March 16, 2011
Video
Transcript
Bills discussed (54)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1146
· 5 mentions in chapter, transcript
Matched: “HB1146”
|
Pre-2017 bill | ||
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HB1802
· 5 mentions in transcript, chapter
Matched: “the bill. Mr. Clerk, read House Bill 1802.”
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Pre-2017 bill | ||
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HB2064
· 4 mentions in chapter, transcript
Matched: “HB2064”
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Pre-2017 bill | ||
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HB1703
· 3 mentions in chapter, transcript
Matched: “HB1703”
|
Pre-2017 bill | ||
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HB1447
· 2 mentions in transcript, chapter
Matched: “the bill. Mr. Clerk, read House Bill 1447. House Bill 1447 by Representative Hutchinson to”
|
Pre-2017 bill | ||
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HR1010
· 2 mentions in chapter, transcript
Matched: “HR1010”
|
Pre-2017 bill | ||
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HB1066
· 1 mention in transcript
Matched: “House Bill 1066 is Act 293 House Bill 1068 is Act 294 House Bill 1078 is Ac…”
|
Pre-2017 bill | ||
|
HB1103
· 1 mention in transcript
Matched: “…peaker weird committee on joint budget to whom was referred house bill 1103 house bill 1192 house bill 1199 house bill 1127 house bill…”
|
Pre-2017 bill | ||
|
HB1127
· 1 mention in transcript
Matched: “…as referred house bill 1103 house bill 1192 house bill 1199 house bill 1127 house bill 1128 and house bill 1327 by joint budget committ…”
|
Pre-2017 bill | ||
|
HB1128
· 1 mention in transcript
Matched: “…e bill 1103 house bill 1192 house bill 1199 house bill 1127 house bill 1128 and house bill 1327 by joint budget committee leave the rep…”
|
Pre-2017 bill | ||
|
HB1192
· 1 mention in transcript
Matched: “…mittee on joint budget to whom was referred house bill 1103 house bill 1192 house bill 1199 house bill 1127 house bill 1128 and house b…”
|
Pre-2017 bill | ||
|
HB1199
· 1 mention in transcript
Matched: “…budget to whom was referred house bill 1103 house bill 1192 house bill 1199 house bill 1127 house bill 1128 and house bill 1327 by join…”
|
Pre-2017 bill | ||
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HB1260
· 1 mention in transcript
Matched: “…ker, we are a committee on joint budget to whom is referred House Bill 1260 by Joint Budget Committee. Begley Report. We've had the sam…”
|
Pre-2017 bill | ||
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HB1327
· 1 mention in transcript
Matched: “…ll 1192 house bill 1199 house bill 1127 house bill 1128 and house bill 1327 by joint budget committee leave the report we've had the sa…”
|
Pre-2017 bill | ||
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HB1739
· 1 mention in transcript
Matched: “…we are a committee on state agencies to whom is referred to House Bill 1739 by Representative Letting and House Bill 2074 by Representa…”
|
Pre-2017 bill | ||
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HB1766
· 1 mention in transcript
Matched: “we are a committee on agriculture to whom is referred House Bill 1766 by Representative Gillum and House Bill 1903 of our represe…”
|
Pre-2017 bill | ||
|
HB1774
· 1 mention in chapter
Matched: “HB1774”
|
Pre-2017 bill | ||
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HB1795
· 1 mention in transcript
Matched: “…aker, we are a committee on insurance to whom was referred. House Bill 1795, House Bill 1986, House Bill 2030, House Bill 2137, Senate…”
|
Pre-2017 bill | ||
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HB1796
· 1 mention in transcript
Matched: “…r we are committee on city county local to whom is referred house bill 1796”
|
Pre-2017 bill | ||
|
HB1807
· 1 mention in transcript
Matched: “…we are a committee on state agencies to whom is referred to House Bill 1807 by Representative Hyde. I believe to report we've had the s…”
|
Pre-2017 bill | ||
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HB1839
· 1 mention in chapter
Matched: “HB1839”
|
Pre-2017 bill | ||
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HB1843
· 1 mention in chapter
Matched: “HB1843”
|
Pre-2017 bill | ||
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HB1851
· 1 mention in chapter
Matched: “HB1851”
|
Pre-2017 bill | ||
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HB1876
· 1 mention in transcript
Matched: “house bill 1876 house bill 1929 house bill 2024 house bill 2039 and senate…”
|
Pre-2017 bill | ||
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HB1888
· 1 mention in chapter
Matched: “HB1888”
|
Pre-2017 bill | ||
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HB1903
· 1 mention in transcript
Matched: “…om is referred House Bill 1766 by Representative Gillum and House Bill 1903 of our representative Moore.”
|
Pre-2017 bill | ||
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HB1905
· 1 mention in chapter
Matched: “HB1905”
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Pre-2017 bill | ||
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HB1908
· 1 mention in chapter
Matched: “HB1908”
|
Pre-2017 bill | ||
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HB1929
· 1 mention in transcript
Matched: “house bill 1876 house bill 1929 house bill 2024 house bill 2039 and senate bill 701 big lea…”
|
Pre-2017 bill | ||
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HB1943
· 1 mention in chapter
Matched: “HB1943”
|
Pre-2017 bill | ||
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HB1986
· 1 mention in transcript
Matched: “…mmittee on insurance to whom was referred. House Bill 1795, House Bill 1986, House Bill 2030, House Bill 2137, Senate Bill 720, and Sen…”
|
Pre-2017 bill | ||
|
HB2024
· 1 mention in transcript
Matched: “house bill 1876 house bill 1929 house bill 2024 house bill 2039 and senate bill 701 big lead report we've h…”
|
Pre-2017 bill | ||
|
HB2029
· 1 mention in chapter
Matched: “HB2029”
|
Pre-2017 bill | ||
|
HB2030
· 1 mention in transcript
Matched: “…nce to whom was referred. House Bill 1795, House Bill 1986, House Bill 2030, House Bill 2137, Senate Bill 720, and Senate Bill 755. I b…”
|
Pre-2017 bill | ||
|
HB2039
· 1 mention in transcript
Matched: “house bill 1876 house bill 1929 house bill 2024 house bill 2039 and senate bill 701 big lead report we've had the same unde…”
|
Pre-2017 bill | ||
|
HB2074
· 1 mention in transcript
Matched: “…s referred to House Bill 1739 by Representative Letting and House Bill 2074 by Representative Slinkard. big lead to report we've had th…”
|
Pre-2017 bill | ||
|
HB2094
· 1 mention in transcript
Matched: “…air mr speaker we're committee on aging to whom is referred house bill 2094 house resolution 1019 house resolution 1028 house resolutio…”
|
Pre-2017 bill | ||
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HB2137
· 1 mention in transcript
Matched: “…eferred. House Bill 1795, House Bill 1986, House Bill 2030, House Bill 2137, Senate Bill 720, and Senate Bill 755. I believe to report…”
|
Pre-2017 bill | ||
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HB2167
· 1 mention in chapter
Matched: “HB2167”
|
Pre-2017 bill | ||
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HR1019
· 1 mention in transcript
Matched: “…e're committee on aging to whom is referred house bill 2094 house resolution 1019 house resolution 1028 house resolution 1030 house resolutio…”
|
Pre-2017 bill | ||
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HR1028
· 1 mention in transcript
Matched: “…g to whom is referred house bill 2094 house resolution 1019 house resolution 1028 house resolution 1030 house resolution 1036 senate bill 625…”
|
Pre-2017 bill | ||
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HR1030
· 1 mention in transcript
Matched: “…house bill 2094 house resolution 1019 house resolution 1028 house resolution 1030 house resolution 1036 senate bill 625 and senate bill 710 t…”
|
Pre-2017 bill | ||
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HR1036
· 1 mention in transcript
Matched: “…resolution 1019 house resolution 1028 house resolution 1030 house resolution 1036 senate bill 625 and senate bill 710 they believe report we'…”
|
Pre-2017 bill | ||
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SB126
· 1 mention in chapter
Matched: “SB126”
|
Pre-2017 bill | ||
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SB24
· 1 mention in chapter
Matched: “SB24”
|
Pre-2017 bill | ||
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SB317
· 1 mention in chapter
Matched: “SB317”
|
Pre-2017 bill | ||
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SB437
· 1 mention in chapter
Matched: “SB437”
|
Pre-2017 bill | ||
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SB559
· 1 mention in chapter
Matched: “SB559”
|
Pre-2017 bill | ||
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SB625
· 1 mention in transcript
Matched: “…resolution 1028 house resolution 1030 house resolution 1036 senate bill 625 and senate bill 710 they believe report we've”
|
Pre-2017 bill | ||
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SB701
· 1 mention in transcript
Matched: “…ll 1876 house bill 1929 house bill 2024 house bill 2039 and senate bill 701 big lead report we've had the same under consideration here…”
|
Pre-2017 bill | ||
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SB710
· 1 mention in transcript
Matched: “…e resolution 1030 house resolution 1036 senate bill 625 and senate bill 710 they believe report we've”
|
Pre-2017 bill | ||
|
SB720
· 1 mention in transcript
Matched: “…ll 1795, House Bill 1986, House Bill 2030, House Bill 2137, Senate Bill 720, and Senate Bill 755. I believe to report we've had the sam…”
|
Pre-2017 bill | ||
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SB750
· 1 mention in chapter
Matched: “SB750”
|
Pre-2017 bill | ||
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SB755
· 1 mention in transcript
Matched: “…986, House Bill 2030, House Bill 2137, Senate Bill 720, and Senate Bill 755. I believe to report we've had the same under consideration…”
|
Pre-2017 bill |
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Chair
Unverified
0:00
Position at your desk, and if you will stand, along with our staff and press, those of you who are visiting in the
gallery today, be led in our opening prayer by Constable Ingram Phillips, retired Army chaplain from Fairfield Bay, who's here today as a guest of Representative Robert Dale, and then remain standing, be led in the Pledge of Allegiance by Representative Billy Gaskell.
Representative Les "Skip" Carnine
Unverified
0:30
let us pray almighty god heavenly father creator of our
Speaker 6
0:37
lovely land and pioneering people these days call for the utmost from simple folks within this hallowed chamber be they elected appointed or employed i call upon you today to grant them extra measures of wisdom honor and integrity. Equip them to lead and to serve our great state with noble purpose, foresight and diligence.
This is the hour of decisions. Be with them, strengthen them, protect them and let
Speaker 8
1:17
your light shine upon them. I ask you now knowing you bless. Amen. Members, please indicate
Chair
Unverified
1:31
your presence by pressing the yellow present button.
Speaker 10
1:37
Prepare the machine, Mr. Clerk. If everyone will
Chair
Unverified
1:51
press that yellow present button. We got it. Has everyone had that
opportunity? Cast up the ballot. Mr. Clerk. Chair recognizes a quorum and 96 members present. Any requests for leave?
Let the record reflect that Representative Williams is present. Mr. Clerk. and uh representative deffenbaugh you are here are you not you're you're not indicating you're here representative deffenbaugh is with us here we
got you okay any requests for leave seeing none representative eddie cheatham moves we dispense with the reading of the previous
day's journal no objection so ordered are there reports from select committees read
the report mr clerk mr speaker weird committee on joint budget to whom was referred house bill 1103 house bill 1192 house bill 1199 house bill 1127 house bill 1128 and house bill 1327 by joint budget committee leave the report we've had the same under
Under consideration, heareth return the same with the recommendation that it do pass. Mr. Speaker, we are a committee on joint budget to whom is referred House Bill 1260 by Joint Budget Committee. Begley Report. We've had the same. Under consideration, heareth return the same with the recommendation that it do pass as amended. Respectfully submitted, Uvalde Lindsay, Vice Chair.
Speaker 18
3:30
A report from standing committee. Ready to report, Mr. Clerk. Mr. Speaker,
Speaker 15
3:35
we are a committee on agriculture to whom is referred House Bill 1766 by Representative Gillum and House Bill 1903 of our representative Moore.
Chair
Unverified
3:43
Begley to report we've had the same under consideration. Here with return the same with the recommendation that they do pass. Respectfully submitted. Jerry Brown, Chair. Mr. Speaker, we are a committee on insurance to whom was referred. House Bill 1795, House Bill 1986, House Bill 2030, House Bill 2137, Senate Bill 720, and Senate Bill 755. I believe to report we've had the same under consideration and herewith to return the same with the recommendation that they do pass. Respectfully submitted. Fred Allen, Chair.
Mr. Speaker, we are a committee on state agencies to whom is referred to House Bill 1807 by Representative Hyde. I believe to report we've had the same under consideration and herewith to return the same with the recommendation that it do pass. Mr. Speaker, we are a committee on state agencies to whom is referred to House Bill 1739 by Representative Letting and House Bill 2074 by Representative Slinkard. big lead to report we've had the same under consideration and here with return the same with the recommendation that they do pass as amended respectfully submitted clark hall chair mr speaker we are committee on city county local to whom is referred house bill 1796
house bill 1876 house bill 1929 house bill 2024 house bill 2039 and senate bill 701 big lead report we've had the same under consideration here with return the same with the recommendation that they do pass respectfully submitted charlotte wagner chair mr speaker we're committee on aging to whom is referred house bill 2094 house resolution 1019 house resolution 1028 house resolution 1030 house resolution 1036 senate bill 625 and senate bill 710 they believe report we've
had the same under consideration here with return the same with the recommendation that they do passed respectfully submitted stephanie
malone chair any unfinished business on executive communication mr clark uh read the letter from the governor please to the speaker of the
Speaker 20
5:51
house dear mr speaker this is to inform you that on march 16 2011 i approved the following
Chair
Unverified
5:56
measures from the regular session of the 88th general assembly
House Bill 1066 is Act 293 House Bill 1068 is Act 294 House Bill 1078 is Act 295 House Bill 1083 is Act 296 House Bill 1092 is Act 297 House Bill 1107 is Act 298 House Bill 1333 is Act 299 House Bill 1650 is Act 300 House Bill 1661 is Act 301 Sincerely, Mike Beebe
Members, before we go to the red calendar, a couple of introductions I'd like to make. Joining us back in the back of
the chamber is former Representative Bobby Glover. Representative Glover,
we're always a pleasure to have you as a former senator and representative, but we remember
him as a representative. So in the gallery today, we have a special guest of Representative Ed Garner and House
ALEC Chair Linda Collins-Smith, Mr. Jonathan Williams, who is the Director of Tax and Fiscal Policy Task Force for the American Legislative Exchange Council. Mr. Williams,
well, okay, Mr. Williams is not here, Ed, sorry, that's it. would have welcomed him warmly okay members going to the uh going to the red
calendar representative king moves that we place house bill 2064 back on second reading for the purpose
of amendment without objection uh read the amendment number one mr clerk amendment
number one to house bill 2064. representative king you are recognized to explain
Representative Bryan B. King
Unverified
7:48
the amendment Thank you, Mr. Speaker. While Representative McCowling is out and recovering, this is just a friendly amendment that adds co-sponsors and some technical corrections. Appreciate a good
Chair
Unverified
7:58
vote. Members, you've heard an explanation of the amendment. Anyone wishing to speak against? For, not the question for the House Adoption
Amendment No. 1 to House Bill 2064. All in favor say aye.
Aye. Opposed, no. Ayes have
it. Amendment adopted. Mr. Clerk, read House Resolution 1010. House Resolution
1010 by Representative Dale, commanding CARECAP Connections Community Cancer Project, founder and director, Mary L. Phillips. Representative
Dale, you are recognized. Come and explain the resolution.
Representative Robert E. Dale
Unverified
8:41
Thank you, Mr. Speaker. today i have a very special person i'd like to recognize and to i'd like to ask her to come to the floor here mary phillips she's standing there with her husband who was our chaplain of the day ingram phillips six years ago mary's sister was diagnosed with cancer in an effort to encourage encourage her sister, Mary began making hats of all
colors and designs. I'd volunteer to model this, but I don't think I'm a very good model. Representative Cheatham. I can tell you if you have one of these, it's hard to hang on to it. because I would hazard to guess that almost every representative in here
has either had a family or a close friend or a colleague that's been affected by cancer. Cancer can be a very condescending disease. This is not just a cap. This is a care cap. Six years ago, when Mary's sister was diagnosed with cancer, in an effort to encourage her sister, she began making all of these hats.
They became a big hit among all of the cancer patients. Friends began asking her to share her pattern and teach them how to make hats for their friends and their loved ones. That mission, which she began three years ago, has expanded overwhelmingly into a nonprofit organization called CareCaps. CareCaps operates solely by donations for materials and volunteers who also donate their time to make these caps for cancer patients.
mary has sewing sessions monthly at uams jacksonville air force base and the women's prison unit as of this date there's been over 30 000 of these caps made and donated all over the united states and canada in honor of a special lady who keeps her memory of her sister alive by making care caps for others who are suffering from the terrible disease of cancer, I want to
recognize Mary Phillips. Mr. Speaker, could we read the entire resolution, please? Mr. Clark, read the resolution in its entirety. Be it resolved by the House of
Chair
Unverified
11:51
Representatives of the 88th General Assembly of the state of Arkansas, whereas in late 2005, Mary L. Phillips, a woman who retired after 30 years as a public school teacher,
left her Texas home to return to family roots in Arkansas. Her sister Linda had been diagnosed with terminal cancer and had lost her hair from chemotherapy. Ms. Phillips began to sew headscarves for her sister, and her sister used the scarves and took some to chemotherapy sessions to share with other women undergoing chemotherapy. And by 2006, Ms. Phillips, assisted by Linda and church members in Fairfield Bay, Arkansas, created the CareCAP Connections Project. And whereas, CareCAPS organized itself in Fairfield Bay using community volunteers meeting monthly for a sewing. Chesapeake Energy provided startup funds.
Genome Corporation of America gave sewing machines. Marshall Dry Goods in Batesville, Arkansas provided fabrics. And several individuals contributed funds and customized for a cargo trailer. Ms. Phillips took her project on the road with oversight provided by local officers and a board of advisors. And whereas, from one team at Fairfield Bay and one cancer center at MD Anderson Center, Ms. Phillips now has set up additional groups in Greenbrier, Arkansas, UAMS Little Rock, Little Rock Air Force Base, Diamondhead, Hendricks College, Pine Bluff Southeast Department of Community Corrections, and Converse, Louisiana.
Ms. Phillip leads her sew-ins personally on a monthly basis. Over 1,500 women, men, and youth help with cutting, pinning, sewing, ironing, and preparing shipments. And they meet in public buildings and churches, all funded by donations from individuals, churches, corporations, and foundations. And whereas about 1,100 care caps go to cancer centers and individuals each month and all without charge, And as January 2011, more than 31,500 have reached patients across America,
and cancer centers receiving and distributing CAPS are coast-to-coast. And whereas, besides Ms. Phillips' direct leadership, three teams have spun off with one in Heber Springs, Arkansas, Love CAPS, another in Orlando, Florida, Sunshine CAPS, and in San Antonio, Texas, the Coker Project. Ms. Phillips would like to see more because her personal efforts and time and distance are limited. and to move along the project, she hopes for funds to produce an instructional video that will inform the public, recruit leaders and helpers and show step-by-step processes in making caps for distribution.
Care caps are made in a team setting and each team has a unique character and dynamic but all continue to grow because volunteers feel they have a worthy project. The cancer need is very great, the product is high quality, sew-ins are fun to attend and love links the maker through cancer facilities to receiver. And whereas Ms. Phillips resides in Fairfield Bay with her husband, constable ingram phillips colonel retired u.s army was born in limington england and graduated texas tech and texas amn received a master's degree and has an additional postgraduate education is the mother of c eric nielsen of san francisco grandmother of catherine lord of alexandria
virginia besides enjoying sewing is an avid reader and is interested in global history and current affairs enjoys domestic and international travel and lived in germany for nine years and is in her sixth year at home in arkansas now therefore it be resolved by the house of representatives of the 88th general assembly of the state of arkansas that the house of representatives commends mariel phillips on her work on behalf of cancer patients and the success of the organization she founded and directs care caps connection community cancer project be it further resolved upon adoption of this resolution an appropriate copy shall be provided to miss phillips by the chief clerk of the house of representatives members heard an explanation
of the resolution. The question for the House is passage of House
Resolution 1010. All in favor say aye.
Opposed, no. Ayes carried. Mr. Clerk, let the record reflect that the resolution passed unanimously. Thank you, Mr. Speaker. Thank you. Members, morning hour has ended. Mr. Clark Reed, House Bill 1146.
Speaker 15
15:52
House Bill 1146, Representative Kerr, to restrict the
Chair
Unverified
15:55
amount of credited service earned by a local elected public official unless
additional contributions are provided and to declare
Representative Allen Kerr
Unverified
16:05
an emergency. Representative Kerr, you are recognized to explain the bill. Thank you, Mr. Speaker. Members, House Bill 1146 is the result of long hours of work and negotiation. Basically, you may have heard of the two-for-one credit that county and some municipal elected
officials receive as far as credit toward their years of service in the APERS system. That time is capped at 10 years at this point. And previously, that second year that they received was not receiving any contribution whatsoever. And through negotiation with the Arkansas Association of Counties, Association of County
Judges and APERS Board, we were able to work out a solution to this where they have accepted and endorsed a five percent contribution toward the system now this five percent is divided up in two ways two and a half percent will come from the employee two and a half percent will come from the employer or the the municipality or county this if you'll notice your your impact
statement this will bring to the retirement system an additional 1.5 million dollars per year once this is fully implemented but the most important part about this is and I want to make this perfectly clear it does not affect anyone currently holding office today this is going to be a phase in over time as new elected officials come into these positions and this will be their their benefit package I will gladly take any questions right members you've heard an
explanation of the mills there are there any questions
there anyone who would like to speak against the bill for the bill representative Stewart you're recognized to speak for the bill representative Stewart
Representative Randy Stewart
Unverified
18:28
ear recognized just thinking madam chair this is a compromise bill we set on retirement for about three weeks are working on this I
was able to help represent occur come up with a good compromise I think the governor's is happy with it and it is a takes a burden off of the retirement system and a little bit of a burden onto the county and onto the employee and rightfully so so I appreciate a good vote to thank you representative Stewart has spoken for
the bill is there anyone who would like to speak against the bill mr. President Kerr would you
like to close for your bill you're recognized
Representative Allen Kerr
Unverified
19:06
to close thank you madam chairman I just want to take a moment to to acknowledge Representative Stewart's work on this and everyone who who toiled their their their hours of labor on this and appreciate a good vote representatives
Kerr is closed for his bill the question before the house is the passage of House bill 1146 prepare the machine the machine mr. clerk
has everyone voted has everyone voted cast up the ballot mr. clerk
by a vote of 88 yay three nay and zero present you have passed the bill and the emergency clause mr. clerk read house bill 1703 house
Speaker 24
20:05
bill 1703 by representative English to amend the statutes relating to the collection payment enforcement of
Chair
Unverified
20:11
property taxes to amend the installment payment provisions for property taxes and to make
technical corrections. Representative English, you're recognized to explain your bill. Thank you, Madam Speaker. This bill does two things. One thing that it does is I think when you all get your property tax, your personal property tax assessments, you have three installments right now, but the installment, the collectors have decided that it might be easier on the citizens if there was a final due date and you could pay $10 a month or $5 a month as long as you paid it all off
by the end of the, when it's due. So that will be something you won't have these installment payments anymore that you have to do. The other is to put in statute that if taxes are owed on personal property business assets that those have to be paid by the seller and if they are not paid, there will be a penalty. Thank you. You've heard an explanation of the bill. Is
there anyone who would like to speak against the bill? For the bill? If not, Representative
English should be closed for your bill. The question before the House is the passage of House Bill 1703, prepare the machine,
Mr. Clerk. Has everyone voted? Has everyone voted? Cast up
the ballot, Mr. Clerk. By a vote of 72 yea, excuse me, 92 yea, 1 they, and 0 present, you have passed
the bill. Mr. Clerk, read House Bill 1802.
Chair
Unverified
21:52
House Bill 1802 by Representative Rogers, an act concerning agriculture exemptions for sales
Speaker 73
22:01
and use tax. Recognized to explain the bill, Representative Rogers.
Representative Tiffany Rogers
Unverified
22:04
Thank you, Madam Speaker, and thank you, members of the House. House Bill 1802 is an act concerning agriculture exemptions for sales and use tax. HB 1802 clarifies that water sold for irrigation is not subject to state sales tax.
Arkansas farmers have continued to increase the number of acres they irrigate. The irrigation water currently comes from either groundwater wells or surface water reservoirs, which are both on-farm sources and not purchased, in turn not taxed. To reduce pressure on our aquifer, a feasible alternative source had to be created. After many years, two projects are currently underway, the White River Irrigation Project and the Balmito Project. Water will be sold in acre-feet to farmers by these irrigation districts.
As water will be sold from a surface water delivery project, it could or would be taxed. These projects will cover over 600,000 acres and reduce the dependence on groundwater, which is not taxable, and water from these projects shouldn't be either. The language for this bill came from the Department of Finance and Administration and has no fiscal impact and Farm Bureau supports this bill I would appreciate a good vote thank you members you've heard an explanation of the bill is there
anyone who would like to speak for the bill against the bill now excuse me for the bill if not the question before the house is the passage of House bill 1802 prepare the machine mr. clerk has everyone voted has everyone voted cast up the ballot mr. clerk by a vote of 86 yay 0 nay and 0 present you have passed
the bill. Mr. Clerk, read House Bill 1447. House Bill 1447 by Representative Hutchinson to
Chair
Unverified
24:11
protect the health and safety of public school students who suffer from diabetes by producing a certain school personnel to be trained in the administration of glucagon. Representative Hutchinson,
Representative Donna Hutchinson
Unverified
24:24
you are recognized to explain your bill. Thank you, Madam Chairman. This bill is a culmination of years and years and years of debate and talk, and we are very thankful that we are here today.
Let me tell you about Section 504 of the Rehabilitation Act of 1973. It's a federal law. It says that an educational program must be provided that is equal to that which is provided for non-disability students. Related aids and health care services must be provided. The federal law demands that children who have physical handicaps and health handicaps
must have the same education opportunities that regular children have. And it states that a diabetes health care provider must be provided by the school. Let me read another sentence. Under Section 504 of the Rehabilitation Act of 1973, parents are given the right to designate a school staff person to take care of their child if the child goes into coma because of diabetic reaction currently we are in limbo concerning who exactly
can give this shot it's a glucagon shot it cannot hurt anyone it's like a liquid Oreo you cannot overdose it's already measured and the Arkansas schools wanted just the school nurses to be able to give it but not every school has a school nurse the school nurses can't go on field trips they don't go to sports events they don't go to the band competition many schools have five or six students that
have diabetes and if the new nurse left to go on a band trip the other five would be left. This discussion went on forever and ever. Parents became concerned. There was no one there to give their child this shot. Children became concerned. They knew the day the nurse didn't come, if they went to a reaction, no one would be there to give them this shot. Finally, one parent took the Springdale School District into federal court on a basis of discrimination against his daughter
that had diabetes well the Springdale School District suddenly started singing a different song and they went into a settlement and they made agreement so we took that settlement and we wrote up a bill using this settlement agreement between the parties and we introduced the bill it wasn't a perfect bill but we wanted to be established this is federal law the parents have the right and I am so thankful for the Education Committee that voted this out and approved it
because the minute they voted it out in ten minutes we met with a group of people that had been fighting this for years and ten minutes we worked out an amendment the amendment is on your desk and it'll be introduced on the Senate side so I'm asking for this bill to be approved everyone's for it we now know the guidelines, we now know what the state of Arkansas must do, and these children don't have to worry anymore about going into a coma, dying, having brain injury. They know there
will be someone there who can give them that shot. I'll be happy to answer any
Speaker 84
28:05
questions. Representative Steele, for what purpose? Question.
Representative Tracy Steele
Unverified
28:07
You're recognized for a question. Representative Hutchinson, my understanding is that this would give immunity to any
Representative Donna Hutchinson
Unverified
28:14
actor, any volunteer who administers this medication, is that true? Yes. This person has to already be employed by the school, so therefore they have immunity over if something could possibly go wrong. But really, there's very little that could
go wrong, but dying and having brain damage is much more serious immunity that the schools need to worry about, then if you overdose, it'll be almost impossible. You might feel a little sick and
Speaker 88
28:41
nausea. That's about the worst possible thing that could happen. What kind of recourse
Representative Tracy Steele
Unverified
28:47
would a parent have if they find out that someone who they would not have trusted, who was not a school nurse and had no medical background whatsoever, administered this inappropriately and caused severe damage to that child? What kind of
Representative Donna Hutchinson
Unverified
29:02
recourse would the parent have? Well, the parent agrees. First, they have to be volunteers from the school. The parent agrees to this. Every school has to have a 504 plan for children with diabetes, and they will have in that that this is a volunteer. The parent agreed to it, and the parent knows who will be giving this child a shot. But people who have diabetes, we had families come. they had a child that had diabetes and their younger brothers and sisters were
trained to give these shots it's not that complicated and it's it would be hard to do it wrong but if it's not done death
Speaker 88
29:40
could follow one more question if I might just to be clear the parent would actually to
Representative Tracy Steele
Unverified
29:50
begin with agree to this volunteer admission the shot or they would just have to raise an objection if they didn't agree to the volunteer administering the shots. Have you looked at the
Representative Donna Hutchinson
Unverified
30:01
amendment? I'm looking at it now. Yes. It
says the parent or guardian of a student with type 1
diabetes will shine an authorization to allow the administration of glucagon shot to the student by the volunteer school personnel dedicated, designated by care providers. So the parent agrees to this and authorizes the school and the person who is the care provider to give them this shot. On the front end. Right. Thank you. Representative Hammer, for what purpose? Question, please. You're recognized for a question. Thank you. Representative Hutchinson,
Representative Kim Hammer
Unverified
30:40
this is going to be the responsibility of the school
nurse under the 504 plan, section 504 is that a correct statement
Representative Donna Hutchinson
Unverified
30:52
it says under the amendment a licensed school nurse employed by the school district
or other health care professionals shall annually trail trained volunteer school personnel and the school nurse already has to keep a 504 plan most of the nurses are keeping 504 plan they just don't have the person someone else who will step in and give
the shot if the nurse is gone they are already keeping the 504 plan
Representative Kim Hammer
Unverified
31:22
follow-up question please do you can you speak or would you speak as to whether you think this is going
to add to the burden of the school nurses because quite honestly the ones in my area feel that they are already overworked and i realize under section 504 they must have a plan in place anyway or how is this going to help relieve them of any additional workload without compromising the welfare
Representative Donna Hutchinson
Unverified
31:46
of the children? Could you answer that? This will help the school nurses. I know many school nurses are on rotation, and she knows while she's at another school, there is someone who can take care of these children. I wish we had a school nurse in every school. That would be the perfect solution. But right now, this is reality, and we have to take care these students and the reality we're living in and we have to obey federal law. I wish for the perfect scenario, but this is what we have to do with what we're living with right now.
Speaker 82
32:18
Thanks for taking my question. Thank you very much. I appreciate a good vote. Representative
Representative Barry Hyde
Unverified
32:32
Hyde, for what purpose? Question. You're recognized for a question. Thank you. Ms. Hutchinson, I appreciate what you're doing. I have a type 1 diabetic child so I understand and I understand the simplicity of giving that shot but I'm you know I come from a fairly large school district and so to try and cover all these kids in all situations it's going to be a pretty large undertaking
what happens if there's not enough volunteers I mean if there's a lot of teachers and secretaries or the different professions that might exist on a school campus you know are oftentimes squeamish and very concerned about liability i mean our schools aren't what they were 30 years ago uh what's what what what's what's a school to do or what's that nurse to do if she doesn't have enough volunteers i think
Representative Donna Hutchinson
Unverified
33:17
you better pray a family doesn't file a lawsuit against you like this family did in
Springdale that's the only alternative okay thank you
representative Gatskel for what purpose you're you're recognized
for a question diabetic my father I had
Representative Billy W. Gaskill
Unverified
33:48
sorry your old granddaughter These people are not fools. They know how to take care of their children.
They're well-versed in it. They're better to give than or as good as the school nurse is. So let's don't make these people seem stupid. Just because we have a child with diabetes, we know what's
Speaker 116
34:08
going on. We know better than the physician going on. Well, I appreciate that.
That's why the committee still did
the parents. I appreciate it. Representative Post, for
Representative Leslee Milam Post
Unverified
34:24
what purpose? Question. You're recognized for a question. Thank you, Madam Chair. Would it not still be a voluntary opportunity, or would the nurse be available if the teachers did not choose to participate?
Representative Donna Hutchinson
Unverified
34:38
Well, the nurse is always available. The problem is the nurse isn't always at the school. But the nurse would have the first priority. but if she's not there, a teacher, a coach, someone else needs to
Representative Leslee Milam Post
Unverified
34:52
know how to give this shot. If they choose not to, would we be responsible as the state if we are to vote
Representative Donna Hutchinson
Unverified
35:01
on this? I think you would open yourself up to many lawsuits because parents know they have a right for their child to be taken care of.
That's a federal law. So we're trying to align ourselves with the federal law, and this is the best thing we can do. And I hope for a good vote because I don't want any more schools to have discriminatory lawsuits filed
Speaker 90
35:26
against them. Thank you. Representative Lamkin, for what purpose? Representative
Hutchinson has yielded the floor. Is
there anyone in the audience who would like to speak against the bill? Representative Tyler?
No. Anyone like to speak for the bill? Representative Tyler, for what purpose? No. You're recognized to speak for the bill.
Representative Linda S. Tyler
Unverified
36:11
You're recognized to speak for the bill. Thank you, Madam Speaker. About 18 months ago, I believe, a number of families in Conway approached me with this situation where they had young children with type 1 diabetes.
And in our Conway public schools, we are not able to have a school nurse in every school all the time. We have school nurses that share elementary schools. They'll be in one elementary school in the morning and one elementary school in the afternoon. It makes a big difference to these diabetic children to be able to get this service, this glucagon shot, as soon as possible without having to wait on an EMT.
The current laws that we had in our state, as Representative Hutchinson said, didn't really match up with the federal requirement that we provide a safe place for our children at school and the care that they need. So what we did in Conway, faced with that, is we went around the system and through our local hospital managed to find some volunteers to train some volunteers.
But it's not always easy to do that, and you don't always have the resources available to do that. I think each of you, if you would talk with your parents in your schools, you'll find situations where they have children with type 1 diabetes, and this is a way to address that. It's a safe way, and I can assure you there will be volunteers. Those parents will make sure of it. I'd appreciate a good vote for Representative Hutchinson. Members, Representative Tyler
has spoken for the bill. Is there anyone who would like to speak against the bill?
For the bill? Representative Edwards, for what purpose? You're recognized
Representative John Charles Edwards
Unverified
38:17
to speak for the bill. You're recognized. Thank you, Madam Speaker. Representative Hutchinson, I really thank you for bringing this bill. I think this bill does a great deal to solve a problem that our families face. I've heard from my constituents, but Doc Gaskell said something that I totally agree with,
and this is tracked with what my constituents told me. The parents, they understand this better of these children than anyone else. The parents understand it. And what you're doing is providing a way to help these parents take care of their children. I really appreciate what you've done here because I think with your amendment, You've taken into account some concerns, and this is what I think good legislating is all about. And I don't just say that because I offer a lot of amendments to my own bills, but I
appreciate your efforts and I truly support this bill. Thank you. Representative
Edwards has spoken for the bill. Is there anyone who would like to speak against the
bill? Seeing none, Representative Hutchinson, are you closed for
Representative Donna Hutchinson
Unverified
39:32
your bill? I once again want to thank the Educational Committee that voted for this, and let's vote
for health, for our children with diabetes, and for calmness of mind for their parents. Thank you. Representative Hutchinson is
closed for her bill. The question before the House is the passage of House Bill 1447. Prepare the machine,
Mr. Clerk. Has everyone voted? Has everyone voted? Cast
up the ballot, Mr. Clerk. By a vote of 91 yea, 1 nay, and 0 present, you have passed the bill.
Members, at this time I would like to introduce our Doctor of the Day, Dr. Daniel S. Davidson from Searcy, Arkansas. Read
Speaker 134
40:30
House Bill 1888, Mr. Clerk. House Bill 1888
Chair
Unverified
40:34
by Representative Slinkert to require notice and the recording of a deed for distributing to collect a small estate. Representative Slinkert, you are recognized
Representative Mary L. Slinkard
Unverified
40:44
to explain your bill. Thank you, Madam Speaker. Members, House Bill 1888 is a bill regarding the collection of small estates by distributees if the estate under the section contains real estate. Small estates are those where no petition for the appointment of a personal representative is pending or has been granted with a value of less than $100,000 or less.
Currently, the section does not require a notice to creditors of the decedent's death and the filing of the affidavit. It simply states that the distributee may cause that publication in order for claims to be filed against the estate. This bill would change the language in this section to require that the notice be published within 30 days of the filing of the affidavit. Again, this publication is giving public notice of the decedent's death
and the filing of that affidavit when the estate contains real estate to allow claims against the estate to be filed. The law provides the specifics that must be included in that notice. In the other section of the bill, it also changes the code section, little letter D, concerning the transfer of the real property to the distributee or distributees of the estate. It simply states that the distributee to whom the transfer or delivery of any real property
shall issue the deed to himself or herself, the same as if made by a personal representative of the decedent, rather than be authorized. And the distributees shall record that deed in the real estate records of the county where the real property is located. I would appreciate a good vote. Thank you. Members, you've heard an explanation of the bill. Is there
Representative Allen Kerr
Unverified
42:40
anyone who would like to speak against the bill? For the bill? If
not, Representative Slinkert, are you closed for your bill?
Question before the House is the passage of House
Bill 1888. Prepare the machine, Mr. Clerk. Has
everyone voted? Has everyone voted? Cast up the ballot,
Mr. Clerk. By a vote of 90 yea, 2 nay, and 1 present, you have passed the
bill. Mr. Clerk, read House Bill 1851.
Chair
Unverified
43:24
House Bill 1851 by Representative Williams regarding the award of meritous good time to Department of Correction inmates. Representative
Williams, you're recognized to explain your bill. Thank
Representative Darrin Williams
Unverified
43:38
you, Madam Chair. Members, this is a bill on behalf of the Department of Corrections, and it deals with the awarding of meritorious good time. This bill is agreed to between the Department of Corrections and the prosecutors. Presently, the Department of Corrections can award between 90 and 270 days of good time to inmates who complete one of three programs,
either a GED program, a vocational program, or some substance abuse program. this bill basically does three things. It expands the programs the Department can offer to include other programs such as faith-based programs, anger management, or parenting classes. It also expands the number of days the Board can award for successfully completing one of these programs. And finally, it allows the Board to determine how much time should be given to each program. The Department of Corrections thinks that this bill will go
a long way in helping offenders to re-enter society, and it's also a bill that will allow them to help manage their prison population, and they'd appreciate a good vote, and I'd be happy to take any questions. Seeing none, I'd appreciate a good
Chair
Unverified
44:48
vote. Thank you. Members heard an explanation of the bill. Anyone wishing to speak against the bill, for the bill, not the question for the
House, Passed to House Bill 1851. Prepare the machine, Mr. Clerk.
Everyone voted? Everyone voted. Cast up the ballot by a vote of 93, yay, 0, nay, 1, present. You have passed the bill. Mr. Clerk, read
Speaker 138
45:18
House Bill 2029. Representative Perry, what purpose? Request, Mr. Speaker. What's your request? I'd like
Chair
Unverified
45:27
and leave it on the calendar. All right. I heard your request without objection. We'll pass over 2029 and leave it on the calendar. Mr. Clerk, read House Bill 1774.
Speaker 24
45:43
House Bill 1774 by Representative Tyler to define public transportation related to
Chair
Unverified
45:49
city and county turn-back funds under Arkansas Highway Revenue
Distribution Law. Representative Tyler, you're recognized to explain
Representative Linda S. Tyler
Unverified
46:00
the bill. Thank you, Mr. Speaker. Members, House Bill 1774 provides local control for the turn-back funds. What it does is a couple of things. It takes out all of the turn-back fund restrictions so that your cities and counties can use the money on any surface transportation project they choose.
and it clarifies that local governments can contract for transportation with agencies that serve persons with disabilities and with seniors and this bill is supported by the Arkansas Municipal League, the Association of Arkansas Counties, the Arkansas Transit Association, and the Arkansas State Highway and Transportation Department. I would appreciate a good vote. Members heard an explanation of the bill. Anyone wishing
Chair
Unverified
46:47
to speak against the bill, for the bill, not the question for the House,
passage of House Bill 1774, prepare the machine, Mr. Clerk. Everyone voted? Everyone voted. Cast up the ballot by a vote of 95, yea, 0, nay, 0, present. You've passed the bill. Mr. Clerk, read House Bill 1779. House Bill
Speaker 24
47:17
1779 by Representative Webb, considering transportation funding that amends the state age streets law. Representative Webb,
Chair
Unverified
47:24
you are recognized to explain the bill.
Representative Kathy Webb
Unverified
47:26
Thank you, Mr. Speaker. This bill does change
the current state age streets law for cities and towns. in the early 70s we had two bills uh two laws on the books that created aid for counties and one that created aid for cities and towns the one for the counties was funded with a one pinning on the gas tax the one for the cities and towns was funded in the early 70s through federal revenue
sharing funds after about two years those funds went away so the so the aid for the cities and towns went away this bill has no new tax it has no new fees the funding is linked to representative barnett's constitutional amendment should representative barnett's constitutional amendment pass what this bill does it updates the current measure and it links and this provides the
enabling mechanism to transfer one penny of the current tax on gas which should produce about 20 million dollars annually this would bring the aid to the cities and towns into an equity position with county roads the program will be coordinated by the state agent state aid engineer who will first approve a qualifying project then the project will go to a nine member council of mayors three appointed by the governor three appointed by the speaker three appointed
by the president pro tem of the Senate on that council one appointee from each of those three people will be from a city over 25,000 there will be no state money used for their expenses and the mayors will prioritize based on the need for cities above 25,000 there will be a 10% matching fee required for For cities and towns under $25,000, there will be no match. So this truly fills a void and it will enable some of these small towns to do projects that
they never would have been able to do before. Those were compromises, the match and the appointment of several people in cities over $25,000. The funds are not for maintenance, they're for construction, reconstruction, or improvement of cities, streets, or bridges in cities and towns. So to summarize, it's not a new tax. It's linked to House Joint Resolution 1001. It's something for all size cities and towns. It's supported by the Municipal League, the Association
of Counties, the Highway Department. It's part of the Speaker's Package, endorsed by the Blue Ribbon Highway Panel, and it passed unanimously from Transportation Committee. I would appreciate a good vote.
Chair
Unverified
50:23
representative bell what purpose question recognized representative web you
and i just discussed this but for clarification for some of the other members um on page 8 lines 26 and 27 there currently is a limit of where any one municipality can only receive 10 of the total
funds and you explained that to me but would you just make an explanation for benefit of other members
Representative Kathy Webb
Unverified
50:46
i'd appreciate that thank you representative bell and as i mentioned during the presentation there are oftentimes projects that small towns are not able to tackle because they don't have the funding and they would it would not even possible be possible for them to come up with the match so we didn't put that back in there in an effort to
help those small towns do projects that really have needed to be done for many years thank you
you recognize and the counterbalance for that that is in place is the panel of mayors as i understand that would you elaborate on that just a
Representative Kathy Webb
Unverified
51:27
bit for me that's right uh nine mayors one from each of the appointing groups would be from a city over 25 000 thank you members
Chair
Unverified
51:37
heard an explanation of the bill anyone wishing to speak against the bill
For the bill, not to question for the House, passage of House Bill 1779. Prepare the machine, Mr.
Clerk. Members are voting on the bill and the emergency clause. Has everyone voted? Has everyone voted?
Cast up the ballot by a vote of 94. Yay, 1. Nay, 0. Present. You have passed the bill and the emergency clause. Mr. Clerk, read House Bill 1908.
Speaker 15
52:11
House Bill 1908 by Representative Allen to authorize the creation and issuance of a Prostate Cancer Awareness
Chair
Unverified
52:21
Special License plate. Representative Allen, you are
Representative Fred Allen
Unverified
52:27
recognized to explain the bill. Thank you, Mr. Speaker and members. This is the OXOT Prostate
Cancer Foundation bill. Back in 2007, for those of you who may or may not know, I was diagnosed with cancer. And just a few months ago, I had a reoccurrence, and less than seven months ago, I just completed
my treatment, and now I'm waiting to be tested to see if I'm cancer free. Now one of the things that the Arkansas Prostate Cancer Foundation wanted to do, they came to me last year with the idea of running this field, and I turned them down, and just recently, They came back and they wanted me to run the bill, so I agreed to do this for the Arkansas Prostate Cancer Foundation. For those of you who don't know or may not know, in the state of Arkansas, we have more
men that die from prostate cancer than women that die from breast cancer. And prostate cancer is the second largest cause of death among men. And this is not going to cost the state of Arkansas any money. And I see quite a few people with mics in their hand. So that's an indication, Mr. Speaker, that I might have a few questions coming. Representative Harris,
Chair
Unverified
53:47
what purpose? Question. Recognize. First of all, I appreciate the bill.
Representative Justin T. Harris
Unverified
53:53
I lost my grandfather to prostate cancer a year and a half ago, but I'm a little concerned and maybe you can clarify for me. On the Right to Life, you know, we have pictures of children. And on the Game of Fish, we have
Speaker 176
54:09
ducks. What kind of symbol or picture will we use on this license plate? Well,
Representative Fred Allen
Unverified
54:21
that actually sounds like a Darren Williams question.
Now I might be wrong, but they're still working on the design. Thank
Chair
Unverified
54:33
you. Members, you've heard an explanation of the bill, and then some. Anyone
wishing to speak against the bill, for the bill, not the question for the House, passage of House Bill 1908. Prepare the machine, Mr. Clerk. Everyone voted?
Everyone voted? cast up the ballot by a vote of
96 yeas, 0 nye, 1 present year. Pass the bill. Mr. Clerk, read House Bill 1843.
House Bill 1843 by Representative Wilkins, an act to establish the Alzheimer's Advisory Council. Representative Wilkins,
you are recognized to explain the bill. Thank
Representative Butch Wilkins
Unverified
55:21
you, Mr. Speaker. This is a great bill. however this bill has nothing to do with prostate cancer
the Alzheimer's Advisory Council is a continuance of the Alzheimer's task force that we had the last two years we made a great deal of I had a great deal of success it is for us to go forward with the issue is a disease that is is going to going to be a big problem for us in the future what the ask for so what the advisory council is charged with is is having a a clear-cut
road map of what we need to do because I assure you it is gonna be a a a playing that we're gonna be bailing with very very soon very serious in fact we are now what are big things is we need to get it get everybody educated because in the rural areas of Arkansas there is not a lot of knowledge what to do if you're if you have the disease or to recognize the disease and that's one of our big charges it is a good bill I'll take a few questions
they want like to ask after the question thank
Chair
Unverified
56:41
you members heard an explanation of the bill
anyone wishing to speak against the bill before the bill. If not, the question before the House passes the House Bill 1843. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 89 yea, 0 nay. To the
President, you have passed the bill. Mr. Clerk, read House Bill 1905.
Bill 1905 by Representative Woods, an act to establish the Office of Health Information Technology.
Representative Woods, you're recognized to explain the
Representative Jon Woods
Unverified
57:24
bill. Thank you, Mr. Speaker. Thank you, colleagues. I wanted to go into a little bit of detail on the bill. This is something that's pretty important to me, and I was privileged to be the chair
of the Technology Committee last session, and we have a group of doctors in my district and investors that are really passionate about electronic health records. So I let it be known to the governor that should there be legislation pertaining to electronic health records this session, I was extremely interested. And so I did want to say that this is part of the governor's package and that I am honored to be carrying it on the floor today. And this bill does do a couple of things that I'll hit on real quick.
It will establish the Office of Information Technology. The bill will also create the State Health Alliance for Records Exchange, an exchange in which different individuals or providers or clinics or hospitals in the state can exchange health information electronically with each other. The exchange will also have a council. This bill will set up a council consisting of 20 individuals with a background in the health industry.
And there will also be a fund that will be established in this bill just for future appropriations or future monies that will be obtained through different avenues. So I think that this is a long time coming. There have been a lot of groups of people that have been pushing for electronic health records in the state of Arkansas since the 80s. I'm really excited and glad to see that finally as a state that we're moving forward in this direction, and I think this is a very good thing. And with that, I'll take questions.
Speaker 26
59:12
Representative Collin-Smith, what purpose? Could you
Representative Linda Collins-Smith
Unverified
59:14
just explain some of the protections in the bill? Hello? Question. Thank you. You're right. Thank you. Sorry, Mr. Speaker. Could you explain some of the protections that are in
that bill? I know I have used this process on my
Representative Jon Woods
Unverified
59:29
records, but could you explain that process? Well, I think that the protection of individuals' information is a top, top priority. And so when you create, right now, but already is under an executive order, the Office of
Information Technology, Health Information Technology, HIT, is already, right now, established under an executive order. It's part of ASTA. This bill will break it off. It'll be its own standalone agency. And that's what their role is, is to make sure that individuals are complying with tight security firewalls or encryptions and things of that nature. And also, the input from the council will be extremely important as well to give advice to the exchange as well as what measures should be taken for the safeguards.
And plus, in order, when a provider uses electronic software for the exchange, that software has already gone through hundreds and hundreds of tests to be qualified, to even be sold as a unit to be used in the health record exchange. So the products that they'll be using or the software has already been through the ringer, through that and has to prove how secure it is before that doctor could even go out and bring that equipment in.
So the state will have a role in the firewall, and then the software itself in its own
Chair
Unverified
1:01:01
development will have that. Representative Viviano, what
Representative Mark Biviano
Unverified
1:01:04
purpose? Question. Recognize. Representative Woods, in order to address the security issues, isn't it true this legislation requires any products that develop a solution, that they be HIPAA compliant? That is correct. Thank you. Thank you, Mr. Speaker. Thank you,
Representative Jon Woods
Unverified
1:01:20
colleagues. I would really appreciate your vote on this. Thank you.
Chair
Unverified
1:01:24
Members, heard an explanation of the bill. Anyone wishing to speak against the bill? For the bill? Representative Viviano, you're recognized. Come and speak for the
Representative Mark Biviano
Unverified
1:01:43
bill. Thank you, Mr. Speaker. Members, I was honored to be asked by Representative Woods to be involved in this process a little bit. I can tell you there's many times we're often kidded here in the state of Arkansas about some of the things that we rank low or last in the list.
And unfortunately, information technology for health care at a state level is on that list. And we have an opportunity to change that. This legislation will allow us to invest in our infrastructure for health care. And make no mistakes about it, as we move closer to perhaps a socialistic health care society, the need for health care information technology is going to become more and more important.
Things that can occur, like medication deaths, which are done with a tremendous amount of errors every day, can be avoided with good information technology. It also, by establishing this office, allows us to attract private capital and investment from the private sector. Allowing us to do this will bring more technology, more investment from some of the major players in our industry. It's extremely important that we get started on this initiative now.
We're many, many years behind many other states in this process. Let's take this opportunity to establish this committee or this group and pass this bill. representative english what purpose a question recognized is this
um technology this health records thing is this going to be only in this state is this
part of a national thing where if
you live in california and you were going to the doctor here your records could be is
Representative Mark Biviano
Unverified
1:03:50
this part of national thing well electronic health records has been around since you know early 70s I mean this is not a new concept at all the fact that we haven't adopted it at a state level we're really behind the times I mean we have it in individual providers systems but we don't have a statewide level what will
Will the requirement be on doctors and hospitals and things like that to be a participant? Will they have to be a participant or is it voluntary? Well,
Representative Mark Biviano
Unverified
1:04:23
this bill just establishes the office. All those questions have to be answered through the process of establishing the office. This is why we need this office, to answer those questions and start working through the process. Thank you. Thank
Chair
Unverified
1:04:42
you. I appreciate it. Members, Representative Viviano has spoken for the bill.
Anyone wish to speak against the bill? For
the bill. Representative Woods, you close for your bill.
Representative Woods, close for his bill. The question for the House, passage of House Bill 1905. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 80 yea, 7 nay, to present, you have passed the bill.
Representative Wood, move to Clencher, all in favor say aye. Aye. Opposed, no. Ayes have it. Clencher adopted. Mr. Clerk,
read House Bill 1839. House Bill 1839 by
Representative Nichols, an act to authorize interagency agreements to address the problem of misclassifying employees as independent contractors and to indirectly amend the initiated Act 4 of 1948. Representative Nichols, you're recognized
to explain the bill. Thank you, Mr. Speaker.
Representative Jim Nickels
Unverified
1:05:52
The purpose of this bill is to address the problems in a small way, I think, dealing with the Unemployment Insurance Trust Fund in particular. There are a number of folks out there working who are misclassified as independent contractors, and we should be collecting the unemployment tax. That is part of the reason that our fund is in such a deficit. So I had filed some other bills that were a little bit more controversial dealing with misclassification
in talking with the Arkansas Department of Labor, the Department of Workforce Services, and the Department of Workers' Compensation, because that's where a lot of the issues come up. up in state law dealing with whether somebody is an independent contractor. But they each have a different definition of independent contractor. So if you're violating one agency's definition of independent contractor, you're probably violating another one. There is some similarity, but they're different. So what I want to try to do is get these agencies
sharing some information on who they consider an independent contractor or an employer and make sure that the other agency is aware of that, and then report back to us twice a year. And I think that will kind of force the issue and keep it on the forefront where we can stop the growth of this deficit in our unemployment insurance trust fund. I'll be happy
Chair
Unverified
1:07:24
to take any questions. Representative Meeks, what purpose?
Representative Stephen Meeks
Unverified
1:07:27
Question, Mr. Speaker. Recognized. Representative Nichols, does this in any way impact the private sector or
Representative Jim Nickels
Unverified
1:07:35
are we looking strictly at state agencies? This is requiring state agencies to get together, but they will be sharing information about private sector employers.
Chair
Unverified
1:07:49
Thank you. Representative Tyler, what purpose? Question. Recognized. Representative Nichols,
Representative Linda S. Tyler
Unverified
1:07:52
is it true that this is the first bill you've had that's been non-controversial?
Representative Jim Nickels
Unverified
1:07:57
I hope so. I hope it continues on that route. Thank you. I appreciate a good vote. Members, you heard an
Chair
Unverified
1:08:07
explanation of the bill. Anyone wishing to speak
against the bill, for the bill, if not the question for the House, passage of House Bill 1839. Prepare the machine, Mr.
Clerk. Everyone voting? Has everyone voted cast up the ballot by a vote of 68, yea, 20, nay, 0, present?
You have passed the bill. Mr. Clerk, read House Bill 1943. House Bill 1943 by
Representative Dale, an act to provide the Arkansas Natural Resources Commission with authority to act as or appoint a receiver for public water or sewer systems that fail to comply
Speaker 24
1:08:53
with public health laws or adequately operate their systems. Representative Dale, you are recognized
Chair
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1:08:59
to explain the bill. Thank you, Mr. Speaker.
Representative Robert E. Dale
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1:09:08
House Bill 1943, which is an act to provide the Arkansas Natural Resources Commission with authority to petition a court to appoint a receiver for a public water or sewer system. This bill is designed to protect the public health in that it provides a tool for proper and safe management of water and sewer systems. In most cases, these systems are both in financial distress and in violation of health regulations and ADEQ permits.
When we issue loans for bond money, we already have the authority to do this, or the ANRC commission does, but this will give them additional authority on other systems. This is a last resort and would only be used after all other options have been exhausted. It's not an automatic authority. A NRC must petition the court and receive approval before the court will appoint a receiver. And once issues are resolved, management of the system can be returned to the local water system.
If the issues can't be resolved, this bill provides a mechanism to merge poorly performing water and sewer systems with other institutions. A receiver appointed to a water system will execute a bond in an amount determined by the court to faithfully discharge duties and obey the court. This bill is endorsed by ADEQ, Arkansas Natural Resources Commission, Arkansas Health Department, and the Arkansas Rural Water Association.
Chair
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1:10:52
Any questions? Representative Stewart, what purpose? Question, please. Recognize.
Representative Randy Stewart
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1:11:02
Yes. If we don't pass the budget for this commission, would this bill be necessary? if we don't
Representative Robert E. Dale
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1:11:11
pass the budget a lot I hope we pass the budget represent their stir I'm gonna be very optimistic thank you members
Speaker 26
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for an explanation bill anyone wishing to speak against the bill
Chair
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1:11:26
for the bill not question for the house passing house bill 1943 Prepare the machine,
Mr. Clark. Everyone voted. Everyone voted. Cast up the ballot by
a vote of 92 yeas, 0 nays, 0 present. You pass the bill. Mr. Clark, read House Bill
2167. House Bill 2167, representive Allen,
and act to amend the membership of the Arkansas HIV-AIDS
Minority Task Force. Representative Allen, you're recognized
Representative Fred Allen
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1:12:08
to explain the bill. Thank you, Mr. Speaker and
members. This is the HIV Task Force bill. When the act was enacted in 2007, they required the task force to have 19 members, and they had a lot of rigid requirements to serve on the commission. As a result of that, it was very difficult for them to get a quorum.
So one of the things they want to do now is reduce it from 19 to 13, and 7 will be a quorum. Appreciate a
Chair
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1:12:41
good vote. Members, heard an explanation of the bill. Anyone wishing to speak against the bill, for the bill, not the question
for the House, is passing House Bill 2167, prepared machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 90 yeas, 0 nays, 0 present.
You have passed the bill. Before we move to Senate bills, I want to recognize a special guest you have in the West Gallery, the Mayor of Magnolia, Mayor
Parnell Vann. Mayor Vann, you still with us up there? There you go. Glad to have you
with us, Mr. Mayor. Mr. Clark, read Senate Bill 559.
Senate Bill 559 by Senator Laverty to provide for the transferability of criminal records, checks, and determination letters among various operational sections of
a single service provider. Representative Perry,
you're recognized to explain the bill. Thank you, Mr. Speaker. On behalf of the Honorable Laverty, I'm presenting you Senate Bill 559. This is a criminal records check. What it does is streamlines the criminal record check process for providers, for providers
who do childcare services, so that criminal records are transferable between various service segments. This actually saves people money. grandfathers and employees who were qualified to work on August 31, 2009. I'd appreciate a good vote. Representative Steele,
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what purpose? Question. Recognized. Would this do anything to jeopardize the privacy of those criminal records? No jeopardizing at all.
Chair
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1:14:38
Thank you. Members, I heard an explanation of the bill. Anyone wishing
to speak against the bill, for the bill? Not the question for of the House. Passive Senate Bill 559. Prepare the machine. Mr. Clerk. Everyone voted? Has everyone voted? Cast up the ballot by a vote of 90 yeas, 0 nay, 0 present. You have passed the bill. Mr. Clerk reads Senate Bill 750.
Senate Bill 750 by Senator Luecker to improve public safety and slow corrections
growth. Representative Williams, you are recognized. Come explain the bill. Thank
Representative Darrin Williams
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1:15:36
you, Mr. Speaker. Members, Senate Bill 750 is the Public Safety Improvement Act, or the prison reform bill
that you have heard so much about. First, before I get started, I want to thank Speaker Moore for his leadership on this bill, and I want to thank him for entrusting the past of this bill to me. Speaker Moore, you've made it clear that this is a priority for the state, as well as for you, and I believe that your leadership has set the tone for having 71 folks in this Chamber to be co-sponsored for this bill, and I appreciate your leadership and your effort in this area. I'd also like to thank all the members of the working
group on prison, on corrections, on sentencing and corrections, but especially I'd like to thank our own colleagues, Representative Kathy Webb, who served as co-chair of this important commission, former Representative David Rainey, and last but not least, my seatmate, Linda Tyler. These folks spent well over a year putting together this important bill and I think they deserve our thanks for this legislation. This 167 page bill today is a product of
countless hours of work and this legislation has been put together in a way that I believe legislation should be put together. It's a model for how you develop public policy. This This was a bipartisan, inter-branch effort that included all stakeholders at the table. We utilized a deliberate process and data-driven process, and we forged a consensus around several policy recommendations that we present to you today that we believe
will improve public safety, hold offenders accountable, and contain correction costs.
I want to make it clear that the working group's primary goal has been and will always be the improvement of public safety. For decades, Arkansans and even Americans have been tough on crime. Even this legislature, even myself, I've passed legislation to enhance penalties. The theory behind these get-tough-on-crime policies is a simple one. penalties are harsher, they're more likely to deter criminals. While this seems logical,
there are several flaws in this reasoning. One, most criminals are never caught on their first offense. Another one is most people, especially criminals, never think they're going to get caught. Since being arrested for a crime isn't certain, there's a chance that the criminal can avoid and a chance that the criminal can avoid punishment no matter how harsh the penalties are, some people avoid them. As such, these get-tough-on-crime policies haven't really reduced crime, but they have lengthened the sentences to those who offend
and are caught. I will submit to you that yes, we have thrown the book at criminals, but unfortunately, it's been the state's checkbook. Fortunately, with this legislation, decided a better way to invest our corrections dollars. As policymakers, we must think very seriously about programs where we continue to invest more and more money and yet get the same or worse results. Albert Einstein said the definition of insanity is when you
keep doing the same thing over and over again and expect to get something different. I submit to you that we cannot solve our prison problems with the same thinking that we used to create these problems. So for those who say we must be tough on crime, I agree. But in addition to being tough on crime, we must also be smart on crime. I believe the 13 recommendations presented to you in Senate Bill 750 are both tough on crime and smart on crime. I won't bore you with many of the details. You know the problems. You know our prison population
is exploding. You know our budgets are exploding. Twenty years ago, we spent $45 million in corrections costs. Now we're spending $350 million. We have over 16,000 inmates in our corrections system. That's a 3.1% growth in 2009 alone. Those who project our prison populations and have done so for the last decade suggest that if we do nothing, our prison population will grow some 6,500 inmates over the next 10 years. If this happens, we You will need $1.1 billion in new correction spending.
The working group looked at the reasons why our prison population has grown, and we found three main causes for this growth. First, as a state, we underutilized probation. Our probation utilization rate is 23% that of the national average. Second, we hold offenders longer, particularly non-violent offenders, so we're sentencing more people to jail, and we're holding them there longer than most of our surrounding states. Finally, we delay transfer to parole parole-eligible non-violent offenders. This
delay cost us on average 1,200 beds. I want to remind you that one year stay in the Department of Corrections cost on average $22,000 per year. So what are the solutions? I believe the 13 policy recommendations that we have outlined in this bill will do several things. They will protect public safety by strengthening community supervision. They will hold offenders accountable by the implementation of evidence-based practices which have been proven to reduce recidivism. They will improve efficiency in our corrections agencies through enhanced
data collection and evaluation and performance measurements. They will also allow us to invest community-based programs of substance abuse and mental health counseling. Finally, these recommendations will contain prison costs, saving our prison beds for career violent offenders and sentencing those non-violent offenders more effectively. With these reasonable and modest reforms, we will improve public safety and we will
save approximately $875 million in taxpayers' money. I want to be clear. If we pass this bill, we will spend more tomorrow on prisons than we spend today. We will also have more people in prison than we have today. However, if we do nothing, we will spend about $1.1 billion. With these policy recommendations, we can avert some $875 million in corrections spending. Now I want to
Representative Darrin Williams
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1:22:16
bill doesn't do because there's been a lot of misinformation. This bill does not apply retroactively. This bill does not decriminalize the possession, sale, or manufacturing of any controlled substance, including marijuana. This bill does not limit the ability of prosecutors or judges to use their discretion to send someone to prison. And finally, this bill does not change the available sentence range or time-served requirement for any violent
offender. Some ask how can we be sure that Senate Bill 75 will work. Well, I wish I can guarantee you that every policy that we vote on will work. Unfortunately, I can't do that and you can't either. However, I can point you to several states who adopted similar policies and how they're working. First, I would suggest that you look at Kansas, who faced a problem similar to ours. Kansas had escalating growth in the prison population, rapid growth in the corrections budget, and a low return on the corrections dollar. This
sounds much like Arkansas. Kansas invested in both performance-based funding programs as well as earned discharge programs. Two of the recommendations are outlined in our bill. Since the implementation of Kansas' programs, they have decreased their crime rate, decreased recidivism, and they are reducing the projected cost they're going to spend in corrections. By way of illustration, I also point you to Texas. Texas is the epitome of a law and order state. Their experience demonstrates that we can be both tough and
smart on crime. In the 1990s, Texas decided they were going to lock them up. They built tens of thousands of prison beds. By 2007, Texas faced a $2 billion need for more prison beds. They just couldn't build enough prison beds. However, instead of building more prisons, Texas decided to make a historic investment of $240 million in alternative sentencing and in treatment programs. Additionally, much like we're doing here, Texas decreased the
amount of time people spend on probation, and they increase the parole grant rate. With these investments, Texas has actually reduced their prison population and saved over $500 million in the first two years alone. At the same time, Texas' crime rate actually declined and continues to do so. Its parole revocations are down 25%, and their probation revocations are down 4%. I can't guarantee you will have the success of Texas or Kansas.
I can point to them as models of what we can look forward to and what we can expect because they're implementing some of the same programs that we're doing in Senate Bill 750. You ask what it will cost, and this is widely known. We anticipate this will cost about $9.4 million. About $3 million of those $9.4 million will come from new revenue by charging probationers an additional $10 in probation fees. we charge our probationers $25 per month. We're going to raise that to $35 per month.
Each state that touches us charges at least $35 per month. This will net about $3 million. Secondly, there's about a half million dollars in one-time money in this bill. And then the remaining almost $6 million is already accounted for in the governor's balanced budget. And in closing, I want you to know who supports this bill. All 28 elected prosecutors have endorsed this bill. The police chiefs have endorsed this bill. The sheriff's association have endorsed this bill.
The public defenders have endorsed this bill. Even our business community through our state chamber of commerce have endorsed this bill. I think that's important because business community knows that every tax dollar that we do not spend on corrections, that's a tax dollar available for economic development, for education, and even for tax breaks. I want to thank all 71 members who have agreed to co-sponsor this bill, and for those who have agreed to vote for it, though you did not co-sponsor it. We are doing the right thing at the right time.
By passing this bill, we will fulfill what Speaker Moore said he wanted us to do. That's to pass legislation that generations from now people will look back and say, say at this General Assembly, it's the right thing. So I ask you for a good vote, and I'll be happy to try to answer your questions. Seeing no questions, Mr. Speaker, I'm delighted, and I
Speaker 138
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ask for a good vote. Thank you. Good job.
Chair
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1:27:02
Members have heard an explanation of the bill. Anyone wishing to speak against the bill, for the bill, Representative Summers, you
Representative Tim Summers
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1:27:08
are recognized to come and speak for the bill. Thank you, Mr. Speaker, and thanks to all the comments of encouragement as I came down the aisle. I spent 14 years on the Benton County Quorum Court. In 1995, we built a new county jail that had room for 506 inmates.
We anticipated that would last us 25 years plus. In 10 years, it was full. Since that time, we've built a new low-security barracks that holds 120 people. I've related to in the past my job as director of a nonprofit drug and alcohol rehab. we see that about two-thirds to 80% of the people incarcerated are there because of drug and alcohol problems. There's no doubt that once particularly these younger people become part of the jail culture,
they're very, very difficult to turn around. We can't continue, as Representative Williams said, we can't continue to build and staff bigger jails and prisons. I know, obviously, everyone supports this, but our goal here should be and can be to turn folks that are in a prison and jail from tax users to taxpayers. Thank you. Representative Summers has
Chair
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1:28:44
spoken for the bill. Anyone wish to speak against the bill? For the bill, Representative Colin Smith.
Speaker 227
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okay i'm sorry you're recognized come and speak against the
Representative Linda Collins-Smith
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1:29:08
bill recognized thank you mr speaker improve public safety and slower
corrections growth i appreciate all the work that's been done on the task force and with the the folks across the state for a new corrections bill.
When the leak to the media about proposed bill SB 750 Act, and that was released to the media, then a deal was made with prosecutors. The task force came together and the judicial committee to make changes to that bill, and there were many improvements made. To me, that is a horrible bill when it came out. The changes that were made to that bill, and I'm one of those that actually went to some of the meetings.
I don't know how many legislators did, but I did. And I had questions publicly about the bill to these folks in committee meetings. With some of those changes that were made, where's the new release to the media? Have they seen those changes? Do people know that this bill will lower classes on felonies so that criminals may not be able to be arrested? Do they know that it may take more dope in their possession to get arrested?
Criminals that get a slap on the hand, well to them it's a slap on the hand, because when you give multiple warnings and they're still out there doing drugs or selling and you're committing or thieving, they don't worry about it until they get caught that last time where there's a true punishment. I'm unsure, Representative Williams, did Texas lower the class on felalties? Did Texas change the amount of dope that has to be in their presence
before they're arrested? Our communities need to know about these changes. This is huge. It's sweeping across our state, and the public has a right to know how it will change their community. One of the things, you know, Representative Williams said is it's not retroactive and they're not going to be releasing criminals back to the community. And I'm one that thinks that's a good idea. But when new criminals are arrested, will they have the fear of penitentiary, going to the penitentiary, will they have that fear of a punishment,
a true punishment when they time and time again have offended? Good law enforcement officers that want to hold criminals accountable by protecting those law-abiding citizens feel the community will be less safe because of the lesser offense of crime. As a committee task force member, I asked the question in that meeting,
who on this committee really believes that a drug addict or dealer or a thief is going to quit using, dealing, or thieving just because they wear an ankle bracelet? The answer. I said, who really believes it? The answer, no, it probably won't do a thing. You're not going to know who's coming or going with that ankle bracelet. They could sit in their house and deal all day long when a visitor comes to their home. When we talk about the drug situation for nonviolent criminals,
why don't we, I'd like to ask the task force, have you considered taking a state facility that's empty that we own, using that facility for a statewide drug court and putting those nonviolent offenders there so that they can learn a new education or trade and they can, with a drug court, spend about two years trying to get off of that drug so they're not addicts anymore because those drug
courts are really working across our state.
Things that were brought out in the bill that are of such
a magnitude of change, I think the public, when I go home, they're going to want to know what happened in that bill when they find out that they're not going to quite have the same protection that they had before. When I hear about associations that support this bill, when the deal was made with prosecutors and they called our sheriffs across the state and said, we dealt, we want you to support this bill,
there were officers that have told me We supported the prosecutors, but we fear this bill. They did not vote, not the Sheriff's Association, but for instance, judges, county judges, did not vote independently. The executive board did, and some counties do not support this bill. Circuit judges did not vote independently. An association apparently did because judges have told me they do not support this bill.
It is a better bill, but it by no means to me is a good bill for the citizens across the state of Arkansas. I believe that it's misleading to the public. Criminals will go home to their communities, and you've said they're not going to be released, that once they are home and they're not off drugs and their addiction is not cleared up and we're going to be sending grant money to communities to not send people to the penitentiary,
that appearance, I said appearance, of a buyout, of sending grant money to that community, of not putting people in the pen, concerns me. It should concern you. if prisons are overcrowded and we're not sending people to the penitentiary there will be more people in your county jails that are already overburdened that's my sheriff's concern
that when there's a lawsuit and someone gets hurt in that overcrowded jail that it'll be astronomical it will not be 200,000 you're going to have to think much higher than that What happens when that criminal is in your local jail and our counties have to pay for their medical expenses? If it's a serious medical expense, you will have them in your community to deal with.
And that's your budget in your community. This bill has been pushed too fast, too hard, with satisfying the public with information. I disagree. And Mr. Williams and I, Representative Williams and I, have discussed this. To me, this is not a public safety act. This is not an act. It's an act that fools the public with ankle bracelets and lower offenses. Puts burden on the back of counties all over the state of Arkansas.
Privately, you will have judges, cities, and counties who do not like this bill, that their associations have promoted and we're not allowed to vote. I
ask you today to not vote for this bill. I'm Representative Linda Collins-Smith.
Chair
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1:36:52
Thank you. Representative Collins-Smith has spoken against the bill. Representative Collins, you are recognized to come and speak for the bill.
Representative Charlie Collins
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1:37:05
Thank you, Mr. Speaker. I'd like to talk specifically to my very conservative friends, because,
first of all, I really appreciate the governor's leadership on a major issue like prison reform, and the reason that I'm so appreciative of his leadership and the leadership of so many others, including some of the individuals, some of those representatives in this room, Representative Sanders, Representative Steele, and others who worked very closely with the prosecutors to improve this bill
as much as it's been improved. And while I know there's no such thing as a perfect answer, this bill comes a long way because it solves or works towards solving multiple objectives. Those key objectives are achieving public safety, continuing to punish violent criminals, And importantly, bending down the cost curve. As a strong fiscal conservative, we have to make bold decisions if we are in fact going
to manage the budget out into the out years. And this bill, in my view, makes progress against all those objectives. I'd encourage you all to vote for it. I think we have a great opportunity to join hands together as a legislature in favor of this bill. Thank
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you. President Collins has spoken for the bill. Anyone wish to speak against
Chair
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1:38:34
the bill? Representative Sanders, you're recognized to come and speak. You're speaking for the bill?
Representative David J. Sanders
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1:38:41
I'm having a Carter-esque kind of moment up here. Davey's not with us today. He's in Florida. I'm sorry. Are you speaking for the bill? I'll speak against the bill. Speaking against the bill. You're recognized to speak against the bill. Let me be clear. I don't know how I'm going
to vote on the bill. I've anguished over this bill. My name was certainly spoken here, and I'm certainly grateful to the committee, those who worked on it, Representative Williams, Representative Webb, Speaker Moore, the governor, the prosecutors.
Representative Collin Smith had a point. When the bill was released a few weeks ago, it was not a good bill. But I think you also have to give credit to Representative Williams, Mr. Speaker, and particularly the governor, that when they were made aware of the problems that existed in the bill, they acted swiftly and quickly to correct the problems with the bill. And I will tell you, Mr. Speaker, I would be down here speaking absolutely for the bill and parading around the Capitol with a flag, with the exception.
I think we do have another problem. And it's not so much this bill. We have a prison overcrowding problem. We have a sentencing issue. But one thing I would point out, and the thing that I think about a lot at night, is the fact that we do, in fact, have a parole problem. The fact is it doesn't work in Arkansas. We have a parole system that allows some very bad people back out on the streets. This legislation calls for swift and certain sanctions.
And this is something that my friend Mr. Williams and I have talked about a long time. I was down there last week when they opened the Judiciary Committee up and allowed others to come ask questions. And while I think this bill speaks very straightforwardly about applying SWIFT and certain sanctions to those who violate their parole, I'm not sure our parole system is ready for it. Now, Mr. Williams told the Judiciary Committee yesterday that DCC is about to undergo an extreme makeover.
And I hope he's right. The fact is, the problem with our parole system was not created by anyone in this chamber. Wasn't created by the governor. Wasn't created by any of the prison officials. I'll tell you exactly where the bad seeds were sown on this. It's a Republican talking. The previous administration. The previous administration is the one that put out a parole system that was permissive. So those bad seeds were planted. They were nurtured. And here we are. We have to deal with the consequences.
So it's a Republican administration. I put a lot of fault in our parole system. And some of those who I've encountered in the chamber, some of you follow me on Twitter, and I have a routine practice. When someone's arrested for a violent crime in the state of Arkansas, I'll make a couple phone calls to friends of mine who are in law enforcement or people within the Department of Correction or Community Correction, and I'll ask them, was this person on parole?
Does this person have an ADC number? Oftentimes it's not reported in the paper. Other states do it. We don't do it so much. And I will tell you, I have pages upon pages upon pages upon pages of people who are in our parole system, violent offenders who are committing felonies. This weekend, we had two guys who were arrested in Faulkner County for dealing drugs. They were dealing crack cocaine, marijuana, cocaine.
They were on parole. Three weeks ago, we had a gentleman who was arrested for double homicide, an attempted murder at UAMS. He was a product of the drug courts. I was looking through my list this morning. I have a couple friends that are in law enforcement, and this is something we've been doing for a long time, just watching it. I'll read a
couple of you and be brief as I can. There's one, Cedric Burns, West Memphis.
There was a warrant issued for his arrest. He killed an elementary school teacher. She died of blunt force trauma. He was on parole. A couple other guys down here, I won't name them, but I'll tell you what they did. These two fellas, one had been arrested 18 other times. He shot in the head a woman, a mother of 13, who was preparing dinner for her kids. There's another one. There are a lot of them here.
There's a guy who was a sex offender. I'll read it to you. He says, Logan had spent much of his adult life in prison. He was arrested by Little Rock police for raping a 24-year-old woman at Knock Point on December 28, 1995. He was sentenced to 20 years in prison. It was released in 1997 and released by the parole board in September 26, 2002 with credit for good behavior. This guy was arrested because he was luring children into a tent at a campground with candy.
Now, I'm not going to tell you to vote against this bill. I'm not speaking against this bill. What I am going to tell you is this. The job is not finished. Don't think that you're going to vote. If you're voting for this bill, don't think that you can vote for this bill today and that we have accomplished some great work for prison reform and that criminal justice is all better because the work is just starting. This bill requires us to rely more heavily on parole. Members, we are going to have to strengthen parole.
Last week, we were down in the committee and Mr. David Everhart, who I will tell you is a far cry better of a leader of DCC than what was previously there. He was talking about what was required in this bill and the fact that parole would be more heavily relied upon. They're in the process of putting together new sanctions for parole for technical violators. Members, I will tell you that we have a responsibility as lawmakers
because this is going to pass today and you may be able to pat yourselves on the back and say this was a true bipartisan effort. I think it's needed. And I'll close with this. The work does not end. The work doesn't end. And if you're voting for this today, I would say, listen, we have a responsibility to provide oversight. The governor is going to hold DCC accountable, I believe. so i would i would just ask that if you vote for this bill today that you do so with the
mind of the future and the fact that we're going to try to hold dcc accountable for parole
Chair
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1:46:03
thank you representative rogers what purpose motion which motion move for immediate consideration proper motion not debatable all in favor say aye aye those no eyes
Speaker 227
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have it uh proud machine mr clerk question for
Chair
Unverified
1:46:24
the House passage Senate bill 750 everyone voted everyone
voted cast up the ballot by a vote of 79 yay 14 nay for present you have passed the bill. Mr. Clerk, read Senate Bill 317. Representative Williams moves for the clincher on Senate Bill 750. All in favor say aye. Opposed, no. Ayes have it. Clincher adopted. Representative Nichols moves for the clincher on House Bill 1839. All in favor say aye.
Opposed? No. Ayes have it. Clinch are adopted. Now Mr. Clerk reads Senate Bill 317. Senate Bill 317 by Senator Whitaker,
Speaker 24
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Jesse's law to ensure the safety of boat docks and marinas by establishing minimum electrical standards and
Chair
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1:47:23
signage requirements. Representative Dickerson, you are recognized to explain the bill. Thank
Representative Mary P. "Prissy" Hickerson
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1:47:29
you. Thank you, Mr. Speaker. Members, I am pleased to introduce Senate Bill 317, titled Jesse's Law.
Jesse was an active, typical 14-year-old boy with his entire life ahead of him. On June 24, 2006, he was swimming with a friend at Lake Ouachita when he reached for the metal dock ladder, and powerful jolts of electricity surged through his body, knocking him unconscious. His friend was also knocked unconscious by the electrical current, as was a man who jumped in to try to save the boys. They both survived, but Jessie drowned. Jessie was a relative of Senator Ruth Whitaker's,
and she was inspired to create this bill to ensure that dock and marina owners comply with federal standards concerning electrical connections in and around water. In August of 2008, a beautiful young girl, also 14, died in the same manner on Lake Hamilton while swimming around a boat dock. And there are other casualties that have occurred in Arkansas from electrical currents in the water. The simple fact is that ungrounded electricity on boat docks and marinas are death traps.
And a way to avoid these tragedies is the purpose of this bill. It will require boat docks and marinas to be wired in compliance with the National Fire Protection Association standards for marinas and boatyards and the National Electric Code. It also requires signage warning swimmers of the possibility of electric shock. In reading materials on this subject, I believe that most marinas and docks already are in compliance with this code, but this will just help those that may not be in compliance.
This bill is first and foremost about saving lives, but it's also about how our state is viewed by others. Arkansas is known as a great place for families to vacation and enjoy our lakes and beautiful sceneries, and we don't want that reputation tarnished by children and adults needlessly drowning by electrocution because our marinas and boat docks do not meet electrical standards that are required throughout the nation. Passing this bill will not bring back Jesse or any of the others that lost their lives by electrocution while swimming,
But your yes vote on this bill can save future lives. SB 317 passed unanimously in the Senate. There's no physical impact to the state and no known opposition to the bill. Senator Whitaker and I would appreciate a good vote on this bill, and I'll be glad to try to answer any questions. Thank you. Representative
Speaker 18
1:50:08
Smith, what purpose? I have a question. Yes, sir.
Representative Garry L. Smith
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1:50:11
You recognize? Thank you. Thank you, Representative Hickerson, for bringing this bill. I was reading through it.
Was this at an older dock where this young man was
Representative Mary P. "Prissy" Hickerson
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1:50:23
shocked? Do you know? I really don't know, Representative Smith. I don't know. Now, the girl on Lake Hamilton that died just in the same manner, that dock was not that old. Anything that's
Representative Garry L. Smith
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1:50:37
around water is supposed to have ground fault interrupters. Absolutely. It absolutely is. I just wonder what
Representative Mary P. "Prissy" Hickerson
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1:50:44
failed. I really don't know. It was a houseboat that was connected to an electrical outlet at a marina dock, and that's about all I know about that.
Representative Garry L. Smith
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1:50:57
Was there any damages the family could collect from the dock owner as a result of this, or do you know? I
Representative Mary P. "Prissy" Hickerson
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1:51:03
don't know. I did see some information about that. I think Representative Kerr might have some information. I did see some filings on that. I don't know what the outcome was. Thank you. Thank you, Mr. Booker. Yes, would you? Are you
Chair
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through to Representative Hickerson? I'll come down and speak for it.
Representative Kerr. Members have heard an explanation of the bill. Anyone want to speak against the bill, for the bill? Representative Kerr, you're recognized. Come to well and speak
Representative Allen Kerr
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1:51:44
for the bill. Good afternoon, members. Just to have a little bit of additional information
on this particular incident, my insurance company was involved in the incident with the boat and the boat dock, and basically all it was was a line.
The dock was relatively new. The boat was not. Okay? And the lines draping into the water on the way to the power outlet on the dock is what caused it. And the vicinity diving in around that boat is what electrocuted
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the child. So this is a good bill. We appreciate a good vote. Representative Kerr has
Chair
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1:52:27
spoken for the bill. Anyone wish to speak against the bill, for the bill?
Representative Hickerson, are you closed for your bill? Representative Hickerson is closed for a bill. Question for the House is passed with Senate Bill 317. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast up the ballot by a vote of 94 yeas, 0 nays, 0 present. You have passed the bill. Members, take a moment to join with me
in welcoming some special folks here up in the West Gallery who are here as guests of Representative Hickerson, her daughter-in-law, and four granddaughters. So we're
glad that y'all are with us here today. Mr. Clark Reed, Senate Bill 437. Senate
Bill 437 by Senator Malone, an act to clarify the role of pharmacists with regard to ephedrine, pseudophedrine, or phenylpropylamamine.
Representative Tyler, you are recognized to explain the bill. Thank you,
Representative Linda S. Tyler
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1:53:49
Mr. Speaker. Members, if you've been in and around the Public Health Committee meeting in the last few days, you've heard a lot of debate about pseudoephedrine, a lot of debate about pseudoephedrine. We have a meth problem in our state, just no doubt about it.
We have, not only do we have meth manufacturing in our state, we have, to a growing extent, meth trafficking in our state. And while we passed a really good bill a while ago on public safety, hopefully to continue to address that, we still have a meth problem in our state. Currently, the pharmacists are the only, a licensed pharmacy is the only outlet that's allowed to dispense the drugs with pseudoephedrine and ephedrine.
And they put those drugs behind the counter. What Senate Bill 437 does is it, in effect, creates an additional class of drugs that requires that the pharmacist dispense this drug and that the pharmacist makes an assessment on the medical necessity of this drug based upon their patient-pharmacist relationship. That's what this bill is about, the pharmacist-patient relationship.
Now, my hometown pharmacist, and I'll bet yours does too, looks at the drugs I take, makes an assessment, and every once in a while will say, Linda, have you talked with your doctor about X? Because you know you're also taking X, and we might want to make sure there's no counterindication for that. So what this bill does is says that the pharmacist-patient relationship will ensure
that the pseudoephedrine and ephedrine drugs that are sold in Arkansas are sold to those people who medically need it, not to those people who are buying those drugs in order to make meth. So that pharmacist has to make a professional determination. I think if we polled everyone in the Assembly today, we would agree we have a meth problem. We heard passionate testimony from Representative Wright,
passionate testimony from a couple of sheriffs, passionate testimony from a prosecutor about the problem that we have. We have some differences of opinion on how we should continue to solve the problem. Well, an alternative that we considered was putting these drugs on a prescription basis only. Now, that may be where we have to go next, but when we debated it in our committee, we talked about the impact that people had to take off from work, go to the doctor's office,
pay for a doctor's appointment, and get a prescription that would cost more than the over-the-counter drug that the pharmacist would dispense with Senate Bill 437. So we recognize that there are some differences of opinion on how we solve the problem. I don't think there's a difference of opinion on the fact that we have a problem. Your hometown pharmacist supports this.
The Pharmacy Association supports this bill. One additional point that I want to mention is that in order to be able to get the drug over the counter, behind the counter, from the pharmacist, a pharmacist with whom you have a relationship with, you do have to provide an ID, a state driver's license, or a state ID, and we amended the bill to allow military ID so that you should be able to get the drug.
There is no civil liability still for the pharmacist who makes that determination as to whether or not there was a medical necessity for the drug. We think it's a good step in helping to solve the meth problem. It may not go far enough, but I'm asking you to let's give it a try, and let's try to take meth off our streets and the meth labs in our communities, out of our communities.
Chair
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1:58:30
I would appreciate a good vote. Representative Lee, what purpose?
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Question. Recognized. One of the comments that came up in committee about this was the difficulty or potential difficulty for someone to get an ID that would be appropriately be able to be used should this bill be passed. Can you address that? I can
Representative Linda S. Tyler
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1:58:55
to the extent that I can. They are able to get a driver's license.
They are able to get a state ID through the Department of Finance and Administration or
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to be able to have a military ID. And that doesn't matter if it's an elderly person or a person of limited funds that picture IDs are able to
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be procured in the state of Arkansas? Yes,
Chair
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1:59:24
they are. Representative Garner, what purpose? Question? Recognized? Thank you.
Representative Ed Garner
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1:59:29
And thank you, Representative Tyler, for taking the question.
And I agree, we have a problem. You made the statement that my hometown pharmacists support this, and I haven't had a chance to call them back yet, but my hometown pharmacists have asked me to oppose this. Did you get opposition from pharmacists, and why?
Representative Linda S. Tyler
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1:59:57
Representative Garner, the Pharmacy Association supports it. They represent the pharmacists in the state.
Not all pharmacists are a member of the Pharmacist Association, so there may be some, and there may be some who work for the Walmarts of the world or the larger companies of the world who are the member of the Pharmacy Association who do not support it. But the Pharmacy Association of the state of Arkansas and
Representative Ed Garner
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2:00:27
their members do support it. And a follow-up with the ID thing, if you're on a border town in Arkansas and you come from another state, you have an Oklahoma driver's license,
will you be able to use that to purchase these products? No, sir,
Chair
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2:00:48
you will not. Okay, thank you. Representative Jean, what purpose? Recognize. Representative
Representative Lane Jean
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2:00:53
Tyler, we appreciate the hard work on this. And that was kind of my question. The people that are opposed to this are concerned about the liability and the many vacationers and travelers we have in our campsites and our lakes. If they need medication and they have a Texas driver's license, what are they to do?
Representative Linda S. Tyler
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2:01:14
Yes, sir. We considered that. And when we looked at the alternative, when we looked at the two solutions we had on the table, one was to require them to get a physician in the state of Arkansas and to get a prescription in the state of Arkansas, which probably would be more difficult. We recognized that they may end up not being able to get the specific drug of their choice. We did have some testimony, of course, in committee that indicated there are other
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drugs that are available that do not contain pseudoephedrine or ephedrine for a coal that they'd be able to buy.
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2:01:47
Thank you. Representative Benedict, what purpose? Jen. Do you recognize?
Representative Lori Benedict
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2:01:54
Thank you, Mr. Speaker. Representative Tyler, I do appreciate your answering the questions. Do you think in any way that this bill, if passed, is not counterproductive to the prison reform bill we just passed, wanting to slow the growth in the corrections system? No, ma'am, I do not.
Chair
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2:02:14
Okay, thank you. Representative Hammer, what purpose? You're recognized.
Representative Kim Hammer
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2:02:21
Are we gone? There we go. Two questions, if I may, please. This bill does not preclude, and I know you just referenced this, but I just want to make a point of reference to make sure. If I'm traveling in from out of state and I have a medical need, That doesn't preclude me from calling my doctor back in Texas or whatever state to call a pharmacy wherever it is that I'm camping and call in a prescription for
Representative Linda S. Tyler
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2:02:50
any kind of drug, does it? Representative Hamer, I'm not certain about the laws where a doctor might call into another state.
I can't imagine that it would if your doctor were to give you
a prescription or your friend a prescription to do that, but I'm not certain I could
Representative Kim Hammer
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2:03:06
speak to that knowledgefully. As of 10 years ago, I know you could. That's why I asked just checking to make sure that hadn't changed. And the second question is, we are dealing with just one specific drug item here. This does not open up the door to Pandora's box as far as pharmacists being able to have the ability to write prescriptions in other areas or other drug items, does it?
It's just to this one class. Is
Representative Linda S. Tyler
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2:03:30
that correct? It does not open up the doors to the pharmacist to
Representative Kim Hammer
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2:03:35
write prescriptions at all. Okay, and we are just talking about one particular item or a narrow market of items listed in here. Right
Representative Linda S. Tyler
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2:03:44
now we are talking about pseudoephedrine and ephedrine, but it does include in
the bill that the Board of Pharmacy could look at other drugs. For example, we heard testimony in the committee meeting about Robitussin DM being used to make some other kind of drug
where the Board of Pharmacy, through the rules and regulations processes and the Legislative Council and the rules and regs of the Legislative Council, could determine there may be another drug that would be included in
this. Last question, if I may. I want to go back to a conversation last week, and the pharmacists
Representative Kim Hammer
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2:04:15
are not operating outside of their scope of practice by doing that. Is my memory correct on that? That is correct. They are not. Thank you. Thank you. I would appreciate a very good vote. Members, if
Chair
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2:04:29
you heard an explanation of the bill, anyone wishing to speak against the
bill? Representative Burris, you are recognized to come and speak against the bill. Thank you, Mr. Speaker. We can
Representative John Burris
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2:04:46
all agree that it's a pretty significant problem. I do have some concerns of the bill. I think it's probably rooted in good intent and something that we can maybe eventually pass, but I do have some concerns that prohibit me from voting for it today. and a lot of them will address the questions number one the most important one that was hit on at the end and that's the fact that this legislation gives the board of pharmacy the
authority to to further prescribe that any whatever drugs they wish could also be regulated in the same manner only reviewed by legislative council and the legislation without any without any actual legislation so this does open the door to potentially a board further regulating and and imposing the same sanction on another type of drug. Also, the issue that was mentioned with out-of-state tourists or college students or whomever being unable to purchase this drug because they don't have an in-state driver's license.
I think that's a big issue. I think it potentially has some constitutional issues with us regulating it in that way where out-of-state people were not able to purchase a drug in-state that they could possibly out-of-state. I think that's an issue. I think the liability that it puts on a pharmacist And the position it puts them in is an issue most important with this, and this is the last point. The intent of this bill is to say that a pharmacist can refuse to sell drugs to a person based on the way they look. And I think that is a very serious problem. And I think it's in the legislation it's called the pharmacist-patient relationship.
And I respect that and I appreciate the need for it. But at the end of the day, what that boils down to is pharmacists are going to be allowed to sell or deny drugs to a person based on their judgment. and the only way they can make that is through an arbitrary interpretation of how they look and I think that opens up the door to a lot of problems. I think this is a good bill that eventually maybe we could get right. It's certainly a problem that needs to be addressed. Because of all those concerns, I'm just very hesitant to vote for it today and so I'm speaking against it and I'd ask you to vote against it also.
Chair
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2:06:43
Thank you. Representative Burroughs has spoken against the bill. Representative Smith, you are recognized to come and speak
Representative Garry L. Smith
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2:06:58
for the bill. Thank you, Mr. Speaker, members. In that committee, we
wore the hair off of this bill. And I think what we have is a bill that we all can live with. As Representative Burris mentioned, it gives the pharmacists an opportunity to expand their scope if necessary.
As you all know, the honest people are the ones that obey the law. And would you not agree that it's the criminal that's the one we're out here trying to corral in all cases? So the intent of this bill is that if something should show up that would allow them to continue the meth between now and the next session, that's what the rules and regs will allow the pharmacist to make that adjustment. The opportunity is that this is the way we handle a lot of bills in our state between sessions, and rules and regs is very carefully watched and monitored, and I think that we're okay with that.
Part of the reason for this ID, the Arkansas ID, is to prohibit intrastate or interstate trafficking from one state to another. People, they know where the local rules are lax, and they're going to go and deal with that pharmacist if they know they can go and get this pseudoephedrine in that facility. As Representative Wright mentioned in his bill the other day, there are some compatibles that will do a similar thing to answer the questions Representative Jean asked and also Representative Kim Hammer asked about if you're traveling out of state from another state to our state,
you could get some relief, and I think that it would be allowable. If my pharmacist knew I was sick and I was in Denver, Colorado, I think I could get him to call in, my doctor rather, to call in a prescription for me to have assistance out of state. I think this is covered. But one other thing that hasn't been spoken of, or I didn't hear it yet today, is that by this Arkansas ID and the military ID that we've amended to allow that, It gives us instantaneous leads online tracking ability. So if Ms. Penartz buys medicine at one pharmacist, she can go down the street and attempt to buy again.
It instantly shows up. This may be somebody that's trying to traffic an uncontrolled drug. That's what this is all about. This is something that we have really worked hard at, and I think that in the committee, I commend each member for the questions that they ask and the time we devoted to this particular bill. this is a good bill, my friends, and we need to vote for this. We need to continue the effort to control the meth traffic, because if we don't pass this bill, we've lost control in the meantime. I'll take one question. You're it. Representative Steele, what purpose?
Representative Tracy Steele
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2:09:31
Question. You're recognized. Representative Smith, as a member of the committee, I know it'll be a different committee next session, but if we were to enact this law and it doesn't do anything or has a negligible impact on the sales of Sudefederin, do you believe the committee would be more inclined to resort to
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prescription only at that time? I think that's a possibility, and let
Representative Garry L. Smith
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2:09:51
me talk to that. I think that's a good question. Thank you for that one. You see, we tried to avoid a prescription requirement for the average person to receive this medical ability, but if we see this does not control it, Representative Wright had a very good instrument
that was weighed in the balances as well to make it tighter, And it actually gets money in the pocket of the pharmacy because you'd have to have a prescription to get it then. But we thought this would be better for the consumer if we can take this step first to make part of our requirements for law enforcement because we definitely have to support them as well. And thank you, members. I
appreciate a good vote on this bill. Thank
Chair
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2:10:29
you. Representative Smith has spoken for the bill. Anyone wish to speak against the bill? for the bill
Representative I believe I had Representative Rice next to speak for the bill Representative Rice
you're recognized to come and speak for the bill you're recognized thank
Representative Terry Rice
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2:10:57
you Mr. Speaker members all of us have friends on
both sides of this And when I walked in the chamber today, I told some of you I didn't know I was going to vote on this.
And those who know me know I usually have an opinion, right or wrong. I believe, and you've heard me state, in personal responsibility, and I push back on government regulations. This bill is not a perfect bill. That has not precluded us from passing bills before, has it? This bill has had months of input.
It does what those of you in committee, and I'm not on that committee, but for those who are not, let me state this. It locks down the forms of identification that can be used to purchase pseudoephedrine. You must have an Arkansas driver's license or an Arkansas ID. There is an exemption for active military personnel. The pharmacist has a responsibility to determine a legitimate sale. Currently this can be done by a tech.
It gives the State Board of Pharmacy enforcement authority. Section 6 gives the State Board of Pharmacy the ability to move over-the-counter items that may be a danger to public health to behind-the-counter. currently in a category or we know pseudo federal coding cough syrup in and only this Arkansas State Board of Pharmacy can move additional Adams into this category and it would require legislative review I'm not going to tell
you all of the talking parts but let me tell you what I have in there there are pharmacists on both side of this we know two friends I have and I'll tell you this they're good enough friends I respect me to go against them if I felt like that's what it would be but I appreciate your input one of them now is in hometown but work for a chain store at a large city in western Arkansas and he said on one weekend they sold 65 cases of the stuff that was the pseudo
federal he said I've seen it we have all heard that there's college students they're using to be the go-betweens to buy now those with multiple IDs and certain things one weekend we have young people on disability and I have people and we all know people that this is affected there was one woman that comes to mind always young woman in a marriage that uh happened to take her the wrong way
she was very attractive school teacher and she got on stuff in the story i wouldn't want to relay to
Speaker 301
2:14:10
you a little kid involved in it pretty sad. We have people
Representative Terry Rice
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2:14:17
draw on disability. We have people that have died because of this. We're going to have to do something. This is not a perfect bill. It takes away the right of some people to get something that I wish was a better way. I haven't found a better
way. We can measure this, the success of this, if this has passed, and come back and do something about it if it's not working or we need to do something else but we've got to do something like last time i was down here i told you i wasn't going to ask you how to vote and i'm not going to again remember i'm going to
Speaker 302
2:15:02
say vote your conscience i'm going to vote mine thank you
Chair
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2:15:07
representative rice has spoken for the bill anyone wish to speak against the bill Representative Carnine, you are recognized to speak against the bill. You
Representative Les "Skip" Carnine
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2:15:30
recognize Representative Carnine. Thank you, Mr. Speaker. Obviously, this is two seatmates setting together and discussing this.
Obviously, I've come to a different conclusion. My major concern is that, again, we're passing a bill that punishes honest people. It is very obvious that these kinds of things need to be corrected in terms of wholesale amounts of these types of drugs being available to any one individual.
And I certainly am concerned about that. Most of the meth actually coming into Arkansas at this point in time come from Mexico, right up Interstate 30. I would really think that this could be a good bill, but to simply limit it to a military ID or a driver's license from the state of Arkansas, in my opinion, is wrong. This state depends on a tremendous amount of tourism.
Most weekends, people are traveling here. They don't call back to their local physicians and say, I need to have something. My point is, let's not punish the honest, because we've got some folks who
Speaker 29
2:16:57
want to break the law. Thank you. Representative
Speaker 304
2:17:01
Penards, what purpose? Motion. Which motion?
Chair
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2:17:04
Motion for immediate consideration, sir. Proper motion, question for the House, immediate consideration of House-Senate Bill 437.
All in favor say aye. Aye. Opposed, no. Ayes have
it. Question for the House, passage of Senate Bill 437, pair of the
machine, Mr. Clerk. Everyone voting. Everyone voted. Cast up the ballot by a vote of 60 A, 31 A, and one present. You have passed the bill. Representative Tyler moves to the clincher. All in favor say aye. Opposed, no. Ayes have it. The clincher is adopted. Mr. Clark reads Senate Bill 126.
Senate Bill 126 by Senator Key to establish the right of an Arkansas Teacher Retirement System member to remain an active member when employed
by an institution of higher education. Representative Carnine,
Representative Les "Skip" Carnine
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2:18:08
you are recognized to explain the bill. Thank
you, Mr. Speaker. This is a technical correction bill that allows individuals to continue in teacher retirement. There is no additional cost. There are no additional liabilities. Appreciate a good vote. Members, heard an explanation of
Chair
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2:18:24
the bill. Anyone wishing to speak for the bill, or excuse me, against the bill, for the bill,
the bill, not the question for the House, passes Senate Bill 126. Prepare the machine, Mr. Clerk. Everyone voted. As everyone voted, cast up the ballot by a vote of 92, yay, zero,
nay, two, present. You have passed the bill. And the emergency clause. All right, members, we'll go to the yellow budget calendar.
Representative Webb, you're recognized to come to the well and explain what bills, the first group of bills that you want to batch.
Representative Kathy Webb
Unverified
2:19:13
Thank you, Mr. Speaker. The first group I'd like to batch would be House Bill 1189 through Senate Bill
Speaker 5
2:19:22
106. All right, Mr. Clerk, Mr. Clerk, read the bills.
Chair
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2:19:30
House Bill 1189, House Bill 1193, House Bill 1285, Senate Bill 106. Representative
Chair
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2:19:41
further? Members, you heard the identification of bills to be batched. Anyone who
wishes to speak against for Representative Burris, you are recognized to come to the well and speak for the bills.
Representative John Burris
Unverified
2:20:00
Thank you, Mr. Speaker. I'm changing songs. Today it's Hank Williams and I Saw the Light. We had the debate yesterday and the discussion, and I think it was very important. And I do want to make a couple of important points, and I guess they're in no particular order. Number one, I do think there are a lot of concerns about the budget, and I know a lot members have those and i think they're very legitimate with the process winding down with
the time frame looking at where we are i think the most responsible way to deal with those is to try to offer some input on the revenue stabilization and the budget and if if those desires can't be affected then i think then i think it's it's fair to to take whatever means you want at that time be it a no vote or alternative proposal or anything else but The supermajority requirement for appropriation bills does give the legislature and legislators a lot of tools for input, and I think that's been utilized here, and I think it's a good thing.
So I don't want to diminish the concerns because they're still there, as I said, but with the time frame that we've got, I think it's important for the sake of the process to move forward. I think we've seen some good leadership from the speaker, from lots of people in this room trying to work together on this issue and I think it's very important and I think we've all worked together very well on it, but that being said I think with time being in consideration, yesterday I asked you to send these bills back to committee
and you did not grant me that request, but today, after the past 24 hours I had time to look at some of the specific appropriation bills that were voted down yesterday, talking to other members, I think some of the concerns, while the overall concerns about increased spending are still present the concerns of these specific appropriations in a lot of ways have been answered and for that reason I think it's probably best just to to vote these and voice the very legitimate concerns in some other ways I think it's responsible and I applaud the membership that that has taken the lead in voicing these concerns because it's
very appropriate it's very much their role so I'd ask you to vote for these bills
Chair
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2:22:18
so yeah representative harris what purpose you recognize all
Representative Justin T. Harris
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2:22:22
all joking aside representatives was the light dim or bright you know i don't
Representative John Burris
Unverified
2:22:28
even know if it's like just the clouds have broken it stopped raining uh i think the light's coming how about that all right i'd appreciate
Speaker 29
2:22:37
a good vote Thank you. Representative Burr, I've spoken at Representative Murdoch. Question.
Speaker 313
2:22:42
If you're recognized. So, why are we not voting the House bills? Now, this is for the Senate, and we appreciate that. We're
Representative John Burris
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2:22:51
going to let them have it. The batch that we are voting on now are regular appropriation bills for agencies and commissions. You might be referencing Senate GIF bills. I think we're going to put those in a batch next. So,
we're okay with that? not see me after this though all right yeah thank you representative
Chair
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2:23:10
burris has spoken in favor of the bill anyone wish to speak against the bill bills floor of the bills uh if not the question
for the house's passage of the appropriation bills which have been enumerated by the clerk Prepare the machine, Mr. Clerk. You're voting on the bills and the emergency clause. Has everyone voted? Has everyone voted? Cast up the ballot by a vote of 93, yay, 0, nay, 3, present. You have passed the bills and the emergency clause.
Mr. Clerk, read Senate Bill 24. Senate Bill
24 by Senators Hammond, an act for the Department of Education, International Baccalaureate Appropriation for the 2011-2012 fiscal year.
Representative Webber, you are recognized to
Representative Kathy Webb
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2:24:12
explain the bill. Thank you, Mr. Speaker. This is a $75,000 appropriation. It is an individual member bill. It's for the International Baccalaureate Program.
It was something that was recommended last year by the department, but this year the recommendation was not to fund this program, and that's why an individual senator brought this bill forward. Members, heard an explanation
Chair
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2:24:35
of the bill. Anyone who wish to speak against the bill, for the bill, not to question for the House is passing Senate Bill 24, pair of the machine, Mr.
Clerk. Voting on the bill and the emergency clause.
everyone voted everyone voted cast up ballot mr. clerk run voted cast up ballot mr. clerk by a vote of 73 a 8 may for president failed pass bill representative webb you
are recognized to explain the remaining batch bills thank you mr speaker on
Representative Kathy Webb
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2:25:30
the back of page four towards the bottom of the page there's senate bill 573 senate bill 575 and and we would request that we remove those from the batch Senate Bill 573 and Senate Bill 575 other than that all of the bills the remaining bills are Senate GIF bills and we would request that those be batched All right, Mr. Clerk, read the bill.
Representative Duncan Baird
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2:26:30
Senate Bill 366, Senate Bill 367, Senate Bill 369, Senate Bill 370, Senate Bill 371, Senate Bill 372, Senate Bill 373, Senate Bill 374, Senate Bill 80, Senate Bill 385, Senate Bill 387, Senate Bill 388, Senate Bill 391, Senate Bill 392, Senate Bill 393,
Senate Bill 394 Senate Bill 395 Senate Bill 396 Senate Bill 397 Senate Bill 398 Senate Bill 405 Senate Bill 406 Senate Bill 407 Senate Bill 414 Senate Bill 415 Senate Bill 416 Senate Bill 418 Senate Bill 419 Senate Bill 420 Senate Bill 421, Senate Bill 426, Senate Bill 427, Senate Bill 429, Senate Bill 432, Senate Bill 433, Senate Bill 442, Senate Bill 443, Senate Bill 444, Senate Bill 445, Senate Bill 446, Senate Bill 447, Senate Bill 448, Senate Bill 452, Senate Bill 453,
Senate Bill 454, Senate Bill 456, Senate Bill 457, Senate Bill 460, Senate Bill 461, Senate Bill 462, Senate Bill 466, Senate Bill 467, Senate Bill 469, Senate Bill 470, Senate Bill 471, Senate Bill 472, Senate Bill 473, Senate Bill 487, Senate Bill 488,
Senate Bill 489, Senate Bill 490, Senate Bill 491, Senate Bill 492, Senate Bill 493, Senate Bill 494, Senate Bill 495, Senate Bill 497, Senate Bill 498, Senate Bill 499, Senate Bill 500 Senate Bill 506 Senate Bill 507 Senate Bill 508 Senate Bill 509 Senate Bill 510
Senate Bill 511 Senate Bill 514 Senate Bill 515 Senate Bill 524 Senate Bill 535 Senate Bill 536 Senate Bill 537 Senate Bill 538 Senate Bill 539 Senate Bill 540, Senate Bill 541, Senate Bill 542, Senate Bill 543, Senate Bill 544, Senate Bill 545, Senate Bill 547, Senate Bill 548, Senate Bill 556, Senate Bill 557, Senate Bill
558, Senate Bill 562, Senate Bill 563, Senate Bill 564, Senate Bill 565, Senate Bill 576, Senate Bill 579, Senate Bill 580, Senate Bill 581, Senate Bill 582, Senate Bill 583, Senate Bill 584, Senate Bill 585, Senate Bill 586, Senate Bill 587, Senate Bill 588, Senate Bill 589, Senate Bill 590, Senate Bill 591, Senate Bill 599, Senate Bill 600,
Senate Bill 601, Senate Bill 604, Senate Bill 605, Senate Bill 606, Senate Bill 607, Senate Bill 608, Senate Bill 616, Senate Bill 618, Senate Bill 619, Senate Bill 622, Senate Bill 623, Senate Bill 624, Senate Bill 627, Senate Bill 629, Senate Bill 630, Senate Bill 632, Senate Bill 633, Senate Bill 634, Senate Bill 640, Senate Bill 642, Senate Bill 643, Senate Bill 645, Senate Bill 646, Senate Bill 647, Senate Bill 649, Senate Bill 650, Senate Bill 651, Senate Bill 652, Senate Bill 653, Senate Bill 654,
Senate Bill 655, Senate Bill 657, Senate Bill 659, Senate Bill 660, Senate Bill 661, Senate Bill 662, Senate Bill 664, Senate Bill 670, Senate Bill 673, Senate Bill 675, Senate Bill 682, Senate Bill 687, Senate Bill 688, Senate Bill 689, Senate Bill 691, Senate Bill 693.
Chair
Unverified
2:31:58
Okay, members, I'm going to ask you to please take your positions at your desk so we can take a vote. Let's take a supermajority on these. I'll give you a moment to come in. Okay, members, we're going to
be voting on the bill. and the emergency clause. If everyone take their position, please, at their desk.
Representative Steele, what purpose? You recognize? Question of the budget chair,
Speaker 315
2:32:38
sponsor. Do you want to take a question,
Chair
Unverified
2:32:42
Representative Webb? your your option you're out of the well
all right you're you're recognized representing steel similar
to what what we asked you but just
Speaker 317
2:33:06
a little different my question is uh thank you mr speaker my question is uh is there an intent to revisit the house gif bills i certainly support this and i'm going to vote for it but we've had debate and people came down to the well speaking against gif bills but there is no different from senate gif and house gif correct i
Representative Kathy Webb
Unverified
2:33:36
would uh ask the parliamentarian but i would assume that because we brought back other
budget bills to be voted on a second time. If someone requested that I bring back a particular GIF bill, that I would do that. But I would verify with Mr. Johnson or Mr. Massanelli that that's appropriate. And is there a concerted effort to pass
Speaker 317
2:34:01
these bills if we bring them back as we're doing the senate gif bills i can't speak for other members
Representative Kathy Webb
Unverified
2:34:08
i can only you know i certainly couldn't answer that question well would there be an expungement
Speaker 316
2:34:17
of the vote for any of the
bills that failed to in order to bring those back and i guess that
Chair
Unverified
2:34:23
question still you were recognized to ask representative webb a question on on these bills and it's not that i don't want i don't want to carry it we're getting ready to vote on a group of bills i mean if we have a discussion we can find a proper way to bring it up but right now i'm ready to vote on the bills i recognize you to ask representative webb a question about the bills we're getting ready to vote on i have a question
Speaker 316
2:34:48
of the parliamentarian you're recognized for your question what would be
the procedure of this parliamentarian if we wanted to bring back a bill that that failed appropriation bill well i
Speaker 324
2:34:58
don't know i i think we need to uh have a consultation i'm like a speaker we have an issue on the floor now and i'm not ready to answer any other questions until we get this resolved i think i think it's a violation of the rule to interrupt the roll call here and we're in a roll call so we'll talk about that in a few minutes for
Chair
Unverified
2:35:19
steel all right members you've heard the explanation of the bills and you know the bills that are
enumerated in the batch you're voting on the bills and the emergency clause going on the bills and the emergency clause catch our pair of the machine mr.
clerk everyone voted everyone voted cast up the ballot by a vote of 87 yay zero nay and
for President, you passed the bill and the emergency
clause. Representative Steele, you want to be recognized for your question
Representative Garry L. Smith
Unverified
2:36:05
to the parliamentarian now. Thank you, Mr. Speaker. Same question. Yes, sir.
Speaker 324
2:36:10
Mr. Steele, members of the House, there are two possible scenarios that you could use to bring up a bill. It's too late to give notice. The rule book provides that notice cannot be given after the 57th day. So we've already passed the 57th day, so notice is out of order.
You could make a motion to reconsider a bill, and it would be the motion to reconsider itself is debatable. If it passes, the motion passes, there's no debate, the bill comes up immediately, or you could get on the calendar and place a note on there that you want to expunge a bill. So you would have to take the bills one at a time, either in the process of reconsideration or expunging.
Chair
Unverified
2:37:07
Representative Allen, you are recognized for motion. Thank you.
Representative Fred Allen
Unverified
2:37:11
After the announcements, reading other bills, transferring bills, placing the calendars on the desk, amending members' own bills with their own amendments, members withdrawing their own bills, finalizing resolutions, reading communications, and any remaining committee reports. I move
that we adjourn until 1.30 tomorrow. Talk of
Chair
Unverified
2:37:28
a motion, non-debatable. All in favor say aye. Aye. Opposed, no. Ayes have it. Motion carried. Members, before you get away from here, we have an announcement.
I'm going to recognize the parliamentarian, especially important to our first and second term members. Thank
Speaker 324
2:37:45
you, Mr. Speaker. again is he said this is very, very important to the first and second term members here in the House. House Rule 52A2 provides that each member of the House who's serving either in his first or her first or second term, there's going to be a meeting, a caucus of each caucus of the House on Monday the 21st, immediately following adjournment. At that time, you will be able to select one non-voting position on one A or B committee. The caucuses
will be limited to a person's only three people could serve on one committee. So, example, your 25-member caucus, if three of you wanted to serve on education, that would be all. And then one could go here and one could go, you can't serve on but one A or B. And if you did not, the purpose for this is in term limits, if you did not get an opportunity to select a committee that you might have liked to have selected in your first or second term, this gives you an opportunity to attend those meetings and to participate, and you do everything but vote.
Let me see here. Let me just read just one little section to you here. Each caucus shall select not to exceed three first- or second-term members to serve as a non-voting member of each of the ten joint committees designated as A and B. The non-voting members shall be entitled to attend the meetings of the committee, to serve on subcommittees of the committee, to participate in the deliberations of the committee or subcommittee and to receive per diem and mileage, attend meetings for the committee or subcommittee,
but shall not have a vote in the committee or a subcommittee. Are there any questions? So remember, Monday the 21st, immediately following adjournment, for you first and second termers, this is an important time for you to go select a non-voting membership. If you are not there, then you are not going to be able to select one. And then once the day closes that day, then, you know, the caucus ends, there's not going to be any opportunity for you to come around and later on say, well, I want to do this or I want to do that. You're going to need to attend a caucus meeting and get on a committee in the caucus.
Speaker 308
2:39:49
Any questions? Thank you, Mr. Speaker. Representative Burris, what Burris? Announcement. Recognized. In the
Representative John Burris
Unverified
2:40:08
absence of Chairman Carter and Vice Chairman Cowling, I'm announcing that revenue and tax will be meeting 15 minutes upon adjournment on Friday. Okay. and not meeting tomorrow
Chair
Unverified
2:40:22
the member revenue attacks everybody here there will not be meeting tomorrow meet 15 minutes on adjournment on friday okay representative webb what
Speaker 210
2:40:30
purpose announcement recognized thank you mr speaker joint budget will
Representative Kathy Webb
Unverified
2:40:36
meet at nine o'clock tomorrow morning in big mac and as a reminder it's members day if you have a bill it would be good if you could go to the fiscal staff now to Make sure you're on the agenda. Representative Brown,
what purpose? Yes, Agri will meet now.
After adjournment, room 138. We have a few bills we need to take care
Chair
Unverified
2:40:59
of. Thank you. Representative Lindsey, what purpose? An
Representative Uvalde Lindsey
Unverified
2:41:03
announcement, Mr. Biggers. Personnel subcommittee of joint budget will meet tomorrow morning, 8 o'clock, room 171. Representative Cheatham, what
Representative Eddie L. Cheatham
Unverified
2:41:13
purpose? Announcement. Recognized. Education tomorrow morning, 10 o'clock, 138. possibility of a meeting tomorrow afternoon. We'll discuss that tomorrow morning. Thank you. Thank you.
Chair
Unverified
2:41:24
Representative Woods, what purpose? Announcement. Be recognized. Public Health will
Representative Jon Woods
Unverified
2:41:27
meet tomorrow morning at 10 a.m. room 130. Thank you. Thank you.
Chair
Unverified
2:44:45
All right, without objection, read the bill a second time. Senate Bill 65. We shall. Senate Bill 66. Without objection, read the second time. Senate Bill 66. Big Health.
Senate Bill 243. Objection reads a second time. Senate Bill 243. Insurance and Commerce. Senate Bill 259. Objection reads a second time. Senate Bill 259. Insurance and Commerce. Senate Bill 319. Objection reads a second time. Senate Bill 319. Aging children and youth. Senate Bill 320. Senate Bill 320 Senate Bill 320 Senate Bill 326
Senate Bill 326 Aging Senate Bill 336 Senate Bill 336 Transportation
Speaker 351
2:46:02
Senate Bill 408 Senate Bill 408 Senate Bill 408 Bill 408. Public health. And I just met Mr. Clerk.
Speaker 353
2:46:40
Proceed, Mr. Clerk. Senate Bill 517. Without objection,
Representative Duncan Baird
Unverified
2:47:03
read the bill a second time. Senate Bill 517. Judiciary. Senate Bill 592
Without objection, read the bill a second time. Senate Bill 592 Transportation Senate Bill 716 Without objection, read the bill a second time. Senate Bill 716 Public Health Senate Bill 725 Without objection, read the bill a second time. Senate Bill 725 Transportation Senate Bill 751 Without objection, read the bill a second time. Senate Bill 751 Aging children and youth
Senate Bill 767 Without objection, read the bill a second time. Senate Bill 767 Transportation Senate Bill 769 Without objection, read the bill a second time. Senate Bill 769 Transportation Senate Bill 810 Without objection, read the bill a second time. Senate Bill 810 Senate Bill 810 Judiciary Senate Bill 814 Without objection read the bill the second time Senate Bill 814 Public Health
Senate Bill 815 Without objection read the bill a second time Senate Bill 815 City, County, Local Senate Bill 833 Without objection read the bill the second time Senate Bill 833 Public Health public health senate bill 835 without objection read the bill a second time senate bill 835 public health senate bill 876 without objection read the bill a second time senate bill 876
energy senate bill 889 without objection read the bill a second time senate bill 889 city county local senate bill 902 without objection read the bill the second time senate bill 902 public health senate bill 903 without objection read the bill the second time senate bill 903 joint budget senate bill 943 without objection read the bill the second time senate bill 943 public health
Senate Bill 946 Without objection, read the bill the second time Senate Bill 946 City, county, local Senate Bill 990 Without objection, read the bill the second time Senate Bill 990 State agencies Senate Bill 1004 Without objection, read the bill the second time Senate Bill 1004 Rules Read the committee reports, Mr.
Chair
Unverified
2:49:47
Clerk Mr. Speaker, we are Committee on Rules to whom is referred House Bill 1849, House Bill 1950, House Bill 1956, House Bill 2005, House Bill 2097, Senate Bill 290.
Beg leave to report we have the same. Under consideration and hearth, return the same with the recommendation that they do pass. Mr. Speaker, we are Committee on Rules to whom is referred to House Bill 1907 by Representative Allen. Beg leave to report we have the same. Under consideration and hearth, return the same with the recommendation that it do pass as amended. respectfully submitted Keith Ingram Chair Mr. Speaker we are committee on public retirement to whom is referred House Bill I'm sorry Senate Bill 120 by Senator Key Senate Bill 127 by Senator Key and Senate Bill 79 by Senator Key big leave report we put the same under consideration herewith return the same with the recommendation that it do pass
Unknown speaker
2:50:32
respectfully submitted Wes Carnine Chair
Agenda
Call to Order
Invocation
Roll Call
HB2064
HR1010
HB1146
HB1703
HB1802
HB1447
HB1888
HB1851
HB2029
HB1774
HB1908
HB1843
HB1905
HB1839
HB1943
HB2167
SB559
SB750
SB317
SB437
SB126
Budget Calendar
SB24
Announcements
Reading of Bills
Adjournment
Documents
No documents posted.
Speakers
Chair
Unverified
Representative Les "Skip" Carnine
Unverified
Speaker 6
Speaker 8
Speaker 10
Speaker 18
Speaker 15
Speaker 20
Representative Bryan B. King
Unverified
Representative Robert E. Dale
Unverified
Representative Allen Kerr
Unverified
Representative Stephanie Malone Chair
Unverified
Representative Randy Stewart
Unverified
Speaker 24
Representative Jane English Chair
Unverified
Speaker 73
Representative Tiffany Rogers
Unverified
Representative Donna Hutchinson
Unverified
Speaker 84
Representative Tracy Steele
Unverified
Speaker 88
Representative Kim Hammer
Unverified
Speaker 82
Representative Barry Hyde
Unverified
Speaker 112
Representative Billy W. Gaskill
Unverified
Speaker 116
Representative Leslee Milam Post
Unverified
Speaker 90
Representative Linda S. Tyler
Unverified
Representative John Charles Edwards
Unverified
Speaker 134
Representative Mary L. Slinkard
Unverified
Representative Darrin Williams
Unverified
Speaker 138
Speaker 148
Representative Kathy Webb
Unverified
Representative Nate Bell Chair
Unverified
Representative Fred Allen
Unverified
Representative Justin T. Harris
Unverified
Speaker 176
Representative Butch Wilkins
Unverified
Representative Jon Woods
Unverified
Speaker 26
Representative Linda Collins-Smith
Unverified
Representative Mark Biviano
Unverified
Representative Jim Nickels
Unverified
Representative Stephen Meeks
Unverified
Representative Mark Perry Chair
Unverified
Speaker 89
Speaker 236
Representative Tim Summers
Unverified
Speaker 227
Representative Charlie Collins
Unverified
Speaker 210
Representative David J. Sanders
Unverified
Representative Mary P. "Prissy" Hickerson
Unverified
Representative Garry L. Smith
Unverified
Speaker 274
Speaker 278
Speaker 280
Speaker 213
Representative Ed Garner
Unverified
Representative Lane Jean
Unverified
Representative Lori Benedict
Unverified
Representative John Burris
Unverified
Speaker 206
Representative Terry Rice
Unverified
Speaker 301
Speaker 302
Speaker 29
Speaker 304
Speaker 5
Speaker 257
Speaker 313
Representative Duncan Baird
Unverified
Speaker 315
Speaker 317
Speaker 316
Speaker 324
Speaker 308
Representative Uvalde Lindsey
Unverified
Representative Eddie L. Cheatham
Unverified
Speaker 339
Speaker 340
Speaker 344
Speaker 351
Speaker 353