March 7, 2011
Video
Transcript
Bills discussed (40)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1526
· 4 mentions in transcript, chapter
Matched: “…ted the amendment. Go to the regular bills. Mr. Clerk, read House Bill 1526. Bill 1526,”
|
Pre-2017 bill | ||
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SB345
· 4 mentions in chapter, transcript
Matched: “SB345(Amendment)”
|
Pre-2017 bill | ||
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HB1305
· 3 mentions in transcript, chapter
Matched: “…s that we consider concurring and Senate Amendment No. 1 to House Bill 1305. Feed the amendment, Mr. Clerk. Senate Amendment No. 1 to H…”
|
Pre-2017 bill | ||
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HB1231
· 1 mention in chapter
Matched: “HB1231”
|
Pre-2017 bill | ||
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HB1232
· 1 mention in chapter
Matched: “HB1232”
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Pre-2017 bill | ||
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HB1304
· 1 mention in chapter
Matched: “HB1304”
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Pre-2017 bill | ||
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HB1310
· 1 mention in chapter
Matched: “HB1310”
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Pre-2017 bill | ||
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HB1327
· 1 mention in chapter
Matched: “HB1327”
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Pre-2017 bill | ||
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HB1333
· 1 mention in chapter
Matched: “HB1333”
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Pre-2017 bill | ||
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HB1377
· 1 mention in chapter
Matched: “HB1377”
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Pre-2017 bill | ||
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HB1423
· 1 mention in chapter
Matched: “HB1423”
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Pre-2017 bill | ||
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HB1451
· 1 mention in chapter
Matched: “HB1451”
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Pre-2017 bill | ||
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HB1457
· 1 mention in chapter
Matched: “HB1457”
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Pre-2017 bill | ||
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HB1483
· 1 mention in chapter
Matched: “HB1483”
|
Pre-2017 bill | ||
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HB1503
· 1 mention in transcript
Matched: “House Bill 1503. How did you vote, Representative Cowling? On the prevailin…”
|
Pre-2017 bill | ||
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HB1504
· 1 mention in chapter
Matched: “HB1504”
|
Pre-2017 bill | ||
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HB1506
· 1 mention in chapter
Matched: “HB1506”
|
Pre-2017 bill | ||
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HB1532
· 1 mention in chapter
Matched: “HB1532”
|
Pre-2017 bill | ||
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HB1543
· 1 mention in chapter
Matched: “HB1543”
|
Pre-2017 bill | ||
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HB1555
· 1 mention in chapter
Matched: “HB1555”
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Pre-2017 bill | ||
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HB1596
· 1 mention in chapter
Matched: “HB1596”
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Pre-2017 bill | ||
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HB1608
· 1 mention in chapter
Matched: “HB1608”
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Pre-2017 bill | ||
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HB1637
· 1 mention in chapter
Matched: “HB1637”
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Pre-2017 bill | ||
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HB1650
· 1 mention in chapter
Matched: “HB1650”
|
Pre-2017 bill | ||
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HB1661
· 1 mention in chapter
Matched: “HB1661”
|
Pre-2017 bill | ||
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HB1741
· 1 mention in chapter
Matched: “HB1741”
|
Pre-2017 bill | ||
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HB1742
· 1 mention in chapter
Matched: “HB1742”
|
Pre-2017 bill | ||
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HB1772
· 1 mention in chapter
Matched: “HB1772”
|
Pre-2017 bill | ||
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HB1776
· 1 mention in chapter
Matched: “HB1776”
|
Pre-2017 bill | ||
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HB1778
· 1 mention in chapter
Matched: “HB1778”
|
Pre-2017 bill | ||
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SB179
· 1 mention in chapter
Matched: “SB179”
|
Pre-2017 bill | ||
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SB207
· 1 mention in chapter
Matched: “SB207”
|
Pre-2017 bill | ||
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SB221
· 1 mention in transcript
Matched: “…lendar. Our last action last week was on Amendment No. 2 on Senate Bill 221. Representative Roebuck had the floor at that time and requ…”
|
Pre-2017 bill | ||
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SB263
· 1 mention in chapter
Matched: “SB263”
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Pre-2017 bill | ||
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SB304
· 1 mention in chapter
Matched: “SB304”
|
Pre-2017 bill | ||
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SB312
· 1 mention in chapter
Matched: “SB312”
|
Pre-2017 bill | ||
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SB333
· 1 mention in chapter
Matched: “SB333”
|
Pre-2017 bill | ||
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SB335
· 1 mention in chapter
Matched: “SB335”
|
Pre-2017 bill | ||
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SB379
· 1 mention in chapter
Matched: “SB379”
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Pre-2017 bill | ||
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SB496
· 1 mention in chapter
Matched: “SB496”
|
Pre-2017 bill |
Machine transcript
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Speaker 1
0:00
Let us pray. Almighty God, the other day I was handed a band to wear around my wrist that reminded me to pray for a young woman who was battling cancer. It reminded me, Lord, that you know all of our names. You have our infinite wisdom and power in front of you. You know our names as truly as I know the name that I wear on my wrist for that time.
So, Lord, today I ask that you would bless all of us, give us wisdom and guidance, lead the men and women here today to a fresh dedication to serve you and choose what is right. In the living of our days, may faith replace fear, may truth conquer falsehood, may justice triumph over greed, let love always prevail over hate, and may peace be with all of us. Lord, finally, we remember those who are serving our country in harm's way today. We pray a blessing upon them for peace for their families.
We pray this in the strong name of our Lord.
Representative Tracy Pennartz
Unverified
1:31
Amen. Amen. Please indicate your presence by pushing your yellow present button.
Prepare the machine, Mr. Clerk. Cast up the ballot, Mr. Clerk. There are 97 members present. The chair sees a quorum.
Are there any requests for leave? Representative Eddie L. Leave. Ms. Wagner, for what purpose? Leave. You're recognized. Leave
Speaker 16
2:26
for Representative Bradford. Leave granted for Representative Bradford. Representative Eddie Cheatham,
Representative Tracy Pennartz
Unverified
2:37
moves we dispense with a reading of the previous day's journal.
No objection. So ordered. Are there reports from select committees? Are there reports from standing committees? Is there any unfinished business? Are there any executive communications? Ladies and gentlemen of the House, we have some visitors today with us on Monday.
Members of the Delta Sigma Theta sorority, our guests have Representative Hank Williams. We have members of the Argentia Academy High School, guests of Representative Tracy Steele in our gallery. Please stand.
Speaker 24
3:52
For what purpose, Mr. Wilkins? For a correction of the
Representative Tracy Pennartz
Unverified
4:18
chair. The chair is open to corrections. Thank you, Madam Chair.
Speaker 24
4:22
I appreciate you recognizing the Delta Sigma Theta and they are guests of Hank Wilkins, not Williams, but if you want me to sing, I'll sing a
Speaker 25
4:33
song for you. I represent Wilkins, I think you've
Speaker 27
4:44
already sung. This chair stands corrected.
Representative Tracy Pennartz
Unverified
5:04
We have another visitor with us, Mayor Bobby Neal from
Speaker 27
5:08
Smackover, a guest of Representative Gary Smith. If you please stand, sir.
Representative Tracy Pennartz
Unverified
5:39
The chair is arriving shortly. Thank you Mr. Speaker for allowing me to do this this morning, I appreciate it.
Chair
Unverified
6:09
All right, members, we're going to the red calendar. Our last action last week was on Amendment No. 2 on Senate Bill 221. Representative Roebuck had the floor at that time and requested that we pull that amendment down.
Representative Roebuck, you are recognized. What
Representative Johnnie J. Roebuck
Unverified
6:47
purpose? Mr. Speaker, leave of the House to pull down,
Chair
Unverified
6:53
take off the calendar. All right. Members, you heard the motion by Representative Roebuck. All in favor, say aye. Aye. Opposed, no. As have it, the motion to take it off the calendar is granted. Thank you. Representative Wardlaw moves that we place Senate Bill 345 back on second reading for the purpose of amendment.
On favor say aye. Opposed, no. Ayes have it. Mr.
Clerk, read Amendment No. 1.
Chair
Unverified
7:42
Amendment No. 1 to Senate Bill 345. Representative Wardlaw, you are recognized to come explain Amendment
Representative Jeff Wardlaw
Unverified
7:55
No. 1 to Senate Bill 345. Thank you, Mr. Speaker. All Amendment No. 1 does is it makes it a little better for the public and safer.
It requires them to have a search warrant signed by a judge before any law enforcement agent can go to and look at this drug plan. Thank you all.
Speaker 47
8:21
I appreciate a good vote. Members heard an explanation to the amendment. All in
Chair
Unverified
8:27
favor say aye. Aye. Opposed, no. Ayes carried. Ayes have an amendment adopted. Send the bill to engrossment, Mr. Clerk. Morning hour has ended.
Representative Williams recommends that we consider concurring and Senate Amendment No. 1 to House Bill 1305. Feed the amendment, Mr. Clerk. Senate Amendment No. 1 to House
Bill 1305. Representative Williams, you are
Chair
Unverified
8:59
recognized to come and explain the amendment.
Representative Darrin Williams
Unverified
9:09
Thank you, Mr. Speaker. Members, this bill passed out of the House with an overwhelming vote for it. forward it went to the Senate they made one small correction or not a correction but clarification that the records that the recording is done in the work property records as opposed to just the word recording so it's a amendment that we agree to this put on the Senate side to make a bill a better bill and I'd
Speaker 47
9:33
appreciate a good vote thank you members heard an explanation of the amendment anyone wishing to speak against
Chair
Unverified
9:38
the amendment for the amendment not the question for the House adoption of Senate amendment number one the House
House Bill 1305, prepare the machine, Mr. Clerk. Everyone voted? Everyone voted. Cast out the ballot by vote of 93 a, 0 nay, 1 present. You have adopted the amendment. Go to the regular bills. Mr. Clerk, read House Bill 1526. Bill 1526,
by Representative Hyde, to establish civil damages for attempted purchase of alcoholic beverages by a minor.
Chair
Unverified
10:22
Representative Cowling, you were standing, you, uh, what purpose? Uh, notice. Well, let's hear your notice.
Speaker 58
10:29
Having voted on the prevailing side, I hereby give notice to the reconsideration of
Chair
Unverified
10:36
House Bill 1503. How did you vote, Representative Cowling? On the prevailing side, no. All right. Let the notice be entered in the journal, Mr. Clerk. Representative Hyde, you are recognized to explain House Bill 1526.
Representative Barry Hyde
Unverified
11:01
Thank you, Mr. Speaker. Members, HB 1526 is a bill designed to help curb underage drinking. It is patterned after a law that has been effected in Alaska for over 10 years now. Minors who attempt to purchase alcohol have no consequences. The prosecutors simply do not have the staff to try and pursue these cases. We spend a great deal of time and money to conduct sting operations to try and catch retailers or minimum wage clerks for failing to catch a fake ID
or the minor who looks 30 years old from buying alcohol with no consequences to that minor. This bill allows a retailer to seek civil suit against the minor or their guardian for the attempted purchase of alcoholic beverage. The amount of the suit is $1,000. $700 would be forgiven if the minor agrees to attend an alcohol abuse program, a drunk driving program, and a date rape program, according to what's available in their home county. $200 is used to defray the legal expense, and the remaining $100 is used to reward the clerk for catching the minor
and reward store managers for successful ABC inspections. This allows retailers to be proactive in combating underage drinking. There's no known opposition to this bill. Well, the ABC, the oil marketers, and liquor retailers all endorse this bill. The prosecutors and the Attorney General's Office have looked at the bill and do not oppose it. This will be strictly voluntary for retailers and will not restrict the ABC and police departments from continuing
to carry out their sting operations.
Chair
Unverified
12:42
Members, I'll answer any questions. Representative Walker, what purpose?
Representative John W. Walker
Unverified
12:51
Question. Recognized. What do you do, Representative Hyde, in the situation where parents have told their children, in no uncertain terms, that they aren't to engage in the conduct that you
seek to prescribe? And that's provable. Do you still punish those parents? You punish
Representative Barry Hyde
Unverified
13:10
those who are responsible for a minor.
If the minor purchasing or trying to purchase the alcohol is under 18 years old, then it'll be with the guardian or the parent. If the minor is 18 or over, then the prosecution or the civil judgment would be against the minor. Well, I understand the
Representative John W. Walker
Unverified
13:29
latter, but in terms of the 15-year-old, the 16-year-old, who looks like he's 18 or 19, and his parents have told him,
and don't go to this store, and don't do this,
and told him in no uncertain terms that the conduct is prescribed and he should not, or she should not indulge it,
do you still punish the parent?
Representative Barry Hyde
Unverified
13:53
That's my question. Yes, Mr. Walker, the parents are responsible for that minor, just like I have been with my
Representative John W. Walker
Unverified
14:01
crew, and I'm sure you were with yours. Well, now, tell me this. Are you saying that a parent is, by this bill, really civilly responsible to the state or somebody else in damages for every act or misdeed that a minor child engages in?
Representative Barry Hyde
Unverified
14:19
Mr. Walker, I think that a parent or guardian is already responsible for every act or misdeed of a
Representative John W. Walker
Unverified
14:27
minor. But then what is wrong, then, with simply leaving the parties as they are, and if someone feels offended and has good recourse, to let that person file a lawsuit rather than adding another burden and cost to the state of Arkansas? There's no cost in this to the
Representative Barry Hyde
Unverified
14:46
state of Arkansas, absolutely. If anything, it'll save the state of Arkansas money.
This is purely a civil action. Representative Walker, four years ago, my first term here, on the same complaint from retailers, we passed a bill here that imposed the same penalties on a minor for purchasing or attempting to purchase alcohol that they would have for being convicted of MIP, minor in possession. To the very best of my knowledge, there's not been a single prosecution in the state in the last four years.
Prosecutors simply are too busy. They don't have the staff to work on these things, and judges probably aren't real fond of taking up these cases. This removes both of them from this process. It allows the retailers to take some proactive measures to make their store unpopular for minors to come and try and purchase alcohol. There is no doubt on my mind, based on my experience raising my own children, that when those first prosecutions or two occur at a given store that might be a popular spot for those young kids to try and frequent,
as soon as there's a prosecution, the word will spread quickly that that's not the place to go anymore, and I
Representative John W. Walker
Unverified
16:04
think we'll get the desired result. All right, now the last question I have, Mr. Speaker, if I may. How many, what is the evidence which demonstrates the immensity of the problem? In other words, do you have any empirical data to establish how many under 18-year-old children engage in this behavior?
Representative Barry Hyde
Unverified
16:26
I haven't brought you any clinical or specific studies. Again, based on the experience of the retailers, the input, the response I've had from them across the state, as well as my own experience, the
Speaker 82
16:42
infractions are many. I feel very confident in saying that. If
Speaker 84
16:50
there's any powers, what purpose? Question.
Speaker 42
16:54
Recognize. Mr. Hyde, I guess the gist of this is those that attempt to buy alcohols.
Speaker 88
17:02
Well, it would be those who attempt or those who are successful. The assumption is that those who are successful didn't get caught. So it
Speaker 89
17:12
would be difficult to prosecute them. I guess that's part
Representative David "Bubba" Powers
Unverified
17:14
of the problem that I have with this is if the folks in the stores are, I guess, doing their due diligence, they're not going to buy it. Is that correct? I'm sorry? Well, if the folks behind the counter are doing their due diligence, if they're checking the IDs, if they're doing what they're supposed to do,
then more than likely, unless the kid was real sharp, they're not going to
Representative Barry Hyde
Unverified
17:38
buy it anyway. Well, the reality, Representative Powers, as you certainly
probably know, is many of these clerks are minimum wage folks. They're $7.25 an hour. More often than not, it's a second job. They're trying to pay the rent and fill their gas tank. They're trying to take care of all the activity that's going on in store, maybe stock some shelves, watch the gas pumps, and doing the best they can. and from time to time they make mistakes.
I don't think, by and large, that retailers are selling or clerks are selling alcohol to minors because they think that they're minors and it's a great sale. This is a, you know, all the effort to this point is strictly against the retailer and the clerk, and they are really battered. There's a subject of repeated stings. There are literally thousands and thousands of dollars on catching them.
And this is an opportunity to try and do something that has been very, very successful in Alaska for the last 12 years
and I believe will be successful in Arkansas as well. I'm going to suggest to you
Representative David "Bubba" Powers
Unverified
18:50
that many of those parents are minimum wage folks too, And that's one of the problems I have with paying this fine when they've done what Representative Walker has suggested. But I would also ask, you know, since this is kind of the field I'm in, you talked about the legislation a few years ago that there hasn't been one prosecution.
I'm also going to suggest to you that those aren't being reported to police because when they are, generally the police make a report to me and I prosecute. I have been prosecuted, so I haven't seen a single one, so I'm not sure about the reporting accuracy that we're having over the years. But just finally, if someone's child goes in and attempts to buy alcohol and he's caught with a fake ID, then the fine to that parent civilly could be $1,000?
Representative Barry Hyde
Unverified
19:49
It could be $1,000. the fine under the civil procedure would be $1,000. Under the law, the child would, if they agreed, and I would hope the parents would have an input on this, the fine would immediately be reduced to $300 if the minor attends an alcohol abuse program in the county, a drunk driving course in the county, and a date rape course in the county. the three things that are most associated with underage drinking, according to what's available in the county.
So if there's proactive steps taken on the parent, by the parent, the fine is immediately reduced to $300.
Representative David "Bubba" Powers
Unverified
20:31
Well, let me just kind of ask you this. If, in fact, it's reported to the police officer, which it should be under your scenario and under the formal law that we passed, then it's adjudicated in in the court i can assure you that a circuit judge is going to mandate that that
Speaker 89
20:50
alcohol class be taken well mr powers i'll go back apparently this problem doesn't
Representative Barry Hyde
Unverified
20:57
exist in your county or or your district uh where where you would be adjudicating this adjudicating these cases uh uh so this this bill won't affect anybody in your county in my county when i talk to the judges in Pulaski and the local judges in North Little Rock, basically the response I'm getting is that the prosecutors and the judges simply don't have the time to take on these kind of courses. And usually there's nothing more than a phone call.
Well, not usually. I can't find a case where there's ever anything done more so than just a phone call
Thank you. Thank you. Representative Landerman, what purpose are you
Representative Homer Lenderman
Unverified
21:43
recognized? Mr. Hyde, I noticed that if a child 18 years of age under 21 attempts to buy alcohol, in Arkansas a person can legally get married and establish their own household, enter into contracts and things like that at age 18.
Are we going to have an 18-year-old that's married, living in their own household? Are we going to have those parents still be responsible
Representative Barry Hyde
Unverified
22:07
financially because they messed up? Mr. Lenderman, I must not have spoke clearly for you. For a minor who's under 18, the prosecution or the civil proceeding would be against the parent. For a minor who is 18 to 21, that civil prosecution would be against that minor. Same case scenario,
Representative Homer Lenderman
Unverified
22:25
a parent can sign at age 16, I believe, for someone to get married.
If they have established their own household, that parent would still be held accountable for
Representative Barry Hyde
Unverified
22:37
that child's actions? i want to be careful i don't over speak my knowledge of the law but i think that that would be a true statement except in the case where a child has become emancipated i think they become responsible for themselves i don't know if the act of getting married at 16 emancipates that child or not but but from what you're saying that's possible The laws on drinking age and the age to purchase alcohol is unchanged by those social circumstances.
Representative Homer Lenderman
Unverified
23:08
Another part of this question, how do we make the transition from a kid buying a six-pack of beer to having
Representative Barry Hyde
Unverified
23:16
to attend a date rape course? According to what I found in the studies on underage drinking, one of the most common problems besides drunk driving that occurs for children or minors who are under the influence of alcohol is being involved in date rape cases. Thank you. Thank you, members. I'd appreciate a good vote on this.
If you care about trying to curb underage drinking, vote yes
Chair
Unverified
23:45
for this. Thank you. Members, you've heard an explanation of the bill. Anyone wishing to speak against the bill? Representative Walker, you are, Representative Powers is going to be recognized to come and speak against the bill. You're recognized, Representative Powers. Representative
Representative David "Bubba" Powers
Unverified
24:03
Walker and I drew straws, and he's going to go second. First of all, I do care about underage drinking, Representative Hyde, and I think that it's a very serious problem.
But just because we introduce a piece of legislation doesn't mean that I don't care about underage drinking. It means that I have problems with this particular piece of legislation. Run this scenario by you. I think that mirrors this type of law very well. About eight years ago, I had a young man came into my office, or actually I called he and his mother into my office. He had shoplifted a $4 pen from a department store, a retail store.
Now, before he got out of the building, he was caught. Mother came into my office with her hat in her hand with apologies. This kid was 11, 12 years old, however, never been in trouble. We took him before the judge, even though I hesitated. I thought my little come-to-Jesus talk was sufficient, but we went ahead and took him before the judge anyway. Of course, he got his probation and his community service and the standard things we get. About a month later, this mother called me in a panic
because she had received a letter from this collection agency for this department store charging her $200 because of the civil law that was in place. Now, not only did she make amends, and I don't think I ever saw this kid again, but all of a sudden she was out $200, and this law almost brings that back to the front of why I'm speaking against this bill.
And Representative Hyde made a good point that, yes, maybe we have minimum wage workers in there that possibly aren't as diligent as they should be, but I think I made the point that these parents are minimum wage workers and they may be more diligent with trying to keep their child from that scenario than we know so I do know that if the police are called and a report is made the things we're trying to accomplish can very well be done and I have a sneaky feeling that the police simply aren't being called on these
attempts to buy alcohol and they do may call the parent or just send them out the door but I ask that you vote against this bill I'm not sure this is a
Chair
Unverified
26:40
way that we can effectively curb this behavior there's any powers spoken
against the bill anyone we speak for the bill yes bill representative had you are recognized to close
Representative Barry Hyde
Unverified
26:53
for your bill thank you mr. speaker members this is an
ongoing problem our young people are losing their lives and we're kind of looking the other way a little bit on this uh... take this seriously take this opportunity as another state already has it's been an effective program it's strictly voluntary and those who don't have these problems in their counties won't have to worry about it i need a good
Chair
Unverified
27:19
vote thank you president has closed
for the bill question for the house passage of house bill 1526, prepare the machine, Mr. Clerk.
Speaker 84
27:37
Everyone voted. Everyone voted. Cast up the ballot by a vote of 20
Chair
Unverified
27:46
yea, 67 nay, to present. Fail the bill. Mr. Clerk, read House Bill 1596.
House Bill 1596 for Representative Hyde to require Fiscal Impact Statements for Proposed Bills Amending the Arkansas Scholarship Lottery Act, Section 23.115.101.
Chair
Unverified
28:06
Representative Hyde, you're recognized. Explain the bill.
Representative Barry Hyde
Unverified
28:11
Thank you, Mr. Speaker, for my second at-bat. Did I mention, Mr. Powers, that I really like that tie you're wearing today? Members, House Bill 1596 will make sure that any changes considered for the lottery revenue in the future will first be judged on the financial impact of that proposed change. The lottery has become a critical part of our scholarship funding in Arkansas.
Just two years ago, the state scholarship budget was $46 million because of the scholarship lottery after only one and a half years the total budget this year will be 150 million dollars this is really a pretty uh pretty important for future
legislation that might be proposed and i would appreciate a good vote on this
Chair
Unverified
29:07
members heard an explanation of the bill anyone wishing to speak against the bill for
the bill closed for your bill representative hide it's closed question for the house passive
house bill 1596 prepare the machine mr clerk everyone voted everyone voted cast out the ballot by a vote of 85 yay seven nays zero present you You have passed the bill. Mr. Clerk, read House Bill 1543.
House Bill 1543, Representative Rice, to amend the Child Welfare Agency Licensing Act
to clarify to whom the
Chair
Unverified
29:57
act applies. Representative Rice, you are recognized to
Representative Terry Rice
Unverified
30:03
explain the bill. Thank you, Mr. Speaker. Members, I'll bring you a DHS bill, House Bill 1543, amendments to the Child Welfare Agency Licensing Act. The Licensing Act is a law that provides of licensure and assistance to child welfare agencies that include foster homes, residential facilities, and adoption agencies. In previous session, my first session in the interim, I had the need to challenge DHS agencies on some things I thought could be better,
and I'm glad to bring this to you today, and hopefully this will be something that helped them in a monumental task that they have. This is no additional employees. It is no additional funding. The bulk of this bill is technical changes required by current code style. Other changes are to restore or fix language for consistency, specifically. The bill clarifies that a juvenile may remain in his or her foster home from 18 years of age to 21.
And right now, the Arkansas Juvenile Code already allows a juvenile to stay in the foster care system up to the ages of 21 if the juvenile is seeking education or training like college or trade school. The bill also makes some technical corrections regarding documentation of licensing visits, and it also fixes language concerning transfer of a license. It also allows applicants the option to receive certain standard DHS publications. Current law requires applicants to receive the standard publications whether they want them or not,
and this means DHS must print more copies of publication applicants may not even want. The bill restores language regarding foster and adoptive background checks, and the language was inadvertently dropped in a prior DHS bill, And lastly, the current law requires DHS to make visual inspections of potential relative foster homes. The bill makes clear this visual inspection to ensure the physical home meets licensing standards
and also that DHS can participate in bona fide research projects that will improve the state foster care system. I would appreciate a good vote. Thank you.
Chair
Unverified
32:25
Members, you've heard an explanation of the bill. Anyone wishing to speak against the bill?
Follow the bill. Not the question for the House. This passage of House Bill 1543, prepare the machine, Mr. Clerk.
Members, you're voting on the bill. Any emergency clause? Everyone voted. Everyone voted. Cast up the ballot by a vote of 95, yea, 0, nays, 0, present. You have passed the bill and the emergency clause. Mr. Clerk, read House Bill
1451. House Bill 1451, Representative Summers, concerning various adoption provisions. Representative Summers, you are recognized to explain
Representative Tim Summers
Unverified
33:10
the bill. Thank you, Mr. Speaker. This bill is also a DHS bill titled an Act Concerning Various Adoption Provisions.
It changes its technical corrections. corrections. For the most part, it changes the minor's age of consent from 10 to 12 years. It has a provision that if you've got siblings where one is in a home and the other one is in an extensive care medical facility, they can be adopted. It allows sibling visitation and ease of visitation for siblings. It takes out a means test. It identifies families eligible
for subsidy and also removes an annual eligibility test. This went through the aging children and youth without any negative votes. No one has any problems that I've heard, and our juvenile expert, Mr. Bubba Powers, thought it was okay. I believe it's an important bill, and I'd ask for your vote. I'll try to answer any questions. Thank you. Remember,
Chair
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Anyone wishing to speak against the bill, for the bill? If not, the question for the House, pass the House Bill 1451. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast up the ballot by a vote of 90, yea, 0, nay, 0, present. You have passed the bill. Mr. Clerk, read House Bill 1457.
House Bill 1457 by Representative Hobbs and all to make illegal the defrauding of prospective
Chair
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adoptive parents. Representative Hobbs, you are recognized
Representative Debra M. Hobbs
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to explain the bill. Thank you, Mr. Speaker. Colleagues, last summer in reading the paper, these headlines caught my eye. Arkansas mom caught in baby adoption scam. As I read the article, it was revealed that a woman had accepted money from three different couples to adopt her baby.
When the prosecutor prepared to prosecute this woman, there was no law that clarified this sort of scam was illegal. They did successfully prosecute this woman under theft of property by deception. However, the Washington County prosecuting attorney said that that would not cover every case scenario.
Today, I ask for you to vote for House Bill 1457 to clarify that this type of action is
Chair
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indeed illegal. Representative Walker, what purpose? Questions? You're recognized. Do
Representative John W. Walker
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you have a threshold amount as to the amount of money that a parent would be taking from one of these three adoptive parents in order to trigger the concept of fraud?
Let me see if I can put, will $5, $10, $50, $100 trigger the concept of fraud? Actually, the
Representative Debra M. Hobbs
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bill on page 2 states that the different classes for the different amounts, for instance, it's a Class
B felony if the aggregate financial benefit is $2,500 or more, and then it goes down to a Class A misdemeanor if the financial benefit is less than $500.
Representative John W. Walker
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Now, what is the objective of this bill? Is it
to collect fans, or is it to cause the parents, at least the adoptive parents, would-be adoptive parents, an opportunity to get
Representative Debra M. Hobbs
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their money back? The purpose of the bill is to declare that it is illegal for a woman
Representative John W. Walker
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to operate such a scam. Is there anything in the law now that keeps the state from punishing a person under these circumstances?
Representative Debra M. Hobbs
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Well, as I stated earlier, if I'm following your question correctly, according to the Washington County prosecuting attorney, the law they use to prosecute Mrs. Ramirez in this case does not cover every scenario. In
Representative John W. Walker
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that situation, is it fair to say that that person who was accused was prosecuted and a conviction was obtained under the existing law? In this situation, yes. And do you have any evidence that an additional law is needed to further the possibility of prosecution in these rather rare circumstances?
Representative Debra M. Hobbs
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The evidence I have is the statement from the prosecuting attorney, as well as the detective who worked this case. All right,
Representative John W. Walker
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now here's my final question. Every time a detective comes and says, I need another law, when the existing one works, can we expect to have more laws passed simply for that reason of one person in a state this big?
Representative Debra M. Hobbs
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uh okay it did work in this case but as i stated it will
not work in every circumstance i did meet
with the private adoption attorney with area legislators with the um again the prosecuting attorney i think kind of the detective was there dhs attorney was there to discuss whether or not another law was needed because like you, Mr. Walker, I don't think we just need to keep adding laws on the books just for the sake of adding laws. However, from this meeting, it was a consensus of
those in attendance that this law is needed. Representative Penartz, what purpose?
Representative Tracy Pennartz
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Question. You recognize. My good friend, when I talked with you last week about this, I shared several scenarios with you where there were over two dozen cases where there might have been this very incident occurring. And that I had individuals in my area, especially the hospitals, that were involved in these scenarios with these potential parents being
defrauded. And what did I say to you at that time about this bill?
Representative Debra M. Hobbs
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You asked to help to co-sponsor this bill because you were in full agreement
with it and you felt like it would help those in your area.
Thank you. Thank you. Representative Elliott, what purpose? Representative Hobbs, my question is this. You said that the prosecutor in your area helped you with
this. Is that correct? We met to discuss whether
Representative Debra M. Hobbs
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or not the bill was needed.
Is the Prosecutor's Association in favor of
Representative Debra M. Hobbs
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this? I have not heard from them, but I have found that any time an agency
is opposed to a bill, I hear from them. Well, I don't know about it. But also, let me ask you a question. Under your bill, let's say a 14 or 15-year-old child goes to term to have the baby, and she decides to have the baby, and this parent or these adoptive parents have actually paid
a sum of money for it. I mean, will that child be prosecuted under this bill for not wanting to give her child up? I'd have
Representative Debra M. Hobbs
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to defer to those who are the prosecuting attorney's office, but it's my understanding
that there is a reason for juvenile courts, and that is to prosecute juveniles under that system. Well, it would still be a felony. It is against the law. It depends on how much money she accepts from the adoptive parents. On
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your bill, you said a, what was it, a Class B felony, or?
Representative Debra M. Hobbs
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It depends on how much money was accepted from those parents. And I asked the person who drew up the bill if these amounts were comparative to those amounts, if you just stole that much, and he said that's what he based it upon. They're basing it upon a certain wealth
amount. Is that correct? That's my understanding. So is it true to say that we're putting a price tag on the child?
Representative Debra M. Hobbs
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42:17
I think this bill says that we are recognizing a child is a child and not property. But
we would have to be treating it as property if we were putting a price tag
Representative Debra M. Hobbs
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on it. Is that not true? The price tag is how much the couples were defrauded, the amount that
they were defrauded. So are we saying is that the amount, I mean, is that worth the child's net? If they chose to choose, what, $200 or $400 on a child, is that what we're saying the child is worth?
Representative Debra M. Hobbs
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I don't believe it's the child we're putting the dollar amount. It's on the amount of the
Chair
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crime. Thank you. Thank you. Members, you heard an explanation of the bill.
Anyone wishing to speak against the bill? Representative Representative Collins you're speaking against the bill Representative Walker you recognize speaking against the bill Thank you Mr. Speaker In all due respect to
Representative John W. Walker
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Ms. Benartz and the sponsor of the bill and all of the
others here who see good in it we have a unique situation presented. I mean, what we're talking about here is baby buying or
baby selling. And somehow or another, I don't like the idea of baby buying or baby selling. It doesn't matter what I like. But nonetheless, that's
what it is. But if under this bill, if a child under 18, or if a person who's carrying a baby
changes her mind after taking some money from one person, person, that person may be charged with fraud. And I think that it's well established in the law that mothers may be able to change their minds during the adoption process. There's no right that a person has to take another person's baby. There's also the concept of some personal responsibility. Now most of you have had an opportunity at one time or
another to buy the Broadway Bridge. And if you've had an opportunity to buy it, you may have given some money to somebody for the Broadway Bridge. You may have done it one or two or three times. And that's a gross example, I understand. But there is a concept of personal responsibility. And anyone who goes into the concept of buying a baby, or at least going through that process, ought to have thought about it very carefully, ought to know what is involved and ought to be left to pursue a civil remedy to get his or her
money back. But if they don't want to use a civil remedy, just as in this case, there is a criminal remedy which is fraud. And we can come up with all kinds of scenario about fraud, but I don't think we want to get into the position of parceling every little incident that comes to mind in such a way that we have separate bills calls it calling any and every act of deceit fraud triggering a new statute now I understand the goodwill of the people
involved and I'm reluctant to say vote against this bill but there is no real logic for it there's no need for it and it does not promote the public
Chair
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good thank you every day Walker spoken against the Bill, Representative Collins, you are recognized to come and speak
Representative Charlie Collins
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for the bill. In general, criminals like to prey on people who are easy to prey on.
And if anybody has ever met a family that is striving to have a child or adopt a child, or perhaps some of the members here themselves are in that position, you can realize how vulnerable these people are. So when someone chooses to purposefully create a scam to take advantage of a series of people that are in this type of a vulnerable situation, it truly is a terrible crime. And I'd ask for you to support this bill
so we can help reduce crimes against those types of vulnerable
Chair
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parents. Thank you. Representative Collins has spoken for the bill. Anyone wishing to speak against the bill? Representative Elliott, you are recognized to come and speak
against the bill. Thank you, Mr. Speaker. My distinguished colleagues, I would say that I, too, think that anyone who would sell a child
or offer a child for a difference of amount and deceive parents or would-be parents for it. That's a terrible thing, and that person should be dealt with swiftly. But I don't think that we should punish children under Representative Hobbs' bill, a child who's 14 or 15, possibly 16, who is going or thinking about keeping her child or wanting to give her child away
after she decides, for after nine months that she wants to keep the child, under this act, she could be charged as a felony. Now, Representative Hobbs said, okay, she'll go through juvenile court. Well, So, colleagues, a felony is a felony, and jail time is jail time, whether you do jail at Alexander, which is the youth facility, or whether you do it at the Department of Corrections. And I just don't think that that's what we're here for.
I don't think that we want to cause undue stress on, let's say, a minor who's changed their mind, who wants to do what's right. Again, I ask for you guys not
Chair
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to vote for this. Representative Elliott has spoken against the bill. Representative Benedict, you are recognized to come and speak for the bill.
Representative Lori Benedict
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You're recognized. Thank you, Mr. Speaker. Representatives, I do agree with Representative Walker that we have a lot of useless bills that are on the books right now, but this is not one of them. This one, if we don't vote for the bill, you are voting to perpetuate what can turn into be a scam for girls that just decide they are pregnant and it's a good way to raise a few thousand dollars and perpetuate something that can possibly get out of hand.
We need a yes vote on this. It is good. It's not one of these little, piddly, useless bills. This one's a good one, and Deborah, we thank you for bringing it to
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us. You put a lot of thought and effort into it.
Chair
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Thank you very much. Representative Benedict has spoken for the bill. Anyone wish
to speak against the bill? For the bill, Representative Hobbs, you're recognized to close for your bill.
Representative Debra M. Hobbs
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Thank you, Mr. Speaker. I've heard in the arguments against this bill that a woman or a young girl may change her mind during an adoption process. That is correct. And the law states that a young woman may do that. However, this bill addresses when someone takes money from two or more couples. Obviously, that woman cannot give her baby to more than one family.
So I hope you will support this. Let me remind you, two years ago, we passed a law to deal specifically with
the theft of copper wire. I hope that you will support this bill as well. Thank you. Representative
Chair
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Hobbs, close for the bill. Question for the House. Passage of House Bill 1457. Prepare the machine, Mr. Clerk.
Everyone voted. Everyone voted. Cast up the ballot by a vote of 74, yea, 14, nay, one present. You have passed the bill. Representative Hobb moves for the clincher. All in favor say aye. Opposed, no. Ayes have it. Clencher adopted. Clerk read House Bill 1232. House Bill 1232 by Representative
Thompson et al. to amend the law concerning the use of tear gas or pepper spray.
Chair
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Representative Thompson, you are recognized to
Representative Tommy Thompson
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explain the bill. Thank you, Mr. Speaker. Members, this bill accomplishes one thing. If someone assaults or commits battery against a law enforcement officer, firefighter, or correctional facility employee, while they are in the line of duty, they will, upon conviction, be found guilty of a felony.
It amends the code 513.202 and 517.124 to reflect that change. And when I
Representative Tommy Thompson
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I learned a lot. A great deal, let's say. But it was passed out unanimously. And it was a result of some work asked to me by my local law enforcement officer.
It has been run through and has the support of the Chiefs of Police, the Arkansas Sheriff's Association, the Attorney General. we did a physical impact with the department of correction and it is minimal i would
Chair
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an explanation of the bill anyone wishing to speak against the bill for the bill
not the question for the house passage of house bill 1232 repair the machine mr clark
everyone voted so everyone voted cast
up the ballot I voted 92 yay 0 nays 0 present you have passed the bill members please join me in welcoming our doctor of the day from Hot Springs dr. Robert McCrary thank you dr. McCrary for being with
us today Mr. Clerk, read House Bill 12, excuse me, 1555.
House Bill 1555, represent Bradford and all concerning the sale of air conditioning parts to scrap
Chair
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metal recyclers. Representative Bradford is not with us in the chamber. Is anyone authorized
to explain the bill? If not, Mr. Clerk, please move the calendar and place it at the bottom of the list. Mr. Clerk, read House Bill 1772.
House Bill 1772, by Representative Roebuck and Aul, to expand the Roger Phillips Transfer
Policy to strengthen the course transfer system and establish a statewide common course numbering system for post-secondary courses. Representative
Chair
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Roebuck, you are recognized to explain the bill.
Representative Johnnie J. Roebuck
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54:43
Thank you, Mr. Speaker. Ladies and gentlemen of the House, how many of you have ever earned an F? Don't raise your hands. But then, some years later, you worked hard, and you came back, and that F became a C+. The reason that happened mainly was because former State Representative Mike Burris was your teacher.
And he gave us, don't laugh, he gave us Act 182 of 2009, known as the Roger Phillips Transfer Policy. But wait, we're not through. You had that C-plus, and you came back two years later today. And now today, I'm going to give you an A-plus, because with House Bill 1772, that's exactly what we do with our transfer policy.
Today is a beautiful day. It's the product of a combination of collaboration, cooperation, a lot of compromise, and consensus. It represents two years of work by many stakeholders as we work together to get that A+. It belongs to all of us. Last week, I asked Dr. Dave Spence, who's president of the Southern Regional Education Board, if he would travel from Atlanta to Little Rock to sit at the table with me while we presented this important bill. And
And he agreed, because SREB had worked so hard with us on this bill. When we walked in the room, there were numerous reporters there. You could not get through the crowd. TV cameras were everywhere. And Dr. Spence turned to me, and he said, Wow, you people in Arkansas really know what's important. A college education. A completion of a degree. A completion of a certificate.
And then I had to look at Dr. Spence, and I said, Dr. Spence, they're not here for us. They're here for Representative Collins because he's presenting his guns on campus bill. And Dr. Spence said, oh, I'm so sorry. Well, all of you know, the next day in the paper, Representative Collins got his picture in the paper and all the press, and our wonderful friend, Dr. Spence, was not even mentioned.
Now, I believe in high expectations. I believe if we don't expect it, we don't get it. And high expectations transfer into goals. And our governor has set a lofty goal. He told us in the State of the State address right here that he wants to double degrees and certificates by 2025. Two years ago, when we released our Higher Ed Task Force report, we said that we want
to reach the SREB average on degrees and certificates by 2015. So why do we need for this bill to become a law? Three reasons. To provide a clearer, shorter path to the degree for transfer students. Second, to reduce the time and cost of the degree and certificate for transfer students. And thirdly, to save state funding associated with excess credit hours taken by students.
In committee, there was no opposition to this bill. In fact, there was applause when it was passed out unanimously. I appreciate all the help of our colleagues in higher education across the state and many of you in this room and i would appreciate a good vote for this bill which gives us an a plus and we join three other states in having an a
Speaker 16
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plus on our transfer policy i'd appreciate a good vote
Chair
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members heard an explanation of the bill anyone wishing to speak
against the bill for the bill not the question for the house passage of house bill 1772 prepare the machine mr. clerk everyone voted everyone voted cast up the ballot by a vote of 91 yeas 0 nays 0 present You have passed the bill. Mr. Clerk, read the House Bill 1483.
House Bill 1483 by Representative Edwards to amend the procedures for appeal from administrative decisions of the Office
of Driver Services. Representative Edwards, you are
Representative John Charles Edwards
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recognized to explain the bill. Thank you, Mr. Speaker. Ladies and gentlemen of the House, good afternoon. This bill does one thing. When someone has been charged with DWI, there are both criminal proceedings and there are administrative proceedings. This bill deals with the administrative proceeding of this action.
When that ticket's been issued, the DF&A, they have a hearing to determine what should be done with the driver's license. Should it be restricted? Should it be fixed to allow individuals to go back and forth to work? Should there be an interlock device or what have you? This is held by a DF&A administrative hearing officer. If the person who's the subject of the hearing does not like the outcome of that hearing,
they have the right to appeal to circuit court. Now, this is what the bill does. If someone appeals to circuit court the administrative suspension of their driver's license, all the bill does is say DF&A gets notice of the appeal. The law does not require that right now. We're just making the law so it will be required to give notice of the appeal. And a question's been asked, if someone is cleared on the criminal side of their charge,
then all the administrative actions are dealt away with as well. I would appreciate a
Chair
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good vote. Members, you've heard an explanation of the bill. Anyone wishing to speak against the bill, for the
bill? Not the question for the House. Passage of House Bill 1483. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 95, yea, 0, nay, 0, present. You have passed the bill.
Mr. Clark, read House Bill 1637. House
Bill 1637 by Representative McCrary to amend the law concerning
Chair
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1:01:46
waste tires. Representative McCrary, you're recognized to
Representative Walls McCrary
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explain the bill. Thank you, Mr. Speaker. Members, House Bill 1637 is part of the Arkansas Department of Environmental Quality's legislative package. It amends the law concerning waste tires. It cleans up language and defines wide-base and extra-wide-base tires.
These tires did not exist when the original bill was passed. Now these super-wide tires have become common in the trucking industry and need to be defined and included in the current waste tire law. The bill is supported by regional solid waste tire districts, and I will take any questions. Appreciate a good vote. Thank you. Members heard
Chair
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an explanation of the bill. Anyone wishing to speak
against the bill, for the bill, not the question for the House. Passage of House Bill 1637. Prepare the machine, Mr. Clerk.
Everyone voted. Everyone voted. Cast up the ballot by a vote of 95 yea, 0 nays, 0 present. You have passed the bill. Mr. Clerk, read House Bill 1742.
House Bill 1742 by Representative Barnett to extend the expiration date of the Arkansas Voluntary Enhanced Security Driver's License and
Identification Card Act. Representative Barnett, you are recognized to explain the bill. Thank you, Mr. Speaker. This is a bill, I believe, that Senator, then-Senator Denialtis handled in 2005 on the Senate side,
and I think Representative Edwards handled this on the House side a couple years ago, but it's a voluntary, it's a voluntary Enhanced Security Driver's License Identification Act, a voluntary, and the federal government has failed to, we hope this program still needs to be extended into June of 2013 in order to, for us to comply with this act. It's just a change of a date. Appreciate a good vote. Thanks.
Chair
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1:03:56
Members, heard the explanation of the bill. Anyone wishing to speak against the bill, for the bill, if not, a question for
the House. Passage of House Bill 1742. Prepare the machine, Mr.
Clerk. Members, you're voting on the bill and the emergency clause. Everyone voted. Everyone
voted. Cast up the ballot by a vote of 82 yeas, 9 nays, 0 present. You have passed the bill and the emergency clause.
Mr. Clerk, read House Bill 1532. House
Bill 1532, by Representative Allen and all, to authorize electronic traffic tickets. Representative
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Allen. Representative Williams, what purpose? Mr. Allen, that's why
Representative Darrin Williams
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you pass over and leave it on the calendar.
Chair
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1:04:52
Mr. Clerk will pass over and
place on the bottom of the list. Mr. Clerk, read House Bill 1608.
House Bill 1608 by Representative Nichols regarding the expungement of misdemeanor
Chair
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1:05:10
convictions. Representative Nichols, you are recognized to explain
Representative Jim Nickels
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1:05:15
the bill. Thank you, Mr. Speaker. The attempt of this bill is to try to
clarify the law on expungements. Right now, the way the statute is written is that a kid could be, say, busted for having a joint, and he could go to court, and that particular crime could be expunged.
Same kid, different court, different prosecutor, same type of crime, could be charged. and his particular crime would not be available to be expunged so this law is an attempt to rectify that the last fall several of us have been meeting in general the expungement statute and trying to come to a consensus on that and the as far as all of the expungements we were not able to
to come to a consensus but on the misdemeanor part of it we were This is an attempt to bring some clarity to that area of the law. So as Sam Irwin said one time during the Watergate hearings, thank God for the statute of limitations. And in a sense, that's kind of what I see this as, in that we're trying to give mainly young people a chance to have their record expunged and to be able to have the opportunities that are available to them.
and hopefully that conviction will not mar their their their life uh representative smith what
purpose you recognize thank you thank you mr speaker thank you representative nichols could you give me a little clarification
on what type of misdemeanors would be allowed under your information that you have so far when you
ran this through committee well in the uh in the bill itself it shows those that are not covered by it but the the purpose of the bill is to take care of those common type of misdemeanors that are out there and to try to make them all equal so
to speak to where if it can be expunged under one statute but not expunged under another statute for the same type of crime then this is what i'm trying to trying to
correct is this going to be an attempt to help take care of some of our prison overcrowding you think and keep people
Representative Jim Nickels
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productive was there a possibility as might have well it may have that possibility the uh or that
impact but the main thing is that uh if uh is is trying to help that normally that young person go out and
be able to apply for a job and not have the background check always come up and showing this conviction and that's a whole different issue that we're thinking of of dealing with But the purpose of this is just to really help some young people out to whether or not they don't have that mark for the rest of their life. Thank you and appreciate your vote.
Chair
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Members, you heard an explanation of the bill. Representative Collin Smith, what purpose?
Representative Linda Collins-Smith
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Question. You're recognized. Thank you, Representative. Can you tell me if this bill in any way interferes with a judge's decision? Maybe there's other circumstances that are in that file that a judge would say this should
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not happen. Of course, the prosecuting attorney
will be notified of the request for an expungement, and it has to go before the judge, and the judge is the one who will actually say yay or nay on the expungement. Thank you.
Chair
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Appreciate a good vote. Members, we heard an explanation of the bill. Anyone wishing to
speak against the bill? For the bill, not the question for the House, passage of House Bill 1608, prepare
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the machine, Mr. Clark. Everyone voted? Everyone voted? Cast up the ballot by a vote of 77, 78, yay, 10, nay, one present.
Chair
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You have passed the bill. Representative Nichols moves for the clincher. All in favor say aye. Opposed, no. Ayes have it. Clincher adopted. Mr. Clerk, read House Bill 1504. House Bill 1504 by Representative
Post to prohibit a Level 3 or Level 4 sex offender from being at a water park owned or operated by a local government and to declare an emergency. Representative Post, you are
Chair
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recognized to explain the bill. Thank you, Mr. Speaker.
Representative Leslee Milam Post
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1:10:02
House Bill 1504 would restrict Level 3 and 4 sex offenders from water parks. This includes swimming pools operated by municipalities. Level 3 and 4 offenders are the most violent sexual offenders that we have. Arkansas law already states that Level 3 and 4 offenders are prohibited from going within certain distances of places that they are likely to re-offend and consequently harm someone. These places do include schools, public parks, and daycare centers.
Water parks are common places that families and children frequent in the summer months. This bill will aid us in keeping sexual predators away from places that they are likely to re-offend. I ask you for a good vote. Thank you. members
Chair
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1:10:54
heard an explanation of the bill anyone wishing to speak
against the bill for the bill not the question for the house passage of house bill 1504 prepare the machine mr. clerk
members you're voting on the bill any emergency clause everyone voted
everyone voted cast up the ballot by a vote of 86 yay zero nay
one present you have passed the bill and the emergency clause mr clark read house bill
1741 house bill 1741 by representative lindsey and all concerning minimum training standards for 9-1-1 public safety communication center personnel representative lindsey
Chair
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you are recognized to explain the bill
Thank you, Mr. Speaker, members of the House. When we call 911, I think all of us in this room and every place around this state, we want to know that that person answering the phone knows what to do when we've got an emergency. That's something I think we'd all like to know. We'd like to know that and we'd like to be able to trust that that 911 operator has the ability to act quickly
and to be very proficient in helping us get the help that can save lives. But today in our great state, we have no legal requirement that a 911 operator be trained to any standard that I think we would find reasonable for certification. A certification that proves that operator has the skills and the ability to handle that really, really important job.
This bill provides an agreed-upon solution to that need. We've talked to, I think, everyone that has a dog in this hunt, if you will. The Association of Counties, the Municipal League, the sheriffs, the police chiefs, the Law Enforcement Training Academy, and the list goes on. And we found universal support that says, yes, we need to make sure that all of our 911 operators in this state are trained.
But there were some questions that rose out of those discussions. discussions. The questions basically were, what level of training is required? Remember, all of our counties are different, whether rural or urban. Many of our counties do a very, very good job of training and providing 911 services. Some of the counties that are less affluent maybe have not the resources to do so, to provide that training that's necessary. And the second question that was asked, other than level of training, was who's going to pay for it?
Common question. So let's just sort of look at the bill. Section 3 on page 5 says that the state's 115 public safety answering points, or PSAPs, as they're called in the business, may provide. This is a permissive bill, may provide training opportunities through ALIDA, which is the Arkansas Law Enforcement Training Academy. So we were able to work with the cities and counties and said, okay, we want to provide this training, but let's not mandate it.
We were able to that change as long as the standards that are being taught in a training program meet a national standard. So this bill does have requirements that ELIDA develop a specific set of training standards that mirror the national 911 standards that are then subject to approval of the Commission on Law Enforcement Standards in this state. That ensures, I believe, that our 911 operators in this state will receive comprehensive and effective training.
We also had some questions about some county judges, and Representative Rogers, Sonny Cox, your county judge for 30 years in Arkansas County, led this task force in putting together an agreed-upon bill. Well, Judge Cox's question said, we can't afford for folks in Arkansas County to keep traveling to Little Rock and send all of our folks out of the 911 board to Little Rock
or any place else. We just don't have enough folks, and we've got to cover that phone. So we said, let's start, and the ELITA program is designed to do a train-the-trainer program to start with, meaning that we'll take the lead person out of Arkansas County in each of the 75 counties, the 115 PSAPs, bring those into an extensive training process to train the trainer to go back home and teach the crew how to be proficient and to be the
most effective in how they do that. That reduces the cost, obviously, and it keeps the folks that are in those counties and in those PSAPs answering the phone and doing the job that they're supposed to do. On page two of the bill, line 13, you'll see the cost of this program projected to be $120,000. That's an estimate and, in fact, it is a commitment from a leader to provide this training to train the trainers for every one of the 115 PSAPs for a year.
The training comes from an existing 65 cents on your cell phone. We all pay it. It goes into a fund that dates back to 1985 when the law was created that set the fee in place. The Arkansas Emergency Telephone Service Board collects that fee and then remits that fee back to the cities and counties that have a 911 system. That pays for equipment, it pays for personnel, and this new rule would require that they
have training under the standards that are set forth in this bill. Those monies are special revenues, not general revenue. Special revenue, it's not a new tax, it's not a new fee, everything is what it is. We merely dedicate the $120,000 under the bill and under SB 103, which is the latest appropriation bill, to be spent exclusively for training and related costs. Let me pause right there and see if there are questions.
Chair
Unverified
1:17:41
Mr. Speaker, I would yield. Representative Collins, what purpose? Question. You're recognized.
Representative Charlie Collins
Unverified
1:17:47
Representative Lindsay, I just want to confirm again, I think you've done this for me previously, but there is no new money here. This is out of existing money. That is existing
Speaker 127
1:17:56
right, Representative Collins. Exactly right. Thank you, Mr. Speaker. Members of the House, I appreciate
Chair
Unverified
1:18:05
a good vote. Members, you heard an explanation of the bill. Anyone wishing to speak against the bill, for the bill, not the question for the House,
passage of House Bill 1741. Prepare the machine, Mr.
Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 89 yeas, 0 nays, 0 present. You have passed the bill. Mr. Clerk, read House Bill
1776. House Bill 1776 for Representative Tyler, an act to allow appeals regarding individual
sewage disposal systems to be heard by the Individual Sewage Disposal System Advisory Committee.
Chair
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1:18:49
Representative Tyler, you're recognized to explain the bill.
Representative Linda S. Tyler
Unverified
1:18:54
Thank you, Mr. Speaker. Members, every once in a while you just get a stinky bill. Okay, all right. Thank you, Mr. Speaker. I'll start all over. Members, this is a Department of
Health bill that basically provides some additional structure so that someone who wants to appeal the decision that's made on their septic system can appeal
that to the Board of Health. I'd ask for a good vote. Members,
Chair
Unverified
1:19:24
heard an explanation of the bill. Anyone wishing to speak against the
bill, for the bill? the question for the House. Passage of House Bill 1776. Prepare the machine, Mr. Clerk. Everyone voted. Has everyone voted? Cast up the ballot by a vote of 89, yea, 0, nay, 0.
Present. You have passed the bill. Mr. Clerk, read House Bill 1778.
House Bill 1778, Burrs. M. Letting and all, the Jason Flatt Act.
Representative Letting, you are recognized to explain
Representative Greg Leding
Unverified
1:20:07
the bill. Thank you, Mr. Speaker. Colleagues, on July 16, 1997, Jason Flatt, an active and healthy high school student, committed suicide. In working to address his grief, Jason's father, Clark Flatt, began researching suicide
and eventually established the Jason Foundation, an organization committed to increasing awareness about youth suicide in our country. Unfortunately, Arkansas has one of the higher teen suicide rates in the U.S., with an average of about one child between the ages of 10 and 24 taking his or her life each week. I believe House Bill 1778 is a modest but worthy step towards addressing this issue. It would require two hours of in-service training of our licensed personnel in schools in suicide prevention training every five years, two hours every five years. The Jason Foundation provides these training materials to the state
at no cost. Our Department of Education must approve these materials, and these, the two hours of training do count towards the professional development requirements for the teachers. So to be clear, there is absolutely no cost to our states or its schools. I want to thank my colleagues on Public Health for passing this unanimously last Thursday, and I would ask for a good vote. Thank
Chair
Unverified
1:21:17
you. Members, you've heard an 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 1778.
Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast up the ballot by a vote of 88 yay, one nay, zero present. You have passed the bill. Mr. Clerk, read House Bill 1304. House Bill 1304. Representative Tyler, excuse me, what purpose?
Representative Linda S. Tyler
Unverified
1:22:00
Mr. Speaker, Representative Williams asked me to ask to pass over House Bill 1304 in Senate
Chair
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1:22:10
leave them on the calendar Leave them on the calendar Okay, Mr. Clerk, please pass over 1304 and Senate Bill 309 Leave them on the calendar Mr. Clerk, read Senate Bill 207 Senate
Bill 207 by Senator Hutchinson to amend the law concerning airport authority
Chair
Unverified
1:22:32
Representative Carter, you are recognized to explain the bill thank you mr speaker uh colleagues uh senate
bill 209 and the medicine law concerning the airport authority uh it the upshot of what's going on here is this is this uh bill uh limits the amount of taxes that are assessed on any parking facility by the airport uh to the maximum of what the municipality uh can can charge so i'd be glad
to try to take take any questions appreciate a good
Chair
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1:23:14
vote thank you members heard an explanation of the bill anyone wishing
to speak against the bill before the bill not the question for the house passage of senate bill 207 prepare the machine mr clerk members you're voting on the bill and the emergency clause so everyone voted everyone voted cast
up the ballot by a vote of
82 yay five nays zero present you have passed the bill and the emergency clause mr clerk
reads senate bill 333 senate bill 333 by senators dismaying and all regarding
Chair
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1:23:58
the mounting controversy in the civil action representative carter you are recognized to explain the bill
thank you mr speaker colleagues senate bill 333 deals with jurisdiction and pleading what what this bill
basically says is that when a plaintiff has the option of stating the amount and controversy but once that's done that you know unless the complaint is subsequently amended that you're bound by that initial pleading so be glad to try to take any questions okay i'd appreciate a good vote members representative hobs
Speaker 84
1:24:38
what purpose question please recognize representative
carter i do have a brief
Speaker 229
1:24:48
question the bill says praying for an award should that say no
that that that's the term that of art that's used in legal pleadings as you pray to the court for whatever it is. But
Speaker 231
1:25:03
that is the right term. Thank you. Members, you've heard an explanation of
Chair
Unverified
1:25:12
the bill. Anyone wishing to speak against the bill, for the bill?
Not the question for the House.
Passage of Senate Bill 333. Prepare the machine, Mr. Clerk. Members, you're
voting on the bill and the emergency clause. Has everyone
voted? Has everyone voted? Cast up the ballot by a vote of 88, yea, 0, nay, 0, present. You have passed the bill and the emergency clause. Mr. Clark reads Senate Bill 179. Senate
Bill 179 by Senator Disming regarding the procedures of a hearing
in front of the Professional Bail Bond Company and Professional
Chair
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1:25:57
Bail Bondsman Licensing Board. Representative Bynes,
you are recognized to explain the bill. Thank you, Mr. Speaker. Yet another bail bonds bill. I promise you the end is in sight. Senate Bill 179 is simply a cleanup bill. It expands the procedure of hearings in front of the board
and allows the executive director with board's approval to subpoena witnesses and conduct those hearings. If you will honor me with a favorable vote, I can promise you this will be the last time I come down here with
Speaker 47
1:26:41
a bail bonds bill. Members, heard an explanation of the bill. Anyone wishing to speak
Chair
Unverified
1:26:46
against the bill or the bill? If not, the question for the House passes Senate Bill 179. Prepare the machine, Mr. Clerk.
Everyone voted. Everyone voted. Cast up the ballot by a vote of 87, yea, 0, nay, 0. Present, you have passed the bill. Mr. Clerk reads Senate Bill 263.
Senate Bill 263 by Senator Teague to remove the Dean of the University of Arkansas for Medical Sciences from the
Chair
Unverified
1:27:23
State Crime Laboratory Board. Representative Stewart, you are recognized to explain Senate Bill 263.
Representative Randy Stewart
Unverified
1:27:32
Yes, thank you, Mr. Speaker. This is one of my senator's bills, Senator Teague from Nashville. It's a
bill from the UAMS. It's just to remove the dean from that board and replace it with another doctor. The second page of the bill just says instead of one physician, you may have now two physicians appointed, but it takes the burden off of the dean of the school. So I appreciate a good vote. Members, here
Chair
Unverified
1:27:59
are an explanation of the bill. Anyone wishing to speak against
the bill, for the bill, not the question for the House,
passage Senate Bill 263. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 86 ayes, 0 nays, 0 present. You have passed the bill. Mr. Clerk, read Senate Bill 304. Senate
Bill 304 by Senator Pritchard to amend provisions of Arkansas law
concerning the award of capital improvement contracts by the Arkansas
Chair
Unverified
1:28:42
Building Authority. Representative Rogers, you are recognized to
Representative Tiffany Rogers
Unverified
1:28:46
explain the bill. Thank you, Mr. Speaker, and thank you, members of the House. Senate Bill 304 is an act to amend the provisions of the Arkansas law concerning the award of capital improvement contracts. by the Arkansas Building Authority. This bill was presented in the state agency's committee last week with the director of the Arkansas Building Authority, Ms. Ann Laidlaw, making that presentation.
There were a couple questions during committee that were asked and answered, and I think that even as of the start of session today, we had a question that was out there that I think as well was asked and answered, and we have not received any type of negative feedback in regards to this bill. There are a number of state agencies, engineers, association, architects, associations, and contractors' associations who have all supported this bill
and not indicated any kind of negative impact on it. I would be happy to answer any
Speaker 241
1:29:54
questions. Mr. Murdoch, what purpose? Question. You're
Representative Fred Allen
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1:29:57
recognized for a question. Thank you, Mr. Chair. Representative Rogers, specifically, this on-call contracting, it doesn't say in your bill of an emergency, it defines an emergency later, but it just says on-call contracting,
meaning that the institution can continue to use that contractor. what that does by nature of this bill is it allows the institution and one company to monopolize all the work at that particular institution it doesn't say you see where it strikes out the part about the bid procedure the bid procedure was a procedure whereby it allowed for fairness and equality to everybody that was qualified to vote i mean excuse me to bid to bid on a project by this it says that that institution can simply continue to use that one bidder i mean that one individual that
Representative Tiffany Rogers
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1:30:48
they have on the contract representative murdoch in response to your question under the section two in the emergency contracts there's currently emergency bidding that is allowed the agencies and it does forego advertising or a minimum a minimum of three bidders are invited to submit bids in a process established through the aba rulemaking authority there's been questions that have been raised regarding whether an agency under ABA jurisdiction who was contracting for repairs had to follow the ABA rules or Public Works laws.
However, if the agency is the one contracting for the repairs, then rules and laws must be adhered to. The language in the bill seeks clarification that if an agency is the one contracting for the emergency repairs, then rules and laws must be adhered to regardless of the source of funding, such as the use of if insurance proceeds due to disaster related emergency and
Speaker 247
1:31:46
abatement issues? Yes, ma'am. I'm very much aware of that rule that ABA has, but it
Representative Fred Allen
Unverified
1:31:52
doesn't seem that this bill necessarily addresses that rule.
That rule in itself is pretty good when there's an emergency situation. This right here kind of leaves it open. It doesn't say just for an emergency situation. I can understand in an emergency situation, if contractor A is under contract at an institution, Something happened while he or she is there, and then they're asked to continue on while they're there because it's an emergency and it keeps the cost down. They don't have time to go through the formal be it procedure, which takes a period of time. I understand that. That's not what this is. This is for any work that is to continue.
So we can fix the chambers at the House and then go down and do the Senate and then do the rotunda and so forth and so on with
Representative Tiffany Rogers
Unverified
1:32:43
the same contractor. I have no response. Okay.
Speaker 252
1:32:50
Any other questions? Mr. Hyde, for what purpose? Question. You're recognized for
Representative Barry Hyde
Unverified
1:32:58
a question. Representative Rogers, you know, I understand what on-call contracting is, and this is just
for a contractor in how they might be continually or continued to be retained for whatever comes up. That's really what on-call means, and that's exactly what he was referring to, is that there's no, you know, precipitating event. You know, there's not a tornado that comes through the camps or something. It's just that you hang on to them and do all the work or maintenance or construction projects, whatever may be going on for the next year or two years or as long as they care. There's no sunset to this.
Didn't we just have a problem with this with architects? Oh, I'm thinking it's about two years ago where one of our institutions is, I'm wondering if you might recall that, one of our institutions had an architect firm who was on call and it's just the relationship just went on and on and on for like three years without ever reviewing those folks again or any of the other firms that could provide those same services. It sounds like we're doing the same thing now with contractors,
and on top of it, or to make matters worse, I guess, is we're not only going to allow the general contractor a free ride, we're going to give all the subcontractors a free ride on the thing as well. The thing that's always been most interesting about these situations to me is the responsibility for preparing the bid documents and the advertising and all those things falls upon the architects, my good friends the architects, I might add. However, when we don't require them to bid anything, they don't take anything off their price. Their fee still remains that same amount.
We don't even get a credit for them not going out to bid it.
Representative Tiffany Rogers
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1:34:45
Wouldn't you agree? I wasn't aware this was committee. I wondered what your question was. No. And
I'm not sure where you're referring to a couple years ago. I would ask for a good vote. Thank you. You've heard an
Speaker 258
1:35:04
explanation of the bill. Anyone want to speak against the bill?
Chair
Unverified
1:35:12
Representative Walker, you're recognized to speak
Representative John W. Walker
Unverified
1:35:21
against the bill. Thank you, Mr.
Speaker. There are such good people in this House until I hate to come behind them and say something negative to them, but we are here to address the best interests and the public interests of the state of Arkansas.
This bill is a bill that not only provides a monopoly, but it reinforces a monopoly, and it carries it into perpetuity. That means to say that it lasts basically forever, so that if lawyer services are required on a particular project, and a firm of significance has a contract now and has had it for 10 years,
then I as a lawyer or my progeny or my associates or others in the community who are lawyers never have an opportunity to bid for that project. And that means also that other persons who may be new to the state may never be able to bid with respect to the services that are covered. That would be engineering services, electrical services, and as I read this bill, even something like landscaping, so that what you have is by the concept of these services having been
bundled and a person or a company being an on-call contractor, you're giving that person a virtual monopoly. Now, as I see it further, that company is in a position to set its own price. You won't be able to get the best deal for the state. Now, what we talk about is trying to find ways to save money for the state. If we're going to do that, we have to have at least at some point competitive bidding.
I look around and I see many of you who are business people. You want to be in a position where you can sell your goods and wares and be in a position to compete with others. I promise you that this is not a black bill as such. I'll call it that way. It's basically a bill in the public interest. But it does have racial overtones for this reason. And pardon me for putting it this way. I told you I'd be honest with you when I stood here. There, this bill absolutely precludes African American people from having a chance to be
on-call contractors for the state of Arkansas because those people are already designated. Mr. Murdoch was too modest to tell you that he's a graduate of the University of Arkansas, he's in engineering, and he has a rather successful business. But because of the size of his business, which is under $10 million, I presume, are in that range, he won't be able to compete with some others. And that is something that is built in, reinforced, and it continues. Now, you all are committed to the public interest.
I can't appeal to your conscience, I'm sure, but I am asking you to consider the effects of what this state ought to be. This state ought to be open to everybody to have opportunity. Early on, Mr. Sanders thought to change the name of this state back, if I'm not mistaken, from the natural state to the land of opportunity, and we talked about all the great opportunity we have here, and we've had wonderful people to achieve very much here, but they did not do it in the face and in the midst of all kinds of obstruction and restriction.
And in this situation, in order for African American people to have a chance, they have to have an opportunity on some of these contracts that are set forth by the state. Just think about it right now. If there is a school in East Arkansas, say it's a predominantly black school, and a contractor already has the on-call contracting, then Mr. Murdock and other black folk, or even women, won't have an opportunity to bid for or compete for the work.
In all due respect to the gentleman whose bill he said we defeated unfairly a little Mr. Hyatt wouldn't have an opportunity to bid either. So we have to level the playing field, and by leveling the playing field, we have to take into account a variety of concepts. This is not a necessary bill. There's been no showing that there is an emergency. There's been no showing that what is working is working a hardship on the citizens of this state. But it is important for us to look at the reality.
The only way you get prices down is by having competitive bidding. Thank you. Representative Walker has spoken against the
Speaker 258
1:40:14
bill. Anyone want to speak for the bill? Against the bill? Ms. Rogers, you want to
Speaker 262
1:40:23
close for your bill? You'll recognize the close for your
Representative Tiffany Rogers
Unverified
1:40:28
bill. Thank you, Mr. Speaker. As indicated earlier, there's a list, a page long, of the people who were advised of this bill
and who have supported it, raise no opposition whatsoever to it. The questions in the committee were asked and answered, and nowhere is it mentioned within the bill any type of negative impact towards any African-American citizen or subcontractor, and I really take issue with that being inferred. But with that, I would ask for a good vote.
Speaker 267
1:41:10
She's closed for real. Question for the House? Passage of Senate Bill 304. Prepare to machine, Mr. Clerk. Has everyone voted? Cast up
Speaker 254
1:41:34
the ballot, Mr. Clerk. By a vote of 15 yays, 62 nays, and one present, you have failed to pass the bill.
Speaker 267
1:41:49
Read Senate Bill 335, Mr. Clerk. Senate Bill 335
by Senator Teague to allow the use of all-terrain vehicles and golf carts on Arkansas State Parks by a person with disability. Representative
Speaker 262
1:42:03
Powers, you are recognized to explain the
Chair
Unverified
1:42:10
bill. thank you mr. speaker members this is a bill that
Representative David "Bubba" Powers
Unverified
1:42:14
came to us from the Department of Parks and Tourism it does one thing and one thing only and I think enhances the ability for a lot of
folks to be able to effectively use our state parks and that is simply to allow the use of all-terrain vehicles and golf carts on Arkansas in our Arkansas State's parts by a person with a certifiable disability and and just simply put uh if you're you come into one of our state parks and you want to move around a little more freely and your disability doesn't allow you to this was a would allow those very folks to move around that facility with their golf cart or their atv
Speaker 257
1:42:56
and i would appreciate a good vote heard an explanation of the bill anyone want
Speaker 267
1:43:05
to speak against the bill for the bill Mr. Powers you want to close for your bill he's closed for the bill question before the house passage of senate bill 335 prepare the machine Mr. Clerk
Speaker 254
1:43:27
Has everyone voted? Cast up the ballot, Mr. Clerk. By a vote of 90 yays and 1 nay, you pass your
Speaker 262
1:43:42
bill. Mr. Clerk, read Senate Bill 312. Mr. Powers, you're recognized to explain your
bill. Senate Bill 312 by Senator Teague regarding the prosecuting attorneys for the 9th Judicial District West and the
8th Judicial District North. Thank you, Mr. Speaker.
Representative David "Bubba" Powers
Unverified
1:43:58
Members, this bill is simply a switching of responsibilities. The 8th Judicial District North has seen their caseload increase dramatically over the years, and the folks in the 9th Judicial District West has seen there has gone down a little bit. So basically what we're doing, we're switching places. 8th Judicial District is becoming a full-time prosecutorial position, and the 9th Judicial District West is going back to a part-time position. It's a wash fiscally and won't cost any money.
Speaker 257
1:44:32
I'd appreciate a good vote. You've heard an explanation of the bill. Anyone want to speak against
Speaker 267
1:44:42
the bill, for the bill? Mr. Powers, you close for your bill. The question before the House, the passage of Senate Bill 312. Prepare the machine, Mr.
Speaker 258
1:45:00
Clerk. You're voting on the bill and the emergency clause.
Speaker 267
1:45:04
Has everyone voted? Cast up the ballot, Mr. Clerk. By a vote of 90 yeas and 0 nays and 1 present, you pass the bill and the emergency clause. read senate bill 496 mr clerk senate bill 496 by
senator dismaying to eliminate duplication of statutes regarding the adult maltreatment act and the medicaid fraud act mr wren you're recognized to explain the bill thank you mr speaker
Representative Tommy Wren
Unverified
1:45:37
colleagues senate bill 496 by mr dismaying is a bill to eliminate duplication of statutes issues regarding the Adult Maltreatment Act and the Medicaid Fraud Act. This bill addresses a civil action by a Crime Victim Act which gives injured persons a remedy for damages where none existed before. Under the Adult Maltreatment Act and the Medicaid Fraud Act, an injured person already has recourse
to pursue the caregiver or health care provider for civil damages. This bill removes those duplicate remedies, which have created some confusion in the statutes. There are ten causes usually claimed in this area. The first one is Arkansas medical malpractice. The second one is ordinary negligence.
The third violation of resident rights, fourth premises liability, the fifth exclusive control of another person, sixth the breach of informed consent, seventh the breach of fiduciary duties, eighth the breach of contract, nine the violation of Arkansas deceptive trade practices and ten wrongful death. And I mention these causes to you because there has been some confusion.
This bill does not restrict the ability of any injured resident or their heirs or estates from filing lawsuits against a nursing home using any of the above actions. This bill does not give any person immunity for any of those ten causes. I'd appreciate a good vote. Members, you've
Chair
Unverified
1:47:42
heard an explanation of the bill.
Anyone wishing to speak against the bill for
the bill? Not the question for the House, pass it to Senate Bill 496, prepare the machine, Mr. Clerk. Everyone voted. cast up the ballot by a vote of 82 yea, 1 nay, 1 present. You have passed the bill. Mr. Clerk, read Senate Bill 379.
Senate Bill 379 by Senator Key, an act to remove the requirement for Social Security Numbers and
Chair
Unverified
1:48:28
Environmental Disclosure Statements. Representative Wren, I believe, is moving for the clincher on that close vote. We want to give it to him. All in favor say aye. Aye. Opposed, no. All right, you got the clincher, Representative Wren. All right, Representative Johnston, you are recognized to explain Senate Bill 379.
Representative Josh Johnston
Unverified
1:48:48
Thank you, Mr. Speaker and members. This bill just simply removes the requirement for Social Security
Speaker 283
1:48:54
numbers on environmental disclosure statements. ADEQ is not opposed to this. They say if they need the Social Security numbers, they can get it in another way. So I'd appreciate a good vote. Thanks. Members, heard an
Chair
Unverified
1:49:10
explanation of the bill. Anyone wishing to speak against the bill,
for the bill? If not, the question for the House passage is Senate Bill 379.
Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot by a vote of 89 yeas, 0 nays, 0 present. You have passed the bill. All right,
members are going to go to the yellow budget calendar.
representative representative webb you are recognized give us a little information on the batching on budget bills today thank you
Representative Kathy Webb
Unverified
1:50:08
mr speaker we have a number of bills to be amended and a number of bills to be considered what i'd like to do is i would like to remove on the amended list HB 1188 and on the bills
Representative Tiffany Rogers
Unverified
1:50:23
to be considered I would like to
remove Senate Bill 106. Leave granted
Chair
Unverified
1:50:32
to move House Bill 1188. All in favor say
aye. Aye. Opposed, no. Leave granted to move House Bill 88, and leave granted to remove Senate Bill 106. All in favor say aye. Opposed, no. Leave granted to remove Senate Bill 106.
Representative Webb moves that we place the House Bill 231, House Bill 1231 on second reading for the purpose of amendment. Without objection, read the amendment, Mr. Clerk. Amendment
number one to House Bill 1231. All in favor? Ms.
Speaker 117
1:51:20
Webb, Representative Hall, what purpose? Mr. Speaker, I'd like
Speaker 289
1:51:26
to be possible to put a hold on House Bill 1231 as amended.
Chair
Unverified
1:51:32
do you uh representative hall as we discussed the other day we don't hold bills in here if you want to request as a privilege to have it uh removed for i would so request mr speaker okay uh we'll grant that request to have it uh removed from the calendar and it'll be back on the calendar in the morning or tomorrow yeah you want to be on a batch the rest of the
amendments okay representative Webb I'm trumped by the parliamentarian up here he tells
Speaker 293
1:52:12
me we can't we can't batch amendments we have to take the
Speaker 294
1:52:17
amendments one at a time because each person out there has an opportunity to to see what the amendment
Chair
Unverified
1:52:31
does, so we can't batch the amendments. Good try there. All right, Representative Webb moves that we place House Bill 1310 back on second reading
for purpose of amendment. Without objection, read Amendment No. 1. Mr. Clerk. Amendment No.
1 to House Bill 1310.
Chair
Unverified
1:52:49
Representative Webb, you're recognized to explain the amendment.
Representative Kathy Webb
Unverified
1:52:53
It adds an appropriation for a grant to the Arkansas Geological Survey for lignite drilling from the General Improvement Fund for
Speaker 31
1:53:03
$2.5 million. Heard the explanation amendment. All in favor say aye. Opposed, no. Amendment's adopted. Representative
Chair
Unverified
1:53:09
Webb moves to replace House Bill 1327 back on second reading for the purpose of amendment.
Without objection, read the amendment, Mr. Clerk. amendment number one to house bill 1327 representing
Representative Kathy Webb
Unverified
1:53:24
webb you're recognized to explain amendment thank you mr speaker it adds a reappropriation item to the general improvement fund section for phillips community college it was
Chair
Unverified
1:53:35
project they thought would be finished but it is not finished yet members heard an explanation of the amendment anyone against for uh all in favor say aye opposed no amendment adopted representative webb moves that we place house bill 1333 back on
second reading purpose of amendment without objection read the amendment mr clerk amendment
number two to house bill 1333 representative webb
Speaker 117
1:53:59
you're recognized to explain amendment number two thank you
Representative Kathy Webb
Unverified
1:54:03
mr speaker this is for one extra help position for the department of heritage It was something that they have had before. It was inadvertently left off
Chair
Unverified
1:54:13
the original bill. I've heard an explanation of the amendment. Anyone wishing to speak against? Four. The question is adoption of Amendment No. 2 to House Bill 1333.
All in favor say aye. Opposed, no. Ayes have it. Amendment No. 2 adopted. Representative Webb moves that we place House Bill 1377 back on second reading for a purpose of amendment. without objection read the amendment mr clerk amendment number
one to house bill 1377 representative webb
Speaker 117
1:54:42
you're recognized to explain amendment number one thank you mr
Representative Kathy Webb
Unverified
1:54:46
speaker this increases the capital improvement line from cash funds members heard an explanation amendment
Chair
Unverified
1:54:54
anyone wishing to speak against the amendment for the amendment if not the question is passage or adoption of amendment number one all in favor say aye opposed no as have an amendment or amendment number one adopted uh representative webb moves that we place house bill 1423 back on second reading purpose of amendment without objection to read amendment number one amendment number one
to house bill 1423 representative webb you're
recognized to explain the amendment thank you
Representative Kathy Webb
Unverified
1:55:24
Thank you, Mr. Speaker. This is a request from a member bill to transfer GIF funds to the Arkansas Retirement Community Program Fund and an appropriation for $100,000.
Chair
Unverified
1:55:34
I heard an explanation of the amendment. Anyone wishing to speak against the amendment for the amendment? Not to question is adoption of Amendment No. 1 to House Bill 1423. All in favor say aye. Opposed, no. I just have it. Amendment adopted. Representative Webb, moves to replace House Bill 1506, back on second reading, purpose
of amendment. Without objection, read Amendment No. 1, Mr.
Clerk. Amendment No. 1 to House Bill 1506.
Representative Kathy Webb
Unverified
1:56:05
Representative Webb, you're recognized. Explain the amendment. Thank you, Mr. Speaker. This is for a grant for infrastructure technology expenses, $250,000 in general improvement funds to the Arkansas Science and Technology Authority. from the governor's requested 87th general assembly uh general improvements projects bill members heard an
Chair
Unverified
1:56:22
explanation of the amendment anyone wishing to speak against the amendment
for the amendment not the question for the house adoption of amendment number one to house bill 1506 all in favor say aye opposed no eyes have it amendment number one adopted Representative Webb moves to place House Bill 1650 back on second reading. Purpose of amendment. Objection, read
Speaker 117
1:56:45
Amendment No. 1, Mr. Clark. Amendment No. 1 to House Bill 1650.
Representative Webb, you're recognized to explain
Chair
Unverified
1:56:53
the amendment. Thank you, Mr. Speaker.
Representative Kathy Webb
Unverified
1:56:57
This adds special language stating that any general improvement funds distributed to Pulaski County under this act shall be distributed on a per capita basis.
Chair
Unverified
1:57:06
I've heard an explanation of the amendment. Anyone wishing to speak against the amendment? For the amendment, if not, the question is adoption of Amendment No. 1, House Bill 1650. All in favor say aye. Opposed, no. Ayes have it. Amendment adopted. Representative Webb moves to place House Bill 1661 back on second reading for the purpose of the amendment. Without objection, read the amendment, Mr. Clark.
Amendment No. 1 to House Bill 1661. Representative Webb, you're recognized to explain the amendment. Thank
Representative Kathy Webb
Unverified
1:57:36
you, Mr. Speaker. This adds an additional GIF appropriation section to the bill for the University of Arkansas Division of Agriculture. It's not general revenue, and there are no positions. Members, we've heard
Chair
Unverified
1:57:48
an explanation of the amendment. Anyone wishing to speak against the amendment for the amendment? Could not question both House Adoption Amendment No. 1, the House Bill 1661. All in favor say aye.
Opposed, no. Ayes have it. Amendment adopted. Now, Representative Webb, we're down to the batching part now. You want to explain which of those bills you'd like to batch for the
Speaker 293
1:58:11
members? Thank you, Mr. Speaker. I would
Representative Kathy Webb
Unverified
1:58:14
like to pull out Senate Bill 106, remove it from the calendar, and batch the remainder of the bills. I have
Speaker 153
1:58:24
any objection to any of the bills enumerated. Representative Burris, what purpose?
Representative John Burris
Unverified
1:58:30
uh question of the parliamentarian okay which question i have one question i'd like to ask on sb32 i don't think i have a problem with being batched but i just want to clarify before it is would now be the appropriate
Speaker 294
1:58:46
time to do that would now be the appropriate time to do what sir well i'd like to ask what i'd like to
Representative John Burris
Unverified
1:58:51
ask a question about sb32 before it's batched sure okay i'd like to if you get recognized by the speaker you can okay that's what i'd like to to do you recognize for a question thank you mr. speaker represented web there
was just a lot of discussion before and I want to clarify for some of the members on SB 32 the increase the increase in the appropriation is just for the cola as it has been for a lot of the appropriations that we've seen is that is that correct that is correct and it may not be funded
Speaker 305
1:59:19
but it would probably be dealt with on the individual basis like the state employees or us or
Representative Kathy Webb
Unverified
1:59:25
whoever that that is correct it is only for the colon while I can't speak for the governor's office historically if
other state employees did not get a cola
the governor's office staff did not okay
Speaker 298
1:59:37
thank you represent Smith what purpose question we're playing web
Speaker 115
1:59:42
you want to take question you're recognized represent Smith thank you mr. speaker may
I ask the reason for the hold on Senate bill 106 yes a member asked me
Representative Kathy Webb
Unverified
1:59:56
to remove that from the calendar while they were taking care of some questions okay it's just a
wait-and-see thing right well hopefully those questions will have been answered by
Speaker 298
2:00:15
tomorrow and we'll be able to get it back on
Chair
Unverified
2:00:22
there thank you thank you any other
questions before I have the clerk read the bills. Mr. Clerk, read the bills. Senate Bill 20, Senate Bill 32, Senate Bill 70, Senate Bill 71, Senate Bill 72, Senate Bill 83, Senate
Chair
Unverified
2:00:41
bill 107 members you've had the bills enumerated by the clerk will be voting owns uh in the batch status be voting on the bill and the emergency clause prepare the machine mr Mr. Clark. Everyone voted. Everyone voted. Cast up the ballot by a vote of 86 yea, 0 nay, 4 present.
You have passed the bills and the emergency clause.
Representative Fred Allen
Unverified
2:01:23
Representative Allen, it's your turn. After the announcement, reading of the 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 communication, and any remaining committee reports, I move that we adjourn until 1.30 tomorrow. Robert,
Chair
Unverified
2:01:43
motion non-debatable. All in favor say aye.
Aye. Opposed, no. Motion carried. Representative
Speaker 252
2:01:49
Allen, what purpose? Announcement. you recognize proud caucus in the morning at 7 a.m in the basement room 019 representative level what purpose you recognize uh joint
budget claims 8 a.m big
Representative Buddy Lovell
Unverified
2:02:08
mac b i thank you let me get
Representative Tiffany Rogers
Unverified
2:02:17
representing rogers what purpose but you recognize joint energy will meet tomorrow morning, Tuesday morning
at 8 o'clock in room 149. Representative Stewart, what purpose?
Representative Randy Stewart
Unverified
2:02:30
Announcement. Recognized. The Education Caucus will meet in room 138, 8 a.m.
in the morning. Representative Nichols, what purpose? Announcement. You recognize. The Constitutional
Representative Jim Nickels
Unverified
2:02:39
Issues Subcommittee of the State Agency's Committee will meet upon adjournment in room 130. Thanks, sir. Any further announcements?
Speaker 84
2:02:49
Representative Carter, what purpose? Announcement. Recognized. House revenue tax meet at 10 o'clock in
room 151 with special order and what other other business to be held tomorrow? Thank you. Any other announcements?
Unknown speaker
2:03:49
Thank you.
Thank you.
Thank you.
Read the bills, Mr. Clerk. House Bill 1927 by Representative Summers to amend Arkansas law concerning the Arkansas appraisal rights.
Speaker 320
2:05:39
Without objection, read the bill the second time. House Bill 1927. Insurance and Commerce. House Bill 1928 by Representative Baker concerning the receipt of absentee ballots. Without an objection, read the bill the second time.
House Bill 1928. State agencies. House Bill 1929, by a percent of Kerr and all, considering the membership of a municipal port authority. Without an objection, read the bill the second time. House Bill 1929. City, county, and local. House Bill 1930, by a percent of Kerr and all, considering the membership of a municipal house. Without an objection, read the bill the second time. House Bill 1930. City, county, and local. House Bill 1931, by Representative Collins, to amend the law concerning publication requirements.
Without objection, read the bill the second time. House Bill 1931. City, county, and local. House Bill 1932, by Representative Thompson, to modify the law concerning emergency medical services. Without objection, read the bill the second time. House Bill 1932. Public health. House Bill 1933, by Representative Summers, to authorize the additional exemption from the county building
Speaker 318
2:06:43
requirement under... Without objection, read the bill the second
Speaker 320
2:06:46
time. House Bill 1933, City, County, and Local. House Bill 1934, Representative Summers, to amend Arkansas law concerning...
Exjection, read the bill the second time. House Bill 1934, Insurance of Commerce. House Bill 1935, Representative Summers, an act to exempt alcohol and drug abuse treatment. Exjection, read the bill the second time. House Bill 1935, Public Health. House Bill 1936, Representative Steele, to require school districts
Speaker 318
2:07:11
to prohibit wearing of clothing. Exjection, read the bill the second time. House Bill 1936. Education. House Bill
1937, by Representative Steele, to require a joint study of the fairness of distribution of Arkansas academic challenges.
Speaker 320
2:07:24
I have a reaction. Read the bill a second time. House Bill 1937. Education. House Bill 1938, by Representative Nichols, to amend Arkansas law concerning the judicization of... I have a reaction. Read the bill a second time. House Bill 1938. Bill McGill. House Bill 1939, by representative Nichols, to enhance the regulation of health care providers. Do I have objection to read the bill the second time? House Bill 1939, Public Health. House Bill 1940, by representative Nichols, to establish fairness, transparency, and complete...
Do I have objection to read the bill the second time? House Bill 1940, Public Health. House Bill 1941, by representative Nichols, to amend Title VII, Chapter II of the Arkansas Code with regard to the... Do I have objection to read the bill the second time? House Bill 1941, State Agencies. House Bill 1942 by Representative Lamkin to amend Arkansas law considering the membership of State Parks
Speaker 318
2:08:14
Recreation. I have a objection. Read the bill a second time. House Bill 1942. Agro and Economic Development. House Bill 1943 by Representative Dallin Act to provide the Arkansas Natural Resources Commission.
Speaker 320
2:08:25
I have a objection. Read the bill a second time. House Bill 1933. Public Health. House Bill 1944 by Representative Perry to create statewide wiretap authority for law
Speaker 318
2:08:35
enforcement agencies. I have a objection. Read the bill a second time. House Bill 1944 Judiciary House Bill 1945
Speaker 320
2:08:42
I represent Perry regarding the 911 recording of the victims of violent crime Without objection, read the bill the second time House Bill 1945 Judiciary House Bill 1946 to amend the law related to the minimum mandatory motor vehicle liability insurance
Speaker 318
2:08:57
Without objection, read the bill the second time House Bill 1946 Transportation House Bill 1947, by representative of
Speaker 320
2:09:03
Perry, to amend provisions of the Arkansas Scholarship Lottery. Without objection, read the bill the second time. House Bill 1947, rules. House Bill 1948, by representative of Perry, to amend
various provisions of Arkansas Code. Without objection, read
Speaker 320
2:09:18
the bill the second time. House Bill 1948, rules. House Bill 1949, by representative of Perry, to allow an employee... Without objection, read the bill the second time. House Bill 1949, transportation.
House Bill 1950, by our representative of Edwards and Carter, to amend the state. Read the bill the second time. House Bill 1950. Rules. House Bill 1951, by our representative of Lee and Act, to amend the Arkansas Revenue Stabilization Law. Without objection, read the bill the second time. House Bill 1951. Joint budget. House Bill 1952, by our representative of Roebuck and Cheatham, to amend Arkansas Code and... Without objection, read the bill the second time. House Bill 1952. Rules. House Bill 1953 by Representative Roebuck to allow law enforcement. Read the bill the second time.
House Bill 1953. Transportation. House Bill 1954 by Representative Nichols to amend Arkansas law. Without objection, read the bill
Speaker 318
2:10:12
the second time. House Bill 1954. State agencies. House Bill 1955 by Representative McCrary. Without objection, read the bill the second time. House Bill 1955. Agro and Economic Development. House Bill 1956 by Representative Lee and Sanders. Without objection,
Speaker 320
2:10:26
read the bill the second time. House Bill 1956 Rules House Bill 1957 by our percent of Cheatham
Speaker 318
2:10:32
Concerning public school facilities That objection, read the bill
Speaker 320
2:10:37
the second time House Bill 1957 Education House Bill 1958 by our percent of King To allow conciliations House Bill 1958 Judiciary House Bill 1959 by our percent of King To amend the laws regarding the funds That objection, read the bill the second time House Bill 1959 State agencies House Bill 1960 by Representative King regarding the judicial districts of Carroll County. Lóg願 of objection to read the bill the second time. House Bill 1960.
Judiciary. House Bill 1961 by Representative King. Lóg願 of objection to read the bill the second time. House Bill 1961. Judiciary. House Bill 1962 by Representative King, to address issues surrounding subordinate service districts in a county. Lóg願 of objection to read the bill the second time. House Bill 1962. City, county, and local. House Bill
Speaker 318
2:11:24
1963, by Representative King, concerning post-secondary remediation of students. That objection to read the bill the second time. House Bill 1963. Education House Bill 1964, by Representative King,
Speaker 320
2:11:35
That objection to read the bill the second time. House Bill 1964. Revenue and tax. House Bill 1965, by��게요 and warden seemscount. That objection to read the bill the second time. House Bill 1965. Public Health. House Bill 1966, by Representative Torrey. That objection to read the bill the second time. House Bill 1966 Public Health House Bill 1977 by Representative Cheatham Without objection to read the bill the second time House Bill 1967 Education House Bill 1968 by Representative Cheatham
Speaker 318
2:12:07
Without objection to read the bill the second time House Bill 1968 Education House Bill 1969 by Representative Cheatham Without objection to read the bill the second time House Bill 1969 State agencies. House Bill 1970 by Representative Altus. Without objection, read the bill the second time. House Bill 1970. Rules. House Bill 1971 by Representative Edwards. Without
Speaker 320
2:12:32
objection, read the bill the second time. House Bill 1971. Aging children and youth.
Speaker 318
2:12:38
House Bill 1972 by Representative Gillum. Without objection, read the bill the second time. House Bill 1972. Agro and Economic Development. House Bill 1973, Barbara Sanchez Gilmore. Without objection to read the bill a second time. House Bill 1973. Judiciary. House Bill 1974, Barbara Sanchez Gilmore. Without objection to read the bill a second time. House Bill 1974. Transportation. House Bill 1975, Barbara Sanchez Harris. Without objection to read the bill a second time.
House Bill 1975. Aging children and youth. House Bill 1976, Barbara Sanchez Harris. Without objection to read the bill a second time. House Bill 1976. Education. House Bill 1977 By Representant Westerman. Without objection, read the bill a second time. House Bill 1977. Education. House Bill 1978 By Representant Westerman. Without objection, read the bill a second time. House Bill 1978. City, county, and local affairs. House Bill 1979 By Representant Westerman in care.
Without objection, read the bill the second time. House Bill 1979. Global Health. House Bill 1980, by represent of Westerman. Without objection, read the bill the second time. House Bill 1980. Agri and Economic Development. House Bill 1981, by represent of Edwards. Without objection, read the bill the second time. House Bill 1981. Insurance and Commerce. House Bill 1982, by represent of Meeks. Without objection, read the bill the second time. House Bill 1982. Judiciary. House Bill 1983, Rep. Meeks
Without objection, read the bill a second time House Bill 1983, Public Health House Bill 1984, Rep. Viviano Without objection, read the bill a second time House Bill 1984, State Agencies House Bill 1985, Rep. Viviano Without objection, read the bill a second time House Bill 1985, Public Health House Bill 1986,
Speaker 320
2:14:33
Rep. Viviano Without objection, read the bill the second time.
Speaker 23
2:14:50
Insurance and Commerce. House Bill 1986. Thank you.
Speaker 318
2:15:39
indeed Mr. Clerk House resolution 1023 percent Tyler Chativer House resolution 1023 confer doin House resolution 1024 House resolution 1025 Transportation House Resolution 1026, by Representative Hopper.
Without objection, read the bill a second time. House Resolution 1026, Agrite Economic Development. House Resolution 1027, by Representative Summers and All. Without objection, read the bill a second time. House Resolution 1027, Aging Children and Youth. House Resolution 1028, by Representative Powers. Without objection, read the bill a second time. House Resolution 1028, Aging Children and Youth. resolution 1029 worth in wilkins objection review del the second
Speaker 320
2:16:40
time house resolution 1029 aging children and youth house resolution 1030 biiscilla
Speaker 318
2:16:46
fix and all that has shown revealed a second half house resolution 1030 aging children and youth house resolution 1031 version of warden all that is actually the bill saying a house resolution 1031 aging children and youth house resolution 1032 bar By percent of Cheatham? Got of rejection to read the bill a second time. House Resolution 1032. Aging and economic... Excuse me, ag bargain, economic development. House Resolution 1033. By percent of Woods? Got of rejection, read the bill a second time.
House Resolution 1033. Aging, children, and youth. House Memorial Resolution 1005. By percent of Klemmer and Baker? Got of rejection, read the bill a second time. House Memorial Resolution 1005. Aging, children, and youth. House Concurrent Memorial Resolution 1001 by Representative Carter Without objection, read the bill the second time House Concurrent Memorial Resolution 1001 Aging Children and Youth
Agenda
Invocation
Roll Call
SB345(Amendment)
HB1305
HB1526
HB1596
HB1543
HB1451
HB1457
HB1232
HB1555
HB1772
HB1483
HB1637
HB1742
HB1532
HB1608
HB1504
HB1741
HB1776
HB1778
HB1304
SB207
SB333
SB179
SB263
SB304
SB335
SB312
SB496
SB379
Budget Calendar
HB1231
HB1310
HB1327
HB1333
HB1377
HB1423
HB1506
HB1650
HB1661
Announcements
Reading of Bills
Documents
No documents posted.
Speakers
Speaker 1
Representative Tracy Pennartz
Unverified
Speaker 16
Speaker 24
Speaker 25
Speaker 27
Chair
Unverified
Representative Johnnie J. Roebuck
Unverified
Representative Uvalde Lindsey Chair
Unverified
Representative Jeff Wardlaw
Unverified
Speaker 47
Representative Darrin Williams
Unverified
Speaker 58
Representative Barry Hyde
Unverified
Representative John W. Walker
Unverified
Speaker 82
Speaker 84
Speaker 42
Speaker 88
Speaker 89
Representative David "Bubba" Powers
Unverified
Representative Garry L. Smith Chair
Unverified
Representative Homer Lenderman
Unverified
Representative Terry Rice
Unverified
Representative Tim Summers
Unverified
Speaker 110
Representative Debra M. Hobbs
Unverified
Representative Efrem Elliott Chair
Unverified
Speaker 160
Representative Charlie Collins
Unverified
Representative Lori Benedict
Unverified
Speaker 176
Representative Tommy Thompson
Unverified
Speaker 179
Speaker 182
Representative John Charles Edwards
Unverified
Representative Walls McCrary
Unverified
Representative Jonathan Barnett Chair
Unverified
Representative Jim Nickels
Unverified
Representative Linda Collins-Smith
Unverified
Speaker 208
Representative Leslee Milam Post
Unverified
Speaker 127
Representative Linda S. Tyler
Unverified
Representative Greg Leding
Unverified
Speaker 223
Representative Davy Carter Chair
Unverified
Speaker 229
Speaker 231
Representative John T. Vines Chair
Unverified
Representative Randy Stewart
Unverified
Representative Tiffany Rogers
Unverified
Speaker 241
Representative Fred Allen
Unverified
Speaker 247
Speaker 252
Speaker 258
Speaker 262
Speaker 267
Speaker 254
Speaker 257
Representative Tommy Wren
Unverified
Representative Josh Johnston
Unverified
Speaker 283
Representative Kathy Webb
Unverified
Speaker 117
Speaker 289
Speaker 293
Speaker 294
Speaker 31
Speaker 153
Representative John Burris
Unverified
Speaker 305
Speaker 298
Speaker 115
Representative Buddy Lovell
Unverified
Speaker 23
Speaker 320
Speaker 318