Monett, Missouri, this past May. We’ve worked diligently and cooperatively with state and other authorities to make things right, including entering into a settlement agreement with the state. Tyson Foods’ core values include serving as stewards of the environment – in Missouri and every community where we operate – and we take that obligation seriously,” Tyson Foods spokesman Worth Sparkman said in a statement.
 
As part of the civil settlement, Tyson will fund a project that replaces a bridge, which will allow fish and mussels living in Clear Creek to move about more freely. 

“We’re also making a donation to the James River Basin Partnership,” Sparkman said. 

The settlement announced Tuesday (Jan. 20) by Missouri Attorney General Chris Koster provides that Tyson pay the state $162,898 for natural resource damages in addition to $110,000 in civil penalties. Another $11,000 will go toward reimbursing the Missouri Department of Natural Resources for costs and expenses. Tyson also agreed to reimburse the Missouri Department of Conservation more than $36,000 for costs and expenses. The deal also requires Tyson to pay up to $210,000 to replace a bridge over Clear Creek.

The settlement is around 0.07% of the $727 million in net income the company earned in the first three fiscal quarters of 2014.

The accident drew national media attention in May after Tyson received a shipment of wastewater containing a liquid animal feed supplement from another company in facility in Aurora. Mo. 

The meat giant accidentally sent the wastewater to its pre-treatment facility and later discharged the water to the city of Monett's sewer system. The discharge reportedly caused operational problems at Monett's wastewater treatment facility, according to the Missouri Department of Natural Resources report.

Fish along a six-mile stretch of Clear Creek were poisoned by the wastewater discharge which resulted in the lawsuit filed by Koster in June.

"Tyson’s actions threatened the vitality of Clear Creek," Koster said. "While Tyson has taken steps to prevent similar environmental damage to the creek in the future, the penalties contained in this agreement hold the company accountable for the damage that occurred."

In addition to monetary fees, the agreement outlines additional obligations that Tyson Foods must meet. The company must prepare a hazardous waste manifest before transporting hazardous waste in Missouri. Tyson must also allow the state of Missouri to inspect the Monett and Aurora facilities at any time to check for compliance with the law and to monitor the progress of all activities required in the agreement.

Tyson still faces the outcome of the Environmental Protection Agency’s review on this incident. The EPA began a criminal investigation last year to which Tyson said it was cooperating.

Since the accident Tyson Foods reports that it has taken prevention steps to eliminate future incidents. The company set up new requirements and practices to monitor and respond to animal-feed releases at its corporate feed mills.

It also is providing additional hazardous waste and water discharge training to personnel at the Monett and Aurora facilities. It also calls for a summit of managers at all its Missouri facilities to conduct a comprehensive review of environmental issues at those facilities.

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Fort Smith Board OKs trails funding plan, Steel Horse Rally request

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story by Aric Mitchell, special to The City Wire

Civic involvement and undoing a 2015 budget item were front-and-center at the Fort Smith Board of Directors Jan. 20 regular meeting. A full house packed the Fort Smith Schools Service Center with two common refrains directed at city leaders: Live within your means and be more responsible with the general fund.

The evening began with the board approving an ordinance to set the 1% sales and use tax for streets and drainage to a special election. Should voters choose to approve the 1% renewal, the city would ask for 5% to go from streets and drainage to the trails system.

While many spoke in favor of developing trails and bikeways, some urged the city to reconsider the funding method. Jerry Fleming with S.O.S. Fort Smith (Save Our Streets), spoke against moving 5% to the trails system.

“We are 100% in favor of a renewal of the 1% sales tax for streets and drainage. We are 100% in favor of the proposed trails system upon condition that no trails funding is taken from the 1% streets and drainage tax fund,” he said.

Fleming offered two alternative proposals: the first, a separate 1/8% sales tax with a five-year limit that would go completely to the trails system. (He estimates the proposal would raise $12.5 million during the five-year period. Numbers were based on data provided by city administration.)

The second proposal would be “that the board, in a public Board of Directors meeting, go on record agreeing to spend no less than 40 percent out of the 1% sales tax for residential streets and drainage and neighborhood drainage projects during the 10-year term of the tax.”

Fleming continued: “All of you know that diverting street overlays and reconstruction will result in even greater cost to rebuild failing systems. You all know that our current levels of overlaying or reconstruction of asphalt streets at six to eight miles annually is woefully short of the 18 miles or more annually needed, as any engineer will tell you, to just maintain the entire system. You all know that any diversion of the 1% sales tax is the equivalent of kicking the can down the road, and that when the can stops, a major tax increase will be necessary to rebuild our street systems that have deteriorated.”

NO HIKE FOR ALCOHOL PERMIT FEES
Also Tuesday night, the board killed a motion to hike permitting fees on Fort Smith businesses that sell alcohol. The adjustments were expected to raise an additional $60,000 and were to be used to fund pay increases for city employees. Six business owners spoke against it. One said the city was treating its alcohol-permitted businesses like “low-hanging fruit.” Another criticized donating $84,000 from the general fund to the Steel Horse Motorcycle Rally while upping fees on business owners. Another pointed out the city's motorcycle rally contribution would be coming from the same fund that was incapable of funding police and fire pensions past 2019.

Business owner Melissa Woodall addressed her feelings on the issue.

“If the government is going to be involved with business, it needs to be to support it,” Woodall said. “To help make it easier to do business. To make it better for business owners, especially with the liquor industry. It is disproportionately small businesses, locally owned businesses, that are going to get hit with this. And it’s a big increase all at once. It’s not fair to target just one industry either. We need the [city] raises. We need to make that happen. But we need to find another place to cut or another source of revenue.”

Ultimately, the motion died with Director Mike Lorenz admitting it was “one of those things that may have been thrown out during budget time that sounded like a great idea and an easy way to raise some money. ... But when you look and see what the effect is of maxing out all the fees to raise $60,000, you’ve accomplished nothing except for hurting small businesses.”

Finally, in a narrow 4-3 vote, the board voted to provide $84,000 in aid to help organize the Steel Horse Rally, a Bikes, Blues, and BBQ-styled event slated for May 1, 2015. Directors Tracy Pennartz, Keith Lau, and Andre Good, voted against the ordinance while directors Lorenz, George Catsavis, Kevin Settle, and Don Hutchings, voted to affirm it.

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Shortening supply chains may create a new reality for trucking sector

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story by Kim Souza
ksouza@thecitywire.com

There’s a fundamental shift underway in the transportation and logistics sector that could shorten the supply chains for shipping companies during the next few years, according to John Larkin, managing director at Stifel Transportation & Logistics Equity Research.

An increase in demand for faster delivery of “last-mile goods” is leading to tighter supply chains with shorter truck trips. Larkin said there are major dynamics at play that start with competitive near-shoring of manufacturing in the United States and Mexico from Asia that is changing the direction of truck traffic to more north-south routes and less of an east-west trajectory.

He said the dominant supply chain model for the past three decades has been to ship products and raw materials from Asia passing through the West Coast ports in containers that are carried Eastward via rail intermodal/trucks to regional distribution centers and then by dedicated truck services out to the retailers.

As labor costs in China have soared in recent years, more North American firms are moving manufacturing closer to their consumer base. The main reasons for onshoring or near-shoring include lower freight costs, improved speed to market, lower inventory costs and better quality control.

Larkin also credits robotic application uses in manufacturing with boosting productivity and efficiencies among U.S. and Mexican factories that help to make them competitive with Asian manufacturers.

E-COMMERCE GROWTH
He adds that a shift in consumer shopping behaviors from in-store to more online will continue have an impact on the trucking sector for several years to come.

The dominant retail model is changing from the Big Box model to include the e-commerce fulfillment models that take goods shipped in container from the ports via intermodal out to fulfillment centers located closer to end users and consumers. These online orders are then shipped to the customer via final-mile carriers such as FedEx and United Parcel Service.

E-commerce sales have seen rapid growth and are now about 10% to 15% of sales today, according to ComScore.com.

Amazon is testing the build out of fulfillment centers located in large metro areas. Larkin said this test model allows consumers to get the product delivered the same day it’s ordered. The delivery is made by the final-mile carriers or in one of Amazon’s delivery trucks. He said this test is being closely watched because it could be a fundamental shift away from the dedicated carrier service provided by most trucking firms.

HUNT REACTS, LOCAL AND 3D
Lowell-based J.B. Hunt Transport, one of the nation’s largest carriers and intermodal providers, launched a final-mile business two years ago delivering and installing equipment ordered online to the end-user homes. The service was expanded to commercial freight hauling everything from pharmaceuticals to restaurant equipment.

Hunt officials said the company saw a niche opportunity to take singular bulk items – treadmills, dishwashers and furniture and other large items that don’t fit on a pallet – the last mile in smaller trucks with well-screened and qualified drivers.

Hunt execs said in 2013 they expected to see e-commerce orders grow and they planned to take advantage with final mile deliveries to the end-users. Logistics insiders said Hunt may have a head-start in the final-mile leg over competitors.

Larkin said the desire for “fresh” particularly in locally grown produce and meats is also likely to reduce the number of miles for carriers in the coming years. He said Wal-Mart is leading this charge because consumers want to buy locally grown products.

And while 3-D printing is still in its infancy, Larkin said it could also reduce the need to move products that could be created on-site and on-demand in the years to come.

“This technology already exists and it’s just a matter of time before more manufacturers began using it,” Larkin said.

IMMEDIATE IMPACT
Some of Larkin’s theories are already being felt in the trucking industry, according to Dan Murray, vice president of the American Transportation Research Institute.

Shippers in the third and fourth quarters of last year decreased their use of truck-rail intermodal and moved more to truck. He said 55% or more of truck trips are 50 miles or less.

“Declining truck trips is not going to mean any sort of decline in economic activity; it’s going to mean a substantial increase in the number of trucks moving goods, particularly in urban areas for shorter distances,” he added.

Murray also noted that going forward there will be a larger demand for local delivery capacity.

“Density in neighborhoods is going to be important. It will be interesting to see if UPS and FedEx will be able to offer product to meet this demand,” Larkin said.

He cautioned that it is more difficult for trucking companies to generate revenue for shorter-haul moves compared with long haul given that the rate formula in place is based on loaded mile. Carriers, Larkin added, will have to use caution not to underprice the short haul moves and it will mean revamping their pricing models.

POSITIVE AND NEGATIVE IMPLICATIONS
Industry analysts agree that there are positive implications for trucking as this shift continues. Larkin said drivers often prefer regional routes that allow them to be home. He said this might help carriers with recruiting and retaining drivers amid the ongoing shortages trucking companies continue to face.

He said the industry will touch the freight six to eight times more frequently as manufacturing comes closer to home. He said there will be more trucks needed for shorter routes which could further stress local and urban highway networks.

Larkin predicts intermodal shipments will continue to decrease as more products are made in North America. This is likely to mean a decrease for the drayage industry – pick up at a port to a nearby warehouse or other facility – amid reduced demand at ports and intermodal facilities.

As e-commerce orders grow to a larger market share, Larkin said dedicated and private fleets will see less miles. 

“Mega trends such as these are often slow to develop but they are already underway. This does provide some big opportunities for regional carriers, bulk carriers and last-mile delivery carriers going forward,” Larkin said.

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U.S. shipping industry set for good 2015, but port and driver problems persist

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story by Michael Tilley
mtilley@thecitywire.com

Retailers like Wal-Mart Stores and their respective vendors and customers may not benefit from labor issues at major U.S. ports and truck driver and freight equipment shortages, but the U.S. shipping industry is poised to do well in 2015.

A mix of unique factors continues to trickle up and down the industries that get goods to markets and unfinished goods from business to business. Those factors include an ongoing labor dispute at key ports in California that has significantly slowed shipments, the unexpected decline in fuel prices, a continued but possibly improving truck driver shortage, a potential uptick in consumer spending, a decline in the global economic growth but increased activity in the U.S. economy, and service problems – especially on rail lines.

Overall, experts say such factors will be to the advantage of trucking companies (truckload and less-than-truckload), rail lines, logistics companies and other shipping-related operations. The advantage will allow them to raise rates. Some of the higher rates will be absorbed, but most will likely result in higher prices for consumers.

The Cass Freight Index reported that shipments were up 4% in December compared to December 2013, and freight expenditures were up 3.6%. However, December shipments were 6.3% below November numbers, and expenditures were down 6.7% compared to November.

Cass uses data from $22 billion in annual freight transactions to create the Index. The data comes from a Cass client base of 350 large shippers.

The December report marked the highest end‐of‐year values since the beginning of the recession in 2007, noted Rosalyn Wilson, a supply chain expert and senior business analyst with Pasadena, Calif.-based Parsons, who provides economic analysis for the Cass Freight Index.

Despite slower-than-expected holiday, the fourth quarter was good for the shipping industry.

“Fourth quarter 2014 freight shipment volume was the strongest since the start of the recession in 2007. Despite the difficulties getting goods out of the ports of Los Angeles and Long Beach due to labor and capacity issues, both railroads and trucking companies posted shipment volumes that were significantly higher than for the same period in 2013,” Wilson said in her report.

TONNAGE INDEX
On a more narrow sector view, the American Trucking Associations’ Truck Tonnage Index was unchanged in December after a 3.5% increase in December. Year-to-date, tonnage is up 3.5% compared to 2013.

The not-seasonally adjusted index, which represents the real change in tonnage hauled by the fleets, was up 6.1% compared to November.

“Economic data was mixed in December, with retail sales down 0.9% and factory output up 0.3%, so tonnage was in-between those two readings, which are two large drivers of truck freight,” ATA Chief Economist Bob Costello noted in his report. “Overall, 2014 was a good year for truck tonnage with significant gains throughout the year after falling 4.5% in January alone.”

According to the ATA, trucking serves as a barometer of the U.S. economy, representing 69.1% of tonnage carried by all modes of domestic freight transportation, including manufactured and retail goods. Trucks hauled 9.7 billion tons of freight in 2013. Motor carriers collected $681.7 billion, or 81.2% of total revenue earned by all transport modes.

TRUCKLOAD CAPACITY SHORTAGES
A similar assessment on industry issues came from Brad Delco, a transportation industry analysis with Little Rock-based Stephens Inc., who said the capacity issue (available equipment and personnel) in the truckload industry “is at historic levels.” Shortages mixed with increased demand give the industry room to raise rates.

“Many state that it (historic capacity issue) is being driven by capacity constraints that have been in play for several quarters now in addition to an improvement in demand, which is expected to continue,” Delco noted, adding that anecdotal evidence suggests 4% to 6% contractual rate increases are likely to stick in 2015.

“(A)nd at this point feel more confident at the higher end of that range,” Delco said.

The demand expected to feed higher rates for shippers – and potentially higher prices for consumers – is not expected to take a hit from the drop-off in the energy industry after the bottom fell from the oil markets.

“Freight volumes look good going into 2015,” Costello said. “Expect an acceleration in consumer spending and factory output to offset the weakness in hydraulic fracking this year.”

Wilson, in her Cass analysis, agreed that shipping demand would stay steady in 2015.

“Given the banner year for the freight industry in 2014 and the strengthening of the underlying economy, I predict an even better year in 2015. Freight volumes and carrier revenues will grow steadily, which is good news for carriers operating on razor thin margins, less good for shippers and consumers as the higher rates will be passed through as increased goods costs.”

PORT AND DRIVER PROBLEMS
As to port congestion and driver shortages – the two big relatively unknown issues for the shipping industry – one is likely to persist in 2015 and the other could improve.

“The problems at the ports are complex and involve a large diverse number of players. The labor and operations issues will take time to work out, so expect the service problems to persist in 2015,” Wilson said. “Expect the delays to increase costs to move goods to and from the ports. Ocean rates are also forecast to rise throughout 2015. And because of slower and less predictable delivery times, expect to adjust ordering times and supply on hand to compensate.”

Wilson is not sure the trucking industries will get handle on driver problems in 2015. She said growing demand related to gains in the U.S. economy will “put more strain” on the industry.

“The trucking industry is ordering new equipment at record levels, but is finding it hard to train, seat and retain qualified drivers,” she said.

But Delco sees some easing of the driver shortage, with amendments to federal rules regulating driver hours allowing the industry to be more flexible with driver scheduling.

“We see the recent repeal of certain (federal) Hours of Service (HOS) provisions adding back roughly half of the capacity that was lost last year when the HOS rule changes went into effect (~2%-3%), which should also serve as a tailwind for utilization trends during the first three quarters of the year,” Delco said.

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JBU goes public with $125 million capital campaign

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story by Jamie Smith
jsmith@thecitywire.com

John Brown University, a private college based in Siloam Springs, kicked off the public phase of its $125 million capital campaign in an announcement on Wednesday (Jan. 21) that included news of several recently acquired, unannounced gifts.

The $125 million “Campaign for The Next Century: A Hope and Future” will end in 2019. The amount being sought and the timing are historically significant for the university.

“This campaign is historic because in 2019 JBU is completing 100 years of Christian higher education. It’s historic because of the dollar amount,” said Lucas Roebuck, director of university communications. “And it’s historic because these resources, buildings, endowments, and more will impact generations of JBU students to come.”

JBU officials have raised $58.3 million during the campaigns silent phase, which began in 2012. Five of those gifts were announced during Wednesday’s press conference:
• An anonymous $2 million gift to create the Charles Peer Endowed Chair in Visual Arts;
• An anonymous $1 million gift challenge grant for visual arts scholarships for students in visual arts;
• An anonymous $1.2 million gift for the renovation of the Walton Lifetime Health Complex (total estimated costs of $4-$5.5 million);
• A gift from the Soderquist Family Foundation for $300,000 for a Strategic Initiative Fund for the Soderquist College of Business; and
• A preliminary commitment of $500,000 from the City of Siloam Springs for the WLHC.

These gifts join other funded projects that began soon after the capital campaign’s silent phase commenced. Those projects were:
• The $6 million Simmons Great Hall, a 600-person-capacity banquet facility (opened in 2013);
• The $3 million Northslope Apartments, non-traditional student housing for 94 students (opened in 2013);
• The $5.5 million J. Alvin Brown Hall renovation project, which completely gutted and remodeled the historic men’s residence hall (completed in 2014); and
• A $12 million building fund and endowment for a proposed new nursing program at JBU. JBU is scheduled to break ground on a new nursing building in August 2015.

When the full $125 million is raised, it will include commitments to five areas: $35 million for scholarships, $30 million for new and renovated facilities, $10 million to endow academic excellence, $25 million in estate gifts for future endowment, and $25 million for future projects and operating support.

FUTURE FOCUSED
A major focus within the campaign is making Christian higher education more accessible and affordable in the future. This includes providing scholarships for students as well as maintaining the campus to create sustainable learning environments.

“Part of helping to give students ‘a hope and a future’ is ensuring we keep JBU’s Christian higher education affordable,” said Dr. Jim Krall, vice president for advancement. “That is why we estimate nearly half of the campaign will go not only toward scholarships for today, but also, with endowment gifts and estate gifts, toward scholarships that will impact students well into JBU’s next century.”

According to the JBU website, the cost to attend JBU is about $32,000 per year including tuition, fees, and room and board. An estimated 85% of the students received financial aid in some form last year.

Another major cost to the university is grounds and facility maintenance and operations. The university’s website notes that 60% of JBU’s buildings are new or have been renovated in the last 10 years. JBU has a 200-acre main campus in Siloam Springs.

“Anyone who has run a campus of any size knows there are significant expenses beyond the design and construction costs” said Dr. Steve Beers, vice president of student development, facilities services and athletics. “We always endow new buildings because we don’t want to pass on operating costs, such as the energy and maintenance expenses, to students. This has been a key part of our commitment to keep college affordable.”

PRIORITY PROJECTS AND PROGRAMS
Johanna Musgrave, assistant director of university communications, said in a phone interview that the campaign’s elements were decided through conversations that determined which of the many growing needs had highest priority, along with what were the most feasible to achieve at this time.

For example, the scholarship and building endowments are needed to have an almost immediate impact on students in coming years. Creating the nursing program was another priority as JBU saw a growing number of students choosing another school because they wanted a nursing program. The expected need for nurses (9,000 estimated open spots by 2020) was also a driving factor.

Krall said he is optimistic about reaching the $125 million goal, despite the economy’s slow recovery.

“We certainly always hope that the economy continues to get healthy. However, JBU announced the public phase of the Keeping Faith campaign in 2009 and was able to finish it a year early and raise $18 million over our $100 million goal, all on the heels of the 2008 recession,” he said. “While the economy could certainly effect giving, JBU is really blessed to have friends of the university who care deeply about the mission and values of a JBU education and will give financial gifts big and small to support JBU.”

Musgrave said the economy makes the needs all the more vital as families struggle to afford higher education. The Keeping the Faith campaign funded a myriad of projects, with the top 10 (by dollar amount, according to the university website) being:
• $20 Million Challenge, a matching grant for endowed scholarships and programs,
• Balzer Technology Center ($11 million), a new 40,000-square foot facility to house JBU’s engineering, construction management and renewable energy programs,
• $10 Million Challenge, a matching grant for endowed scholarships,
• Bill George Arena, ($9.5 million) a 1,800-seat venue (2,700 with floor seating) for athletic events, special guest speakers, and graduation,
• Berry Performing Arts Center, a 500-seat state-of-the-art auditorium with orchestra pit, choir room, classrooms and more,
• Cathedral Group Renovation, ($6 million) completing the founder’s vision for the iconic Cathedral of the Ozarks and the two adjacent academic buildings with a renovation and restoration,
• JBU Scholarship Fund ($4.9 million), the annual fund providing direct scholarships for students based on merit and need,
• North Hall Residential Facility new wing ($3.5 million), an expansion doubling the capacity of JBU’s newest residential hall,
• “Art 2” Building Renovation ($2.5 million), a conversion of the old engineering building into a top-tier facility for the visual arts program,
• Dr. Gary J. Oliver Endowed Chair in Marriage, Family and Relationship Studies ($2 million), an endowment to support JBU’s Center for Relationship Enrichment.

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Arkansas Senate OKs income tax cut bill, increases capital gains tax

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story from Talk Business & Politics, a TCW content partner

Gov. Asa Hutchinson’s signature middle class tax cut unanimously passed the Senate Revenue and Taxation Committee Wednesday with an amendment to do away with a capital gains tax cut passed two years ago.

Legislators in 2013 had voted to increase the exemption from 30% to 50% and exempt all capital gains above $10 million. The rate will revert back to the 30% rate under the amendment, which was introduced by Sen. Bill Sample, R-Hot Springs.

The bill’s sponsor, Senate President Pro Tempore Jonathan Dismang, R-Searcy, said after the meeting that Hutchinson “was part of the conversation” regarding the repeal, which he said accomplishes the goal of broad-based tax reform. Combining the repeal with the tax cut expedites the process, he said.

The bill would cut taxes by 0.1% in 2015 for individuals in the three income brackets from $4,300 to $20,999. Starting in 2016, taxpayers with incomes between $21,000 and $35,099 would have their state tax rates reduced from 6% to 5%, while income between $35,100 and $75,000 would be taxed at 6% instead of the current 7%. Those with incomes above $75,000 would pay a 6.9% rate on income above $35,100. Those with incomes between $75,000 and $80,000 could claim a bracket adjustment between $40 and $440.

The bill as amended would reduce state revenues by $12.8 million in fiscal year 2016 and $80.6 million in fiscal year 2017, according to the Department of Finance and Administration.

The bill is expected to come before the Senate on Thursday and must be approved by a three-fourths vote. With 29 co-sponsors, Dismang is confident it will pass the Senate.

“We have overwhelming support in the Senate with the understanding even that there was a possibility of this amendment coming on, so I feel very comfortable with where we are,” he said.

The tax cut was the centerpiece of Hutchinson’s 2014 gubernatorial campaign. Hutchinson was in the committee room prior to the vote. The governor laid out the numbers for his upcoming state budget in a meeting with committee members Tuesday.

Two Democrats on the panel, Sen. Larry Teague of Nashville and Sen. Bruce Maloch of Magnolia, said the meeting allayed their concerns about how the bill might affect the budget.

Speaker of the House Jeremy Gillam, R-Judsonia, said the bill will go on the House calendar next week. He said members would need time to study it.

“We’re not just going to go in in a rush to try to fit the calendar next week. We’re going to make sure that we do this in a respectful manner for the members,” he said. He later said, “At this point, I think a lot of this will be fluid over the next few hours and next couple of days as the members work through the process on our end of things.”

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Saint-Gobain to ‘temporarily’ close Fort Smith plant, idle 120 jobs

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The drop in energy prices and the subsequent drop in demand for energy-industry products has resulted in Saint-Gobain closing its Fort Smith proppants plant and cutting around 120 jobs. The cuts were effective Wednesday (Jan. 21).

Wednesday’s (Jan. 21) press release said the company would “temporarily suspend production” at the Fort Smith plant located near the Gerber plant. The company is not closing a newer proppants plant in central Arkansas that was opened in 2012. Prior to Wednesday, the company employed 500 in Arkansas.

Proppants are used in the extraction of oil and natural gas. The proppants are injected into geologic structures to prop them open so oil or gas is able to flow up and out of the well.

The Saint-Gobain plant is the second proppant plant closure announcement in the area in the past 60 days. Officials with Houston-based Oxane Materials announced Nov. 25 they would close their Van Buren proppant plant on Jan. 23, 2015. The closure was estimated to result in the loss of 70 jobs.

Jack Larry, general manager of Saint-Gobain’s proppants division, said the plant could reopen if energy prices recover. The company will keep a small contingent of workers at the plant for monitoring and maintenance.

“This difficult action has been brought on by a global drop in oil prices and a sudden drop in demand for proppants,” Larry said in a statement. “Fort Smith remains a key part of the future of Saint-Gobain’s proppants business and we anticipate resuming production as soon market conditions allow. At this point we do not know the length of the layoff and have filed a WARN notice with government officials. We will continue to communicate with the affected employees and appropriate government agencies as the situation evolves.”

In Monday’s closing session on the New York Mercantile Exchange, natural gas futures fell more than 7% to $2.831 per MMBtu’s as this year’s mild winter continues to deflate prices. 

Between 2010 and 2014, oil prices were stable with futures prices typically trading above $100 per barrel. However, the price began a precipitous decline in June, with oil now trading between $45 and $50 per barrel. WTI crude closed Wednesday at $46.39.  Bob Dudley, CEO of oil giant BP, told BBC News on Wednesday that low oil prices could be the norm for up to three years. However, the secretary general of the Organization of Petroleum Exporting Countries (OPEC) said Wednesday that oil prices could begin to rebound as soon as 30 days.

The Fort Smith plant opened in 1979 by Norton Proppants, with the plant expanded in 1984 to triple production. In 1989, Norton was acquired by Saint-Gobain, a company based in Paris. Saint-Gobain invested $15 million in plant upgrades in 2010-2011.

Saint-Gobain opened in late 2012 a $100 million proppant plant in Saline County in central Arkansas. The 100,000-square-foot plant was estimated to employ 140 at full production. That plant is not being idled.

The move by Saint-Gobain is another hit for the region’s struggling manufacturing sector. The area manufacturing sector employed an estimated 17,800 in November, below the 18,400 in November 2013. Sector employment is down more than 37% from a decade ago when November 2004 manufacturing employment in the metro area stood at 28,600. Annual average monthly employment in manufacturing has fallen from 28,900 in 2005, 19,200 in 2012, and to 18,300 in 2013.

Saint-Gobain had recent global annual sales of $52.7 billion, and has 187,000 employees in 64 countries.

Five Star Votes: 
Average: 5(2 votes)

2014 income up almost 10% for J.B. Hunt, revenue hits $6.16 billion (Updated)

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story by Kim Souza
ksouza@thecitywire.com

Editor's note: Story update with changes throughout.

Rate increases across its business divisions was the primary reason Lowell-based J.B. Hunt Transport Services boosted its fiscal year revenue to $6.165 billion, a 10.4% increase over fiscal 2013. Net income for the year was $374.792 million, up 9.46% compared to the 2013 period.

The full-year per share earnings of $3.16 also beat the consensus estimate of $3.12.

For the fourth quarter, the company earned $118.078 million, just under the $118.96 million in the same period of 2013. The fourth quarter per share income of 93 cents also beat the consensus estimate of 89 cents.

“The increase primarily reflects higher revenue in all business segments and the current benefit of rapidly falling fuel prices during the quarter, net of lower fuel surcharge revenue primarily in DCS and JBT,” the company noted in its earnings report released Thursday (Jan. 22) before the markets opened. “These benefits were partially offset by increased costs paid to hire and retain drivers; higher workers’ compensation and accident costs; and higher costs of equipment ownership.”

The strong results came as no surprise to Stephens Inc. analyst Brad Delco, who noted that Hunt is benefiting from strong pricing abilities in its intermodal segment that are expected to continue into 2015. Delco recently raised his fourth quarter guidance for Hunt to 89 cents per share, noting that the guidance could prove to be conservative as intermodal metrics continue to improve. (Stephens Inc. does investment banking business with J.B.Hunt and is compensated accordingly.)

Trucking and rail are often viewed as a barometer for the economy and Union Pacific CEO Jack Koraleski said Thursday (Jan. 22) during their earnings call that demand for lumber, autos and machinery have been strong which are a good indication that consumers are spending more money. Koraleski remains bullish on the economy in 2015 for freight movers in general citing better pricing power and lower fuel costs adding more to the bottom line. Union Pacific net profits rose 22% in the fourth quarter behind record intermodal gains.

INTERMODAL IMPROVEMENTS
While some analysts expect intermodal traffic to tail off in the next few years Hunt continues to be a leader in this segment. In the fourth quarter, 59% of Hunt’s revenue was in the intermodal segment.

Hunt’s intermodal revenue rose 5% to $958 million in the quarter as load volume grew 6% over the period in 2013. The company reports its Eastern network loads increased 14% while transcontinental loads were up 1% over the year-ago period. Revenue per load was down 1% in the period thanks in part to lower fuel surcharges.

Improved pricing power helped to push operating income to $128.8 million, up 6% from a year ago. That gain was offset somewhat by reported higher driver recruiting costs and insurance claims.

While this segment still has room to run, the intermodal revenue growth rate of 7% for fiscal 2014 was roughly half of that reported in prior two years.

Hunt’s intermodal segment posted fiscal year revenue of $3.687 billion, better than the $3.456 billion in fiscal 2013. Full-year operating income in the segment was $460.377 million, up over the $447.030 million in 2013. Operating income in this segment was 73% of the total full-year income for J.B. Hunt.

DEDICATED SERVICES
The dedicated contract services segment (DCS) at J.B. Hunt posted a solid fourth quarter results with $363 million in in revenue, up 10% from the year-ago period. This diverse segment comprised 20% of the company’s total revenue in the quarter.

Hunt said it has raised rates among it DCS customers for the past nine months and still has added new customers. The segment added 473 revenue producing trucks in the fourth quarter to service its growing customer base. 

Operating income for the quarter jumped 25% to $37 million. The company cited better pricing power, improved asset utilization and less reliance on outsourced power units for the gains. Hunt also notes that the segment benefited from rapidly declining fuel expenses despite higher driver recruitment costs and rising costs of worker’s compensation and insurance claims. 

The dedicated services segment had $1.393 billion in revenue for the year, up more than 13% compared to 2013. Operating income in 2013 for the segment was $117.243 million, better than the $110.438 million in 2013. Load growth for fiscal 2014 rose 14.48% to 2.101 million loads.

The outlooks for this segment remains bright because of its diverse offerings from fleet conversions to its Final Mile program that is a short-distance service for the growing e-commerce economy.

INTEGRATED CAPACITY
Hunt’s non-asset based brokerage division — Integrated Capacity Solutions — is the fast growing segment in the carrier’s portfolio. ICS grew its fourth quarter to $197 million up 36% from a year ago. This segment comprised 5% of the company’s fourth quarter revenue.

In the quarter, ICS posted a 25% increase in load volume while it also increased rates by 9% over the prior-year period. Contractual business was approximately 66% of the total load volume, up slightly from a year ago. But, it was non-contract business that was responsible the majority of the revenue gains in the period.

ICS posted fourth quarter operating income of $9.1 million, up 158%. Hunt cited increased revenue and higher gross profit margin for the gains. Gross profit margin improved to 13.7% in the fourth quarter from 12.0%.

Full-year revenue from ICS was $718.076 million, much better than the $536.844 million in 2013. Operating income in the segment was $29.88 million, almost double the $15.693 million in 2013.

TRUCKLOAD IMPROVEMENT
J.B. Hunt’s truckload segment (JBT) reversed its negative trend in the fourth quarter behind the leadership of Shelley Simpson who took over this segment in early 2014. Truckload revenue grew 6% to $96 million in the quarter thanks to 9% rate increases and an expanding fleet.

At the end of the period, JBT operated 1,886 tractors, up 2% from a year ago. Operating income increased $9.1 million from fourth quarter 2013 levels. The revenue generated weekly per tractor rose to $4,086, up 7.4% from the prior quarter.

The company’s truck segment posted fiscal 2014 revenue of $385.603 million, below the $391.086 million in 2013. However, operating income for the segment was $24.223 million, a big jump over the $3.658 million in 2013. Company officials said rising rates and “rapidly declining fuel prices” helped boost income in the segment.

Like the other segments indicated, the costs of recruiting and retaining drivers rose year-over-year as did insurance rates and worker’s compensation costs.

John Larkin, transportation analyst with Stifel Nicolaus, said driver shortages are the biggest concerns for trucking CEO’s going into 2015. He projects the driver shortage to widen to 240,000 by 2020. He cites increased demand and retirements of veteran drivers along with declining interest from younger generations as the primary cause for the shortage. 

Larkin said tighter federal regulations don’t help and it’s getting increasingly “more difficult to recruit honest, safe and reliable truck drivers.” He said just 5% of applicants industrywide meet all the requirements to be a commercial driver.

FINANCIALS 
At year end, Hunt had total debt outstanding of $934 million on various debt instruments compared to $708 million a year ago. 

The company reported net capital expenditures for 2014 at approximately $660 million versus $443 million in 2013. The increase was primarily due to purchasing more intermodal equipment and additional and replacement tractors and trailers across all asset business units. 

Hunt has a cash position of $6 million at year end, despite repurchasing 615,000 shares of stock for $30.75 million. The company still has about $213 million remaining under its share repurchase authorization.

Traders rewarded the positive earnings report, with early morning moves seeing Hunt shares (NASDAQ: JBHT) up $1.34 in active trading. The shares were trading at $83.38, up 1.63% in the morning session on Thursday. During the past 52 weeks the share price has ranged from a high of $85.54 to a $69.33 low.

Stephens analysts raised their target price to $90 and expect fiscal 2015 earnings per share of $3.65 on revenue of $6.78 billion.

Five Star Votes: 
Average: 5(2 votes)

BHP reducing Fayetteville Shale Play rig count to ‘zero’

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story by Wesley Brown
wesbrocomm@gmail.com

BHP Billiton recently said it is still looking for a hasty exit from its unprofitable foray into Fayetteville Shale as declining natural gas prices continue to cast a dark cloud over the company’s U.S. drilling operations.

By rig count, BHP plans will cut the total number of operating drilling pads in the U.S. from 26 to 16. That also means the Australian conglomerate is essentially pulling up stakes in Arkansas’ maturing natural gas play with its current rig count at “zero” and its operational budget sliding to $100 million, BHP’s financial report shows.

In the company’s half-year review, CEO Andrew Mackenzie said the industrial mining giant is speeding up plans to reduce costs and invest in more profitable businesses by cuttings its previously announced U.S. shale capital budget by 50% from $4.2 billion to $2.1 billion.

“We are reducing costs and improving both operating and capital productivity across the (company) faster than originally planned,” Mackenzie said in the company’s 26-page financial and operational report.“These improvements will help mitigate some of the impact of lower commodity prices and we remain alert to opportunities to further increase free cash flow.”

The BHP chief executive also said that because of lower crude oil and natural gas prices, the Sydney-based conglomerate will reduce the number of onshore drilling pads it operates in the U.S. by 40%. The company will also shift the largest share of its ever declining U.S. onshore drilling budget to its oil-rich shale developments in West Texas.

“The revised drilling program will benefit from significant improvements in drilling and completions efficiency. Our ongoing shale investment program will remain focused on our liquids-rich Black Hawk (Texas) acreage.” Mackenzie said. “However, we will keep this activity under review and make further changes if we believe deferring development will create more value than near-term production.”

BHPHISTORY IN ARKANSAS
In late 2011, shortly after the Australia mining giant landed in Arkansas, BHP said it planned to quadruple production from its onshore U.S. shale operations, adding nearly 20 new rigs in the Fayetteville Shale region and increasing natural gas production fourfold by the end of the decade. At the time, BHP said its U.S. capital spending program would jump from $4.5 billion to $6.5 billion annually by 2020, with the lion’s share targeted toward its Arkansas development.

BHP’s leasehold position of 487,000 net acres makes it the second-largest Fayetteville Shale operator behind Southwestern Energy Corp. with an average operating stake of 58%. Those pricey assets were originally purchased from Chesapeake Energy Corp. in early 2011 with an average per well drilling and completion cost of $3.5 million.

As part of that deal, Chesapeake agreed to manage the properties for a fee until the inexperienced Australian mining giant was poised to take over the operations by itself. But none of those things ever happened.

By the end of 2012, BHP had already announced a $2.84 billion write-down of its Fayetteville Shale assets, saying a short-term over supply of natural gas resulted in a before-tax impairment charge against the carrying value of the Arkansas play.

Former BHP Billiton CEO Marius Kloppers, who resigned in October 2013, said the Fayetteville charge reflected the company’s decision to adjust its development plans by shifting most of its dry gas drilling operations in the Fayetteville Shale south to oil-rich Haynesville Shale in Louisiana and west to the Eagle Ford and Permian shale developments in Texas. 

“While we have responded appropriately to the changed market conditions, (the Fayetteville Shale) impairment is clearly disappointing,” he said. 

BHP’s current cost-cutting program does not bode well for the Arkansas play in the near-term, even though the Australian giant still owns more than 1,000 operating natural gas wells across central Arkansas.

MARKET PRESSURE
On Wall Street, the Australian conglomerate is under pressure to cut costs as international prices for copper, iron ore and other metals are depressed. As part of its current cost-cutting program, BHP has promised analysts and shareholders that the conglomerate will not reduce its dividend and will focus more on its core mining businesses.

In the near-term, BHP has said it will continue to cut losses and capital spending in Arkansas until a buyer is willing to take a $5 billion gamble and purchase the company’s nearly dormant assets, especially with current Henry Hub prices hovering around $3 per million British Thermal units (MMBtu).

"There's severe pressure for them to cut capex on the onshore business. Once they come clean with that, the market will be in a better position to assess its value," CIMB analyst Michael Evans said in a research note on Monday.

Mackenzie also re-emphasized that the company is not willing to part with its Arkansas assets, even if it means sitting on them until natural gas prices rebound.

“As announced in October 2014, we are actively marketing our Fayetteville acreage and will only pursue a divestment if full value can be realized, consistent with our long-term outlook for gas prices,” the BHP chief said.

In midday trading Thursday on the New York Mercantile Exchange, natural gas futures were at $2.839 per MMBtu, with the price down 4,5% from the market open.

Five Star Votes: 
Average: 5(1 vote)

Fort Smith chamber endorses sales tax redirection plan for trails

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The Fort Smith Regional Chamber of Commerce has endorsed a plan that would direct around $10 million in sales tax revenue during the next 10 years toward building and maintaining a citywide trails system.

Funding for broad improvement and expansion of the city’s trail network could come from a portion of the $18 million to $20 million collected annually through the city’s 1-cent street sales tax program. The tax, first approved by voters in 1985, has a sunset clause that requires voter approval every 10 years. The tax was renewed by voters in 1995 with 87.2% voting yes, and in 2005 with 66.3% voting yes. A renewal vote is planned for May 12.

The Fort Smith Board of Directors approved Tuesday (Jan. 20) approved a May 12 election in which city voters will be asked to vote for renewal of the 1% sales tax for street, bridges and drainage improvements. Part of the ballot will also include a voter question on directing 5% of the tax collections toward the multi-use trail system.

A Trails & Greenway Committee, chaired by Drew Linder, an officer with First National Bank of Fort Smith, developed the plan that seeks to add 35 miles to the city’s trail system.

Linder told the Board during a Jan. 13 study session that the trails should be referred to as “multi-use” because roughly one-third of trail users are walkers, one-third are runners and the other third are cyclists. Trails are developed and maintained by more cities, according to Linder, because they provide a health and wellness outlet, provide a basic transportation network for those who prefer to use a bicycle, and are becoming an economic development advantage.

It is the economic development advantage that appeals to the chamber, according to chamber President and CEO Tim Allen.

“When you go after those (corporate) jobs, having those (trails) is almost the price of admission. ... More and more of these companies want to know what is available in your city, and if they have a nice trail system where they are, you better have one also,” Allen told The City Wire.

In the chamber’s statement, Allen noted: “Recruiting and retaining companies and jobs to Fort Smith also means recruiting people and families to Fort Smith. It is crucial that we are both business-friendly and have the quality of place amenities that consultants look for as they explore potential sites for their clients. In order for Fort Smith to be competitive, we need to continue to seize opportunities that improve or enhance our quality of place.”

The statement also suggested that the chamber believes redirecting the sales tax revenue to trails would not harm the city’s infrastructure development and maintenance.

“The continuation of the existing roads tax will allow further improvements to city streets and drainage while the 5 percent reallocation will create a comprehensive recreation network that will benefit the people of Fort Smith,” the chamber noted.

Businesses already operating in the city may help with the trail costs. Bill Hanna, president and board chairman of Fort Smith-based Hanna Oil & Gas, told the Board during the Jan. 13 study session that there is interest from area companies to provide funding for a trail system. Hanna and Linder said a plan approved by the city with a dedicated funding stream will help encourage private-sector support and help secure matching grants.

The chamber statement also directed those interest in learning more about the system to visit the Trails and Greenway Facebook page.

A group opposed to the 5% being used for trails has also created to Facebook page to push its message.

Five Star Votes: 
Average: 4.3(6 votes)

Hutchinson supports private option to 2016, forms task force to review options

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story by Roby Brock, a TCW content partner and owner of Talk Business & Politics
roby@talkbusiness.net

Gov. Asa Hutchinson delivered a major health care policy speech at the University of Arkansas for Medical Science on Thursday (Jan. 22) and called on the state Legislature to renew funding for the private option through Dec. 31, 2016. He also called on a newly formed task force to study the issue of health care reform to develop long-term solutions.

Saying it was “time to close this chapter and start a new one,” Hutchinson said the debate over private option funding could not occur year after year and provide stability for the state’s health care community and citizens, particularly those on the private option. (See the full transcript of Hutchinson's speech at the end of this story.)

Hutchinson’s speech to a roomful of health care professionals, lobbyists, interested parties, and the press was organized into four major topics.

He talked about the benefits of the private option and health care reform efforts to the state, the costs tied to the program for the state of Arkansas, a profile of the types of individuals participating in the private option, and “where we go from here.”

“The phrase ‘private option’ is politically toxic,” Hutchinson said, in outlining his reasoning for ending the program by December 2016.

He said the core question in deciding how he wanted to approach its fate was, “Do the benefits that we recognize exist outweigh the costs?”

Hutchinson also acknowledged the nearly 200,000 Arkansans who are on the private option and the groups supporting the health care plan.

“The human side tugs at our heart strings and is rightfully part of the debate,” he said.

Stating he had opposed the Affordable Care Act, which led to the private option, Hutchinson said after the U.S. Supreme Court ruling on the issue in June 2012, “I lost that debate.” Hutchinson suggested that the private option has led to a 47% drop in uninsured patients at Arkansas hospitals. He also noted that the number of uninsured Arkansans has fallen 10% since the program’s implementation. Arkansas has also been able to shift more state Medicaid costs from state funds to federal funds allowing the state to not spend $88 million on traditional Medicaid.

Still, he said, “legitimate questions remain” and it is “still taxpayer money.”

Hutchinson outlined four guiding principles for what he hopes will be a larger health care debate. He said he wanted the task force, which would be created and defined by state legislators, to complete its work by the end of 2015.

Speaking to reporters following his speech, Hutchinson said since the state Legislature will ultimately vote on recommendations for a new health care vision for the state, he wanted the task force to be “legislatively driven.” He added that he hoped his Surgeon General, Greg Bledsoe, would be on the panel and he hinted that other stakeholders in the health care profession should be included.

The guiding principles he advocated for the task force to follow were:
• More emphasis on work and responsibility;
• Incentives for preventive care and people’s need to own more responsibility for their health care participation;
• Cost controls to the state and health care community; and
• The need for greater flexibility from the federal government at the state level.

He underscored his emphasis for more federal flexibility, by reading excerpts of a letter from Secretary of Health and Human Services Sylvia Burwell, who said she would “commit to work with you on ‘a potential broad block of changes’.”

Hutchinson also told reporters he did not expect to press for new waivers while the task force conducts its work.

“If something is already in the works, it’s possible,” Hutchinson said. “That’s not the design.”

HUTCHINSON SPEECH TRANSCRIPT
Thank you. Thank you, Dr. Rahn for your introduction and especially for your leadership at the University of Arkansas for Medical Sciences and for this forum and this venue to talk about healthcare and its future in Arkansas.

I am delighted that there are a few people interested in this topic. The fact that you're here reflects the importance of this issue for our state, and I'm grateful for your presence here today. I'm particularly glad to see so many legislators that are in the room. I want to recognize Senator Jonathan Dismang for his leadership on the Senate side. He's been a great partner and leader in this effort as well as Speaker Jeremy Gillam. He's done likewise on the House side. He's been a major player in the development of this issue and will be in the future. I also wanted to recognize Senator Cecile Bledsoe, who is the chairman of the Senate Health Committee, as well as Representative Kelley Linck, chairman of the House Health Committee. They have played key roles as we look to this issue and the future. Thank you for your guidance on this issue.

I'm delighted today to introduce the new surgeon general of Arkansas, Dr. Greg Bledsoe. I'm a newly minted governor. He's a newly minted surgeon general. He just got sworn in about 30 minutes ago. Thank you for being here Dr. Bledsoe. You'll be a key advisor on healthcare.

I want to start by thanking the physicians, the nurses and healthcare providers who have labored in the trenches of healthcare in Arkansas, improving our quality of life, working with those who need care. You have been on the front lines. You are committed. You are passionate. And I am grateful for you. And that's important to say at the outset because you came out of your training with a heart for patients, and all of a sudden you find yourself inundated with government regulations and having to spend hours and hours each day and week on matters that do not deal with patient care. And so I am grateful for you. I'm thankful for you and your work, and your sacrifice needs to be recognized.

A college professor that I had always gleefully began each lecture with the phrase, "A moment of review, and then on we go." And that's important in history and it's important today. So I want to spend a moment in review and then we will talk about the future.

It all starts with the Affordable Care Act. The Affordable Care Act had four major parts. Very simply articulating it. One, it was the individual mandate that every person had to have insurance. Secondly, it was the employer mandate that employers in a certain category had to provide insurance. The third part of it was the health insurance exchanges in which middle-income earners and others could go in the marketplace and obtain insurance that could be subsidized with taxpayer money. The fourth part of it was the Medicaid expansion, which led us to the debate that we're having today.

I opposed the Affordable Care Act. I did because I thought the individual mandate was an infringement upon freedom. I thought the employer mandate was not good for business and the growth of jobs in America. I thought overall it was taking control away from physicians and healthcare professionals and got the government too much involved.

And guess what? I lost that debate. I urged that the law be challenged. And it was challenged and heard in the Supreme Court, and the Supreme Court, to our surprise, affirmed all of the Affordable Care Act except for one part — and that was the Medicaid expansion that was left to the states to debate and determine. And so all those who did not believe it was the right direction for America were left with the frustrating option of: What do we do with this?

Arkansas was at the center of this debate on Medicaid expansion. We came up with our own creative options, and this led to the Private Option solution. It was innovative, and I'll talk about that, but the solution of the Private Option has divided our state and dominated the political debate.

My nephews illustrate that. I have two nephews in the General Assembly. Both are conservatives. Both are thoughtful. One voted for the Private Option. One voted against it. Now, that could have been mirrored all across the legislature.

This morning, I want to share my perspective on the Private Option. I want to talk about its benefits, its future costs to the state. I want to talk about the profile of those on the Private Option, and then I want to talk about where we go from here.

Now I know you came here today to hear one simple statement as to where we go from here. Please be patient. Because the facts and the data are important as to the direction we'll go. I want to spend some time on the background of this, and the pros and cons, because it helps shape the debate for the future.

Let's look at the Private Option. It is innovative. The sponsors of the Private Option legislation should be recognized for their hard work in fighting for a solution with market principles. There are conservative principles in play.

U.S. Supreme Court Justice Louis Brandeis, in a famous decision, described how the states are laboratories of experiment, laboratories of democracy, places to look at innovative ideas. That is appropriate and that's what we have done in Arkansas
But those who opposed the Private Option were just as equally committed. They had a different perspective. They were wise in asking questions about the costs. They were wise in wondering whether the federal government could keep its promises. And whether the state of Arkansas could afford this innovation and expanded healthcare.

Two sides of the same debate coming from good directions, conservative convictions, reaching different conclusions. I recognize that good people were on both sides of this debate and were struggling with how the state should navigate this issue.

Over time, it became clear once the Private Option had been implemented that there were two key benefits: One is the obvious. We have approximately 210,000 individuals in Arkansas who have never had health insurance before and now have access to healthcare and insurance. That is a benefit to the state of Arkansas. Secondly, you have a benefit to urban hospitals, such as UAMS, and rural hospitals all across this state. Those two benefits are facts that we cannot deny, should not deny, and should rejoice in.

The facts pertaining to those benefits are these: There has been a 10-percent drop in the uninsured in Arkansas; Arkansas hospitals saw a reduction of $69 million in uncompensated care during the first half of 2014 compared with the same period of time in the previous year. Many of these rural hospitals, by the way, are listening today to this by remote broadcast. I welcome them. I have been to your communities and understand what you have communicated to me as to the importance of the Private Option and the economic viability of the hospital that serves your community.

The number of hospital visits by uninsured patients fell by some 47 percent. These equate to greater financial benefits to our rural hospitals. The state has also been a beneficiary of the Private Option in terms of shifting more of the Medicaid costs to the federal government. It's still taxpayers' money. But it's been a shift of cost and a benefit to our budget.

In 2015, the state is going to save roughly $88 million, which is a combination of shifting traditional Medicaid in some categories to the Private Option, which is 100 percent paid for at the present time. It is also a savings because the reduction of uncompensated care payments to several agencies — from UAMS to the Department of Correction, the Department of Health, Community Health Centers — have saved the state about $33 million.

All of that is taxpayers' money. But it has been a benefit to the state of Arkansas in terms of our budget.

But the long-term costs and the funding remain legitimate questions. And the facts are that the required match of 10 percent for the Private Option, when it becomes the responsibility of the state, will cost the state over $200 million. To put that into context, that's two $100 million prisons. Now that doesn't get anybody excited. But that $200 million is almost one-third of the budget for all state higher-education institutions. And so there are budget consequences real to our institutions and other services.

And then there are unintended consequences to the Private Option. I don't know that anybody anticipated that parolees coming out of prison are put on the Private Option. That's a good thing. But it is not something that was talked about or we were aware of in the beginning. We were not aware that many charitable healthcare programs in this state would no longer exist. One was called Operation Walk, in which surgeons donated a weekend to provide free knee and hip surgeries to those who had no insurance and could not afford them. It is the finest tradition of the medical profession. Arkansas was among the nation's leaders in the number of free surgeries our doctors provided. This past December, there was no Operation Walk in Arkansas. Why? Because the Private Option made it unnecessary and irrelevant.

This story is the same across Arkansas. What once was done by medical volunteers was transferred to the government. Now some see this as a good thing, that the government can do it well. It takes the burden off our medical professionals who are volunteering so much time. Others worry about this shift to the government sector.

But most importantly as we look at the Private Option and the impact of it, whether you are for or against the Private Option, there is a deep and abiding concern for those without health coverage. In other words, the human side tugs at our heartstrings and rightfully is a factor in this debate.

Donna Foster is a 44-year-old mother of two who makes $8.65 an hour as a caregiver attendant for the elderly in Morrilton. She typically works 40 hours a week. She is a single mother. She divorced when her now-grown children were small. For at least 10 years, she could not afford health insurance.

Donna suffered from high-blood pressure. She was able to purchase generic blood pressure medicine, but she often could not afford the $186 it cost for an office visit and checkup. She suspected that her blood sugar was high. Donna was supposed to be tested for diabetes. She couldn't afford that either.

Recently, she secured health insurance through the Private Option. The first thing she did was go back to her doctor, get back on her blood pressure medication and get tested for diabetes. She tested positive, and now she is being treated for it. Health insurance made a difference in her life. And it most likely saved future medical costs to the state of Arkansas.

This debate that we are going through is not unusual in American politics: Do the benefits that we recognize exist outweigh the costs? While the question was basic, a divide was created in our state.

Over the course of the past two years, our state has been wrapped around the political axle. The phrase Private Option itself has become politically toxic, so much so that it's almost impossible to have a constructive conversation about healthcare reform without passions rising and folks taking sides.

Ladies and gentlemen, debate is good. Conviction is good. But let's remember what we are trying to do here — and that is to build a healthy Arkansas. Not to politicize a phrase to the point where its very utterance becomes an invitation to fight. My goal is to broaden the debate to the larger Medicaid budget.

To accomplish that, we have to reach agreement on a comprehensive reform that works for the state of Arkansas. The goal is to have affordable, competitive, market-based solutions on the conservative principles of choice, competition, improved quality of care and consumer responsibility. To accomplish that, we have to reach agreement. The challenge for us in Arkansas and in this political environment is that agreement is defined by three-fourths vote, or a super-majority, in the Arkansas General Assembly.

Now I mentioned the importance of the profile of those on the Private Option. I've talked about this a long time, and the information was not available until very very recently.

Well, now we have some data to share:
About 40 percent of the enrollees, at the time of application for the Private Option, showed no income. That means they were unemployed.

Seventy percent of those on the Private Option were employed at some point in time, which tells me they were trying to get a job. That tells us that most are working but cannot find the steady work that is needed.

Young people were more likely to have work than those who were over 45.

Women were more likely to have work than men. This tells us that the older male population should be targeted for work. These might be men who've been laid off or who need to learn new skills to transition into another career.

It's interesting that 10 percent of those on the Private Option are considered medically frail. And that population seems to me, if the Private Option were to end, would qualify for traditional Medicaid.

This is all helpful information because it's the data that guides our debate.

Now let's talk about the future for a moment. A large point of what I'm trying to say is that the Private Option is a small part of the debate and a very large part of the discussion.

Looking to the future. In 2021, when Arkansas pays 10 percent of the Private Option costs, which is over $200 million, that is the red part of the pie. That's been the focus of our debate. But look at the blue? How large that is. And this is the $1.8 billion that's devoted to our traditional Medicaid budget.

So if we're going to look at the future costs to this state, would it not be wise to focus on the entire pie?

If you combine the data of the profile of the participants with the knowledge that our future liabilities as a state are dependent on the entire Medicaid budget, then you have a starting point for future reform.

I believe that there are some principles that should frame the debate. One of them is work and responsibility. I want our social programs in Arkansas to be an incentive for people to work as opposed to an incentive for people not to work. Arkansans want to work. And when they work, they should get ahead. And when they work real hard, they should climb up the economic ladder. I believe the vast majority of Arkansans want to work. Nobody who's able to work wants to stay on government healthcare. They want a job. And while it's encouraging to see so many folks now insured who did not have health insurance before, I'd like to see us reduce that number. And we can reduce that number as we move people to work and they move up the economic ladder.

Secondly, we need to have incentives for preventive care. People need to own more responsibility for their healthcare decisions. They need to be engaged in preventive care.

We need to emphasize the role of the private sector and charity care. It is not any group's responsibility. It is all of ours collectively. And there is a role for charity care, too.
As a rural state, there has to be access to healthcare in the rural areas. And that involves telemedicine so we can make sure that those in the less-affluent areas of our state have access to the highest quality healthcare. Through telemedicine a knee or hip specialist or neurologist in Little Rock or Northwest Arkansas can be brought to somebody in the Delta. We can share our expertise across the state. We have to continue to use technology to assure quality healthcare.

Another principle that should guide us is cost control. Look at the history of the cost of our social programs. Fifty years ago this summer, the Medicare and Medicaid programs were signed into law by President Johnson. Nobody, not even conservatives, thought those two programs would grow so uncontrollably. In fact, in 1965, Medicare had been projected by a House Committee to cost $12 billion by 1990. What did it actually cost? $110 billion. How's that for government estimates?

Meanwhile, costs for individual and group insurance have skyrocketed. Many people cannot afford insurance and they go without health care. For that reason, some 60 percent of personal bankruptcies filed in this country result from medical bills.
Clearly, our healthcare system needs more attention and continued efforts at reform.
And finally, and very importantly, we need to have flexibility at the state level, the laboratory of innovation.

So today in Arkansas we are at a juncture. Which way do we go? We recognize the hospitals and healthcare providers cannot face a traumatic cliff every year when it comes to renewing the Private Option. We need more consistency. We need more reliability. We need more predictability. So that we can plan.

Secondly, we want to have a healthcare system that we can afford, that we know is not going to absorb greater and greater amounts of general revenues. We want to have a system that looks for a way to help those Arkansans who are covered by the Private Option and assure access to healthcare in the future for those.

We are Arkansans. And we look out for each other.

Just days after the election, I received a letter from a woman named Christine Smith, who lives in Fayetteville. Christine began: "I am writing to you as an Arkansan, but more importantly, as the mother of a 19-year-old son who has just been diagnosed with cancer."

Christine's son went in for a regular physician's visit when the doctor noticed that his neck felt a little swollen. They ran some tests and discovered that the boy had a tumor. They performed surgery to remove the tumor and followed up with treatment. 

It worked. Christine's son is now finished with his treatment. He's feeling well. And he's now a student at the University of Arkansas studying environmental science.

When I received Christine's letter and heard this story, I immediately thought she must have been insured through the private option as she urged me to keep it for the "health of the citizens of Arkansas."

But the Smiths already had insurance. She was writing because while she was going through this ordeal she "couldn't imagine how families do it who don't have coverage." That's just like an Arkansan — to think about others.

I want to assure Mrs. Smith, and all Arkansans, that I want us to have a system that is compassionate, affordable, fits Arkansas and provides access to care.

I agree with you, Christine.

And now is the time for me to be more specific. As governor, I will ask the legislature to take the following action:
First of all, to fund the Private Option this fiscal year and continue it through December 31, 2016. This avoids harm to the 200,000-plus on the Private Option and it assures our hospitals and provides of financial stability.

Secondly, I'm asking the legislature to create a Health Reform Task Force that will make recommendations for the future. And the purpose of this task force is to find an alternative health coverage model to ensure healthcare services for vulnerable populations currently covered by the Private Option.

So hear me clearly. We're going to continue the Private Option through 2016 and create a Health Reform Task Force that will make recommendations for the future. And that will include a compassionate and reasonable cost-effective response for care of those currently on the Private Option.

The task force should also be charged with exploring and recommending to the Legislature options to modernize the entire Medicaid program currently serving the indigent, aged and disabled.

Guidelines should govern any task force. The guidelines I would suggest to the Legislature should include, among others that they very well may add:

·         Minimize or eliminate the need to raise additional general state revenues for continued investment in this. Obviously, you'll want to adjust for inflation but you want to minimize or eliminate the need for the state to raise additional general revenues.

·         More flexibility for managing the state Medicaid program. Flexibility is critical. We fought for that. We want to continue to fight for that. Including consideration for block-grant type waivers or authority so that we can have the maximum amount of flexibility in Arkansas.

·         Strengthen the employer-sponsored health insurance market. 

·         Increase employment of healthy recipients of taxpayer-funded healthcare services. Encourage work as they receive that benefit. Increase accountability and personal responsibility.

·         And, finally, provide access to health services in rural areas of the state.

These are some of the guidelines that should govern the task force as it goes to work. The timing of this task force is urgent. It's critical. And it's got to move quickly, although thoughtfully and comprehensively. A report will be required from this task force by the end of 2015. They go to work, and by the end of 2015, we've got to have some answers back and some recommendations because we need to allow time for legislative action so that we will have clear direction for our hospitals, our providers, and those who are currently covered. This would allow time to request waivers and necessary approvals from the federal government as well.
We should have our solutions in place by December 31, 2016. I will further direct the Department of Human Services to immediately begin an assessment of opportunities to reform our Medicaid services to better serve our high-cost, high-need populations. And, secondly, to utilize private sector expertise to identify and prevent waste, fraud and abuse in our Medicaid services.

This information from the Department of Human Services will be beneficial to the legislative task force. Data will drive solutions.

Now let me emphasize: In regard to the Private Option, it is time to close this chapter and to start a new one. It is a new day for healthcare in Arkansas. I pledge to work with you to find the right solution for all of Arkansas. And while we are turning the page, and beginning a new effort, our innovative efforts in Medicaid reform will continue.

I want to end by talking about the recent meeting that I had with Health and Human Services Secretary Sylvia Burwell in Washington, D.C. This was an important meeting. And as we met with Secretary Burwell, we made the case that we needed more flexibility in Arkansas to determine our own direction.

Earlier today, I recieved a letter from Secretary Burwell. In summary, she says "I was pleased to learn of your commitment to an effective and affordable approach to coverage for the newly covered adults beyond the current three-year term of Arkansas's Health Care Independence Program demonstration for Private Option and to also move forward on major delivery-system reforms that would apply to the larger Medicaid population."

She goes on to say, "We also understand your desire to encourage employment, and we commit to work with you on how you might achieve this objective while ensuring access to health coverage to eligible individuals." She goes on to say, "We appreciate and support your desire to avoid a piecemeal approach to reform and look forward to working with you on a potential, broad block of changes that could lower costs and improve access and quality in ways that best meet the needs of your state."

I'm gratified that there is an increasing willingness to give the state flexibility.

I noticed that there was not resounding applause at any point during the speech, and I think that simply means that we recognize how important it is.

We're going to do something great for those in need of healthcare. We're going to set the stage.

I'm an optimist. I'm an optimist that the people in this room will work together to do great things.

Thank you.

 

Five Star Votes: 
Average: 5(2 votes)

Senate approves Hutchinson’s tax cut plan, bill moves to the House

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story by Michael Wilkey, courtesy of Talk Business & Politics
mwilkey@talkbusiness.net

A key part of Gov. Asa Hutchinson’s tax-cutting legislative agenda moved from one end of the capitol to the other Thursday as plans for a House committee hearing are being ironed out.

The tax cut proposal by Hutchinson will now make its way to the House after the state Senate overwhelmingly approved the plan Thursday. The state Senate voted 30-3 Thursday morning to approve Senate Bill 6, cosponsored by Senate President Pro Tempore Jonathan Dismang, R-Searcy and House Speaker Jeremy Gillam, R-Judsonia.

The bill, which passed the Senate Revenue and Taxation committee Wednesday by voice vote, is geared toward middle-class taxpayers.

Under the bill, the plan would immediately cut taxes by 0.1% in 2015 for people making $4,300 to $20,999. Next year, the rate for people making between $21,000 and $35,099 would go from six percent to 5%; while people making $35,100 to $75,000 would go from 7% to 6%.

The bill also included an amendment by Sen. Bill Sample, R-Hot Springs that would change the exemption rate on capital gains from 50% to 30%.

The bill drew support from 22 Republicans and eight Democrats, while three Democrats voted no.

Voting in favor of the bill were Dismang, Sample and Republicans Cecile Bledsoe, Ron Caldwell, Alan Clark, Linda Collins-Smith, John Cooper, Jane English, Jake Files, Scott Flippo, Jim Hendren, Jimmy Hickey, Jeremy Hutchinson, Missy Irvin, Blake Johnson, Jason Rapert, Terry Rice, David Sanders, Gary Stubblefield, Eddie Joe Williams and Jon Woods.

Democrats voting in favor of the bill were David Burnett, Eddie Cheatham, Stephanie Flowers, Keith Ingram, Uvalde Lindsey, Bruce Maloch, Bobby Pierce and Larry Teague. Voting against the bill were Democrats Linda Chesterfield, Joyce Elliott and David Johnson.

The bill now goes to the House.

Late Thursday, the bill was forwarded to the House Revenue and Taxation committee, where the chairman of that committee, Rep. Joe Jett, D-Success, said it could be taken up next week.

FLOOR ACTION
The state House voted 93-0, with Rep. Vivian Flowers, D-Pine Bluff voting present, to approve House Bill 1013.

The bill, sponsored by Rep. Nate Bell, R-Mena, would amend state law involving commissioners appointed to sell property under judicial decrees. Bell told the House that a 2013 law barred circuit clerks from the sales. The bill would seek to include county clerks in the law.

“If the county clerk’s office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the county clerk’s office under this section shall be collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the ‘county clerk commissioner’s fee fund,’” the law reads.

Under the bill, the money collected would be used to offset administrative costs “associated with the performance of the commissioner’s duties and for general operational expenses of the office of county clerk.”

While not naming any names, Bell said he had heard of county clerks in the state profiting from the sales and wanted to extend the law to county clerks.

BILLS INTRODUCED
The following major bills were introduced Thursday in the Arkansas General Assembly:
• House Bill 1133 (Rep. Scott Baltz, D-Pocahontas) – To create a program for licensure of community paramedics.

• Senate Bill 95 (Sen. Jon Woods, R-Springdale) – To create a sales and use tax exemption for certain service organizations.

• House Bill 1127 (Rep. Scott Baltz, D-Pocahontas) – To extend the Legislative Arkansas Blue Ribbon Committee on Local 911 Systems until 2017, and to declare an emergency.

• Senate Bill 91 (Joint Budget Committee) – An act for the State Crime Laboratory appropriation for the 2015-2016 fiscal year.

• Senate Bill 88 (Joint Budget Committee) – An act for the Office of Medicaid Inspector General appropriation for the 2015-2016 fiscal year.

• House Bill 1135 (Joint Budget Committee) – An act for the University of Arkansas at Little Rock appropriation for the 2015-2016 fiscal year.

• House Bill 1136 (Rep. Stephen Magie, D-Conway) – To amend the prescriptive authority of advanced practice registered nurses and physician assistants; to extend prescriptive authority to Hydrocodone combination products if expressly authorized by a physician.

BACK NEXT WEEK
The House and Senate will be off Friday and will reconvene at 1:30 p.m. Monday.

However, the House Agriculture, Forestry and Economic Development committee will meet at 9 a.m. Friday in Room 138 in the capitol.

The committee is supposed to take up House Bill 1111, sponsored by Rep. Warwick Sabin, D-Little Rock. The bill would create the Partnership for Public Facilities and Infrastructure Act and regulate public-private partnerships for public facilities and infrastructure.

Five Star Votes: 
Average: 5(1 vote)

HanesBrands moves work from Honduras to Clarksville, adds 120 jobs

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The first big jobs announcement for Gov. Asa Hutchinson took place Friday (Jan. 23) in Clarksville. It is there that HanesBrands is adding 120 jobs as part of a $1.4 million investment in the building and equipment that brings manufacturing jobs back to the U.S.

HanesBrands is moving hosiery production from Honduras to the Clarksville plant. When the 120 jobs are realized, the company will employ 570 in the county seat of Johnson County. The 120 new jobs will average approximately $39,000 per year in wages and benefits, a $4.7 million economic infusion into the local economy each year, according to information provided by the Arkansas Economic Development Commission.

“As companies continue to bring manufacturing jobs back to the U.S., we are committed to making Arkansas a leader in job creation and manufacturing,” Gov. Hutchinson said in the statement. “Thanks to HanesBrands for its decision to make this significant expansion in Arkansas. The fact the company chose to expand this specific facility demonstrates the quality of our workforce in Clarksville.”

A statement from the office of U.S. Rep. Bruce Westerman, R-Hot Springs, said the expansion is supported by $400,000 in “state flexibility funds.” Travis Stephens, CEO and chief economic development officer for the Clarksville-Johnson County Regional Chamber of Commerce, said the HanesBrands expansion was the chamber’s “first opportunity to utilize our local economic development funds for incentives and partner with the state to help attract more jobs to Clarksville.”

HanesBrands’ Clarksville facility primarily produces sheer hosiery along with seamless bras. It is one of the largest hosiery knitting facilities in the world. The expansion is a result of the company’s effort to bring manufacturing of department store and fashion hosiery back to the United States. The plant already makes the company’s hosiery for mass retailers, including Wal-Mart Stores.

“We are delighted to be able to add jobs at our Clarksville plant,” Javier Chacon, Hanes senior vice president of global operations, said in the AEDC statement. “It is not easy for a U.S. plant to compete with offshore competitors, but the capabilities of our plant workforce and management team in Clarksville to continuously adapt, automate and improve efficiency is a testament to the resiliency of this facility since it opened in 1988.”

According to the AEDC, HanesBrands is unique in the apparel industry in that it primarily operates its own manufacturing facilities. More than 90% of the apparel sold by Hanes worldwide and in the U.S. are manufactured in company-owned plants or those of dedicated contractors.

Founded in 1901, Hanes is headquartered in Winston-Salem, North Carolina. The company is ranked No. 530 on the Fortune 1000 list and has approximately 56,000 employees in more than 25 countries.

The 120 jobs gained in Clarksville could help the state offset the loss of the same number of jobs lost in Fort Smith with the idling of Saint-Gobain’s proppant plant. The drop in energy prices and the subsequent drop in demand for energy-industry products resulted in Saint-Gobain closing its Fort Smith operation. The cuts were effective Wednesday (Jan. 21).

Arkansas’ manufacturing has seen an uptick in jobs during 2014, but is still far below historic levels. Manufacturing jobs in Arkansas during November totaled 157,100, up from 155,800 in October and above the 151,800 in November 2013. Employment in the manufacturing sector fell in 2013 to levels not seen since early 1968. Peak employment in the sector was 247,300 in February 1995.

Five Star Votes: 
Average: 5(1 vote)

Legislators set to see state budget, debate tax cuts and lottery bill

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story from Talk Business & Politics, a TCW content partner

The third week of the Arkansas General Assembly starts Monday, with legislators expected to act on several issues including the Governor’s budget, tax cuts, the private option and the state’s lottery.

The following is a breakdown of the week ahead:

MONDAY
The Senate Public Health, Welfare and Labor committee is expected to take up the bill dealing with the Private Option.

Sen. Jim Hendren, R-Gravette, introduced Senate Bill 96 late Thursday, several hours after Gov. Asa Hutchinson gave a speech at the University of Arkansas for Medical Services in Little Rock. The speech touched on health care in general and the private option, specifically.

Under the Hutchinson plan, he is asking legislators to renew funding for the private option until Dec. 31 of next year. A 16-member task force would look at the program’s future and have a Dec. 31, 2015 deadline to complete a report with recommendations.
Hutchinson said in the speech that the issue must be addressed.

“This debate that we are going through is not unusual in American politics: Do the benefits that we recognize exist outweigh the costs? While the question was basic, a divide was created in our state,” Hutchinson said. “Over the course of the past two years, our state has been wrapped around the political axle. The phrase Private Option itself has become politically toxic, so much so that it’s almost impossible to have a constructive conversation about healthcare reform without passions rising and folks taking sides. Ladies and gentlemen, debate is good. Conviction is good. But let’s remember what we are trying to do here — and that is to build a healthy Arkansas. Not to politicize a phrase to the point where its very utterance becomes an invitation to fight. My goal is to broaden the debate to the larger Medicaid budget.”

The committee, which will meet in Room 272 at the capitol after the Senate adjourns Monday, is also expected to take up Senate Bill 53, sponsored by Sen. Missy Irvin, R-Mountain View.

The bill, similar to a House bill, is an “act to regulate the use of certain drugs used to induce an abortion, to define certain terms, to provide for disciplinary proceedings for abortions performed in violation of this act, to provide a civil cause for action for violations of this act; to require physician reporting and for other purposes.”

The House bill – House Bill 1076, sponsored by Rep. Julie Mayberry, R-Hensley – is expected to go before the House Public Health committee Wednesday.

TAX CUTS & BUDGET
The House is expected to take up Gov. Asa Hutchinson’s tax cut proposal, Senate Bill 6, as early as Tuesday.

The state Senate voted 30-3 Thursday to approve the measure after it was approved by the Senate Revenue and Taxation Wednesday by a voice vote. If approved by the House and signed into law by Hutchinson, the plan would cut taxes by 0.1% this year for people making $4,300 to $20,999.

The bill also cuts taxes from 4% to 5% for people making between $21,000 to $35,099; and 7% to 6% for people making $35,100 to $75,000 in 2016.

The committee also approved an amendment by Sen. Bill Sample, R-Hot Springs, that would change the state exemption rate on capital gains from 50% to 30%.

The committee’s chairman, Democrat Joe Jett of Success, said late last week that the bill should go before the committee by Thursday. Over the weekend, capitol sources said it will probably run Tuesday shortly after Hutchinson’s budget plan is released. The Joint Budget Committee meets ahead of House Revenue and Tax.

LOTTERY
The Senate State Agencies and Governmental Affairs committee is also scheduled to take up a bill that would abolish the state’s Lottery Commission.

Senate Bill 7, sponsored by Sen. Jimmy Hickey, R-Texarkana, would get rid of the commission and require the lottery to be run by the Department of Finance and Administration.

An earlier bill would have placed the program under the auspices of the Arkansas Department of Higher Education. However, the bill was amended last week after Hutchinson said he felt DFA would be a better fit.

Five Star Votes: 
Average: 1(1 vote)

Wal-Mart truck driver George Hart logs 4 million accident-free miles

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story by Kim Souza
ksouza@thecitywire.com

When Wal-Mart trucker George Hart drives into the sunset March 6, he could be the second employee in Walmart’s history to log more than 4 million accident-free miles.

The Anderson County, Mo., resident has spent the past 34 years driving big rigs for the retail giant. He logs about 3,000 miles per week hauling freight from Bentonville to St. James, Mo. 

“I make six trips during each five-day week and I’m home on the weekends, Hart said as he runs between the two distribution centers logging 600 miles a day over a nine-hour period. “I’ve been driving for some 50 years in all since I was 21 years old.”

He’s hasn’t always driven the shorter routes, Hart said when he first came to Wal-Mart there were just a few distribution centers so travel time was extended to two to three days one-way.

He fell into the driving occupation by chance.

“I quit school because I thought I’d gotten smarter than the teacher. I picked up a couple of jobs and eventually went to work for Northwest Arkansas Produce in Springdale and they taught me how to drive the big trucks,” Hart said.

He later drove for Emerson Electric for about a decade prior to signing on with Wal-Mart in 1981. Hart said it was his safe driving record that led him to Wal-Mart – that and higher pay. To be considered for hire by Wal-Mart, the minimum requirement is 250,000 miles without any preventable accidents in the past three years. And while Wal-Mart’s trucking business gained headlines because of the high profile accident involving Tracy Morgan in June 2014, the company’s overall driving record earned the American Trucking Association’s fleet safety award in the fall of 2014.

By industry standards, Wal-Mart has one of the safest private fleets on the road driving 2.11 million miles per preventable accident, according to the retailer’s website and data provided by the Federal Motor Coach Safety Administration. In the past 24 months, Wal-Mart has reported 395 crashes involving its private fleet, eight of those were fatalities, 133 resulted in injuries and 254 were tow-away crashes, according to federal data.

Wal-Mart’s private fleet employs about 7,400 drivers and 140 of them have logged 3 million accident-free miles to date. Hart is just the second driver to cross over 4 million miles. Warren Greeno of Loveland, Colo., hit the mark in September of 2013. Greeno was then 59, and had more than 31 years driving for Wal-Mart.

“Warren got to the mark first driving more long haul routes. He will probably be the first in company history to get to 5 million because he’s younger than me and will keep driving for a few more years. It takes about eight years or so to get a million miles if you are covering 120,000 miles a year which is the average,” Hart said.

Hart said inclement weather is what he considers to the most challenging.

“Cars spinning on slick roads are probably the worst. When they start to spin in front of me, I do everything I can get the rig stopped in time. So far, so good. But it’s not always weather. We have to watch out for the other drivers on the road at all times. I know what I am going to do, but you can never tell about the others out on the road.” Hart said.

Hart said the implementation of technology into rigs and communication devices have made the job a little easier over the years.

“The Qualcom system for dispatch is much better than the old system. It keeps up with our hours of service electronically. The antilock brake system has helped to make the rigs safer and prevent skidding out of control when you have to stop suddenly on wet pavement. The trucks ride smoother and pull better than they used to and they’re running more efficiently at the time,” Hart said.

Hart has no regrets for the near five decades he has sat behind the wheel of a big rig. He said the pubic perception of truckers is somewhat misguided.

“Many think that drivers don’t get enough sleep or they’re running up and down the road tired. It’s false,” Hart said. “Also the pay is good in this profession even without being in a union.”

When Hart retires in March he will join the ranks of about 60,000 truckers who will walk away from the profession this year, according to Bob Costello, economist with the American Trucking Association.

“On average the trucking sector will need to recruit nearly 100,000 new drivers every year to keep up with demand, with nearly two-thirds of the need coming from retirements,” he said.

The industry estimates that accelerated retirements and industry growth will create a driver shortage of 240,000 over the next five years.

The ATA notes that carriers are offering sign-on bonuses and increasing driver pay to try and draw more interest to the profession. Industry-wide average pay for drivers in 2014 is $53,000, while over-the-road distance drivers earn about $75,000.

Hart said he’s looking forward to his retirement and catching up on yard work and a long list of honey-do projects. When he’s at home, Hart likes to let someone else do the driving. 

“I’ll let my wife do the driving from now on,” Hart joked. 

His all-time dream ride is to drive a 500 GT Shelby Mustang on the race track.

When reflecting on his stellar safety record, Hart said it’s just been one day and one trip at time.

“I’ve been careful, lucky and the good Lord has been riding with me all these years,” he added.

Five Star Votes: 
Average: 4.7(7 votes)

Mayor Sanders vetoes Steel Horse Rally funding, sets ‘unhealthy precedent’

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story by Aric Mitchell, special to The City Wire

Fort Smith Mayor Sandy Sanders vetoed an ordinance to provide organizers of the Steel Horse Motorcycle Rally with an $84,000 donation from the city's general fund.

With a 4-3 vote, the Fort Smith Board of Directors voted Jan. 20 to provide the money to rally organizers. The veto letter was issued on Jan. 26. It takes five votes of the seven-member Board to override a veto.

"While supporting the concept of the Steel Horse Rally," Sanders wrote, "I cannot justify the use of tax dollars for what I believe should be a private sector effort, just as Bikes, Blues and Barbecue is in Fayetteville."

The Mayor continued: "The Board of Directors and staff devoted a great amount of time and effort to establish the 2015 budget. Every single department had funding requests reduced. Additionally, the City has a system for organizations to complete an extensive application process to contract services for the City. The 2015 City budget for more than 20 organizations is $145,800, a reduction of $16,200 from last year. How can we allocate $4,950 for the Crisis Center for Women or $4,500 for the Children’s Emergency Shelter, which went through the extensive review process by a panel of City residents, and then suddenly find an additional $84,000 in the budget for a brand new start-up effort which is almost 60 percent of the budget for those organizations with performance histories.”

Sanders also wrote that the ordinance set "an unhealthy precedent, which has already manifested itself in notification by another new organization informing the City that substantial funds to support that event will be requested from the City."

The Mayor did not provide further comment in the letter on what that request was, but stated his his veto was "in the overall best interests of the City.”

Upon follow-up, Sanders said the additional inquiry came from Jeff Gosey, owner of Arkansas Poly and AJ’s Oyster House. Gosey had exchanged emails with Fort Smith Director Mike Lorenz, who championed the Steel Horse Rally. In Gosey’s initial approach, he noted his event was being organized by "a group [of] FSM [Fort Smith] business owners” and is slated for July 31-Aug. 2.

"We will offer a lot of different genres of music … country, rock, blues, bluegrass on Friday and Saturday,” he wrote. "Sunday we will hold a Gospel Brunch. We also plan to have Art tents. Act and artists will be local, regional and national. So, we will have something for everyone.”

Gosey said this new event had a budget of $200,000 and 20% had already been received through private donation after a month of fundraising.

"We are starting a Kickstarter page to help raise funds as well. We launch our brand and label within a week, fingers crossed. We would like your support and could use some funding from the City as well,” he states.

Lorenz responded, voicing his confidence in the economic impact of the Steel Horse Rally. He added that Steel Horse event organizer Dennis Snow came to the city with "a plan, detailed event and budget information and met with us publicly three times and most of us in person as well to present the rally and allow us the ability to vet the event.”

Lorenz said he didn't support providing funding past three years for any such event, Steel Horse or otherwise.

Snow told The City Wire in a phone interview Monday he was “of course, disappointed” the funding unraveled but he and the committee “would have rejected” it anyway without a veto.

Snow said Sanders called him before releasing the veto letter to “let me know he was going to do it. ... My response is that this may actually help us in the long run. For starters, the vote was extremely close. Four members voted in favor of funding the rally, while three were against. We were pleasantly surprised with the outcome there, but when we received the agreement from the city director and the Mayor, it said the money could only be used for musical entertainment, which is not how we presented the request.”

Snow said he didn’t know if the altered agreement was “a precursor to the veto,” but that it would be rejected because “it wasn't what we presented to the board, and it wasn't what the board voted on.”

“We’re a 501(c)(3) just like anyone else, and for them to dictate a) how the money is to be spent, and b) tell us we have to pay it all back if our net receipts show what would normally be a profit, we would have had to reject it anyway.”

Snow said the plan was to donate all the event's net profits to area non-profit organizations. Under the city agreement, those funds would have first gone to repayment. For example, if the event turned a $100,000 profit, he said, only $16,000 would have been eligible for donation.

“This rally is for the people and now it will be funded by the people. We’ll do the best we can from businesses as well as individuals,” Snow said. “We already have over 200 individuals, who have agreed to devote their time. Now we need folks to open their checkbooks for a tax deductible donation.”

In a follow-up email, Snow said the group’s legal representative “never received a copy” of the final agreement.

“To the best of my knowledge, this was not the agreement presented to the Fort Smith Board of Directors nor was it the agreement on the agenda that was approved at their last meeting, 4 to 3. I'm not sure where this attached agreement and its wording (repayment of $84,000 to the City, unlike funding of other charities) came from, because it is certainly not what was discussed in several Fort Smith Board of Directors meetings.”

Link here for a copy of the agreement Snow was provided by the city.

The City Wire co-owner Michael Tilley is a member of the Steel Horse board of directors.

Five Star Votes: 
Average: 4.8(11 votes)

Fort Smith sales tax revenue up in 2014, beats budget estimates

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Collections during 2014 the Fort Smith’s 1% sales tax for the street program topped $20 million for the first time since 2008. The 1% tax generated $20.099 million for the January-December reporting period, up 3.24% over 2013, and was above the budget estimate by 0.78%.

The city’s portion of the countywide 1% sales tax generated $15.625 million in the 2014 report, up 1.77% above 2013 collections, and up 1.29% above budget estimates. The countywide tax collection is critical because the revenue is a little more than 40% of the city’s general budget of roughly $42 million. A majority of the general fund budget supports fire, police and other critical city functions.

Kara Bushkuhl, Fort Smith’s director of finance, also said the franchise fee collections could provide $98,000 more than expected, and the property tax revenue could be up $85,000 more than budgeted.

“The tax revenues for the General Fund reflect approximately $382,000 in more revenue for 2014 than expected in the revised budget figures. I will have the actual revenues and expenditures for the General Fund once the 2014 records are closed,” Bushkuhl noted in her report.

Total collections of city sales taxes (1% for streets and 1% combined for water and sewer projects and fire and parks and recreation) was $40.198 million in the 2014 report.

Total collections of the Fort Smith city sales taxes in 2013 was $38.938 million. Collections in 2012 totaled $39.21 million, just ahead of the $38.684 million collected in 2011. The 2011 collections were 3.9% above the 2010 revenues of $37.23 million.

The countywide tax generated $15.353 million for Fort Smith during 2013, up 0.49% compared to 2012 and down 1.99% compared to budget forecasts. The countywide tax generated $15.279 million in 2012, just ahead of the $15.15 million in 2011, but lower than the peak collection of $16.61 million in 2008.

DECEMBER NUMBERS
The city’s 1% street tax program collected $1.662 million in the December report, up 4.22% compared to December 2013. (Because the state of Arkansas has a two-month delay in reporting collections back to the cities, the city of Fort Smith — for budgeting purposes — has historically reflected the collections on a one-month delay. Which is to say, the tax collections remitted to cities in January are from taxes collected in November and transferred by merchants to the state in December.)

The city ended the year on a good note with respect to collections. Fourth quarter 2014 collections of the tax were $5.055 million, up 7.31% compared to the same quarter in 2013.

December’s countywide sales tax brought in $1.292 million to the city, up 3.88% compared to December 2013. Fourth quarter 2014 revenue to the city from the countywide tax was $3.943 million, up 7.32% compared to the same quarter in 2013.

PREVIOUS ANNUAL COLLECTION INFO
Fort Smith 2% sales tax collection (1% for streets; 1% for water/sewer bonds)
2014: $40.198 million
2013: $38.938 million
2012: $39.210 million
2011: $38.683 million
2010: $37.229 million
2009: $37.554 million
2008: $41.226 million
2007: $37.858 million
2006: $36.840 million

Fort Smith portion of 1% countywide sales tax
2014: $15.625 million
2013: $15.353 million
2012: $15.279 million
2011: $15.15 million
2010: $14.89 million
2009: $15.04 million
2008: $16.61 million
2007: $15.15 million
2006: $14.71 million

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Hutchinson tax plan faces opposition, AEDC funding proposed

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story from Talk Business & Politics, a TCW content partner

Gov. Asa Hutchinson’s tax cut proposal faces opposition in the House from some Republicans opposed to the repeal of a capital gains tax cut and some Democrats who want to see the full budget first. A compromise is being considered. The Legislature also will soon consider a new budget for the state’s job recruitment efforts.

Senate Bill 6 by Sen. Jonathan Dismang, R-Searcy, cuts income tax rates from 6% to 5% for Arkansans making $21,000 to $35,099 and from 7% to 6% for those with incomes between $35,100 and $75,000. The tax cut was one of Gov. Asa Hutchinson’s signature campaign themes.

To offset some of the revenue loss, the bill, passed unanimously by the Senate Revenue and Taxation Committee Wednesday, repealed a provision passed in 2013 that increased the capital gains tax exemption from 30% to 50% effective Jan. 1, 2013. Under the bill, the exemption reverts back to 30%. The amendment also repealed a 2013 exemption for all capital gains above $10 million.

Sen. Jake Files, R-Fort Smith, chairman of that committee, said some House Democrats are hesitant to vote for the bill because they haven’t seen the budget, and some Republicans are unhappy because of the capital gains tax cut repeal. A compromise exemption of 40% is being considered.

“I do think you’ll see some movement in the House to get the capital gains brought back in some form of what it was, what we had passed in 2013,” he said.

EXEMPTION NUMBERS, POLITICS
The difference between a 30% and 50% exemption was projected to average $19.7 million a year over a six-year period, said John Theis, Department of Finance and Administration assistant revenue commissioner. An average was needed because capital gains revenues can fluctuate as much as 300 percent year-to-year.

“A 40 percent (exemption) would be roughly half of that $19.7 million,” he said.

Ending the exemption on all capital gains above $10 million would increase state revenues by $1.2 million, Theis said.

Files said a 40% exemption would pass his committee, as probably would the previous 50% exemption.

“I think most of us would have voted for (the bill) without (the capital gains provision) in there just as long as it was responsible and the numbers worked, so I think if there is a change, I think you’ll see it agreed to in the Senate,” he said.

He said he would vote for the 50% exemption “with a caveat. If it comes back with no change in the capital gains, I’d want to see where that money comes from. If the House is going to push that direction, then I think they’re going to have to meet with the governor, and the governor’s going to have to change his budget, because you’re not going to be able to come out and show a negative budget, a negative number at the bottom.”

Files did not believe the 50% exemption could simply be absorbed in the budget.

“I think (the governor is) going to have to cut something else,” he said. “It wasn’t just there on a whim. I think it was in there because there was a need to plug another $20 million.”

Hutchinson spokesman J.R. Davis said the governor’s office could not comment at this time.

CAPITAL GAINS CHANGE PUSHBACK
Files said legislators have been hearing from constituents unhappy about the capital gains tax increase – business owners and others.

“I heard from an accountant this weekend that said that he had a fair amount of clients that were not business owners but that had gains in the stock market from last year that would pay more because of it,” he said.

House Revenue and Taxation Committee Chairman Rep. Joe Jett, D-Success, said Monday that he plans to poll committee members on the House floor today about the possibility of a 40% compromise.

The bill is scheduled to run in committee tomorrow. Jett said he had “talked to a couple of people” who were not ready to commit but were “willing to engage and talk.” Democrats who have been concerned because they have not seen Gov. Hutchinson’s budget will have the opportunity to see it this afternoon, he said.

“Some time by later on today, we’re going to have a pretty good handle on it,” he said. “If it looks like we don’t have the votes, then we’ll certainly not run it in the committee. We’re going to just try to work through this and try to ease everybody’s concerns, take care of the members’ concerns and try to work through it in a responsible manner.”

AEDC FUNDING
The appropriation bill that funds the Arkansas Economic Development Commission will allow for a lot of money to help land economic projects this year, according to the bill introduced Monday.

The Joint Budget Committee turned in Senate Bill 111 that would fund AEDC, effective July 1, 2015. The bill has a $200 million line-item appropriation for funding of so-called “superprojects” under Amendment 82 of the Arkansas Constitution. It also seeks $50 million for spending through the Governor’s Quick Action Closing Fund.

Information about economic development projects are often held close to the vest and are not considered public record under the Arkansas Freedom of Information Act. However, Amendment 82 was used in the 2013 session to help land the Big River Steel superproject in Mississippi County. Officials broke ground on the project, south of Osceola, last year. The $1.3 billion project is expected to create 2,000 construction jobs as well as 545 jobs at the mill.

The budget sets aside $22.2 million in state funding with roughly half of the money going toward industrial training. The bill also would also allow $30 million to be spent on a Technology Acceleration Program.

The budget bill also sets the salary for the commission’s director at $139,706, although there has been discussion of raising the AEDC director’s salary or allowing for private funds to enhance the pay for the position.

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Van Buren welcomes new council members, approves RITA funding

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story by Aric Mitchell, special to The City Wire

The Van Buren City Council welcomed three new members at its inaugural meeting of 2015 on Monday, Jan. 26. The meeting was held at the city’s Municipal Complex.

In November, Jim Petty ran unopposed for the Ward 1, Position 2 Alderman post, while Darral Sparkman defeated Scott Curtis for Ward 2, Position 2 Alderman; and Alan Swaim ousted Johnny Ragsdale for the Ward 3, Position 2 slot.

As first days on the job go, this one was drama free. The Council had three resolutions and two ordinances on the agenda, all of which passed with unanimous votes of 6-0 with the exception of the ordinance conducting business with a city employee.

That employee is Swaim, who abstained from the final vote, which authorized the city to pay his company, Swaim Office Products, for products purchased prior to his taking office as well as establishing an ongoing business relationship.

Council members also voted to approve firefighter Johnny Taylor’s request to extend his period of participation within the Deferred Retirement Option Plan (DROP) from five years to 10 years. Taylor is the last remaining employee to have been with the Van Buren Fire Department when it managed firefighter pensions in-house. Those duties have since been absorbed by the Arkansas Local Police and Fire Retirement System (LOPFI), which only allows DROP plans of five and seven years.

Van Buren previously allowed for five and 10 years, so Taylor will have those options available to him if he chooses before he would need to retire.

On the resolution front, the city voted to continue its financial support of the Regional Intermodal Transportation Authority (RITA), which was established to advance economic development in the Fort Smith and Van Buren areas. Previous financial commitments by the city were around $50,000, Van Buren Mayor Bob Freeman said, but that number has since eased back to $37,025 for 2015.

Also Monday night, the city approved to remove certain fixed assets from its inventory. Items included two Police Department servers, a Police Department laptop, and a 4.5 HP compressor unit utilized by the Senior Inn. An auction will be set at a later date and will be advertised to the public.

Finally, the City Council set a public hearing for its Feb. 23 meeting. The hearing will focus on possible abandonment of a public alley in the Grandview Addition within the city limits.

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