Said in CommitteeBeta

Exactly as spoken.

Judiciary Committee- House

April 9, 2019 ·10:00 AM ·Room 149 ·11:20
Video Transcript 1 document

Bills discussed (6)

Bill Title Sponsor Status
HB1609 Act 1014 · 4 mentions in chapter, agenda, transcript
Matched: “HB1609 Gazaway TO AMEND THE LAW CONCERNING THE OFFENSE OF POSSESSI…”
TO AMEND THE LAW CONCERNING THE OFFENSE OF POSSESSION OF DRUG PARAPHERNALIA. Gazaway Notification that HB1609 is now Act 1014
HB1765 Act 1021 · 4 mentions in chapter, agenda, transcript
Matched: “HB1765 Maddox TO ESTABLISH THE UNIFORM DIRECTED TRUST ACT.”
TO ESTABLISH THE UNIFORM DIRECTED TRUST ACT. Maddox Notification that HB1765 is now Act 1021
HB1789 Act 1022 · 4 mentions in agenda, chapter, transcript
Matched: “…TION, TAMPERING WITH EVIDENCE, JURY TAMPERING, AND BRIBERY. HB1789 Penzo TO AMEND THE LAW CONCERNING THE OFFENSE OF TRAFFICKIN…”
TO AMEND THE LAW CONCERNING THE OFFENSE OF TRAFFICKING; AND TO CREATE AN OFFENSE FOR … Penzo Notification that HB1789 is now Act 1022
HB1217 Act 1010 · 3 mentions in agenda, chapter, transcript
Matched: “…CONCERNING THE OFFENSE OF POSSESSION OF DRUG PARAPHERNALIA. HB1217 Tosh CONCERNING THE SUBMISSION OF AND FORENSIC TESTING OF F…”
CONCERNING THE SUBMISSION OF AND FORENSIC TESTING OF FIREARMS BY THE STATE CRIME LABORATORY. Tosh Notification that HB1217 is now Act 1010
HB1633 Act 1017 · 3 mentions in chapter, agenda, transcript
Matched: “HB1633 Tosh TO AMEND THE LAW REGARDING WITNESS INTIMIDATION, RETAL…”
TO AMEND THE LAW REGARDING WITNESS INTIMIDATION, RETALIATION, TAMPERING WITH EVIDENCE, JURY TAMPERING, AND BRIBERY. Tosh Notification that HB1633 is now Act 1017
HB1695 Act 1020 · 2 mentions in chapter, transcript
Matched: “HB1695 Scott TO PROTECT CHILDREN WHO ARE BEING TRAFFICKED FROM BEI…”
TO PROTECT CHILDREN WHO ARE BEING TRAFFICKED FROM BEING PROSECUTED FOR PROSTITUTION. Scott Notification that HB1695 is now Act 1020

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Representative Carol Dalby Chair Unverified 0:00
Chair sees a quorum. Members, we have concurrences that we need to deal with, so we'll begin at the top of our agenda with House Bill 1765, and the chair will recognize Representative Maddox.
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Representative John Maddox Unverified 0:30
Thank you, Madam Chair. May I go ahead and present? Yes, please. So this is the directed trust bill that we passed a few weeks ago. It went down to the Senate. This amendment is very simple. Number one, it adds Senator Malik as the Senate co-sponsor. And then it just does clarify that a directed trustee has a duty to comply with the direction of a trust director within the scope of his powers although the wording of the amendment is not identical to the uniform law the Uniform Law Commission has now approved it and it is it is uniform so now we have the Arkansas Bankers Association Arkansas Bar Association and the Uniform Law Commission are all supportive of this bill and that's all it does and I would entertain any questions first members are there
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Representative Carol Dalby Chair Unverified 1:22
any questions we do have one person who has signed up to speak for the bill? Mr. Foster? Oh, Ms. Foster, sorry. You're good? Okay. Are you ready to close for your
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Representative John Maddox Unverified 1:38
concurrence? I'm closed for the concurrence and
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Representative Carol Dalby Chair Unverified 1:43
I would make a do pass motion. Members, we have a motion to adopt the, a do pass to adopt the concurrence on House Bill 1765. Any discussion? All in favor, please say aye. Aye. Any opposed, please say no. Motion carries. Concurrence has been adopted. Members, if you will turn to House Bill 1695. House Bill 1695, the chair will recognize Representative Scott.
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Speaker 12 2:19
Good morning. Thank you, Madam Chair. Thank you, colleagues. This amendment was brought to us by Representative Sullivan. He didn't want to hold it up on the House floor, and so he asked me just to add in one sentence that says, at the first time of arrest, and you will see that on the amendment, and that's the concurrence that you see before you. And so if you don't have any questions, I ask for a due pass on the concurrence.
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Representative Carol Dalby Chair Unverified 2:44
Members, are there any questions in regards to the concurrence? I think you hit the light switch. There we go. Thank you. Members, I see no questions on the concurrence. We have no one who signed up to speak for or against the concurrence. We do have a motion on the floor to adopt a due pass to adopt the concurrence. Is there any discussion? All in favor, please say aye. All opposed, please say no. Motion carries. Congratulations. Thank you, colleagues. Our next bill up is House Bill 1609. Is anyone here to run Representative Gassaway? He said it will be here in one minute. Oh, okay. Then let's move to House Bill 1217. Representative Tosh, you're recognized to present the concurrence to House Bill 1217. Thank you, Madam Chair.
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Representative Dwight Tosh Unverified 4:00
The only changes made in this particular bill when it got on the Senate end is they changed a shall, was changed to a may, and then they also on line 12, they put an after final adjudication. This has to do when a firearm is sent to the crime lab for forensic evaluation, and so those are the only changes they made. Any questions? Members,
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Representative Carol Dalby Chair Unverified 4:27
are there any questions regarding the changes? We have no one who has signed up to speak for or against the concurrence. Representative Tosh, you're
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Representative Dwight Tosh Unverified 4:37
recognized to close. I'm closed, and I would ask for a motion
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Representative Carol Dalby Chair Unverified 4:41
of due pass, as amended. Members we have a motion to adopt the concurrence, a due pass. Is there any questions, any discussion? All in favor of the motion, please say aye. Any opposed? Motion carries. Congratulations. Representative Tosh, while you're at the end of the table, we'll take up House Bill 1633.
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Representative Dwight Tosh Unverified 5:01
Thank you, Madam Chair. Committee members, this is the bill where we enhance the penalty for intimidation of a witness, a juror, or tampering with an investigation. The only change that was made on the Senate end was the tampering with evidence or with an investigation. We had elevated that or enhanced that from a Class A misdemeanor to a Class D felony. They changed it that informing or testifying to change or to tamper with that investigation would still remain a Class D felony. However, everything else in regards to that statute would also remain as a Class A misdemeanor. That was the only exception in the amendment they made on the Senate end. Members, are there any
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Representative Carol Dalby Chair Unverified 5:47
questions regarding the amendments? We have no one who has signed up to speak for or against. You're recognized to close. I'm closed,
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Representative Dwight Tosh Unverified 5:55
and I would ask for a due pass as concurred with Senate amendment. Members, we have a
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Representative Carol Dalby Chair Unverified 6:01
motion on the table. Is there any discussion? All in favor, please say aye. Any opposed, say no. Motion carries. Now let's move back up to House Bill 1609. Representative Gassaway, you're recognized to present. Thank you, Madam Chair.
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Representative Jimmy Gazaway Unverified 6:28
Thank you, Committee. This is just to concur and send an amendment. Basically, if you recall, when this bill came through, Initially, we had that the penalty would be enhanced for drug paraphernalia with respect to any Schedule I or II substance, and there were some comments made. We specifically wanted to target heroin and fentanyl because those are the drugs that we're having the most problems with currently, and so any Schedule I or II substance was pretty broad, and while I don't think that that was necessarily wrong or bad to do it that way. In the Senate, they said, let's specifically target the drugs that we're having a problem with, again, which are heroin and fentanyl. And so in the Senate, they replaced Schedule 1 and Schedule 2 with simply heroin and fentanyl. And that's what the Senate amendment does. And make a motion to pass or to concur in the Senate amendment.
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Representative Carol Dalby Chair Unverified 7:25
Members, are there any questions in regard to the amendment? We have no one who has signed up to speak for or against, we do have a motion to concur, I do pass on the motion to concur in the Senate amendments. Are there any discussions? All in favor, please say aye. Aye. Any opposed, say no. Motion carries. Congratulations. Thank you, Madam Chair. Thank you. Members, the last concurrence we have is House Bill 1789. Chair would recognize Representative Penzo. Representative Penzo, you're recognized.
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Representative Clint Penzo Unverified 8:02
Thank you, Madam Chair. House Bill 1789 is my adoption bill that we heard in the committee. Sent it down to the Senate, got a significant haircut, came back 11 pages lighter. So now we have, it's same wording as before, it's just missing the third section. The five attorneys that I'd mentioned that were in opposition now are just neutral. they're in full support of it so is the bar association um if you want clarification on anything but like i said we've already seen the bill so it's just cleaned up representing collins
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Representative Carol Dalby Chair Unverified 8:40
you're recognized for a question thank you
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Representative Andrew Collins Unverified 8:43
madam chair did the uh the marshallese community still support this bill as far as you know yes yes and
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Representative Clint Penzo Unverified 8:50
so do other communities in my district
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Representative Carol Dalby Chair Unverified 8:54
representing crawford you're recognized for a question thank
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Representative Cindy Crawford Unverified 8:57
you madam chair i noticed that Abby Cox was there from ABBA adoption at the Senate meeting? Yes. Do you know, are they in agreement with this now that it's been changed? Yes. Okay, thank you. Members, any
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Representative Carol Dalby Chair Unverified 9:10
other questions? We have no one who has signed up to speak for or against the bill. Are you closed for your concurrences? Appreciate a good vote. Members, Representative Penzo has closed. What are the wishes of the committee? Representative Maddox, you're recognized. We have a motion to do pass on the concurrences. Any discussion? All in favor, please say aye. Aye. All opposed, say no. Motion carries. Congratulations. Representative Penzo. Thank you, committee. Representative Scott, you're recognized. Do you have something else? Members, we double-checked the agenda to make sure there wasn't anything that came out of the senate last night that would come to us we have found no other bills we have handled all our concurrences i know we had a couple of folks who questioned or had a question if your concurrence that went down to the senate was just adding a senate sponsor it did not have to come back through the committee it is to be on the house calendar today you might want to go double check with amber up at the house to make sure that if you have a bill that's in that position that it is on our calendar but it didn't need to come with us oh representative maddox what a great what a great way to end our committee we are a committee a story about love once again and i've said it before y'all were a great committee i sure do appreciate all your your hard work, your diligence. I know that there were times you took arrows to the back and insults to the front. But I appreciate you hanging in there, appreciate you coming in and taking the tough votes and being there. So with that, I know of no other, I truly know of no other business. Now, that doesn't mean that the Senate might find some business for us, but we are adjourned. Thank you.
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Agenda

Number Sponsor Subtitle

HB1765 Maddox TO ESTABLISH THE UNIFORM DIRECTED TRUST ACT.

0:13

HB1695 Scott TO PROTECT CHILDREN WHO ARE BEING TRAFFICKED FROM BEING PROSECUTED FOR PROSTITUTION.

2:07

HB1609 Gazaway TO AMEND THE LAW CONCERNING THE OFFENSE OF POSSESSION OF DRUG PARAPHERNALIA.

6:19

HB1217 Tosh CONCERNING THE SUBMISSION OF AND FORENSIC TESTING OF FIREARMS BY THE STATE CRIME LABORATORY.

3:36

HB1633 Tosh TO AMEND THE LAW REGARDING WITNESS INTIMIDATION, RETALIATION, TAMPERING WITH EVIDENCE, JURY TAMPERING, AND BRIBERY.

5:03

HB1789 Penzo TO AMEND THE LAW CONCERNING THE OFFENSE OF TRAFFICKING; AND TO CREATE AN OFFENSE FOR THE UNLAWFUL SOLICITATION FOR THE RELINQUISHMENT OF PARENTAL RIGHTS.

7:55

Speakers

Representative Carol Dalby Chair Unverified
22 segments
Representative John Maddox Unverified
3 segments
Speaker 12
1 segment
Representative Dwight Tosh Unverified
5 segments
Representative Jimmy Gazaway Unverified
3 segments
Representative Clint Penzo Unverified
3 segments
Representative Andrew Collins Unverified
1 segment
Representative Cindy Crawford Unverified
1 segment