Said in CommitteeBeta

Exactly as spoken.

February 28, 2013

February 28, 2013
Video Transcript

Bills discussed (30)

Bill Title Sponsor Status
HB1409 · 5 mentions in chapter, transcript
Matched: “HB1409”
Pre-2017 bill
HB1397 · 4 mentions in transcript, chapter
Matched: “read House Bill 1397. House Bill 1397, Representative Letting to amend the Petro…”
Pre-2017 bill
HB1415 · 4 mentions in transcript, chapter
Matched: “House Bill 1415. House Bill 1415 by Representative Vines concerning”
Pre-2017 bill
HB1440 · 4 mentions in transcript, chapter
Matched: “Please read House Bill 1440. House Bill 1440 by Representative Shepard and all to make…”
Pre-2017 bill
HB1396 · 3 mentions in chapter, transcript
Matched: “HB1396”
Pre-2017 bill
HB1449 · 3 mentions in transcript, chapter
Matched: “Bill 1449. House Bill 1449, Barrett's in a fight concerning the sentence enhancement f…”
Pre-2017 bill
HB1461 · 3 mentions in chapter, transcript
Matched: “HB1461”
Pre-2017 bill
HR1015 · 3 mentions in chapter, transcript
Matched: “HR1015”
Pre-2017 bill
HB1021 · 1 mention in transcript
Matched: “…ittee on judiciary to whom is referred. House Bill 1417 and House Bill 1021. We have the same under consideration here with the recomme…”
Pre-2017 bill
HB1224 · 1 mention in chapter
Matched: “HB1224”
Pre-2017 bill
HB1250 · 1 mention in transcript
Matched: “…ker, we are committed on the judiciary, to whom is referred House Bill 1250, House Bill 1354, House Bill 1450, and Senate Bill 307. We…”
Pre-2017 bill
HB1310 · 1 mention in transcript
Matched: “…Speaker, we are committed on education, to whom is referred House Bill 1310, beg of”
Pre-2017 bill
HB1317 · 1 mention in chapter
Matched: “HB1317”
Pre-2017 bill
HB1354 · 1 mention in transcript
Matched: “…tted on the judiciary, to whom is referred House Bill 1250, House Bill 1354, House Bill 1450, and Senate Bill 307. We have the same und…”
Pre-2017 bill
HB1410 · 1 mention in transcript
Matched: “…Speaker, we are committed on education to whom is referred. House Bill 1410, House Bill 1469, and House Bill 1485. Begley to report we…”
Pre-2017 bill
HB1417 · 1 mention in transcript
Matched: “…peaker, we're a committee on judiciary to whom is referred. House Bill 1417 and House Bill 1021. We have the same under consideration h…”
Pre-2017 bill
HB1431 · 1 mention in chapter
Matched: “HB1431”
Pre-2017 bill
HB1450 · 1 mention in transcript
Matched: “…iary, to whom is referred House Bill 1250, House Bill 1354, House Bill 1450, and Senate Bill 307. We have the same under consideration…”
Pre-2017 bill
HB1469 · 1 mention in transcript
Matched: “…ommitted on education to whom is referred. House Bill 1410, House Bill 1469, and House Bill 1485. Begley to report we have the same und…”
Pre-2017 bill
HB1472 · 1 mention in transcript
Matched: “…, we are a committee on joint budget to whom is referred to House Bill 1472, House Bill 1487, House Bill 1500, and House Bill 1502. Beg…”
Pre-2017 bill
HB1475 · 1 mention in transcript
Matched: “transportation to whom is referred. House Bill 1475. Begley to report we have the same under consideration. Hee…”
Pre-2017 bill
HB1485 · 1 mention in transcript
Matched: “…to whom is referred. House Bill 1410, House Bill 1469, and House Bill 1485. Begley to report we have the same under consideration. Hee…”
Pre-2017 bill
HB1487 · 1 mention in transcript
Matched: “…tee on joint budget to whom is referred to House Bill 1472, House Bill 1487, House Bill 1500, and House Bill 1502. Begley report we hav…”
Pre-2017 bill
HB1500 · 1 mention in transcript
Matched: “…et to whom is referred to House Bill 1472, House Bill 1487, House Bill 1500, and House Bill 1502. Begley report we have the same under…”
Pre-2017 bill
HB1502 · 1 mention in transcript
Matched: “…d to House Bill 1472, House Bill 1487, House Bill 1500, and House Bill 1502. Begley report we have the same under consideration. Heer t…”
Pre-2017 bill
SB307 · 1 mention in transcript
Matched: “…rred House Bill 1250, House Bill 1354, House Bill 1450, and Senate Bill 307. We have the same under consideration here with the recomme…”
Pre-2017 bill
SB405 · 1 mention in chapter
Matched: “SB405”
Pre-2017 bill
SB413 · 1 mention in chapter
Matched: “SB413”
Pre-2017 bill
SB415 · 1 mention in chapter
Matched: “SB415”
Pre-2017 bill
SB416 · 1 mention in chapter
Matched: “SB416”
Pre-2017 bill

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Speaker 1 0:00
For these men and women who have taken up the banner to lead this great state, Father, I just pray your blessing on them today. I pray for wisdom. I pray for understanding and discernment as they think about their constituents at home. And, Father, lead them to make the decisions that are honorable. I pray for wisdom. I pray for courage as they lead. Bless them. Bless their families, Father, as their way. I just pray that you undergird them and surround them with protection and peace. We ask all this in Jesus' name. Amen.
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Speaker 2 0:30
I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Members, indicate
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Representative Davy Carter Chair Unverified 0:47
your presence by pushing your yellow present button. Prepare the machine, Mr. Clerk. Cast the balance for 95 members present. The chair sees a quorum. Are there any requests for leave? Representative Nichols, you're recognized.
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Speaker 9 1:31
Representative Walker. Leave granted for Representative Walker. Leave granted,
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Speaker 10 1:37
Representative Overby. Leave for Representative McCrary. Leave granted for
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Speaker 9 1:40
Representative McCrary. Leave is granted, Representative Wilkins. Leave for Representative Darren Williams. Leave granted for Representative Williams. Leave. Leave is granted. Are there any other requests for leave? Representative James L. Ward, moves we
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Representative Davy Carter Chair Unverified 1:54
dispense with the reading of the previous day's journal. No objection. So ordered. Are there reports from select committees? Read the reports, Mr. Clerk.
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Representative Duncan Baird Chair Unverified 2:03
Mr. Speaker, we are a committee on joint budget to whom is referred to House Bill 1472, House Bill 1487, House Bill 1500, and House Bill 1502. Begley report we have the same under consideration. Heer to return the same with the recommendation that they do pass. Respectfully submitted. Duncan Baird, Chair. Are there reports from standing committees? Read
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Speaker 18 2:23
the reports, Mr. Clerk. Mr. Speaker, we are committed on public
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Representative Duncan Baird Chair Unverified 2:28
transportation to whom is referred. House Bill 1475. Begley to report we have the same under consideration. Heer to return the same with the recommendation that it do pass as amended. Respectfully submitted. Walz McCrary, Vice Chair. Mr. Speaker, we are committed on education to whom is referred. House Bill 1410, House Bill 1469, and House Bill 1485. Begley to report we have the same under consideration. Heer to return the same with the recommendation that they do pass. Mr. Speaker, we are committed on education, to whom is referred House Bill 1310, beg of Mr. Speaker, we are committed on the judiciary, to whom is referred House Bill 1250, House Bill 1354, House Bill 1450, and Senate Bill 307. We have the same under consideration here with the recommendation that they do pass. Mr. Speaker, we're a committee on judiciary to whom is referred. House Bill 1417 and House Bill 1021. We have the same under consideration here with the recommendation that they do pass as amended, respectfully submitted. Marshall Wright, Chair. Mr.
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Representative Davy Carter Chair Unverified 3:49
Any Unfinished Business, are there any executive communications?
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Representative Duncan Baird Chair Unverified 3:53
Members, I'd like to recognize our doctor of the day, Dr. Brendan
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Speaker 23 4:07
C. Stack of Little Rock. Mr. Clerk, read
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Representative Duncan Baird Chair Unverified 4:12
House Resolution 1015. House Resolution 1015, Representative Meeks, House, McGee, and Meeks, congratulating the University of Central Arkansas Bears football team for an outstanding 2012 season and for continuing excellence in academics. Representative Meeks, you're recognized to explain the resolution.
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Representative Stephen Meeks Unverified 4:31
Thank you, Mr. Speaker. I would like to ask Representative McGee, Representative Stephen Meeks, and Representative
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Speaker 28 4:36
Doug House, and also Representative Mark Lowry to join me at the well. It's an honor and a pleasure to be able to represent the University of Central Arkansas, but really all of those who are in the Conway area represent that university because it adds so much to our community and also so much to our state. UCA was founded in 1907. It's grown to over 11,000 students representing all 75 counties in the state of Arkansas, so there's a very good possibility that each one of us in here has at least one constituent of ours that attends the university. Forty-six different states and 60 different countries also are represented at UCA. They offer 136 degrees, ranging in undergraduate, master's, and doctoral programs, and awarded 2,158 degrees last year. The average ACT score was 23.2, and this is above the Arkansas average of 20.3. UCA also has the first honors college in the state and has five residential college programs that focus from STEM education to entrepreneurship to the performing arts. UCA has an economic impact valued at $426 million to just the central Arkansas region annually. UCA students see a 14.4% rate of return on their educational investment at UCA and the taxpayers of Arkansas see a 7.9% rate of return on their support for UCA. So as you can see, UCA provides a vital educational but also vital economic impact to both Conway and also to our state. Today we're here to recognize the football team on their outstanding season, but not only did the football team have a great season, but also too as well, We have some of the cheerleaders in the gallery. They are the defending national champion, I guess, in the small co-ed division. We're very proud of them, and we wish them best wishes to defend their title here in a month or two. The University of Central Arkansas plays in what they call the football championship series. And for those of you that want to know the difference between the division that Arkansas plays in UCA, is they actually get to, UCA actually gets to go to the playoffs if they have a really good season. And that division actually will crown a champion based on this playoff system. Okay. UCA, now, what they've done is they've had a very special season. We saw that from the very first game of the year when they played a tough Ole Miss team and actually was leading in the third quarter before finally falling. But that set the pace for the rest of the year. What they did was, for the first time, they won the Southland Conference Championship. They were ranked number 10 in the nation. Coach Clint Conk was also a number eight in the Eddie Robinson Award, which is given to the top coach for that division. But more importantly, UCA was champion, the football team was champions on the field, but they were also champions off the field as well, and I wanted to highlight that because academics is very important to Coach Conk and to UCA. They had the highest academic progress rate in the Southland Conference, so they won that. And they also had the highest in the state of Arkansas as well. So I'm very honored today to be able to recognize, again, their accomplishments, not only on the field but also being champions in the classroom as well. And with that said, Mr. Clerk, if you
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Representative Duncan Baird Chair Unverified 8:32
would, read the resolution. Mr. Clerk, read the resolution. whereas the university of central arkansas bears finished their 2012 season as co-champions of the southland conference and whereas the university of central arkansas bears reached the second round of the national collegiate athletic association division one football championship series in 2012 for the second consecutive year and whereas in 2012 the university of central arkansas bears finished 10th in the final football championship series national poll by the sports network the highest since moving to Division I in 2006. And whereas 46 players of the University of Central Arkansas Bears were named to the Southland Conference academic honor roll for the fall of 2012 and the Bears maintained the highest academic progress rate in the Southland Conference for the second consecutive year, the highest in the state of Arkansas. And whereas head coach Clint Conk was named the 2012 Southland Conference coach of the year and finished eighth in the voting for the 2012 Eddie Robinson Award given to the top coach at the NCAA Football Championship Series level, and whereas junior quarterback Winrich Smothers finished 11th in the voting for the 2012 Walter Payton Award for the Outstanding Player at the Football Championship Series level, was named the Southland Conference Offensive Player of the Year, and was the first team all-Southland Conference selection after leading the Bears to a 9-3 record in Southland Conference co-championship in 2012 season. And whereas Corey Howard was named the 2012 Southland Conference Offensive Lineman of the Year and Jonathan Woodward was named the 2012 Southland Conference Freshman of the Year. And whereas the University of Central Arkansas Bears football team is comprised of a group of talented, hard-working, high-achieving individuals who proudly represented the university on the field and in the classroom. Now, therefore, be it resolved by the House of Representatives of the 89th General Assembly of the State of Arkansas that the House of Representatives congratulates the University of Central Arkansas Bears for an excellent season and for their continued outstanding academic accomplishments. Be it further resolved that upon its adoption, a copy of this resolution be presented to the University of Central Arkansas Bears football team and the President and the Athletic Director of the University
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Representative Stephen Meeks Unverified 10:41
of Central Arkansas. Thank you. They are in the VIP room right behind us again. Great job, guys.
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Representative Davy Carter Chair Unverified 10:57
Thank you. Representative Meeks has explained the resolution. Does anyone wish to speak against the resolution, for the resolution?
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Representative Duncan Baird Chair Unverified 11:03
If not, the question before the House, passage of House Resolution 1015. All in favor say aye. Aye. Any opposed, nay. The ayes have it. Let the record reflect that the resolution passed with a unanimous vote. Members, I'd like to take this time to welcome some visitors in the gallery. In the North Gallery, we have a resolution. have the social policy class students from the University of Arkansas at Monticello guests of representative Sheila Lampkin in the West gallery we have the Nevada County leadership class guests of representative David building and Representative Brent Talley. In the East Gallery, we have the Greater Blyable Chamber of Commerce Leadership Institute, guests of Representative Monty Hodges and Wes Wagner. And finally, in the East Gallery, we have the Arkansas Career and Technical Education students and instructors that are here from all over the state.
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Speaker 23 12:19
The morning hour has ended. Read House Bill 1461. House Bill
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Representative Duncan Baird Chair Unverified 12:26
1461 by Representative Link to amend sales and use tax laws to conform to the streamlined sales and use tax agreement. Representative Link, you're recognized to explain
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Representative Kelley Linck Unverified 12:39
the bill. Members, this is a cleanup bill. The Streamlined Sales Tax Governing Board is a national organization that is preparing our government for the eventual day where we are enacting what's called Internet Sales Tax and other ways of implementing sales tax from the sales that are going in nontraditional ways. This bill does not have any fiscal impact. It doesn't do anything today. it keeps us in line with the Governing Board of the Streamlined Sales Tax in the event that we ever do implement a national policy, then we'll be ready and we won't have to scramble to get ready. So this is a housekeeping bill. It's not going to have any impact on you or us or your taxpayers today.
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Representative Davy Carter Chair Unverified 13:24
Representative Link has explained the bill. Does anyone wish to speak against the bill, for the bill? If not, the question before the House is the passage of House Bill 1461. Prepare the machine, Mr. Clerk. Has everyone
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Representative Duncan Baird Chair Unverified 13:43
voted? Has everyone voted? Cast at the balance with 83 yeas, 1 nay, 1 present. You have passed the bill. Read House Bill 1409. House Bill 1409, by Representative Neal, considering the evaluation protocol for assessing persons who potentially will be classified as a sexually dangerous person to make technical changes in the change in terminology throughout the code. Representative Neal, you're recognized to explain
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Representative Micah S. Neal Unverified 14:11
the bill. Thank you, Mr. Speaker. House Bill 1409 is a bill brought to us by the Department of Corrections. It is a cleanup bill that makes a change in terminology throughout the bill. The terms changed are sexually violent predators, sexually dangerous person, and sex offender screening and risk assessment to community notification assessment. I'd appreciate a good vote. Representative Neal has
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Representative Davy Carter Chair Unverified 14:35
explained the bill. Does anyone wish to speak against the bill, for the bill? If not, question before the House. It's the passage of House Bill 1409. Prepare the machine, Mr. Clerk. Has everyone voted? Has
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Representative Duncan Baird Chair Unverified 14:53
everyone voted? Cast the ballots with 89 yeas, 0 nays, and 0 present. You have passed the bill. Read House Bill 1415. House Bill 1415 by Representative Vines concerning scheduling a controlled substance as a Schedule VI controlled substance. Representative Vines, you're
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Representative John T. Vines Unverified 15:13
recognized to explain the bill. Thank you, Mr. Speaker. Friends, I bring you House Bill 1415. This is a bill that will amend a House bill we ran last session that became Act 571. It's codified in Arkansas Code Annotated 5-64-215. In this act two years ago, we banned certain synthetic substances that some of your constituents may have had access to at the time, and we added them to the controlled substance list. Amongst those were K2, spice, and certain bath salts. What we've done and what we've come to realize over the last year is, as with anything, when the synthetic products, the manufacturers, the cookers, so to speak, have come back with new recipes. So we've added in this bill more general groups and several other synthetic cannabinoids that have been found here in Arkansas and other states, and we're simply adding these to the controlled substance list. I'd be glad to discuss them with particularity as they're laid out in the bill, but my language skills will not allow me to replicate some of those words. With that said, all it does is simply add these compounds to the controlled substance list and would appreciate a good vote and would definitely
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Speaker 21 16:31
entertain any questions. Representative Lee, for what purpose? You're recognized. Thank you, Mr. Speaker.
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Speaker 45 16:37
Tell me again how this dovetails with the act we passed last session. All you're doing
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Representative John T. Vines Unverified 16:44
is expanding the list. We're adding, what's happened is, what's happening in these states is that once we added those certain recipes, if you will, or those certain products, they've gotten around it by altering the recipe. So now these are just new compounds that we've added, synthetic substance. Representative
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Speaker 21 17:03
Burris, for what purpose? Question. You recognize. Thank you. It seems like there
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Representative John Burris Unverified 17:07
was some talk from whoever the regulating department is, I think it may be health or DHS, about giving some flexibility so you don't have to do exactly what you're doing. Is that part of this bill or is it coming? It's not part
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Representative John T. Vines Unverified 17:19
of this bill, but we do need to explore that going forward. This is just some specific compounds and different lines or groups, if you will, that we found. And they're not even – I mean, we're finding these in convenience stores. I mean, after we passed that bill two years ago, that summer I was in, and I won't name the section of the state that I was in, But it was at a checkout of a convenience store, and we already had a new version of some of those products. So this is a consumer bill. It's part of the Attorney General's package. I'd be happy to appreciate a positive
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Representative Davy Carter Chair Unverified 17:51
vote. Representative Vines has explained the bill. Does anyone wish to speak against the bill for the bill? If not, the question before the House passes to House Bill 1415. Prepare the machine, Mr. Clerk. Has everyone voted? As everyone
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Representative Duncan Baird Chair Unverified 18:09
voted, cast the ballots for 92 yeas, 0 nays, and 0 present. You have passed the bill. Please read House Bill 1440. House Bill 1440 by Representative Shepard and all to make available to certain officials the registry at the Arkansas Crime Information Center that lists all persons who are adjudicated to have a mental disease or defect or who are involuntarily
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Representative Matthew J. Shepherd Chair Unverified 18:36
committed. Representative Shepard, you're recognized to explain the bill. Thank you, Mr. Speaker. Members, House Bill 1440, as the title says, would make available a registry that is currently maintained by ACIC on those individuals who have been adjudicated incompetent or have been involuntarily committed to a mental institution. Presently, under Arkansas law, there are three categories of individuals who cannot possess a firearm. Felons, those who have been adjudicated incompetent, and those who have been involuntarily committed to a mental institution. The information on convicted felons is available through ACIC. The other two categories is collected by ACIC. The clerks submit that information to ACIC, but under the law, ACIC cannot share that with law enforcement or court personnel. That information is basically forwarded to the federal government. This bill would make that information available to three groups of people, law enforcement, court personnel, and prosecuting attorneys. Those are the only individuals who would have access to this information. This idea actually was presented to me by my district judge back in El Dorado because at this point, court officials, prosecuting attorneys, and law enforcement don't have access to information to determine whether someone should even be in possession of a firearm in the first place. This bill, I circulated among various individuals and groups, Second Amendment groups and otherwise, and I don't believe there's really any opposition to it at this point. I'll be glad to answer any questions. Representative Wright, for what purpose? Question. You
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Representative Marshall Wright Unverified 20:19
recognize. Representative Shepard, isn't this going to allow law enforcement officials, maybe when stopping individuals or stopping people on the highway, it will allow those officers to know that they are approaching somebody that may have some mental difficulties?
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Speaker 54 20:32
Is that correct? That's correct. I
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Representative Matthew J. Shepherd Chair Unverified 20:36
mean, that's one of, I think, the positive aspects of this bill, is it allows law enforcement that information, which, again, these are a very limited class of individuals, I mean, either adjudicated incompetence or those involuntarily committed to a mental institution. And law enforcement needs that information because even beyond just the initial stop or contact, if those individuals might otherwise lawfully be in possession of firearms, by the fact of their adjudication or their involuntary commitment, by law they are prohibited. And so I think that it's a positive thing to let law enforcement know that as well as our court and prosecuting attorneys. Thank you. Representative Shepard has
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Speaker 18 21:20
explained the bill. Does anyone wish to speak against the bill, for
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Representative Davy Carter Chair Unverified 21:25
the bill? If not, the question before the House, passage of House Bill 1440. Prepare the machine, Mr. Clair.
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Representative Duncan Baird Chair Unverified 21:34
Has everyone voted? Has everyone voted? Cast with the balance to 93 yeas, 0 nays, and 0 present. You have passed the bill. Read House Bill 1449. House Bill 1449, Barrett's in a fight concerning the sentence enhancement for domestic battering in the first, second, or third degree. Barrett's in a fight to recognize to explain the bill. Thank you, Mr. Speaker.
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Representative Charlene Fite Unverified 22:05
Members, this bill was brought to me by the Arkansas Prosecuting Attorney Association. It rewrites the enhancements to do away with the sequential prosecution required in cases of domestic battery and brings the domestic battery statutes in line with those that we currently have for DWIs. Currently, what happens is, if a defendant commits domestic battery on July the 1st, then commits domestic battery again on August the 1st, but the August the 1st case goes to trial before the July 1st case, and the defendant is convicted or pleads guilty to this offense first, the prosecutors cannot use the August 1st conviction as a prior for the July 1st trial because the August 1st offense did not occur prior to the July offense. I know that sounds complicated, but if they are tried out of sequence, then it's somewhat of an absurdity that the other offense cannot be brought as a prior. So this would correct that.
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Representative Davy Carter Chair Unverified 23:18
And I would appreciate a good vote. Representative Fyde has explained the bill. Does anyone wish to speak against the bill, for the bill? If not, the question before the House is to pass it to House Bill 1449. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast the
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Representative Duncan Baird Chair Unverified 23:41
balance of 89 yeas, 0 nays, and 0 present. You have passed the bill. read House Bill 1397. House Bill 1397, Representative Letting to amend the Petroleum Storage Tank Trust Fund Act. Representative Letting, you're recognized to explain the
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Representative Greg Leding Unverified 23:56
bill. Thank you, Mr. Speaker. And Representative Burris, we are dealing with House Bill 1397 first. I see you're paying attention there. Yeah. I think that's what happened to committee the other day. With House Bill 1397, all we're doing is correcting a little conflict that we inadvertently created in 2011 with Act 809. That law allowed the Arkansas Pollution Control and Ecology Commission to develop rules to reimburse consultants for equipment purchases they needed to clean up chemical releases. Unfortunately, the reimbursements conflicted with another bit of code, so all we've done is correct that conflict. I'll try to do my best to answer any
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Representative Duncan Baird Chair Unverified 24:32
questions. Represent Payton, for what purpose? Jim, question.
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Speaker 63 24:35
Representative Lading, what type of equipment are we talking about? Whatever equipment they would need to clean up a chemical release. Like
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Representative Greg Leding Unverified 24:43
track-oes or back-oes or dump trucks? To my knowledge, nothing that big, but I honestly would not be able to answer that particular question. I would say the Arkansas Oil Marketers Association signed off on this, the Realtors signed off on this, and that's all I got.
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Representative Davy Carter Chair Unverified 25:02
I'd appreciate a good vote. Representative Letting has explained the bill. Does anyone wish to speak against the bill? Before the bill, if not, the question before the House is a passage of House Bill 1397. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast the ballots for 79 yays, 3 nays, and 1 present. You have passed the bill. Read House Bill 1396.
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Representative Duncan Baird Chair Unverified 25:32
House Bill 1396, for a percent of letting me to clarify the right of the Arkansas Department of Environmental Quality and an owner or operator to access property for purposes of investigation, site
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Representative Greg Leding Unverified 25:44
assessment, or corrective action. Krips and Ladding, you're recognized. Explain the bill. Thank you, Mr. Speaker. Colleagues, all we're doing with this bill is adding release site property owner to the definition of the code here. Again, the Arkansas Oil Marketers Association is on board. Realtors are on board. And even though this legislation does not cite it, 87813E does specifically exempt farm tanks, so farmers are unaffected. And your House Public Health Committee passed this bill without opposition on Tuesday, and you know what a good job we do being
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Speaker 63 26:11
a good gatekeeper of good legislation. So I'd appreciate another good vote. Representative Meeks, for what purpose? If you don't
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Speaker 65 26:19
mind a question. No, absolutely. You're recognized. I'm just wondering, is there some
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Speaker 66 26:22
event or something that's taking place that's kind of prompted this legislation? Not to my knowledge. I just felt it
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Representative Greg Leding Unverified 26:29
was necessary to clarify the code. All right. Thank you. Thank you, Mr. Speaker. Representative Meeks, for what purpose? Question.
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Representative Nate Bell Unverified 26:36
You recognize. Representative Leading, I have some pretty serious concerns about the bill. And they go to – do you have a copy of the bill with you? Not on me. My concerns are relative to the expansion of the right of folks to trespass on people's property. Currently, the language says shall not interfere, and this is granting a right of trespass. Additionally, there's also a significant change in burden of proof. Currently, there is no right of trespass, so this places the burden on the landowner to prove that they have been damaged. I think there's a fairly significant change in the rights of the property owner here. And I'm wondering, you didn't indicate that in your testimony about the bill, so I'm just curious if you could explain a little further. That's not the way that I
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Representative Greg Leding Unverified 27:25
interpret it, and it's not the way that I explained it, that it had explained to me by ADEQ and the Realtors and the Oil Marketers Association. So I just wouldn't agree with that interpretation.
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Speaker 70 27:38
Well, the plain language of the bill would indicate otherwise, but I appreciate your
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Representative Davy Carter Chair Unverified 27:45
explanation. All right. I'd appreciate a good vote. Representative Letting has explained the bill. Does anyone wish to speak against the bill? Representative Bell, you're recognized to speak against the bill. Thank
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Representative Nate Bell Unverified 28:02
you, Mr. Speaker. I appreciate the representative letting you take my question. As I looked at this in preparation for today, what concerns me greatly is in Section 2, if those of you are looking at the bill, the current language says that no adjacent property owner shall unduly impede or interfere with any efforts of the department or the owner-operator et cetera, to undertake investigation, site assessment, or corrective action. The new language says that the department or the owner or operator shall undertake investigation, site assessment, or corrective action as approved by the department after notice that minimizes, to the most reasonable extent, practical any interference with the release site property owner or adjacent property owner's use or enjoyment of property. That's a rather dramatic difference because current language says they shall not impede or interfere. There's no granted right of trespass there. The new language actually grants them the right to be on that property. Additional language down near the bottom of page two also places the burden back on the property owner to seek recovery of damages, as opposed to, under the current statute, the agency that goes on that property has to prove that they have the right to be there. So there is a rather substantial change in the right of the property owner. And at this point, I would encourage a
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Representative Davy Carter Chair Unverified 29:25
no vote on the bill. Representative Bell has spoken against the bill. Does anyone wish to speak for the bill, against the bill? Representative Letting, would you like to close your bill?
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Representative Greg Leding Unverified 29:38
You recognize to close your bill. Thank you, Mr. Speaker. I do appreciate Representative Bell's comments. In regard to allowing someone on the property, we are talking about situations where there might be a dangerous chemical that is released and people need to get onto the property quickly. Again, they are supposed to make every attempt to notify the property owners as quickly as possible. But in the event that there was a dangerous chemical and they need to get it to it quickly, I think that's just why
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Representative Davy Carter Chair Unverified 30:00
that's there. And I would appreciate a good vote. Thank you. The question before the House is the passage of House Bill 1396. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? cast the ballots for 45 yeas, 41 nays, and 2 present. Do you have failed to pass the bill? Let's go to the yellow budget calendar. Representative Baird, you recognize. Representative Baird,
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Representative Duncan Baird Chair Unverified 30:37
moves we place House Bill 1224 back on reading for the purpose of amendment. All in favor say aye. Aye. Any opposed? Motion carries. Read the Amendment No. 1, Mr.
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Speaker 18 30:46
Clerk. Amendment No. 1 to House Bill 1224. Mr. Baird, you recognize to explain the amendment.
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Representative Duncan Baird Chair Unverified 30:55
Thank you, Mr. Speaker. This is Amendment No. 1 to House Bill 1224. This is an amendment that was passed out of the Budget Committee yesterday. The amendment is by Senator Burnett. It adds a total of $400,141 to the Department of Community Correction Appropriation for next fiscal year. It adds two ADC-DCC advisors grade 115 for the creation of two new drug courts. I'd be happy to answer any questions.
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Speaker 9 31:26
Appreciate a good vote. Representative Baird has explained the amendment. Does anyone wish to
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Representative Davy Carter Chair Unverified 31:34
speak against the amendment for the amendment? All in favor, the
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Representative Duncan Baird Chair Unverified 31:41
question before the House is the passage of Amendment 1, House Bill 1224. All in favor,
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Representative Davy Carter Chair Unverified 31:47
say aye. Any opposed? Motion carries. Send the bill to engrossing, Mr. Clerk.
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Representative Duncan Baird Chair Unverified 31:54
Representative Baird moves we place House Bill 1317 back on second reading for the purpose of amendment. All in favor, say aye. Any opposed? Motion carries. Read the amendment, Mr. Clerk. Amendment number one to House Bill 1317. Representative Baird, you recognize. Thank you, Mr. Speaker. Members, these amendments are attached to your yellow calendar. This one is on the very back, and this was a piece of special language that was passed by the Special Language Committee. It was approved in budget yesterday, and what it does is the existing language says for any citizen or for citizens and employers located in southwest Arkansas. So it strikes the words located in southwest Arkansas. So it adds a bit of permission in the special language for Henderson State. I'd be happy to answer any questions. Appreciate a good vote. Representative Baird has explained the
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Speaker 9 32:50
amendment. Does anyone wish to speak against the
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Representative Davy Carter Chair Unverified 32:53
amendment, for the amendment? If not, the question before the House is passed to Amendment 1
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Representative Duncan Baird Chair Unverified 32:58
to House Bill 1317. All in favor say aye. Aye. Any opposed? Motion carries. Send the bill to Grossman, Mr. Clerk. Some bear to recognize. Thank you, Mr. Speaker. Members, the remaining bills on the calendar, we're going to vote on these in a batch, as we've done previously. These are all general improvement appropriations, just like we had yesterday. They're appropriation only. There's no funding. We're going to fund these at a later date. So we're going to, like I said, we're going to batch these together. If you want to have us pull one out, just stand up as I read the bill numbers. So, members, the issue is the passage of the appropriation bills and emergency clauses on the list before you. I'm going to read down the list of bills one by one by bill number. If there's one objection to the consideration of a bill, it will be removed from this list and placed on the regular joint budget calendar for later consideration. HB 1431. Representative Harris, you recognized what purpose?
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Representative Justin T. Harris Unverified 34:09
To pull down or to pull down for a separate vote on House Bill 1431, Senate Bill 415 and Senate Bill 416. Representative Beyer, do you
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Representative Duncan Baird Chair Unverified 34:37
have that down? Yes. House Bill 1431, Senate Bill 415, and Senate Bill 416.
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Speaker 83 34:43
Representative Beyer, for what purpose?
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Representative Duncan Baird Chair Unverified 34:56
Mr. Speaker, I'd like to request a separate vote on Senate Bill 413. All right. Continuing down the list, SB 392, SB 393, SB 394, SB 395, SB 396, SB 397, SB 398, SB399, SB400, SB401, SB402, SB404, SB405, SB406, SB407, SB408, SB412, and SB414. Representative Haas, for what purpose? I sit up on SB 405.
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Representative Debra M. Hobbs Unverified 35:45
I have a question about that one, please. Do you want it pulled
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Representative Duncan Baird Chair Unverified 35:57
from the batch? Then I would like to ask a question about it when it is. Okay, let's pull it from the batch. Thank you, Mr. Speaker. And that was SB 405. Okay. Members, your one vote will be recorded on each bill and each emergency clause after they have been read for the third time. So, Mr. Speaker, I invite you to direct the clerk to read the bills for the third time. The bills for the third time, Mr. Clerk. Senate Bill 392, Senate Bill 393, Senate Bill 394, Senate Bill 395, Senate Bill 396, Senate Bill 397, Senate Bill 398, Senate Bill 399, Senate Bill 400, Senate Bill 401, Senate Bill 402, Senate Bill 404 Senate Bill 406 Senate Bill 407 Senate Bill 408 Senate Bill 412 and Senate Bill 414
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Representative Davy Carter Chair Unverified 37:00
Prepare the machine, Mr. Clerk Has everyone voted? Has everyone voted? You're voting on the bill and the emergency clauses. Cast the balance with 86 shades, 0 nays, and 0 present. You pass the bills and the emergency clauses. Representative Beard, you recognize.
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Representative Duncan Baird Chair Unverified 37:28
Thank you, Mr. Speaker. Members, the first bill we're going to vote on is House Bill 1431, General Improvement Bill for the Department of Human Services. There's two line items in there. There's one line item for $140 million. There's a second line item for $160 million. The governor has proposed using $70 million of general improvement money for DHS in the first year. $70 million in the second year. That's a total of $140 million. This would enable that. This is appropriation only. We are going to have to come at a later date and fund any of these priorities. So it is simply appropriation only at this time.
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Representative Davy Carter Chair Unverified 38:05
And I'd appreciate a good vote. Representative Baird has explained the bill. Does anyone want to speak against the bill? For the bill. If not, the question before the House, the passage of House Bill 1431. Prepare to machine, Mr. Clerk. Voting on the bill and the emergency clause. Has everyone voted? Has everyone voted? Casted the ballots for 78 yeas, one day, and zero present. He passed the bill and the emergency clause.
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Representative Duncan Baird Chair Unverified 38:36
Representative Baird, you recognize. Thank you, Mr. Speaker. And the next bill is Senate Bill 405. Once again, this is a general improvement appropriation for the Arkansas Public Defender Commission. There's $2.5 million of appropriation only in the bill, and the language says that this is for expenses related to the resentencing of juveniles sentenced to mandatory life without parole by the Arkansas Public Defender Commission.
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Representative Debra M. Hobbs Unverified 39:07
Ripsome House, for what purpose? Question, please. You're recognized. Thank you, Mr. Speaker. Could you tell me more about that? For instance, how many juveniles have been sentenced to life, and
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Representative Duncan Baird Chair Unverified 39:20
what do you mean by resentencing? You know, I don't have that answer. We could pull it down or pass over it today, and I could get that information for you. But I do believe the testimony in budget was that there may have been a Supreme Court case that requires us to go back and reevaluate these cases, and I think that's what the money potentially would be used for.
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Representative Debra M. Hobbs Unverified 39:38
Okay, then I would like to request we do pass over it until we get that information.
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Representative Duncan Baird Chair Unverified 39:43
Thank you. So, Mr. Speaker, if that's okay with you, we'll pass
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Speaker 21 39:49
over Senate Bill 405. Without objection, pass over Senate Bill 405. So order.
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Representative Duncan Baird Chair Unverified 40:08
Members, the next bill is Senate Bill 413. which is, once again, a general improvement bill. This one is for the Department of Career Education, total appropriation of either several line items in here for several different things, major maintenance, various maintenance items, renovation, equipment, construction. It looks like probably around $5 million, so I appreciate a good vote on this.
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Representative Davy Carter Chair Unverified 40:42
Representative Baird has explained the bill. Does anyone wish to speak against the bill? Before the bill, not the question before the House. Pass it to Senate Bill 413. Prepare the machine, Mr. Clerk. Has everyone voted? Depending on the bill and the emergency clause. Has everyone voted? Cast the ballot 76 shades. One name for a president. Pass the bill and the emergency
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Representative Duncan Baird Chair Unverified 41:08
clause. Representative Baird, you recognize. Thank you, Mr. Speaker. The next bill is Senate Bill 415. This is a general improvement money, I'm sorry, general improvement appropriation for the Arkansas School for the Blind. The total appropriation is $2 million, and it's for maintenance, renovation, equipment, construction. And once again, it's appropriation only. We'd have to fund it at a later date. So I'd appreciate a good vote. Representative Barrett has explained the bill.
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Representative Davy Carter Chair Unverified 41:29
Does anyone wish to speak against the bill or the bill? If not, the question before the House is passed to Senate Bill 415. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause. Has everyone voted? Has everyone voted? Cast the ballots. 86 shades, 1 nay, 1 present. You pass the bill and the
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Representative Duncan Baird Chair Unverified 41:52
emergency clause. Representative Barrett, you recognize. Members, the final bill is Senate Bill 416. This is a general improvement appropriation for the Arkansas School for the Deaf. It's a total appropriation of $4.7 million for some of the same items, maintenance renovation equipment construction and once again it's appropriation only it would have to be funded at a later date appreciate a good vote representative baird has explained the
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Representative Davy Carter Chair Unverified 42:18
bill does anyone wish to speak against the bill for the bill not the question before the house passes the senate bill 416 prepare the machine mr clerk voting on the bill and the emergency clause has everyone
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Speaker 9 42:35
voted cast the balance 89 yeas one nay and when President, you pass the bill on the emergency clause. Representative Barrett,
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Representative Duncan Baird Chair Unverified 42:42
he recognized. After the announcement's reading of the bills, placing the calendars on the desks, amending members on bills with their own amendments, members withdrawing their own bills, finalizing resolutions, reading communications, and any remaining committee reports, I move we adjourn until 10 a.m.
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Representative Davy Carter Chair Unverified 42:57
tomorrow. Proper motion. All in favor say aye. Any opposed, motion carries. Representative Barrett, he recognized for announcement. Mr.
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Representative Jonathan Barnett Unverified 43:04
Speaker, Insurance and Commerce, we'll meet tomorrow at 9 o'clock in the
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Chair Unverified 43:09
morning. Representative Fielding, you're recognized. St. County and Local, we'll meet tomorrow at 9 a.m. in Big Mac
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Representative Warwick Sabin Chair Unverified 43:15
B. Representative Saban, you're recognized. Thank you, Mr. Speaker. Freshman Caucus dinner tonight, 6.30 p.m. at Doe's, and then we will be meeting as a freshman caucus Monday afternoon, 15 minutes after adjournment. Thank you. Any other announcements? Representative Meeks, you're recognized. Aging Youth,
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Representative Stephen Meeks Unverified 43:30
we'll meet room 1.30, 9 o'clock tomorrow morning. any other announcements the
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Representative Davy Carter Chair Unverified 43:33
desk will remain open for the reading of the bills until 4 p.m. today and upon completion of the items named in the adjourned resolution the House will be adjourned until 10 a.m. tomorrow
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Agenda

Prayer & Pledge

0:00

Call To Order

0:00

Committee Reports

2:03

HR1015

6:44

HB1461

12:25

HB1409

13:56

HB1415

14:58

HB1440

18:28

HB1449

21:45

HB1397

23:44

HB1396

25:31

Budget Batch 1

30:31

HB1224

31:02

HB1317

31:58

Budget Batch 2

33:18

HB1431

37:32

SB405

38:45

SB413

40:11

SB415

41:11

SB416

41:53

Announcements

43:06

Documents

No documents posted.

Speakers

Speaker 1
1 segment
Speaker 2
1 segment
Representative Davy Carter Chair Unverified
30 segments
Speaker 9
5 segments
Speaker 10
1 segment
Representative Duncan Baird Chair Unverified
69 segments
Speaker 18
3 segments
Speaker 23
2 segments
Representative Stephen Meeks Unverified
3 segments
Speaker 28
8 segments
Representative Kelley Linck Unverified
2 segments
Representative Micah S. Neal Unverified
2 segments
Representative John T. Vines Unverified
6 segments
Speaker 21
3 segments
Speaker 45
1 segment
Representative John Burris Unverified
2 segments
Representative Matthew J. Shepherd Chair Unverified
7 segments
Representative Marshall Wright Unverified
1 segment
Speaker 54
1 segment
Representative Charlene Fite Unverified
2 segments
Representative Greg Leding Unverified
9 segments
Speaker 63
2 segments
Speaker 65
1 segment
Speaker 66
1 segment
Representative Nate Bell Unverified
7 segments
Speaker 70
1 segment
Representative Justin T. Harris Unverified
1 segment
Speaker 83
1 segment
Representative Debra M. Hobbs Unverified
3 segments
Representative Jonathan Barnett Unverified
1 segment
Chair Unverified
1 segment
Representative Warwick Sabin Chair Unverified
2 segments