Said in CommitteeBeta

Exactly as spoken.

House Aging, Children and Youth, Legislative & Military Affairs Committee

March 23, 2011
Video Transcript

Bills discussed (9)

Bill Title Sponsor Status
SB326 · 4 mentions in transcript, chapter
Matched: “…ommittee thank you much we'll go ahead and have you present Senate bill 326 20 year 26 okay”
Pre-2017 bill
HB1975 · 3 mentions in transcript, chapter
Matched: “…'ll go ahead and recognize Representative Harris to present House Bill 1975 Representative Harris you're recognized”
Pre-2017 bill
SB319 · 3 mentions in transcript, chapter
Matched: “Vice Chair Powers will be presenting Senate Bill 319 for Senator Malone. Mr. Vice Chair, you are recognized to p…”
Pre-2017 bill
SB626 · 3 mentions in transcript, chapter
Matched: “…senator Madison you're recognized to present that thank you Senate bill 626 amends the juvenile code”
Pre-2017 bill
HB1544 · 2 mentions in chapter, transcript
Matched: “HB1544”
Pre-2017 bill
HR1037 · 2 mentions in chapter, transcript
Matched: “HR1037”
Pre-2017 bill
HR1006 · 1 mention in chapter
Matched: “HR1006”
Pre-2017 bill
SB751 · 1 mention in chapter
Matched: “SB751”
Pre-2017 bill
SB858 · 1 mention in chapter
Matched: “SB858”
Pre-2017 bill

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Representative Stephanie Malone Chair Unverified 0:00
that y'all can do to make me look better, I would appreciate it. Thank you. First up on our agenda will be representative... I set you beside me. Yeah. First up on the agenda is Representative Stewart to present House Bill 1544. Representative
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Chair Unverified 0:22
Stewart, you're recognized. Thank you, Madam Chair, and
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Representative Randy Stewart Unverified 0:29
being true to my word, I brought the military back with me to run this bill. This
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Representative Tim Summers Unverified 0:34
is a pretty simple bill, is to make the military code of Arkansas consistent with federal law concerning dependency and neglect actions. We're basically bringing a person who is on Title 32 or drill status, I mean, Title 32 orders or state active duty orders in line with federal law in stays of proceedings. And if we have any questions, I have an attorney from the National Guard here to answer questions.
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Representative Stephanie Malone Chair Unverified 1:03
Members, you've heard an explanation of the bill. Doc Gaskell, you're recognized for a question.
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Representative Billy W. Gaskill Unverified 1:11
Thank you, Madam Chair. What is it now? What's the difference
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Lieutenant Natalie Unverified 1:17
in it now? Go ahead. You have to identify
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Speaker 13 1:20
yourself and go ahead. My name is Lieutenant Natalie Garland. I'm a state attorney advisor for the state military department. Honey, you're
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Representative Billy W. Gaskill Unverified 1:27
going to speak in a little more. I'm old and
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Speaker 13 1:30
can't hear very well. Sorry about that. It's Lieutenant Natalie Garland. I'm a state attorney advisor for the state military department and the JAG office. The law as it is right now, what is it they're changing it from? We're just
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Speaker 17 1:47
adding. Adding to it. Right. Okay. Can you explain that? Okay.
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Representative Tim Summers Unverified 1:52
What we're doing right now, the law only covers active duty when you're doing a stay of proceedings. If a person is activated on state active duty orders or Title 32, he is not afforded the same protection under the federal laws as an active duty person is. So a person who is involved in a court proceedings would get a stay while he is activated on state active duty or on Title 32 orders, just like an active duty person, no more, no less. And that's all we're doing. Okay. That answers my question. Thank
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Representative Billy W. Gaskill Unverified 2:25
you. Thank you, Madam Chair. Are there any other
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Representative Tim Summers Unverified 2:36
questions from the committee? Representative Summers, you're recognized. Motion at the proper time, Madam
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Representative Stephanie Malone Chair Unverified 2:41
Chair. Seeing no further questions, I'll recognize that motion. Is there anyone in the audience who would like to speak for the bill, against the bill? If not, Representative Summers, you're recognized. Move, do pass. We have a motion. Do pass. All in favor, say aye. Aye. Any opposed, no. Motion carries. Your bill passes. I'm going to
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Representative Tim Summers Unverified 2:59
say you're very professional this morning. Oh, well, thank you. Hear that, Mom?
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Representative Stephanie Malone Chair Unverified 3:17
Mother, would you please stand? There's a request to see which one you are. That's my mother, Debbie Malone. Thank you. next up on our agenda is representative lee to present house bill or house resolution 1037 representative lee you're recognized to explain your resolution thank you madam chair and happy birthday no i'm not
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Chair Unverified 3:38
singing happy birthday was that the request
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Speaker 38 3:46
i expect you to get up on the table here No, no, no, no, no, no, no, no, no, no. Excuse me? Thank you. This is the bill I attempted to bring to you last week, and the amendment had not reached you yet. Now you have the amendment in front of you. If any of you are coming through Pope County, I highly recommend you stop at Potts Inn. It's a really neat historical place in our county. And that's what this resolution is about. It's to honor the historical society and the significance of Potts Inn in my county. And I'd appreciate if you guys would pass this today, because it's Stephanie's birthday, and it's a good day to do something good.
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Representative Stephanie Malone Chair Unverified 4:39
Ms. Merge, you've heard an explanation of the resolution. Are there any questions? Seeing no questions, what's the will of the committee? Representative Benedict, you're recognized. Thank you madam chair, and
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Representative Lori Benedict Unverified 4:48
I love to stop at these old stagecoach places one of my favorite and I'd like to make a motion to do pass
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Representative Stephanie Malone Chair Unverified 4:55
We have a motion do you pass is there anyone in the audience who would like to speak for the resolution Against the resolution if not we have a all in favor say I Any opposed no motion carries congratulations your resolution passes. Thank you madam chair and committee. Thank you
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Speaker 46 5:18
All right, committee at this time,
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Representative Stephanie Malone Chair Unverified 5:35
Vice Chair Powers will be presenting Senate Bill 319 for Senator Malone. Mr. Vice Chair, you are recognized to present the bill.
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Representative David "Bubba" Powers Chair Unverified 5:54
Thank you, Madam Chair. And I should say for the audience that talking about making the Chairman look good, I'm not really the Vice
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Senator Sue Madison Unverified 6:01
Chair. They just picked out the ugliest person to sit beside you, and that was me, so all right. We're going to start with Senate Bill 319, and
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Representative David "Bubba" Powers Chair Unverified 6:13
this is Senator Malone's bill. It comes to us, obviously, from the Senate end, and it amends the Arkansas Child Safety Center Act. Just briefly, Child Safety Centers provide a child-friendly, neutral environment where children can be interviewed when they're suspected to be victims of child maltreatment. This bill amends the section concerning the Memorandum of Understanding between the Child Safety Center and community stakeholders by requiring that when the center is available and when it is appropriate, investigators with DHS and the Arkansas State Police Crimes Against Children Division will interview children at the Child Safety Centers when the allegation is sexual abuse or severe physical abuse. This bill also requires that the Memorandum of Understanding require that all persons conducting forensic interviews must be adequately trained and be prepared to testify in a hearing if needed.
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Senator Sue Madison Unverified 7:04
And that's basically the gist of the bill, Madam Chair, and I'd like to have Ms. McGee introduced and also Ms. Beverly Eagle. MS. You're recognized to introduce yourself. MS. Thank you.
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Speaker 58 7:16
Lisa McGee, I'm assisting the Child Advocacy Centers and Central Malone on their legislation today. MS. And I'm the founder and executive director
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Speaker 60 7:24
of the Children's Advocacy Center in Benton County. I've been there for 11 years. Madam Chair, we'll be happy to answer any questions.
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Speaker 61 7:31
Committee, you've heard an explanation of the bill.
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Representative Stephanie Malone Chair Unverified 7:36
Do we have any questions? Representative Gaskell, you're recognized for a
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Representative Billy W. Gaskill Unverified 7:41
question. I'm not going to be quiet today. What are you proposing here that isn't already
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Speaker 60 7:51
being done? One of the things that happens still sometimes is a child even being interviewed in a law enforcement car or at the home where the abuse happened. And what we're trying to encourage is that when there is a children's advocacy center in the area and it is convenient that that child be taken to that, you know, sometimes it's just difficult to change, you know, the way we've done things in the past. But what we've seen, like I said, we've been open for 11 years, and we've seen over 3,000 children, and it's amazing. You know, to me, sometimes a trauma can be even where the child is being interviewed. Maybe they will disclose in that arena, but yet just to have a more friendly environment, to have people that are specifically trained to respond to it, I think that if any of you would think where you would want your child or grandchild to be interviewed at a child Advocacy Center versus the place where it happened. Even schools, I think taking a child into a principal's office and interviewing him there is not an appropriate place when we have something. There's a lot of really nice police departments in our area, but a police department compared to a children's Advocacy Center is just that's . Okay. All right. Satisfied
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Representative Billy W. Gaskill Unverified 9:04
me. Thank you, Madam Chair. Question.
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Representative Stephanie Malone Chair Unverified 9:09
Representative Summers, you're recognized. Thank you,
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Representative Tim Summers Unverified 9:12
Madam Chair. Representative, by having Director Ingle at the table, that brings you even more credibility. That's good. Her organization does a great job in northwest Arkansas. My question, are there child safety centers? Are there numerous ones around the state? What's the definition of that? I like the bill. I'm just curious about that part. Sure.
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Speaker 60 9:32
We are developing more, but I believe there are 11 across the state now. Our goal would be to have one where a child only has to travel an hour. There are some areas that do not have that yet, but in the more populated areas, there are. And they are called Child Safety Center or Children's Advocacy Centers, but they are
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Representative Tim Summers Unverified 9:56
the same thing. And that language under D1, when available and appropriate, means that if it wasn't available, there would be another resource perhaps. Yes, sir.
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Representative David "Bubba" Powers Chair Unverified 10:06
And let me just expand on that a little bit, Representative Summers. Of course, I live in
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Senator Sue Madison Unverified 10:12
Hope, and we have one in Texarkana, and kind of dovetailing what Dr. Gaskell asked, we have very good police officers, but over the years they've come to understand that getting an appointment in Texarkana and letting the experts of the experts in this field deal with those interviews is certainly a benefit not only to the child but in how they proceed in their court cases. So I can't say enough about what these
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Chair Unverified 10:50
centers do. Representative Harris, you're recognized.
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Representative Stephanie Malone Chair Unverified 10:55
I'd like to make a motion at the proper time. Seeing no further questions, Representative Harris, you're recognized to make your motion. make a motion that it do pass we have a motion do pass all in favor say aye aye any opposed no motion carries bill passes thank you committee thank you committee thank you much we'll go ahead and have you present Senate bill 326 20 year 26 okay
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Speaker 80 11:36
Committee, Senate Bill 326 is, again, a bill by
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Representative David "Bubba" Powers Chair Unverified 11:40
Senator Malone that expands the persons who can report mental injury to a child abuse hotline. Currently, the only people who are mandated to report mental injury are a medical or mental health professional, a teacher, or a daycare center employee. This bill will now allow a school counselor to make a report of mental injury if the child didn't disclose it to a teacher. If a child did disclose to a teacher, that teacher is mandated to report, and that report will be accepted. And if a child did not disclose to a teacher, but the school counselor has cause to suspect a child is suffering from a mental injury, the school counselor can now make that report to the child abuse hotline. And that is
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Representative Stephanie Malone Chair Unverified 12:29
Senate Bill 326. Committee, you heard an explanation of the bill. Are there any
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Representative Justin T. Harris Chair Unverified 12:37
questions? Representative Harris, you're recognized. Just a question. It's one thing to know and then to suspect. What are the lines that are going
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Representative David "Bubba" Powers Chair Unverified 12:47
to be drawn? Well, I think there's a reasonable cause to suspect, and frankly, you know, making
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Representative Mary P. "Prissy" Hickerson Unverified 12:53
a report to the hotline is just simply giving the hotline an opportunity to decide what they want to do at that point, possibly weed it out or to go forward. So I'm sure,
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Senator Sue Madison Unverified 13:06
and the hotline gets plenty of calls in regards to this particular issue and many others, those are professionals that are trained to pick up on certain instances and do a good job. So we probably have some that maybe suspect and don't have the reasonable cause, but it But still, in my opinion, better be safe and sorry on this deal. Seeing no other questions from the committee, what's the will of
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Representative Stephanie Malone Chair Unverified 13:35
the committee? Representative Summers, you're recognized. Motion do pass. We have a motion do pass. Is there anyone in the audience who would like to speak for the bill, against the bill? Seeing none, all in favor say aye. Any opposed, no. carries and your bill
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Representative David "Bubba" Powers Chair Unverified 14:00
passes thank you committee thank you chair and I have one more madam chair I think that's Senate bill
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Senator Sue Madison Unverified 14:08
626 by senator Madison you're recognized to present that thank you Senate bill 626 amends the juvenile code
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Representative David "Bubba" Powers Chair Unverified 14:16
and the bill clarifies when a person is allowed to use a restraint such that it doesn't constitute child abuse in compliance with new federal law, adds that reasonable efforts are not required to reunite a child with a parent if the parent is required to register with the sex offender registry. It amends the definition of sexual abuse to mirror the changes in the Child Maltreatment Act. It matches the criminal code and raises the age for a juvenile offender from 10 to 13. It defines temporary and permanent custody. It clarifies that juvenile court has jurisdiction to hear cases when the permanent order of custody disrupts. It clarifies when juvenile court has jurisdiction when child maltreatment is involved and a person files a pleading in another court. It expands the authority of the juvenile judge to enter emergency orders to protect the health or physical well-being of a juvenile from immediate danger. It allows the adjudication hearing to be continued for an additional 30 days if necessary, and relevant evidence cannot be obtained in a timely manner. And it clarifies service of process on parents on the petition to terminate parental rights, And those are the highlights of Senate Bill 626, Madam Chair, and we'll be happy to answer questions.
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Representative Stephanie Malone Chair Unverified 15:34
Members, we've heard an explanation of the bill. Are there any questions? Seeing no questions, what's the will of Representative Gaskell? We have no questions, so I'll go ahead and recognize you for your motion. Do pass. We have a motion due pass. Is there anyone in the audience who would like to speak for the bill, against the bill? Seeing none. All in favor say aye. Aye. Any opposed no? Motion carries, and your bill passes. Thank you, members. We appreciate your support. Representative Williams has stepped out of the room to call Senator Madison to see if she wants him to run her other bill, but while he's doing that, we'll go ahead and recognize Representative Harris to present House Bill 1975 Representative Harris you're recognized
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Representative Justin T. Harris Chair Unverified 16:39
Thank You madam chair I Wanted to hurry and run this bill just before representative Walker gets here, so that was my whole Purpose they're not because I wanted to go out of turn But this House Bill 1975 was brought to my attention by some constituents. It's an act to require a criminal background check by a private business that provides short-term childcare. And the whole point of this bill is they're in athletic gyms like World's Gym, Pulse Fitness are different. They have childcare facilities in their business, but they don't have to be licensed. There's no oversight of who they hire to take care of these children, and so this would just require a background check and a central registry check to make sure that the people who are working in these short-term facilities are not sex offenders or child abusers
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Representative Stephanie Malone Chair Unverified 17:39
in any way. Representative Hickerson,
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Representative Mary P. "Prissy" Hickerson Unverified 17:43
you're recognized. Thank you, Madam Chairman. Representative, is this – how easy is it to do a background check? I mean, can a private business just very easily get online or call the state police, or what's the
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Representative Justin T. Harris Chair Unverified 17:58
process? There's forms provided by the Department of Human Services, and they just fill out the form. Either the employee or the employer pays the $10 to get the background check. They send it off, and then it comes back. It's real easy.
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Representative Mary P. "Prissy" Hickerson Unverified 18:15
It's an easy process. Okay, but you can't do it quickly, like online or whatever. They would have to wait until
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Speaker 108 18:24
that's processed and back to them. Currently, I don't believe
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Representative Stephanie Malone Chair Unverified 18:30
you can do it online. Okay, thank you.
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Representative Billy W. Gaskill Unverified 18:33
Representative Gaskell, you're recognized for a question. Is this going to essentially cover all these kids now? Because we've got long-term criminal background checks, So by the short term, we're going to give checks on all of them, right?
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Speaker 110 18:47
That is correct. People working with children. Thank you. Thank you
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Representative Lori Benedict Unverified 18:55
very much. Thank you, Madam Chair. Representative Benedict, you're recognized. Thank you, Madam Chair. Representative Harris, just give me an example of a situation of who provides the short-term child care. What kind of employers provide
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Representative Justin T. Harris Chair Unverified 19:06
that? Well, some that we have, of course, in my rural district, we don't have it, but we're eight miles south of Fayetteville, we can go to Pulse Fitness. They have a child care facility, or I think it's Fayetteville Athletic Club. They have a child care facility in there. The children are there an hour to two hours or less, and they go in there. They're monitored. They're taken care of by a particular employee. And so during that time would give them opportunity. if they're with a sex offender or someone that hurts children, that would be an ample opportunity for that to
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Representative Lori Benedict Unverified 19:42
happen. So these people are already hired working in that position, and it's not like, let's say, in a small business and somebody had brought a child or two to work with them for an unexpected reason. You know, they didn't have somebody take care of them or that, and they had them on the job with them. And then let's say they just had to leave that facility for 20 or 30 minutes and wanted to leave the children there. I mean, I have a business on an airport that even customers come in and for maybe a short time they want to walk out on the runway where we don't allow children and leave their children inside my business. Does that mean that I would have to, I couldn't, they couldn't leave them there without everybody
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Representative Justin T. Harris Chair Unverified 20:22
inside there having a background check? No, because you don't have a representative Benedict childcare facility for short term. Here is an example. These places of, at these gyms, they actually have a facility set up. This is just for private businesses that actually provide the services
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Speaker 113 20:37
of childcare. Okay. That's exactly what I wanted to get clear. Yes. Thank you. Vice Chair
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Representative David "Bubba" Powers Chair Unverified 20:45
Powers, you're recognized. Thank you, Madam Chair, and I'm just trying – does this
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Representative Justin T. Harris Chair Unverified 20:53
apply to churches? Churches, from my understanding, that is a good question.
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Representative David "Bubba" Powers Chair Unverified 20:57
I don't know, and it just crossed my mind. I
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Senator Sue Madison Unverified 21:01
mean, I've never – my other question is, I know there's a case, and I think it's in northwest Arkansas, where, and I could be mistaken, there was someone painting or doing construction work at an elementary school or preschool or whatever, and he was fired, and he challenged, and it's all wrapped up in the courts. And I don't think this necessarily compares to that, but while I was thinking about the different businesses, because, you know, I used to own a health club years ago. It doesn't look like it, but I did. And, you know, the people that did my babysitting, I mean, there was
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Representative David "Bubba" Powers Chair Unverified 21:37
never a problem, obviously. But the genesis of this, was there a problem, a specific problem that you know about? And then I would ask a question about the churches. I mean, I don't want
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Senator Sue Madison Unverified 21:47
to cast aspersions, but, you know, I know I was in church. We had our little niece in church a couple of weeks ago, and I always want her with me. But my wife said, you know, she has to go back to child care.
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Representative David "Bubba" Powers Chair Unverified 22:02
So it's just a question that kind of crossed my mind. I'd like to know the answer
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Representative Justin T. Harris Chair Unverified 22:07
to that. Well, I know specifically in this bill it says a private business, and I wouldn't consider a church a private business. I would think it's good routine for them to do background checks, but that's not the intent of this bill. I know the churches we go to do background checks on their people who work with children.
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Representative David "Bubba" Powers Chair Unverified 22:31
Well, and I agree, I don't consider them a business either, and maybe it is voluntary and should be done.
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Senator Sue Madison Unverified 22:39
But the other part of my question, is there a specific incident that brought this about, or does it pertain to health clubs, or is that just kind of the example? That was just an example. As
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Representative Justin T. Harris Chair Unverified 22:50
far as a specific incident, there isn't one that I have. The constituent didn't have her. I asked her if her child was, you know, abused in any way, and she said no. But I talked with the just, and I won't give you a name because I don't know, but I talked with the state police, and they said it happens more oftentimes than not. They're big cases, and I think it was DHS also that I talked to, that when it does happen, it's huge. but it doesn't happen very often in places like Fayetteville Athletic Club. But it's just these things are overlooked, and we don't know who we're hiring and who we're putting with our kids. And my other question, I
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Representative Mary P. "Prissy" Hickerson Unverified 23:31
think you kind of answered it earlier. What is the cost of getting this done to the small business?
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Representative Justin T. Harris Chair Unverified 23:38
I've got the state police here, but I think for the central registry it's $10, And for the state police, I think it's $25 or $26.
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Senator Sue Madison Unverified 23:52
Have you had any input or backlash, I guess I should say, from the small business community? Or any input at all from those folks? No, I've not had
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Representative Justin T. Harris Chair Unverified 24:02
any input. No backlash, no... Excuse me. So it'd be safe
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Representative David "Bubba" Powers Chair Unverified 24:07
to say we don't know whether they have a position or not? That's correct.
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Representative Stephanie Malone Chair Unverified 24:13
All right. Thank you. I have a quick question. In the bill, what's the definition of short-term care, 30 minutes, an hour,
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Representative Justin T. Harris Chair Unverified 24:24
two hours? Your mom's a professional witness, so she may be able to answer this. But I think to be licensed, it's five children or less. You don't have to be licensed. And then I think two hours is the maximum considered short-term. that's I've always done long term so I don't know the short term do you want
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Speaker 113 24:53
your professional witness to come up I would love to have her come up
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Representative Justin T. Harris Chair Unverified 24:57
she didn't know she was a witness but if she would I'd love for
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Representative Stephanie Malone Chair Unverified 25:03
it to come in miss Malone When you're being
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Speaker 131 25:10
called to the table. Would you please state
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Representative Stephanie Malone Chair Unverified 25:17
your name for the record and who you're
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Speaker 134 25:21
with? My name's Debbie Malone, and I'm a director of Central Presbyterian Child Development Center in Fort Smith. And let me just say, I think any time you work with children that you need to have a a background check, you would be amazed at the people that try to work with children. And it is a very simple process. The state police is $19.50. The criminal back is free. The criminal background check is free. And when you're looking at someone being in these clubs or, as you stated, if they have a childcare center set up, then it only takes five, ten minutes for something to occur. And these individuals that have this particular background, they look to be with children. So I think really it's a very inexpensive and a very small way of protecting our little ones. And in these clubs, you know, because I have a grandchild that goes to one, and she started when she was six weeks old going. She had very young children in there. And then also the answer to the church, I work at a church, and the particular church that I work at, if they are an employee on staff, they are required to have background checks. Your Sunday school teachers, you know, who come in just for maybe the Sunday morning, I'm not aware that they have to have them, but if they are on staff, a lot of the churches now are requiring the background checks. Now, that is a church policy, not a state
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Senator Sue Madison Unverified 26:55
mandate. Yes, sir. That is the church policy, is my understanding.
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Representative Stephanie Malone Chair Unverified 27:02
Okay. What's the definition of short-term care? Do you know or you – That I do not know for sure what that – if
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Speaker 134 27:11
there is a particular definition. But I would say if you're in care, like I said, you know, 10, 15 minutes short-term care. I don't know that there's a real definition on, yeah. Do
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Representative Stephanie Malone Chair Unverified 27:28
you also like to think that you're on the Early Childhood Development Commission?
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Speaker 134 27:33
Yes, I am a commissioner on the Early Childhood Commission. Okay. Yes. Representative Benedict,
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Representative Lori Benedict Unverified 27:41
you're recognized. Thank you, Madam Chair. Representative Harris, isn't it possible for somebody that has a very small business but wants to provide this service just as a nice service to his customers, that maybe they don't have somebody hired in a permanent position to do that, and whoever is available might be a sister, might be an employee that maybe does other work, you know, most of the week, that they don't actually have a person hired for this position, and they get somebody who happens to be available that evening to watch five or six children, of somebody that may be there and they may not be there. I mean, I just can see that if you don't even know that you're going to have children to watch that particular evening, you wouldn't have somebody hired to
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Representative Justin T. Harris Chair Unverified 28:30
do that job. Well, I think in your question, hypothetical, is they're not providing child care if that's not the service they give. I mean, I'm not talking about a babysitter as far as, oh, well, I'm going to have children and we're having
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Representative Lori Benedict Unverified 28:43
a baby. But if you run. Well, even in a small club, I could see in a health club that, especially in our county, that it might be an evening you don't even know you're going to have anybody in your health club, but to have a person hired to do a job to watch them children there, they wouldn't have them. I guess our counties are just much smaller than yours, but they would get a lady from a church who was available that evening or something like that, but not have a permanent employee to do that.
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Representative Justin T. Harris Chair Unverified 29:09
Well, what this bill is saying, that if you provide short-term child care at any small club and you work with children, you must have a background check. I understand. Because that is where, you know, I don't believe it's going to – I think you're going to have more of a hardship if something happens to that child than, you know, to have your bases covered as a business. This is really protecting the business also from lawsuits and not doing the right thing. MS. I understand.
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Representative Lori Benedict Unverified 29:39
I just can see a potential problem with on some evenings having to turn the children away and say, I'm sorry, I don't have somebody here today that had a background check that could do that. That's the problem I see with it. Thank you. I can
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Representative Stephanie Malone Chair Unverified 29:59
appreciate the intent of it, though, absolutely.
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Representative Mary P. "Prissy" Hickerson Unverified 30:01
MS. Thank you. MS. Representative Hickerson, you're recognized. MS. Thank you, Madam Chairman. Representative Harris, do you believe that any business that provides child care for any length of time should have a background check done on its employees to provide that child care? Yes, I do. Thank you. Yeah, Representative Harris, I'm going to
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Representative David "Bubba" Powers Chair Unverified 30:33
– I think we have a conflict here with the
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Speaker 143 30:38
code. Okay. And I'm going to – I think this is Section 2078-202. It defines child care facility, but it also,
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Representative David "Bubba" Powers Chair Unverified 30:51
however, the definition does not include special schools or classes operated solely for religious instruction, and I guess that would be churches. Facilities operated in connection with a church, shopping center, business, or establishment where children are cared for during short periods of time while parents or persons in charge of the child are attending church services, shopping, or engaging in other activities
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Senator Sue Madison Unverified 31:18
during this period. So I think I'm not against what you're doing, but it seems to fly in the face of the current law. With what you just
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Representative Justin T. Harris Chair Unverified 31:30
read, of course I'm not an attorney or have any inkling to be one, you just said if they're affiliated with the church. Did I miss? Well, I think it
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Representative David "Bubba" Powers Chair Unverified 31:42
mentions businesses, too. Okay. And we'll throw
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Senator Sue Madison Unverified 31:44
church out because I think it answered that question that I had, that churches were excluded.
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Representative David "Bubba" Powers Chair Unverified 31:50
Right. And they weren't mandated to do what you asked. But the exclusion includes, let me find it again, shopping center, businesses, or establishment where children are cared for during short periods of time while their parents or persons in charge of the child are attending, shopping, or engaging in other activities during that period,
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Senator Sue Madison Unverified 32:18
which could be working out, which was your example. And I mean, I'm not trying to be a downer to your bill, but I think you might ought to have a look at this before Representative Walker gets back in here. And I'm not an attorney either. I understand. But I read a lot of statutes just like everyone else,
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Speaker 56 32:41
and I think that's what I'm seeing. And, of course, Ms. McGee is a lawyer,
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Representative David "Bubba" Powers Chair Unverified 33:14
and we're trying to kind of do this on the fly.
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Representative Mary P. "Prissy" Hickerson Unverified 33:18
You know, the purpose is, would we want to amend the definition of childcare facilities? Ms. McGee, if I could have you
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Representative Stephanie Malone Chair Unverified 33:26
sit at the end of the table, please. Representative Williams, you're recognized. Let me give some free legal advice. If
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Representative Darrin Williams Unverified 33:33
we pass his bill, his bill would simply just supersede what's currently in statute. So the question is, do you want his bill, or do you want what's currently in statute, or do you want to amend your bill to comply with what's currently in statute? in statute that's really our choices here go ahead mr. with the Department of Human
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Speaker 58 33:55
Services in my area is not childcare there's another lawyer that handles that but I used to do this in the past as best as I can tell you define childcare and excluded these types of things excluded the churches excluded the private businesses so now the question is do y'all as a group want to say but for the private business that does the short-term care which as far as I can tell is not defined anywhere, do you want those people to have criminal background checks even though they're not in this definition? So I think
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Chair Unverified 34:21
that's the question before y'all. Representative Williams, you're recognized.
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Representative Darrin Williams Unverified 34:26
Mr. Harris, one – not taking a position on your bill, but one concern I would have is that we don't define what short-term childcare is, and so that would be subject to interpretation. You may want to define what that is so people who think they provide short-term care actually duplified short-term care know that they need to comply with this law. Without a definition, it may be unclear on who's providing short-term care because we don't define that. Does that mean 30 minutes? Does that mean an hour? What does that exactly mean? And if it's not defined in the code anywhere, you probably want to define that somewhere.
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Representative Justin T. Harris Chair Unverified 34:58
Well, I guess what I was looking at as far as long-term care is defined, and anything that's not long-term is short-term. But if we need to – I mean, I don't know the procedure because we're running out of time. really feel like this is not a bad bill I don't think we're I think it's a good bill and so to not losing time I don't know if we could amend it on the Senate side and I don't or just amend it right here I don't know what the procedure is well first of
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Representative David "Bubba" Powers Chair Unverified 35:27
all I don't think it's a bad bill either I just think we it needs to we need to make it jive with what we have to answer your question about you're going to start it down here and then run it on the Senate end I mean
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Speaker 73 35:43
it's and didn't have it amended it had to come back yeah well yeah I mean that's that that would be a tough tough
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Speaker 157 35:53
road to hoe on I'm I'm suspecting
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Representative Justin T. Harris Chair Unverified 36:00
yes just if in the Arkansas licensure handbook it def it does have a definition and I can if we're going to meet again I can bring this back up that we it does have there is a definition because I do know my licensing handbook so it is defined in the code and
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Representative Stephanie Malone Chair Unverified 36:16
we will be meeting again so okay representative Sanders so he could he could
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Representative David J. Sanders Unverified 36:21
go do that file a member zone will be Friday and then that give you plenty of time to work
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Representative Justin T. Harris Chair Unverified 36:27
but we may not even need to amend it if it is defined correct that in the regulation book
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Representative Stephanie Malone Chair Unverified 36:34
you still would need to amend it you still need to amend it to define it. Representative Williams. I don't know
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Representative Darrin Williams Unverified 36:41
what your licensure book requires, but if the license requirement that you're speaking of, if the short-term care facility is not licensed under that statute, then those regulations wouldn't apply to them. So if you want that definition to apply to them, you should put it in code. Because if you're talking about the definition of short-term care in a long-term care statute, and I'm a short-term care provider and I'm not licensed that statute, then that wouldn't apply to me. And if
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Representative Justin T. Harris Chair Unverified 37:06
you're correct, that's why I'm not an attorney. I appreciate there's attorneys like you. I never dog them, but it is code. It is a code. So our minimum licensing is code. It's law. And the short term is defined in that code. And I can bring that back. I don't want if I need to pull it and bring it back this afternoon and amend it, we can Well, let me make one other suggestion,
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Representative David "Bubba" Powers Chair Unverified 37:34
too, is that you have a look at this statute, and I'm going to give it
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Senator Sue Madison Unverified 37:39
to you in just a moment and see if you see any pitfalls with the rest of it. And you might just want to get with Ms.
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Representative David "Bubba" Powers Chair Unverified 37:46
McGee or someone, because I don't think it's a bad bill either, Representative Harris. I just think that when we get it out of here and if it's going to have to pass the scrutiny of, you know, the full House and then in Senate, whatever committee we're putting it down there, I guess their aging committee too, then that's where we want to stand
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Senator Sue Madison Unverified 38:06
up. I don't have any qualms at all about what you're trying to do. I just think we need to be able to tighten it up some where it can sail through.
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Representative Justin T. Harris Chair Unverified 38:15
Okay. Thank you. So I will pull House Field 1975. All right. Thank you, committee. Thank you, Representative Harris.
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Representative Stephanie Malone Chair Unverified 38:26
Representative Harris. Representative Williams, are you ready to present Senator Madison's bill? You are recognized to present Senate Bill 858. MR. Members,
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Senator Sue Madison Unverified 38:47
this is Senate Bill 858 on behalf of Senator Madison.
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Representative Darrin Williams Unverified 38:51
I'm going to present this for her. This bill basically does two things. It provides that notice must be given to the putative father who's acknowledged paternity or has registered on the putative father registry when an adoption proceeding is taking place. That's the first thing it does. The second thing the bill does is it puts parents who adopt children on par with parents who are having a biological child. So if an employer, public or private, gives maternity or paternity leave for a worker who's having a baby, then that employer would also have to give maternity leave or paternity leave to a parent who is adopting a child. Now, if the child that's being adopted is a child that has been in foster care, being adopted by the foster parent, then that wouldn't apply. If the child's over 18 years of age, then that wouldn't apply. And if the child is being adopted by a spouse of a custodial parent, then that wouldn't apply. So basically, this section tries to put biological and adoptive parents on the same footing.
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Representative Stephanie Malone Chair Unverified 40:03
I'd be happy to try to answer any questions. Members, you've heard an explanation of the
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Representative Tim Summers Unverified 40:10
bell. Representative Summers, you're recognized for a question. I just asked Representative Williams to define that word, putative,
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Representative Darrin Williams Unverified 40:17
I think you called it. Putative father. What does that mean? I'll look to Ms. McGee if there's a true definition, but I believe that's just alleged to be the father. I believe that's what that means. Alleged to be the father. Obviously, a child, you know a child is a mother's child, obviously. There may be some question to whether it's the dad, you know, mama's baby daddy's maybe. That's really what it means. Representative Sanders, you're
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Representative Stephanie Malone Chair Unverified 40:46
recognized for a question. Yeah,
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Representative David J. Sanders Unverified 40:49
I'm looking at the bill, Representative Williams. Do I read this correctly so that if a couple adopted a child that was six years old, they would be given leave? Only if the employer
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Representative Darrin Williams Unverified 41:05
would give that same leave to someone who had a child. This doesn't require the employer to give leave. It just says if the employer is going to give leave to a parent who has a child,
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Representative David J. Sanders Unverified 41:20
then they also would give parent. Of that age? Because let me add, seriously, on this one is, obviously, if there's a newborn that comes into a family and there's leave, I mean, it's certainly understandable. As a father of five children, I understand that. But if a family adopts maybe a 5-year-old, a 6-year-old, a 10-year-old, would that leave policy then be extended to that family as well?
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Representative Darrin Williams Unverified 41:47
Well, the purpose for the, on lines 25 through 27, that was really to try to exclude the situation that you're talking about. Most adoptions really, unfortunately, are of newborns. it's very hard for an older child to be adopted. So that's why we try to exclude children, well, obviously over 18 years of age, and those that have been in foster care. Usually a child who's older that's been adopted has been in foster care for long periods of time.
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Representative David J. Sanders Unverified 42:19
And so that was our intent of trying to exclude that. Okay, so it would exclude a family
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Representative Darrin Williams Unverified 42:29
who adopted a child who was in foster care. Is that correct? If being adopted by the foster family, yes. So if I had a child in foster care in my care for six months,
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Representative David J. Sanders Unverified 42:43
a year, and then I choose to adopt that child, then this would exclude me from this statute. Okay. Let me give you a scenario. We adopt my nephew who's six years old. My wife and I both work for an entity that allows for leave for newborns. I mean, I think that's sort of the intent. would we then be eligible for leave from our job?
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Representative Darrin Williams Unverified 43:06
Only if your employer would allow that. If you look at line 7, an employer that permits paternity or maternity leave for a biological parent after the birth of a child. So at 6 years old, you are after the birth of a child, but I don't think any employer is going to give you leave for a 6-year-old child. You would have to take that maternity leave upon
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Speaker 184 43:26
birth. That was the heart of my question. So it would have to be comparable leave.
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Representative Darrin Williams Unverified 43:31
Absolutely. Okay. That's what I needed. No, absolutely. The adoptive parent's not getting any more rights than a biological parent under this bill. It's actually, right now, they don't have the rights that a biological parent does, and we're trying to make them at least somewhat equal. Thank you very
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Representative Stephanie Malone Chair Unverified 43:51
much. I have a quick question. On the second page, line 16, section 3, it says ill child. Can you give me the definition of it? isn't I don't know how
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Representative Darrin Williams Unverified 44:02
we define the old child here or a child with disability we don't define the disability but what I will say about that is only if an employer would give this didn't require an employer to do anything if an employer would give some type of leave to if it was a biological child then the adoptive child and parent would be subject same leave so whatever if a employer would give leave to someone because their child was ill then we're saying, that was their biological child was saying, also give that same leave to someone if it's your adoptive child. That's all we're saying here. And that would clearly be up to the employer on what their leave policy
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Representative Stephanie Malone Chair Unverified 44:41
states. Representative Benedict, you're recognized. Thank you, Madam Chair.
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Representative Lori Benedict Unverified 44:46
My concern would be that some of these employers, definitely you have to admire them for their willingness to give leave in these situations. But would you not agree, Representative, that the original intent of giving leave to a birth mother might have something to do with the physical effects of having a child and the physical effects of having to help take care of that mother shortly after birth, which is why you would give the father some leave also, a situation that adoptive parents do not undergo? No,
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Representative Darrin Williams Unverified 45:23
I wouldn't agree. I think that the Family Medical Leave Act and laws like that relate much more than just to physical issues. It also may relate to having a newborn in your house and just to dealing with a newborn. Being a father who's not physically had a child, I can assure you that there is an adjustment for the father as well as the mother that are much beyond just physical needs. And so I would suggest that it's much more than just a physical issue. That's why these laws have been
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Representative Stephanie Malone Chair Unverified 45:57
passed. MS. Okay. Thank you. That's the opinion I wanted. MS. Representative Harris, you're recognized. MS. To go back
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Representative Justin T. Harris Chair Unverified 46:16
to the putative – to go back to the putative father, which in definition is saying it's okay to have their child adopted is that correct is that not did i misread that because i missed know what what we're trying to do is to make sure we
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Representative Darrin Williams Unverified 46:31
comply with the constitution to give that father notice of the adoption so that if that father is the alleged father then they would also get notice of the adoption so were we not doing that before it wasn't in statute before okay all right thank you madam chair might may have backup i've gotten some assistance on Representative Sanders' question. And as lawyers disagree, I'm going to give you another side of the opinion. With regard to your six-year-old child scenario, Mr. Sanders, I have folks behind me who disagree with me and believe that it would apply to someone adopting a six-year-old child. Representative Sanders, did
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Representative Stephanie Malone Chair Unverified 47:11
you have your hand up for another question? Okay. Representative Stubblefield, do you have a question? Seeing no other questions, what's the will of the committee? Representative Duffinball, you're recognized. Motion is proper time.
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Speaker 195 47:38
Do pass. We have a motion. Do pass. Is there anyone in
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Representative Stephanie Malone Chair Unverified 47:43
the audience who would like to speak for the bill, against the bill? Seeing none, all in favor say aye. Aye. Any opposed? No. No. Motion carries.
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Speaker 132 48:00
We have Senator Thompson here to present Senate Bill 751. Thank you, Madam Chair.
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Speaker 197 48:17
Thank you, Committee. Senate Bill 751 is to provide for adult abuse and domestic violence reporting. This bill came from an issue that was brought to me by a constituent who works at the hospital in Perigold who saw a series of what amounted to abused pregnant women who came into the the ER in the hospital in Perigold, and there is no provision currently in the law that provides for reporting by a health care provider of an abused pregnant woman. This is a may, not a shall. If you look on the bill online, 30, the first page of the bill, a health care provider may report to a law enforcement agency. So it gives the provider the ability to report any sort of adult abuse to a law
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Speaker 198 49:16
enforcement agency if the injured adult agrees or the health care provider determines that the report
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Speaker 197 49:24
is necessary to prevent serious harm to the injured adult. The last, if you look on the second page of the bill under F, the health care provider is immune from civil or criminal liability for making the report or for not making the report, which is very important. So we're not creating a civil cause of action against a health care provider for this bill. In other words, if this bill is enacted and any abused adult, particularly what is designed to cover are abused pregnant women comes into the ER of a hospital and the healthcare provider determines that it's necessary to prevent harm to the adult by making the report, then the healthcare provider can make that determination and can make the call to law enforcement and not have to worry about whether it's incurring civil or criminal liability, whether or not it makes the report. I originally
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Speaker 199 50:33
filed another bill on this that was slightly different.
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Speaker 197 50:37
The Hospital Association had some issues with that and was very helpful in working with
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Speaker 198 50:43
me on drafting a bill that I believe they are neutral or comfortable with. So the Hospital Association has vetted this issue, and they don't have a problem with bill I think it's
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Representative Stephanie Malone Chair Unverified 50:59
fair to say members we've heard an explanation of the bill are there any
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Speaker 80 51:06
questions vice chair powers you're recognized Senator just help me a little bit here
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Senator Sue Madison Unverified 51:12
I'm assuming that this would make it a little easier to prosecute by having this language and because I guess you could report that to the police now, and also the civil liability, which is, you know, I like that part of it. I just want to make sure we're getting our bang for the buck here. This somehow has given us an opportunity that
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Speaker 197 51:38
we don't have at this point? That's correct. As you probably know, there are statutes now that require a health care provider in treating an injured child if they uncover what they believe to be abuse of an injured child that requires the provider to report the suspected abuse to law enforcement. But there's not anything that really applies to adults. Now I think it's fair to say that providers frankly don't want to be required to any time there's an injured adult, they don't want to be required to report that, and I understand that because an injured adult presumably is competent and can make the decision as to whether that should be reported or not. The concern with injured pregnant women was the issue of an abusive relationship where the patient may not feel the freedom, for whatever reason, to report suspected violence against her. So that's why we had some May language that allows the health care provider to do that in the event that they believe it's necessary to present serious harm to the injured adult. And I can tell you this bill is the result of compromise. The lady who works in the ER at the hospital in Perigold wanted me to include language that would have required an automatic temporary restraining order of order of protection to be entered in the event of an injured pregnant woman. And there are a lot of procedural problems with that, although I think some states do something like that. There are some procedural problems with requiring immediately that law enforcement get involved in a situation like that. But this allows the provider some discretion if it feels that there is a danger to any adult, but particularly vulnerable adults in particularly vulnerable situations to report the suspected abuse. All right. Thank you. That answered my question. Representative Sanders,
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Representative David J. Sanders Unverified 53:49
you're recognized. Thank you, Madam Chair. Senator Thompson, was the May language part of the compromise that you struck with the hospital association? Yes. Yeah, it was. Was that it, or were there other compromises that we can see in this
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Speaker 208 54:05
bill, or were they just things that you
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Speaker 197 54:09
took out? We rewrote the bill, actually, to be perfectly clear. The original bill was different enough that we were concerned that this bill had a different purpose. The original bill was tailored to pregnant adult women, and it included shall language. And so the Hospital Association, and I don't know if they're here. I don't want to speak for them, but I think this is fair. The hospital association said, why don't we consider any adult, but include some May language, give us discretion to do it, but protect us from liability in the event that we choose not to do it. And that seemed fair to me. I can tell you this issue in different degrees has been floating around out there for a while. Sometimes you may see some bills come through, and I don't know if they come through this committee or not, that deal with burn victims, if there's an issue of somebody shows up with a suspicious burn, does that have to be reported or shall that be reported? Should it be required for a provider to report that? So you may see this issue come up in other contexts, but I think hopefully this will solve some of the issues and gives the discretion to the provider without imposing potential liability. And is it
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Representative David J. Sanders Unverified 55:30
fair to say, it goes without saying, that this does not run afoul
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Speaker 197 55:35
any HIPAA law, any HIPAA regulations? No, that's a good question, because that was a, and I'm no HIPAA expert, and I think Representative Sanders is talking about the federal statute that imposes privacy protections for patients of health care providers. And I'm no expert on the HIPAA statute. I know that there are exceptions in the HIPAA statute for dangerous emergency situations. And that apply to adults as
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Representative David J. Sanders Unverified 56:04
well as children. I could see children
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Speaker 197 56:07
not being much of an issue. Yeah. I'm assuming that because the hospital association's attorney drafted this, that they were comfortable with HIPAA.
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Speaker 209 56:17
I assume that as well. Thank you,
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Representative Stephanie Malone Chair Unverified 56:20
Senator. I appreciate it. Representative Hubbard, you're recognized. Representative Harris, you're
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Representative Justin T. Harris Chair Unverified 56:26
recognized. On the May and the shall, was the abuse, domestic abuse, against the pregnant person at the hospital? It would be a woman. Yeah. Well, sorry, the woman. Thank you, Dave. Representative Sanders. It was domestic abuse, correct, in your situation in Perigold?
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Speaker 197 56:50
Well, I think it's suspected domestic abuse. I mean, it was a pregnant woman who showed up who clearly had been beat up. Now, whether that was somebody in the home or somebody else, but I think it was clearly some kind of physical trauma
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Speaker 198 57:05
that was probably imposed by another person. Now, whether that was domestic abuse, you know, may be a question.
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Representative Justin T. Harris Chair Unverified 57:11
Okay, Mike, they're mandated reporters to report child abuse, correct? I'm sure that they are, yeah. So I guess my question, why did they have an issue with they didn't want to be liable? I mean, is it their responsibility to save lives? And if they know or suspect that there's abuse, why would they have an issue with not wanting to report it?
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Speaker 196 57:38
Well. The Hospital Association, I'm sorry. Well, I don't want to speak for them. I can only assume that if we had a, if you have a,
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Speaker 197 57:48
it's kind of like the old law school example. They say if you're walking along and you see a guy drowning in a pond and you walk right by and watch him drown, you're okay. You're under no affirmative obligation to do anything. But if you throw him a rope and you screw it up, you're liable for a dead guy, okay? If you make an attempt to save somebody and you fail, you're potentially negligent, but you have no affirmative duty to act. I think probably what they're concerned with is that this statute would create an affirmative duty to act. If we put some May language in there and they don't choose not to do it, at some point an attorney might say, this pregnant lady died, you could have saved her by simply making a phone call to the police and you didn't do it. So that's why I
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Speaker 198 58:42
think they probably wanted the civil liability immunity. Okay. So be safe when you save
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Representative Justin T. Harris Chair Unverified 58:47
somebody. Try to save someone. I think that's a fair
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Representative Stephanie Malone Chair Unverified 58:54
statement. Thank you. Representative Sanders, you're recognized.
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Representative David J. Sanders Unverified 58:58
One more quick question, Senator, if I may. The main language, does it also give them some discretion? Does that allow them to have discretion? Whereas had it been the shallow language, they wouldn't have had the discretion. So they're able to sort of, you know, because obviously I could see a situation where we can think of all kinds of scenarios in which someone could walk into an ER and have all kinds of, you know, problems and issues and maybe jump to a conclusion, a logical conclusion, and do
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Speaker 182 59:28
something. but this clearly gives them discretion. Yeah, I
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Speaker 197 59:31
think that's right. And I think for the reason that you pointed out, I think Representative Sanders pointed out, with a child, a child isn't legally competent. So a child wouldn't always have the ability or know best when to report a problem, especially with a parent or guardian. But an adult presumably has some higher level of competence and can make that decision. So you give the hospital or the health care provider discretion as to determine, okay, this is a 35-year-old guy who was in a bar fight. I really don't think we need to call the police. I think if he needs to call the police, he can call them. Versus here's a 19-year-old pregnant woman who's clearly had the suit knocked out of her, and we may need to call the sheriff's office and at least notify them of the situation. And would it also
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Representative David J. Sanders Unverified 1:00:26
not empower the adult as well to say, you know, to clarify and if they could, you know, walk into an ER and there may be some overzealous doctor or nurse or health care professional who really wants to take a stab at this and give that patient the opportunity to say, hey, hang on, wait a minute, this is.
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Representative Darrin Williams Unverified 1:00:45
Sure. Oh, yeah, absolutely. Motion at the proper time. Representative Williams, you're recognized. Thank you, Madam Chair. Senator Thompson, one quick question, and I have no problem with the bill, but on page two, lines one through three, a health care provider that makes a report, what's the rationale for making them let the person – and you may have answered this question because I was talking. I apologize. But what's the rationale for having them inform the person
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Speaker 217 1:01:16
that they're making the report on? What's
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Speaker 197 1:01:18
the reason for doing that? Well, I think there are probably several different reasons. First of all, I'm trying to think through HIPAA. I know under certain circumstances in HIPAA, and I don't know frankly if that's put in for HIPAA language or not, I know under certain circumstances in HIPAA, a healthcare provider can provide information without the consent of an adult but almost always has to give the adult, I mean, the patient notice that the information has been provided. The example I'm thinking about is a subpoena. I mean, sometimes a health care provider, if it receives a subpoena for medical records, to comply with the subpoena, but it has to give the patient notice that it's providing the medical records. So I don't
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Speaker 198 1:02:18
exactly know the answer to your question. I think probably that's done to comply with HIPAA. Also I can think of some policy reasons why if a healthcare provider is going to notify a law enforcement agency of protected health information, it's best that the patient know that that's being done. So if a sheriff shows up knocking on the door, they're not taken by surprise.
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Representative Gary Deffenbaugh Unverified 1:02:48
Representative Deffenbaugh, you're recognized. Thanks, Madam Chair. So this just came to my mind, and you may have said this, let's say it's health just refers to line one, two, and three, the health care provider decides to file a report, and And then what if the patient doesn't want it, or protests, how does that work?
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Speaker 197 1:03:10
Sure. I mean, that's the issue. I mean, this allows the health care provider to do it anyway, and that's a policy decision. And if you think that under any circumstances a health care provider has to receive consent that when medical records are released, then you're not going to like my bill. The bill, I think, implicitly recognizes that there are some circumstances where with an abuse situation where a health care provider may need the option or the discretion to provide health information even if it determines that the person is at
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Speaker 198 1:03:50
– there's a safety risk or that the person has been abused. It needs the option to provide that information even if the patient
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Representative Gary Deffenbaugh Unverified 1:04:04
doesn't consent. Does it give the patient an opportunity to explain or maybe talk the health care provider out of doing that? You know what I'm saying? Like, maybe there's a legitimate reason, an accident, you know, hit their head on the door frame, whatever. Still gives the health care provider an opportunity to change his mind if the patient can do it convinces him that it really was an accident, it wasn't
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Speaker 197 1:04:36
abuse? Well, under the bill, the health care provider has to promptly notify the patient that the disclosure has been made. There's no requirement that that notification be given ahead of time. There's no requirement under the bill. Now, the bill does allow the health care provider to do it with the consent under line 34 on page 1 with the consent of the adult. So presumably the health care provider is going to give, is going to ask, do you want us to call the sheriff's office? And they can do that now. I mean, do you need some help? Do you want us to call law enforcement? Because clearly there's a problem here. But there is no requirement that they go. And I think probably because of that, if you're requiring the provider to go ahead of time, There are going to be situations, perhaps the abuse is so severe that the adult can't respond or can't respond for whatever reason. Maybe the – so I think that would – I can see your point, and it's a good question, but I think requiring discussions or negotiations on the front end would
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Speaker 198 1:05:53
probably effectively get the policy underlying the bill. Appreciate it.
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Speaker 225 1:05:58
Thanks. Representative Benedict, do you have a question?
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Representative Lori Benedict Unverified 1:06:02
Thank you, Mr. Chair. Senator Thompson, do you think this bill would in any way inhibit or keep somebody from wanting to go seek medical care?
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Speaker 197 1:06:13
That's a good question. And that's probably the – that issue comes up any time you have a reporter statute, whether Whether it's a mandatory reporter or whether it's a discretionary reporter. Does a mandatory reporter statute encourage a parent who may be abusing a child from taking the child in for medical treatment? It's a good question. Do we want to do away with reporter statutes so at least if there's a parent who's abusing a child and goes too far, the parent can still take the child in and not be worried about having the cops called in. So I can certainly see your point. I think to some extent the state of Arkansas and most other states have made the decision that for public policy reasons we do need to have a mandatory reporter statute for children. And I think in this situation I'm asking you to consider having a discretionary reporter statute for adults. Would it discourage people from seeking medical treatment? I don't know. I think you can make an argument that if you're really worried about that, what we really need to do is do away with mandatory reporter statute before something like this because then you've got a real wrongdoer who's responsible or presumably responsible for bringing the kid in. In this situation, you've got an adult who can make a decision, who can make a decision, I need to seek medical treatment
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Speaker 198 1:07:51
and, you know, I can decide whether or not to go seek that treatment. I don't know if I answered your question. I mean, it's a policy decision that you'll have to make. I don't think so, but I can't, you know, I don't have a definitive
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Speaker 206 1:08:08
answer to that. Representative Harris, you're recognized. Thank you,
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Representative Justin T. Harris Chair Unverified 1:08:18
Madam Chair. Just a quick question. What other states have this?
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Speaker 198 1:08:22
I don't know the answer to that. Okay. I don't know the answer to whether other states have a discretionary reporter statute. Okay. Thank you. Seeing no
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Representative Stephanie Malone Chair Unverified 1:08:33
other questions from the committee, Representative Sanders, you're recognized. Thank you, Madam
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Representative David J. Sanders Unverified 1:08:38
Chairman. Chair, motion do pass, please. We have a motion
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Representative Stephanie Malone Chair Unverified 1:08:41
do pass. is there anyone in the audience who would like to speak for the bill against the bill seeing none all in favor say aye any opposed no motion carries and your bill passes thank you thank you next up we have representative Harris to We present House Resolution 1006. Representative Harris, you're
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Representative Justin T. Harris Chair Unverified 1:09:18
recognized. Thank you, Madam Chair. This is House Resolution 1006, and it's just to recognize and commemorate the 100th year of the occupancy of the house of representatives chamber members
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Representative Stephanie Malone Chair Unverified 1:09:33
you heard an explanation of the resolution we have any questions thing and what's the only and represent hickerson you're recognized do pass you have a motion do pass is there anyone in the audience who would like to speak for the resolution against the resolution seeing none all in favor say aye Any opposed? No. Motion carries. Thank you. All right. I'm going to present House Concurrent Memorial Resolution 1-0-0-1,
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Speaker 143 1:10:22
Vice Chair Powers. All right. Chairman Malone, you are recognized. to run House Resolution 10-11.
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Representative Stephanie Malone Chair Unverified 1:10:29
I believe that's it. 1-0-0-1, 10-0-1. That's correct. 10-11. Thank you, Mr. Chair. Members, this is a House concurrent memorial resolution for Representative Carter, and it is in respectable memory of Mr. James Marvin Park and his recognition of his contributions to the state of Arkansas and his local community. And I would appreciate a
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Representative David "Bubba" Powers Chair Unverified 1:11:03
good vote. any questions from the committee all right no questions we have a do pass motion from representative williams all those in favor say aye all opposed your resolution is passed Thank you, Madam Chair.
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Representative Stephanie Malone Chair Unverified 1:11:46
Thank you.
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Agenda

Call to Order

0:00

HB1544

0:17

HR1037

3:33

SB319

5:38

SB326

11:22

SB626

14:10

HB1975

16:26

SB858

38:36

SB751

48:07

HR1006

1:09:10

HMCR1001

1:10:05

Adjournment

1:12:13

Documents

No documents posted.

Speakers

Representative Stephanie Malone Chair Unverified
60 segments
Chair Unverified
4 segments
Representative Randy Stewart Unverified
2 segments
Representative Tim Summers Unverified
9 segments
Representative Billy W. Gaskill Unverified
6 segments
Lieutenant Natalie Unverified
1 segment
Speaker 13
3 segments
Speaker 17
1 segment
Speaker 38
2 segments
Representative Lori Benedict Unverified
14 segments
Speaker 46
1 segment
Representative David "Bubba" Powers Chair Unverified
32 segments
Senator Sue Madison Unverified
23 segments
Speaker 58
2 segments
Speaker 60
6 segments
Speaker 61
1 segment
Speaker 80
2 segments
Representative Justin T. Harris Chair Unverified
51 segments
Representative Mary P. "Prissy" Hickerson Unverified
10 segments
Speaker 108
1 segment
Speaker 110
1 segment
Speaker 113
2 segments
Speaker 131
1 segment
Speaker 134
6 segments
Speaker 143
3 segments
Speaker 56
1 segment
Representative Darrin Williams Unverified
29 segments
Speaker 73
1 segment
Speaker 157
1 segment
Representative David J. Sanders Unverified
15 segments
Speaker 184
1 segment
Speaker 195
1 segment
Speaker 132
1 segment
Speaker 197
35 segments
Speaker 198
12 segments
Speaker 199
1 segment
Speaker 208
1 segment
Speaker 209
1 segment
Speaker 196
1 segment
Speaker 182
1 segment
Speaker 217
1 segment
Representative Gary Deffenbaugh Unverified
3 segments
Speaker 225
1 segment
Speaker 206
1 segment