February 4, 2013
Video
Transcript
Bills discussed (17)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1034
· 5 mentions in chapter, transcript
Matched: “HB1034”
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Pre-2017 bill | ||
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HB1037
· 5 mentions in chapter, transcript
Matched: “HB1037”
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Pre-2017 bill | ||
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HB1015
· 3 mentions in chapter, transcript
Matched: “HB1015”
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Pre-2017 bill | ||
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HB1110
· 3 mentions in chapter, transcript
Matched: “HB1110”
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Pre-2017 bill | ||
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HB1134
· 3 mentions in chapter, transcript
Matched: “HB1134”
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Pre-2017 bill | ||
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HB1175
· 3 mentions in chapter, transcript
Matched: “HB1175”
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Pre-2017 bill | ||
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HR1002
· 3 mentions in transcript
Matched: “…utive communications? Representative Edwards moves we place House Resolution 1002 back on second reading for the purpose of amendment. Repres…”
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Pre-2017 bill | ||
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HB1002
· 1 mention in chapter
Matched: “HB1002”
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Pre-2017 bill | ||
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HB1044
· 1 mention in transcript
Matched: “hour has ended. Mr. Clerk, we will pass over House Bill 1044. Representative Mary Broadway moves we re-refer. House Bill”
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Pre-2017 bill | ||
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HB1100
· 1 mention in chapter
Matched: “HB1100”
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Pre-2017 bill | ||
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HB1201
· 1 mention in chapter
Matched: “HB1201”
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Pre-2017 bill | ||
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SB118
· 1 mention in chapter
Matched: “SB118”
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Pre-2017 bill | ||
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SB12
· 1 mention in chapter
Matched: “SB12”
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Pre-2017 bill | ||
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SB129
· 1 mention in chapter
Matched: “SB129”
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Pre-2017 bill | ||
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SB56
· 1 mention in chapter
Matched: “SB56”
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Pre-2017 bill | ||
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SB71
· 1 mention in chapter
Matched: “SB71”
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Pre-2017 bill | ||
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SB94
· 1 mention in chapter
Matched: “SB94”
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Pre-2017 bill |
Machine transcript
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Speaker 1
0:00
And to remain standing for the Pledge of Allegiance to be led by Representative Deborah Hobbs. Good afternoon. Please join me in prayer.
Speaker 2
0:08
Heavenly Father, we come today and we are mindful of the importance of what all the officers of the state do. Representatives, those who serve, those who serve us in law enforcement and fire. And Lord, we are reminded today of the family of William Michael McGarry, who was killed in the line of duty recently. Father, we lift up his family, we pray for them, and we pray for all those who serve us to keep us safe.
Lord, I thank you for the service of the members of the house today, and I pray that you will guide them. Lord, I pray that you will give them wisdom. Scripture tells us that when we lack wisdom, we can ask you, and you will give it liberally. And so, Lord, I just ask that you will cover them with your wisdom, guide them to the things that are best and the things that are good, and bless them as they serve today. Lord, we thank You for being a God who answers prayer. We thank You for being the author of life and the author of eternal life through Jesus, Your Son. In His name we pray. Amen.
Speaker 4
1:02
Amen. Let 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. Let the blessing of God. Members,
please indicate your presence by pushing your yellow present button. Prepare the machine, Mr. Clerk.
Cast the ballots, Mr. Clerk. There are 98 members present. The chair sees a quorum. The request for leave, Representative Nichols, you're recognized.
Representative Jim Nickels
Unverified
2:03
Thank you, Mr. Speaker. Request leave for Representative Walker. Leave granted
for Representative Walker. Leave's granted. Representative Love, you're recognized. Request leave for
Representative Fredrick J. Love
Unverified
2:13
Representative Williams. Is leave granted
for Representative Williams? Leave is granted. Are there any other requests for leave?
I guess there are none. Representative James L. Ward moves we dispense with the reading of the previous day's journal. No objections, so ordered. Are there reports from select committees? Are there reports from standing committees? Is there any unfinished business? Are there any executive communications? Representative Edwards moves we place House Resolution 1002 back on second reading for the purpose of amendment. Representative Edwards,
Chair
Unverified
2:50
you're recognized. This amendment adds co-sponsors. Thank you.
Without objection, read Amendment No. 1, Mr. Clerk. Amendment
Speaker 18
2:59
No. 1 to House Resolution 1002. Does anyone
wish to speak against the motion, for the motion? Now the question before the House is to place House Resolution 1002 back on second reading. For the purpose of amendment, all in favor say aye. Aye. Any opposed? Motion carries. We are now voting on the amendment. All in favor say aye.
Any opposed? Amendment carries. Send the bill to engrossing, Mr. Clerk. Morning
hour has ended. Mr. Clerk, we will pass over House Bill 1044. Representative Mary Broadway moves we re-refer. House Bill
1110, back to the Rules Committee. Representative Broadway, you're recognized to explain your motion.
Representative Mary Broadaway
Unverified
4:04
Thank you so much, Mr. Speaker. I am moving to request that this bill, House Bill 1110, be sent back to the Rules Committee for an amendment. When we passed the amendment, there was some language that was confusing and seemed to infer some additional duties upon the Deputy Director of Education. And because that was confusing, we have asked that it be sent back, the language cleaned up, to be a little less confusing. And I'm asking and would appreciate a good vote on this.
Thank you. Representative Broadway has spoken in favor of her motion. Does anyone wish to speak against the motion,
for the motion? If not, the question before the House is to re-refer House Bill 1110 back to the Rules Committee. All in favor say aye. Any opposed? Motion carries. Please send the bill back to the Rules Committee, Mr. Clerk. Mr. Clerk, please read House Bill 1034.
Speaker 25
5:02
House Bill 1034, Representative Whitaker and all, to amend the law concerning persons required to file a statement of financial interest.
Representative Whitaker, you're recognized to
Representative David Whitaker
Unverified
5:21
explain your bill. Thank you, Mr. Chair. House Bill 1034 is a bill to include members of advertising and promotion commissions as well as Tech Park Authority after last week's amendment to the requirement of filing annual statements of financial interest.
Just real quick, right after I filed it, I've got a phone call from my executive director of the Fayetteville Advertising and Promotion Commission who asked what has turned out to be the most popular question about the bill. Is there a greater agenda? And the answer is no. I'm just one of those folks who think that any time you deal with a lot of taxpayer money, there ought to be a lot of sunshine around. I'd ask for a good vote. Thank you.
Representative Whitaker has spoken or has explained this bill
Does anyone wish to speak against the bill For the bill Representative Whitaker, you close for
the bill The question before the House is the passage of House Bill 1034 Prepare the machine, Mr. Clerk Has everyone voted? Has everyone voted? Cast with the ballots, Mr. Clerk with 92 yeas, zero nays, and two present, and you have passed the bill. Members, I'd like to take this time to introduce our doctor of the day,
Dr. Tom Tweeten of Little Rock. Welcome, doctor. I'd also like to welcome our special guest, Representative Andy Mayberry, his daughter, Ellie, and nephew, Lucas, and Ms. Hannah Solano. that are all three with us today. So welcome, the three of
you. And finally, guest representative, David Meeks,
members of the Polaris Project, the human trafficking advocacy group that are visiting with us in the gallery. Welcome. Mr. Clerk, please read House Bill 1134. House
Speaker 25
7:35
Bill 1134 by Representative Eubanks and all to amend the law concerning the
Chair
Unverified
7:38
spring break holiday for public schools. Representative Eubanks, you're recognized to explain your bill.
Representative Jon S. Eubanks
Unverified
7:50
Thank you, Mr. Speaker. Colleagues, a few years ago, I think it was 2009, the legislature set a uniform time for spring break across the state for K-12 and higher ed. And it was just for a couple school years, and now they want to make it permanent. They had set up a committee to study it. And as far as I know, everybody is on board in making this a permanent spring break, the 38th week of school year. So I'd appreciate a good vote.
Representative Eubanks has explained this bill. Does anyone wish to speak against the bill, for the bill? Representative Eubanks, are you closed for your bill? Representative Eubanks is closed. The question before the House is the passage of House Bill 1134. Prepare
the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast off the ballots, Mr. Clerk.
When 94 yeas, 0 nays, and 3 present, you have passed the bill. Please read House Bill 1015. House Bill 1015
Speaker 25
9:04
by Representative Harris to allow public school districts to establish policies concerning student use of electronic communication devices at school. Representative Harris, you're
recognized to explain your bill. Thank you, Mr. Speaker.
Representative Justin T. Harris
Unverified
9:24
This bill was brought to me by the West Fork Public School Administration. their high school students got together and asked him to come present himself to their state representative about allowing such things as tablets, iPads, smartphones into school. And they realized in 1991 there was a law passed that kind of took pagers and different electronic devices out of school. But this bill establishes where each local school board can establish their own policies for having these type of electronics in their local schools.
And come to find out, this was a good cleanup bill for the Board of Education and the Arkansas Board of Administrators. I may have missed their title, but they're on board with this. So I'd be happy to take any
questions. Representative Harris has explained the bill. Does anyone wish to speak against the bill, for the bill? Representative Harris is closed for
his bill. The question before the House is passage of House Bill 1015.
Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast with the ballots, Mr. Clerk. With 96 yeas, 0 nays, and 0 present, you have passed the bill. Please read House Bill 1175. House Bill
Speaker 25
10:56
1175 by Representative Catlett, to promote interstate relations between law enforcement officers of different law enforcement agencies and to allow a law enforcement officer to travel out of state in his or her emergency vehicle.
Chair
Unverified
11:08
Representative Catlett, you're recognized to explain the bill.
Representative John Catlett
Unverified
11:15
Thank you, Mr. Speaker. Members, this is so short, I'm just going to read it to you. A law enforcement agency may allow a law enforcement officer employed by the law enforcement agencies to use an emergency vehicle owned by the law enforcement agencies to travel outside the state of Arkansas for the funeral of a law enforcement officer, victim of a crime, or witness of a crime.
Members, so many times we lose law enforcement officers in a line of duty. And, for example, we lost a law enforcement officer just this past week, Friday. Now, law enforcement officers have what we consider a very close camaraderie. We work together, especially in the cities that border our states, like, for example, Texarkana, Texas, and Texarkana, Arkansas. Police officers work together. And if one of those officers are killed in the line of duty, it's questionable whether or not our state will allow those officers to travel just a few miles and attend the service.
And some say that, well, you could take your own vehicle, you could travel by bus, you could travel by plane. In many cases, especially for the agency I retired from, a state police car is your uniform. I mean, you're in it eight, ten hours a day. It's part of your uniform. And it represents the state well. And so many times we reciprocate on incidents or disasters. Officers come up from Louisiana to help us when we have tornadoes or disasters,
and we go down there and help them. So it is a betterment for the state for our law enforcement officers to be able to travel out of the state and attend these funerals. I appreciate a
good vote. Thank you. Representative Catlin has explained the bill. Does anyone wish to speak against the bill, for the bill? Representative
Catlin, are you closed for the bill? The question before the House is the passage of House Bill 1175. Prepare the machine, Mr. Clerk.
Has everyone voted? As everyone voted, cast out the ballots, Mr. Clerk. With 90 yeas, 0 nays, and 0 present, you
have passed the bill. Mr. Clerk, read House Bill
Speaker 25
13:52
1037. House Bill 1037 by Representative Mayberry and all, an act to create the Pain-Capable Unborn Child Protection Act and to declare an emergency.
Representative Deborah Ferguson
Unverified
14:02
Representative Ferguson, for what purpose? I move we place House Bill 1037 on second
reading for the purpose of amendment. That is a proper motion. It is debatable. Are you
Representative Deborah Ferguson
Unverified
14:33
recognized? Come to the well and explain your motion. I respectfully ask that the members of this legislature give me an opportunity to present the details of the amendment.
This is such an important bill that I want all of the members of the House to, not just the 20-member Public Health Committee, to hear the concerns. I appreciate your consideration of hearing the details of the amendment. Representative
Ferguson has explained the motion. Does anyone wish to speak against the motion? Representative
Chair
Unverified
15:05
Burris, you're recognized to speak against the motion.
Representative John Burris
Unverified
15:16
Thank you, Mr. Speaker. I was really worried I wasn't going to get to speak against anything this session, and I'm glad the opportunity came so early. I did have a chance to visit with Representative Ferguson right before. I appreciate the concept of what she's trying to do with this motion. My issue is simply that there was no effort to amend this bill in committee. So I'd ask you to imagine if you were a sponsor for a bill, there was no effort to amend. I think the way this process generally makes it easier on the members is if we start in the committee, honor that committee system, even if something fails, an attempt on the floor.
But I just think waiting until we do it on the floor at this moment sets a bad precedent that really just throws the system into chaos and doesn't recognize the committee process in the way that it should. So I would ask you to vote against this motion to put back on second reading. I don't even know what the content of the amendment is. That's not the point. The point is it was an attempt at an end committee. If there are procedural problems with the bill, it can be amended in the Senate. So I would ask you to vote against this motion. Thank you.
Representative Barris has spoken against the motion. Does anyone wish to speak for the motion? Against the motion. Representative Ferguson, would you like to close for the motion? You
Representative Deborah Ferguson
Unverified
16:46
recognize to close for your motion. I did show the amendments to Representative Mayberry last week, so he's aware of the amendments.
And because I'm new and I was depending on someone else to present the amendments at committee, that didn't happen. And so it's, you know, I'm
Chair
Unverified
17:08
just new and green. The question before the House is the motion to re-refer. No, no,
it's to place House Bill 1037 back on second reading for the purpose of amendment. Prepare the machine, Mr. Clerk. has everyone voted
has everyone voted cast with the ballots Mr. Clerk with 31 yeas 62 nays and 0 present the motion fails Representative Mayberry you're recognized to explain House Bill 1037 thank you mr speaker thank you
Representative Andy Mayberry
Unverified
17:57
members of the house in the grand scheme there are no issues
any larger than that of protecting
life and that's what we're here today to do and that's to protect
lives. This bill, the Pain Capable Unborn Child Protection Act, House Bill 1037, does exactly that. It would prevent most abortions past 20 weeks post-fertilization. That's a point where we've shown in scientific research that a child is capable of feeling pain, pain to the same degree, if not more so, than you or I feel. And the methods of abortion at
this particular stage of development, they're barbaric. I'm not going to go into gruesome details, but they're quite torturous. It's eternally important how society treats its most innocent, weak, and vulnerable. The Bible is very clear that life is a precious gift from God and that we are to value it. Jeremiah says, before I formed you in the womb, I knew you. Our founding fathers knew how important life is when they referenced it in the Declaration
of Independence as an unalienable right endowed to us by our Creator. I believe it's our duty to protect it. If our
constituents cannot trust us, their elected representatives, to defend the most basic and essential of human rights, that of life, how can they possibly trust us to have the wisdom and discernment needed to make appropriate decisions regarding all the other daily issues that face us. Issues like the economy and jobs and health care,
safety and security and education. First and foremost, we have to work to change the hearts and minds of those who justify the killing of an innocent child. And regardless of the law, unfortunately, there will always be those who break the law. And that said, I feel like we are compelled to pass this. I mentioned our founding fathers and the Declaration of Independence. They said that we hold these truths to be self-evident, that all men are created equal. Not born equal, not made to be equal at some later point in time, but
they're created equal, endowed by their Creator with certain unalienable rights, and that among these, and the very first one it mentions is the right to life, followed by liberty and the pursuit of happiness. And it goes on, because there are some among us who would say, yes, philosophically and theologically, I agree that abortion is wrong, but it's not my role to intercede in what
someone else does. That same line from the Declaration of Independence goes on to say that to secure these rights,
governments are instituted among men, deriving their just
powers from the consent of the governed. Those are the people who elected us, the
Speaker 59
21:00
consent of the governed, those governments, to secure
Representative Andy Mayberry
Unverified
21:06
that right to life. It is our role. Amendment Section 68 to the Arkansas Constitution
Speaker 59
21:14
says that it's the policy of the state of Arkansas to
Representative Andy Mayberry
Unverified
21:22
protect the lives of every, every unborn child, regardless of their mental capacities, their physical capacities, every unborn child from conception to birth to the extent allowed by the federal Constitution.
Amendment 68 is valid Arkansas law, voted on by the governed. We took an oath of office here about three weeks ago, each of us standing next to the seats where we were seated, where we said that we would uphold the United States Constitution and the Arkansas Constitution. The Arkansas Constitution clearly says we are to protect those children's lives. This is
a good bill. It's going to save some lives
Dozens of lives each year I wish you'd saved a whole lot more than that But it's dozens of lives
Speaker 53
22:18
And your vote is very important I'd appreciate
a good vote Representative Mayberry has explained the bill Does anyone wish to speak against the bill? Representative Letting You're recognized to speak against the
bill Thank you Mr. Member Mr. Speaker, members, it is not easy to stand here at this moment, but we do not come here to do easy things.
I'll be voting no today, and this is why. This bill includes no exception for rape or incest. And the case made for that exclusion is that a woman should have been able to make that decision early in her pregnancy. But what if that woman is a 12-year-old girl, and she is raped by a family member or a friend, and she's either too afraid to speak or at that young age simply is unaware that she's pregnant. This bill includes no exception for fetal conditions that are incompatible with life,
meaning that a mother who is told that her child has a condition which will prevent it from living, but for perhaps minutes once born, would be forced to carry on with that information. Now let me be clear, any woman that chooses to move forward that God be with her and her husband and her family, and may you and I each be willing to provide her the support and comfort she needs. But if that woman, heartbroken, would choose to move forward, God be with her and her husband
and her family, and may you and I each be willing to provide her the support and comfort that she needs. And this does happen. There was a woman in Nebraska a few years ago whose water broke at about 22 weeks. And she was told by the doctors that because of that, her child would not continue to develop. It would not survive birth. But they had passed this law there, and so they were unable to do anything. And so she and her husband, facing the unthinkable, went home, and 10 days later, she went into labor
and went back to the hospital, and they were able to act. And she watched her young son struggle for 15 minutes. I think a woman who should choose to spare her unborn child and herself and her husband and her family that suffering should be able to do that. I think that should be between her and her God and her family. This bill includes an exception for the health of the mother that is so narrowly written that it could put a woman's life at risk.
When we first discussed this bill and committee two years ago, there was a woman who wrote every member on the committee to share that late in her second pregnancy, she received a stage 3 cancer diagnosis. She and her husband faced the unthinkable. If she were going to survive, she would have to begin aggressive treatments that would end her pregnancy. I can't imagine being in that position. But the law allowed them to make that decision. It did not get in the way of the doctor or of those parents.
Emily and I are not yet parents. We do hope to be one day. And so while I don't know the joy of being told that I'm going to be a father, neither can I imagine the dread of sitting in a doctor's office and being told that not only is her life at risk, but to save her life, we're going to have to wait to welcome a child. If faced with such heartache, I hope you all would know that we would appreciate support and comfort from each of you,
but I also hope you would understand and respect that if faced with such agonizing decision, the last thing we would do is ask for a show of hands as to what we should do. It is easy to sit in this room and push a button, far removed from the harsh light of a hospital hallway, but life is not easy. It can be complicated. We do need to do everything we can to save lives, but we cannot, acting on what we think are our best intentions, inadvertently put lives at risk.
This is not about elective procedures. So I will vote no today, and others will vote no today, and some may choose not to vote at all. And those of us that do, don't do so out of political ideology. We don't do so out of lack of compassion, or faith, or regard or respect for life. We are compassionate, we are proud of our faith, and we regard all life as precious. But we understand that life is not easy. Life is complicated.
We understand that a life carrying a life creates special circumstances. And I, for one, believe, as I would want the ability to do
so, that such an agonizing decision should be left to a mother and the father, their doctor, and their God. Thank you. Representative
Letting has spoken against the bill. Does anyone wish to speak for the bill, against the bill? Representative Mayberry, would
you like to close for your bill? Do you recognize?
Representative Andy Mayberry
Unverified
27:35
Representative Letting said that we don't want to inadvertently put lives at risk. And I agree. But what we're doing each and every day is not inadvertently putting lives
at risk. We are actively allowing children's lives to be terminated. It's not a rare situation where these children are concerned.
And in that rare situation, absolutely, Representative
Letting, you're correct. You're correct. That's a horrible, tragic situation. But here's the thing.
That child still had nothing to do with that act. That child shouldn't be asked to pay the ultimate price with their own life. You say this is not about political ideology, and I agree.
This should not be a political issue. We have
a number of Republicans who support this bill. We have a number of Democrats who support this bill. This is not about a political party. It's about saving children's lives. You say life is not easy, life is complicated. I agree. the reason this bill is so important to me representative letting and and and i know you
know this and and several other members do as well but it hits pretty personal
with me because so many of these children who are aborted at this 20 week plus stage the reason they are
is because there has been a prenatal diagnosis of a birth defect down syndrome spina bifida
and encephaly. My second daughter, Katie, was prenatally diagnosed to have spina bifida. Some studies show that as many as 67% of children with spina bifida are aborted.
Same studies show that possibly as many as 92% of children with Down syndrome are aborted. a down syndrome child often those diagnoses are incorrect and a perfectly healthy child is born but even if
that child is not perfectly healthy if they're not the same as you and i are we're saying that their their life is not of the same value as ours
simply because they're going to be born differently today's medical technologies are advancing at tremendous rates and who knows
what we can prenatally diagnose next. Perhaps it's autism. Perhaps it's sickle cell. When that takes place, are we going to add those children to the roles as well? Of those who we feel are incompatible with the rest of us?
And we sell them short in their lives? I certainly would hope not.
this is between their doctor and their God and those folks, Representative Lettings says. And for those of you who consider yourselves Christian,
and I think that's probably the majority of the folks in the room, I would just refer you to Deuteronomy 30, 19, where the Bible tells us what God believes in terms of life. I call heaven
and earth to record this day against you that I set before you. life and death
blessing and cursing and then he tells us what to do he says therefore choose life that both thou and thy seed
Speaker 53
31:38
may live I'd appreciate a good vote Representative Mayberry has
closed for his bill the question before the house is a passage of House Bill 1037 prepare the machine Mr. Clerk
Speaker 28
31:54
has everyone voted voting on the bill and the emergency clause
has everyone voted cast the ballots Mr. Clerk 75 yeas 20 nays and 0 present you have passed the bill Mr. Clerk read House Bill 1100 House Bill 1100 Representative
Speaker 25
32:14
Wilkins and all, an act to prohibit health insurance exchange policies from offering coverage for abortions except through a separate rider. Representative Butch Wilkins,
you're recognized to explain your bill. Thank you, Mr. Speaker.
Representative Butch Wilkins
Unverified
32:30
I have been asked not to come down here and make this a McElroy moment, so I will keep my remarks brief. But House Bill 1100, I believe, goes along with Amendment 38 that was passed some years back. It just prevents state and federal money from being used under the Affordable Health Care Act to fund abortion. I appreciate a good vote. Representative Wilkins has explained the
bill. Does anyone wish to speak against the bill, for the bill?
Representative Wilkins, are you closed for your bill? Representative Wilkins has closed for his bill. The question before the House is the passage of House Bill 1100. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast the ballots, Mr. Clerk. With 77 yeas, 15 nays, and one present, you have passed the bill. Mr. Clerk, read House Bill
Speaker 25
33:35
1201. House Bill 1201 by Representative Bain and all to amend certain legislative powers of a county quorum court.
Representative Bain, you're recognized to explain your bill.
Representative John Baine
Unverified
33:48
Thank you, Mr. Speaker. Bringing today a bill regarding to, it's got two parts. The first part is a technical cleanup. We have some language that was not adjusted in the 2009 General Assembly. It shows that the fines will be increased in this section, but overall there's actually no increase in fines. These fines were already increased in the 2009 session. This is purely technical cleanup.
The second part is to adjust the organizational meetings of quorum courts. This language was in before county governments were reformed and reorganized, and this would actually give them more freedom, more clarity to make their own decisions on how they organize. This bill has the full support of the Arkansas Association of Counties and is part of their package. Representative Bain has explained
the bill. Does anyone wish to speak against the bill? Bill, Representative
Bain is closed for his bill. The question before the House is the passage of House Bill 1201. Prepare the machine, Mr. Clerk.
Has everyone voted? Has everyone voted? Good. Cast the ballots, Mr. Clerk, on 93 yeas, 0 nays, and 0 present, you have passed the bill. Pass over House Bill
1002. Mr. Clerk, read Senate Bill 12. Senate Bill
Chair
Unverified
35:14
12, by Senator Irving, to prohibit Level 3 or Level 4 sex offenders
Speaker 25
35:18
from being at a swimming area or children's playground contained within an Arkansas State Park and to declare an emergency.
Representative Brant is going to be recognized to explain
Speaker 76
35:28
the bill. Thank you, Mr. Speaker. I bring to you today this bill that was introduced by Senator Irwin, and she was asked to carry the bill by the State Director of Parks and Tourism. It's a little loophole that I thought we probably had them all taken care of in the 88th session, but the Director found a loophole here, and it's been highly vetted by the judiciary and my personal legal team of Vines, Rashtil, and Shepard, and they all are in concurrence with it, so I appreciate a good vote.
Representative Branscombe has explained the bill. Does anyone wish to speak against the
bill? For the bill, Representative Branscombe is closed for the bill. The question before the House is the passage of Senate Bill
12. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause. Has everyone voted? Has
everyone voted? I cast the ballots, Mr. Clerk. With 90 yeas, 0 nays, and 1 present, you have passed the bill.
Mr. Clerk, read Senate Bill 56. Senate
Speaker 25
36:32
Bill 56 by Senator Woods to require a fee for a new resident required to register as a sex
Speaker 18
36:39
offender. Representative Neal, you are recognized to explain the
Representative Micah S. Neal
Unverified
36:47
bill. Thank you, Mr. Speaker. Senate Bill 56 is an ACIC bill that will impose a $250 fee on convicted sex offenders that move to Arkansas from out of state. This fee is already imposed on people that are convicted sex offenders in Arkansas.
It will offset the cost of reassessment that they receive when they move to Arkansas and help with the administrative cost of tracking them in the future. This bill is being run in surrounding states now. I'd
appreciate a good vote. Representative Neal has explained the bill. Does anyone wish to speak against the bill, for the
bill? Representative Neal is closed for the bill. The question before the House is a passage of Senate Bill 56. Prepare the machine, Mr. Clerk.
Has everyone voted? Has everyone voted? Cast the ballots, Mr. Clerk. With 92 yeas, 0 nays, and 0 present, you have passed the bill. Mr. Clerk, read Senate Bill 71.
Speaker 25
37:49
Senate Bill 71 by Senator King and all to be known as the Church Protection Act of 2013 and declare emergency.
Representative Bell, you're recognized to explain the bill.
Representative Nate Bell
Unverified
38:03
Good afternoon, colleagues. Senate Bill 71 is the Church Protection Act of 2013. I'm proud to stand here today to present this bill to you. I'm proud as an Arkansan because today we're on the cusp of removing a state-mandated restriction on religious freedom for our churches. It's time we do so. Most of us in this room are strong supporters of the right to bear arms, as outlined in the Second Amendment and in Article 2, Section 5 of the Arkansas Constitution. I passionately support the right to bear arms, but Senate Bill 71 is primarily about protecting another God-given and constitutionally guaranteed right
that is also enumerated in both the Bill of Rights and the Arkansas Constitution. You see, the First Amendment begins with these words, Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. article 2 section 24 of the arkansas constitution also reads all men have a natural and indefeasible right to worship almighty god according to the dictates of their own consciences it further states no human authority can in any case or manner whatsoever control or interfere with the
right of conscience and no preference shall ever be given by law to any religious establishment denomination or mode of worship above any other that language is immediately followed by section 25, which reads, religion, morality, and knowledge being essential to good government, the General Assembly shall enact suitable laws to protect every religious denomination in the peaceful enjoyment of its own mode of public worship. So what does Senate Bill 71 do?
It adds these words to the Arkansas Code. However, this subchapter
does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. Section 573-306 is a section of Arkansas Code that lists the locations where licensed concealed carry is prohibited. Every Arkansas concealed carry instructor is required to provide and read this list to their students as part of the pre-licensed training.
There's a common misconception about this bill that I'd like to address today. This bill does not remove churches from the list of prohibited places. If your church doesn't want licensed parishioners to be able to legally possess a concealed weapon, then no action is required by this bill. Literally nothing changes for those churches. This bill merely provides an exemption for those churches who need security but can't afford paid staff. It also allows a governing body to make its own theological determination about congressional security
and self-defense policies. This bill also doesn't change anything for those churches which are comfortable with current
policies with regard to signage or notification requirements. Those who wish to continue as they currently are do nothing. Churches remain prohibited places except for those specifically choosing a different policy. You see, the burden of determining whether a place is a prohibited place remains with the concealed carry licensee just as it does today and always has. The signage argument is
based on a misapplication of subchapter 19, which applies to places which are not listed in the list of prohibited places whose private owners choose to bar concealed carry. Since churches will remain on the list of prohibited places, nothing changes for those places of worship wishing to bar a license carry. There's been some debate about the possible effects of this bill on church liability insurance policies and those rates, the possibility that insurance companies might choose to mandate signs or other onerous requirements as part of their policy requirements
has been presented as an objection to this bill. Indeed, private contractual relationships such as those between the insurer and insured can be altered at any time by mutual agreement. I'll simply submit this. There are 40 states that currently permit license carry in places of worship. None of these potential disruptions of coverage and cost issues have been observed in those states. In fact, just this morning, an industry expert indicated to me that there is no
actuarial basis whatsoever for increasing rates to churches allowing concealed carry, and that it
would be nearly impossible to raise rates solely on that basis. In that conversation,
they did ask that any of you who are really interested in a reduction of risk to churches, consider doing way with fish fryers, turkey fryers, grills, and other outdoor cooking apparatus because that's where most of their claims come from. There's simply no logical reason to believe that insurance companies would single out Arkansas churches for such draconian policy changes
when they have not done so in other states. Opponents of this bill have also argued that Senate Bill 71 would lead to visible handguns in places of worship and that this would be disruptive to worship. Our concealed carry law requires that the licensee keep his or her handgun entirely concealed and provides for revocation of their license if a firearm is carried visibly. In summation, it's time for our state to make our concealed carry law consistent with our state constitution and with the Bill of Rights. It's time for us as politicians to get
our collective noses out of the religious affairs of churches and to allow the churches themselves to make their own theological decisions. Thank you.
Representative Bell has spoken or has explained the bill. Does anyone wish to speak against the bill? For the bill? Representative Bell, are you closed for your bill? The
question before the House is a passage
of Senate Bill 71. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause. As everyone voted, cast with the ballots, Mr. Clerk, with 85 yeas, 8 nays, and 0 present, you have passed the bill. Representative Kerr, moves we temporarily postpone, Senate Bill 129, without objection, so ordered.
Mr. Clerk, please read Senate Bill 118. Senate Bill
Speaker 25
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118 by Senator Thompson to allow a state-supported retirement system to require an order to substantially comply with the uniform legal form of a qualified domestic relations order to pay benefits and to make technical corrections.
Representative Curry, you're recognized to explain the
Representative Allen Kerr
Unverified
44:50
bill. Thank you, Mr. Speaker. Members, this is a bill that's part of the teacher of retirement's legislative package this session.
Just to give you a brief overview, the public retirement system in Arkansas have model orders called Qualified Domestic Relation Orders, or QUADROS for short, that provide the court the ability to divide an interest in a retirement benefit in case of a divorce. The IRS has many requirements and restrictions for an order to be qualified or considered qualified.
The system has developed model quadros that comply with IRS requirements and have also been approved by the Legislative Council. Some parties take issue with the model and present a court with a division order that varies from that model quadro and is often also in violation of the IRS requirements that the model is designed to prevent. If a division order is not accepted by a retirement system, then it's not qualified until a system accepts it.
This law will allow judges to prevent parties from attempting to vary from the model and eliminate confusion and prevent delays in the parties receiving money since a retirement system will not pay benefits from a division order that is not accepted by the system as qualified. The retirement systems always work closely with the attorneys that contact the systems to assist in having approved quadros. This bill is added protection to ensure that all members of retirement systems are treated equally in the quadro process and disputes are eliminated.
Again, this bill is no financial impact and passed the Senate 35-0. I appreciate a good vote. Representative Kerr has explained the bill Does anyone wish to speak against
the bill For the bill Representative Kerr has closed for the bill
The question before the House Is the passage of Senate Bill 118 Prepare the machine Mr. Clerk Has everyone voted Has everyone voted
Cast the ballots Mr. Clerk With 90 yeas, 3 nays and 0 present You have passed the bill. Representative Kerr, moves we take from the table Senate Bill 129. Without objection, so ordered, Mr. Clerk, please read Senate Bill 129. Senate Bill 129 by
Speaker 25
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Senator Hutchinson to specify that an appeal of a decision of the Board of Trustees of the Arkansas Teacher Retirement System shall be filed on the Pulaski County Circuit Court. Representative
Kerr, you're recognized to explain the bill.
Representative Allen Kerr
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47:49
here we go. This is Bill No. 2 of the Teacher Retirement Package. The Teacher Retirement System currently has an appeals process. Now, this appeals process for their members is voluntary. There is nothing in code or nothing that makes them set up an appeal process, and they are the
only system currently that has an appeals process for their retirees and their members.
they spend a significant amount of money and time on these appeals and they have reached the point that they're either going to have to hire several more lawyers to take care of these appeals or they're going to have to stop the appeals process altogether But what this bill does, this basically says that they're going to continue the appeals process, but the appeal has to be filed in the county of Pulaski so that they can handle all their business here.
And I'll take questions. Representative Lee, for what purpose? Question. You recognize? You recognize? While
Speaker 94
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I respect that the teacher retirement system is being gracious in allowing appeals as other retirement systems are not, it's a concern to me that they all have to be done in Little Rock. However, I'd be curious to know the statistics of the last couple of years that they've been taking appeals as to how many of them have been justified and how many have not. Do you by any chance have that statistic?
Representative Allen Kerr
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49:36
I don't have a specific number. They have sent me an
e-mail and told me that the great many or majority of them, upwards of 90 percent or more, keep in mind these appeals go before the board, not before the system. And the great many of them, the greatest number of them,
are upheld. In other words, there's no change in the retirement situation. Representative Nichols,
Representative Jim Nickels
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50:05
for what purpose? Question. You recognize? Representative Kerr, if this does not pass, will the teacher retirement system have to hire another lawyer or hearing officer?
Is that what was discussed with this
Representative Allen Kerr
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50:16
piece of legislation? Yes, sir, they will, and that would be
more money out of the taxpayer's pocket to
Representative Dan M. Douglas
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50:27
do so. Thank you. Representative Douglas, for a purpose. Question. You recognize? Representative Kerr, if this passed and the teachers had to come to Pulaski County to file their appeal and they brought their lawyers with them or their attorneys, wouldn't it make it unduly expensive on the teacher filing the appeal to pay travel time?
Say, for example, I'm from Benton County. That's a three-and-a-half-hour drive. You know, what do attorneys make? Too much money an hour. Coming down here, it gets
Speaker 102
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very expensive. Well, it all depends on how
Representative Allen Kerr
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51:04
high-paid lawyer you are. But, yeah.
To answer your question, yes, it would if it reached that process. Okay? Keep in mind that that is a last phase of this process. The teacher retirement system bends over backwards and does everything they can to help that retiree.
They're working for the retiree to solve the dispute, hence the low number of people who actually have to
get to that point. um many many many of the of the problems are solved long before they have to get an attorney and go before the board representative viviana for what purpose
Speaker 67
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question you're recognized uh represent curve on a given
Representative Allen Kerr
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51:58
year how many of these appeals do we have how many appeals i don't have that number for you sir i would be happy to get it
Representative Jim Nickels
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52:10
for you representative nichols for what purpose uh question you're recognized. Representative Kerr, from the testimony in the committee, I think it was pointed out that these hearings in the court are hearings on the record. There are no witnesses. They just look at the record. So was that one of their rationales for possibly having it in Little Rock since all
Representative Allen Kerr
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52:31
the records are here and everything? Yes, sir, it was. And all the board members are here as well. Well, the board is here, and they'd have to come to
Representative Kim Hammer
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52:42
Little Rock eventually anyway. Representative Hammer, for what purpose? Question, please. You recognize. If an attorney has to accompany a teacher to Little Rock and they win their hearing, are they reimbursed their expenses as
Representative Allen Kerr
Unverified
52:53
part of the award? That would have to depend on the judge and the order at the time. But a judge could award the winning
Representative Kim Hammer
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53:00
so that if an attorney came from some part of the state
and had to travel to Little Rock, he could very well or she, the judge, could award that compensation
Representative Allen Kerr
Unverified
53:11
for time and travel in that. He most certainly could. And, again, one of those reasons why the teacher retirement system, George's staff and all the people that work for him, bend over backwards and do everything
they can to resolve the problem before it ever reaches that point. Okay. Thank you. Thank you,
Mr. Speaker. Representative Kerr has explained the bill.
Does anyone wish to speak against the bill? Representative Linderman, you're recognized. Anybody wish to speak for the bill? You're recognized to speak for the bill. Thank
Representative Homer Lenderman
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53:57
you, Mr. Chairman. I also serve on the committee with Representative Kerr, And one thing that I wanted to add
to this, I'm a member of the teacher retirement system, and they do bend over backwards to help and to work through any problems.
I believe in testimony, George Hopkins said that there had been five appeals since he had taken over. I believe that's correct. But the normal case, there is absolutely no problem. When there is an appeal, it almost always deals with someone using some reciprocal retirement benefit. either from another state or they are trying to buy back some service from another retirement system. As far as a straight teacher retirement, there is absolutely no problem.
This is a good bill. I do support this, and if memory serves me, it came out of the committee with a unanimous vote, and I would appreciate a good vote on
that also. Representative Lenderman has spoken for the bill. Does anyone wish to speak against the
bill? For the bill. Representative Kerr, he's closed for the bill. The question before the House is the passage of Senate Bill 129. Prepare the machine, Mr. Clerk.
Speaker 28
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Has everyone voted? Has everyone voted? Cast the ballots, Mr. Clerk. With
54 yeas, 32 nays, and zero present, you have passed the bill. Mr. Clerk, read Senate Bill 94.
Chair
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55:33
Senate Bill 94 by Center Files in Holland to give County Law Library Board's discretion in the disposal of certain
personal property. Representative Altus, you're recognized to explain the
Representative Denny Altes
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55:43
bill. Thank you, Mr. Speaker. The Sebastian County Law Library is moving to a new location, has thousands of volumes of outdated law books that have no value.
They cannot move them to the new location because the building cannot bear the weight. They're outdated, not usable, especially because everything you need anymore is right here. So because the books are county property, they cannot be sold except through a public bidding process. They're not able at this time to be legally destroyed if they're not sold, hence the reason for this bill. Appreciate a good vote. Representative Altus
has explained the bill. Does anyone wish to speak against the bill, for the bill?
Representative Valtas has closed for his bill. The question before the House is the passage of Senate
Bill 94. Prepare the machine, Mr. Clerk. Has
everyone voted? Has everyone voted? Cast the ballots, Mr. Clerk. We're 92 yeas, 0 nays, and 0 present. You have passed the bill.
Representative Duncan Baird
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56:53
Representative Baird, you're recognized. After the announcements, 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 1.30 tomorrow.
Proper motion, not available. All in favor say
aye. Motion carries. Representative Saban, you're recognized for an announcement. All
members of the freshman caucus, we're going to be going outside those doors right there to take our photograph, and then we're going down to room 171 for our caucus meeting. Thank you, Mr. Speaker. Representative Barnett, you're recognized
Speaker 119
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for an announcement. Transportation tomorrow morning, 10 o'clock. Pictures will be made, so please be there. Thank you. Representative Ballinger, you're recognized. I just want to let
Representative Bob Ballinger
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57:38
everybody know that the Eureka Springs Chamber of Commerce will be putting on lunch tomorrow over at Capitol Hill,
and everybody's invited. I'd love to have you. And then anybody who's interested in a great passion play, there'll be a breakfast tomorrow and
Chair
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57:53
both those announcements should be on your desk.
Representative Ann V. Clemmer
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57:56
Representative Clemmer, you're recognized for an announcement. Education Committee will
be meeting tomorrow at 10 a.m. Representative Collins, you're recognized. Revenue and tax will not be reading tomorrow morning. Next meeting for revenue and tax Thursday morning.
Representative John Burris
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58:09
Representative Barris, you're recognized. Public health at 10 a.m. tomorrow, pretty heavy agenda. Representative Barris, you're recognized.
Representative Duncan Baird
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58:14
Joint budget personnel at 7.30 in the morning, room B, Big Mac, and the full joint budget committee, 9 o'clock, room
Chair
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58:24
A of Big Mac. Are there any other announcements?
Speaker 115
58:35
Any announcements? Read the bills, Mr. Clerk. House Bill 1245. Without objection,
Speaker 1
58:39
read the bill again. House Bill 1245. County and local. House Bill 1246. Without objection, read the bill again.
House Bill 1246. Transportation. House Bill 1247. Without objection, read the bill again. House Bill 1247. State agencies. The desk will remain open
for reading of the bills until 4 p.m. and upon completion of the items named in the adjournment resolution, The House will be adjourned until 1.30 p.m. tomorrow.
Agenda
Call To Order
Prayer & Pledge
HB1110
HB1034
HB1134
HB1015
HB1175
HB1037
HB1100
HB1201
HB1002
SB12
SB56
SB71
SB118
SB129
SB94
Announcements
Reading of the Bills
Documents
No documents posted.
Speakers
Speaker 1
Speaker 2
Speaker 4
Representative Warwick Sabin Chair
Unverified
Representative Jim Nickels
Unverified
Representative Fredrick J. Love
Unverified
Chair
Unverified
Speaker 18
Representative Mary Broadaway
Unverified
Representative Davy Carter Chair
Unverified
Speaker 25
Representative David Whitaker
Unverified
Representative Jon S. Eubanks
Unverified
Representative Justin T. Harris
Unverified
Representative John Catlett
Unverified
Representative Deborah Ferguson
Unverified
Representative John Burris
Unverified
Representative Andy Mayberry
Unverified
Speaker 59
Speaker 53
Representative Greg Leding Chair
Unverified
Speaker 28
Representative Butch Wilkins
Unverified
Representative John Baine
Unverified
Speaker 76
Representative Micah S. Neal
Unverified
Representative Nate Bell
Unverified
Representative Allen Kerr
Unverified
Speaker 91
Speaker 94
Representative Dan M. Douglas
Unverified
Speaker 102
Speaker 67
Representative Kim Hammer
Unverified
Representative Homer Lenderman
Unverified
Representative Denny Altes
Unverified
Representative Duncan Baird
Unverified
Speaker 119
Representative Bob Ballinger
Unverified
Representative Ann V. Clemmer
Unverified
Representative Charlie Collins Chair
Unverified
Speaker 115