VOTE NO on Spy & Tax SB 140 and HB 1388
SB 140 and HB 1388 are both bad for consumers and businesses! SB 140 and HB 1388 will limit the choices of Arkansans by forcing many businesses out-of-state, hindering them from doing business with Arkansas because of unnecessary, UNCONSTITUTIONAL taxes and intrusive oversight. This will be a taxation NIGHTMARE!
Do our Arkansas State Legislators really CARE? This is nothing more than “Big Brother Watching Over You” and sounds a lot like a Police State. Rather than devising a tax scheme that will hurt consumers and businesses, our legislators need to take note of the millions of dollars of wasteful Appropriation Bills passed each year by the State Legislators. Remember, just recently, one of the Arkansas Representatives pleaded guilty on a $38,000 kickback (bribe) originating from the Arkansas State GIF Funds. (This kickback is still under investigation by the FBI. There may 10 to 15legislators or former legislators involved in this investigation. Other Legislators and NGOs could be next!)
Governor Asa Hutchinson has stated in the past: “NO NEW TAXES.” What happened?
Senate Bill 140 was filed by Senator Jake Files from Fort Smith (R). This is the offensive companion bill of HB 1388. SB 140 was referred to the House Committee on Revenue and Taxation and will be heard Tuesday, February 14, 2017 at 10:00 a.m. in Room 151 at the Arkansas State Capitol. Contact your lawmakers today!
House Bill 1388 was filed by Representative Dan Douglas from Bentonville (R) and is a very offensive bill designed to spy and tax. It expands Big Brother’s spying ability to collect information about your buying habits, and then tax you! HB 1388 has been referred to the Senate Committee on Revenue and Taxation.
The states are playing with Interstate Commerce, and this is forbidden! See U.S. Constitution Article 1, section 8, clause 3: The Congress shall have Power To… Regulate Commerce with foreign Nations. And among the several States, and with the Indian Tribes; Also see U.S. Supreme Court Case that clearly ruled in Quill Corp. v. North Dakota (1992) that state sales tax laws have finite jurisdictions under the Constitution. The Quill doctrine holds that, absent Congressional action, states do NOT have the power to force remote sellers to collect and remit sales taxes.
Written in this vile legislation, when you buy an item from an out of state seller (who doesn’t have any facilities in Arkansas), the seller would be required to send information about you and your purchases to the Arkansas Department of Finance and Administration (DFA). When this information is collected, DFA can track you down and demand you pay a “use tax” on the item you bought out-of-state. The legislation would require the out-of-state seller to identify certain pieces of information which is unnecessary and intrusive.
- The out of state seller must notify the Arkansas purchasers that a sales or use tax is due and that the State of Arkansas requires the purchaser to file a sales or use tax return for these purchases..
- If the seller fails to provide the notice to the purchaser they are subject to a penalty for each failure to provide notice.
- The seller must send to the Arkansas purchasers by January 31 of each year showing the total amount paid by the purchaser for Arkansas purchases made from the seller.
This notice must include:
- Date of each purchase
- Amount of each purchase
- Category of each purchase
- State of Arkansas requires the purchaser file a sales or use tax return and pay the taxes due to the Director of the Department of Finance and Administration of the State of Arkansas.
- Seller Name
- If the seller fails to file and pay the sales or use tax due there will be a penalty for each failure to provide notice
- The total amount you spent at the store during each year; and
- Each delivery or shipping address to where you had the items sent — family, friends, and other businesses.
You wouldn’t tolerate the government having a record of places where you shop in Arkansas, so why would you allow the government to have a record of your out-of-state purchases?
The following is the subtitle of SB 140:
TO PROVIDE FOR THE COLLECTION OF SALES AND USE TAX RATHER THAN USE TAX ON SALES BY CERTAIN REMOTE SELLERS.
The following is the subtitle of HB 1388:
REQUIRE OUT-OF-STATE SELLERS AND FACILITATORS TO PROVIDE NOTICE TO ARKANSAS PURCHASERS REGARDING TAX DUE ON CERTAIN PURCHASES AND TO REPORT SALES MADE TO ARKANSAS PURCHASERS.
CALL TO ACTION: There are TWO bills about which we must all contact the legislators. Here’s what to do:
ACTION #1:
Contact the members of the House Committee on Revenue and Taxation by email and phone, and tell them to VOTE NO on SB 140. We have linked their email addresses by themselves so you can copy and paste them into the “TO” in your email to them and send ONE email to all of the Representatives at once. PLEASE also call them and tell them to VOTE NO on SB 140. Their contact information is in the table below the list of email addresses.
eddie.armstrong@arkansashouse.
monte.hodges@arkansashouse.org
kenneth.ferguson@
vivian.flowers@arkansashouse.
michael.gray@arkansashouse.org
danny.watson@arkansashouse.org
|
Title |
Name |
Phone |
|
District |
|---|---|---|---|---|
|
Representative |
Joe Jett (Chair) |
56 |
||
|
Representative |
Joe Farrer (Vice Chair) |
44 |
||
|
Representative |
Greg Leding |
86 |
||
|
Representative |
Charlie Collins |
84 |
||
|
Representative |
Reginald Murdock |
48 |
||
|
Representative |
Scott Baltz |
61 |
||
|
Representative |
Jim Dotson |
93 |
||
|
Representative |
Eddie L. Armstrong |
37 |
||
|
Representative |
Ken Bragg |
15 |
||
|
Representative |
Warwick Sabin |
33 |
||
|
Representative |
Monte Hodges |
55 |
||
|
Representative |
Douglas House |
40 |
||
|
Representative |
Kim Hendren |
92 |
||
|
Representative |
Les Eaves |
46 |
||
|
Representative |
Kenneth B. Ferguson |
16 |
||
|
Representative |
Bob Johnson |
42 |
||
|
Representative |
Vivian Flowers |
17 |
||
|
Representative |
Michael John Gray |
47 |
||
|
Representative |
Danny Watson |
3 |
||
|
Representative |
Les Warren |
25 |
ACTION #2:
Contact the members of the Senate Committee on Revenue and Taxation by email and phone, and tell them to VOTE NO on HB 1388 because it’s a bad piece of legislation! We have linked their email addresses by themselves first so you can copy and paste them into the “TO” in your email to them and send ONE email to all of the Senators at once. PLEASE also call them and tell them to VOTE NO on HB 1388. Their contact information is in the table below the list of email addresses.
|
Title |
Name |
Phone |
|
District |
|---|---|---|---|---|
|
Senator |
Jake Files (Chair) |
8 |
||
|
Senator |
Larry Teague (Vice Chair) |
10 |
||
|
Senator |
Jonathan Dismang |
28 |
||
|
Senator |
Bruce Maloch |
12 |
||
|
Senator |
Keith Ingram |
24 |
||
|
Senator |
Jimmy Hickey, Jr |
11 |
||
|
Senator |
Jason Rapert |
35 |
||
|
Senator |
Bill Sample |
14 |
And you may call the House and/or Senate Session numbers to leave a message for any Senator or Representative:
House Session Number: 501-682-6211
Senate Session Number: 501-682-2902
As always, you can find our email articles posted on our website: SecureArkansas.com. The Search box is a handy tool. For more information about a topic, just type it into the Search box on our website, and click Enter!
Securing the blessings of liberty,
Secure Arkansas
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