March 1, 2011
Video
Transcript
Bills discussed (34)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
HB1257
· 4 mentions in transcript, chapter
Matched: “Mr. Clerk, read HB 1257. House Bill 1257”
|
Pre-2017 bill | ||
|
HB1605
· 4 mentions in transcript, chapter
Matched: “bill and the emergency clause mr clerk read house bill 1605 house bill 1605 by house management”
|
Pre-2017 bill | ||
|
HB1371
· 2 mentions in transcript, chapter
Matched: “…pposed, no. Ayes have it. Clincher adopted. Mr. Clerk, read House Bill 1371.”
|
Pre-2017 bill | ||
|
HB1135
· 1 mention in chapter
Matched: “HB1135”
|
Pre-2017 bill | ||
|
HB1140
· 1 mention in chapter
Matched: “HB1140”
|
Pre-2017 bill | ||
|
HB1317
· 1 mention in transcript
Matched: “…aker, we are committee on public health to whom is referred House Bill 1317 by Representative Tyler. I believe the report would have th…”
|
Pre-2017 bill | ||
|
HB1428
· 1 mention in transcript
Matched: “…ker, we are Committee on Public Health, to whom is referred House Bill 1428, by our percent of Hutchinson. House Bill 1593, by our perc…”
|
Pre-2017 bill | ||
|
HB1433
· 1 mention in transcript
Matched: “…eaker, we are a committee on Education to whom was referred House Bill 1433 by a percent of Roebuck. House Bill 1527 by Representative…”
|
Pre-2017 bill | ||
|
HB1483
· 1 mention in transcript
Matched: “…are a committee on public transportation whom was referred House Bill 1483 by Representative Edwards House Bill 1497 by Representative…”
|
Pre-2017 bill | ||
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HB1489
· 1 mention in chapter
Matched: “HB1489”
|
Pre-2017 bill | ||
|
HB1493
· 1 mention in transcript
Matched: “whom is referred House Bill 1493 by Representative Hall, House Bill 1603 by Representative W…”
|
Pre-2017 bill | ||
|
HB1497
· 1 mention in transcript
Matched: “…whom was referred House Bill 1483 by Representative Edwards House Bill 1497 by Representative Lee and House Bill 1559, by our percent o…”
|
Pre-2017 bill | ||
|
HB1527
· 1 mention in transcript
Matched: “…whom was referred House Bill 1433 by a percent of Roebuck. House Bill 1527 by Representative Cheatham House Resolution 1020 by Represe…”
|
Pre-2017 bill | ||
|
HB1546
· 1 mention in chapter
Matched: “HB1546”
|
Pre-2017 bill | ||
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HB1547
· 1 mention in transcript
Matched: “…are Committee on Revenue and Taxation, to whom is referred House Bill 1547, by our percent of Lovell. Begley, report we've had the sam…”
|
Pre-2017 bill | ||
|
HB1559
· 1 mention in transcript
Matched: “…sentative Edwards House Bill 1497 by Representative Lee and House Bill 1559, by our percent of Kerr. Begley, report we've had the same.…”
|
Pre-2017 bill | ||
|
HB1593
· 1 mention in transcript
Matched: “…is referred House Bill 1428, by our percent of Hutchinson. House Bill 1593, by our percent of Allen. House Bill 1594 by Representative…”
|
Pre-2017 bill | ||
|
HB1594
· 1 mention in transcript
Matched: “…nt of Hutchinson. House Bill 1593, by our percent of Allen. House Bill 1594 by Representative Allen. Senate Bill 359 by Senator Johnson…”
|
Pre-2017 bill | ||
|
HB1603
· 1 mention in transcript
Matched: “whom is referred House Bill 1493 by Representative Hall, House Bill 1603 by Representative Williams, Senate Bill 168 by Senator John…”
|
Pre-2017 bill | ||
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HR1020
· 1 mention in transcript
Matched: “…cent of Roebuck. House Bill 1527 by Representative Cheatham House Resolution 1020 by Representative Letting”
|
Pre-2017 bill | ||
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SB114
· 1 mention in chapter
Matched: “SB114”
|
Pre-2017 bill | ||
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SB138
· 1 mention in transcript
Matched: “Senate Bill 138 by Senator Key and Senate Bill 384 by Senator Fletcher Begl…”
|
Pre-2017 bill | ||
|
SB168
· 1 mention in transcript
Matched: “…sentative Hall, House Bill 1603 by Representative Williams, Senate Bill 168 by Senator Johnson, Senate Bill 179 by Senator Dismayne, Se…”
|
Pre-2017 bill | ||
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SB179
· 1 mention in transcript
Matched: “…epresentative Williams, Senate Bill 168 by Senator Johnson, Senate Bill 179 by Senator Dismayne, Senate Bill 262 by Senator Thompson, S…”
|
Pre-2017 bill | ||
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SB262
· 1 mention in transcript
Matched: “…68 by Senator Johnson, Senate Bill 179 by Senator Dismayne, Senate Bill 262 by Senator Thompson, Senate Bill 291 by Senator Boletzo.”
|
Pre-2017 bill | ||
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SB29
· 1 mention in transcript
Matched: “budget, whom is referred to Senate Bill 29 by Joint Budget Committee. Beg we report we have the same u…”
|
Pre-2017 bill | ||
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SB291
· 1 mention in transcript
Matched: “…9 by Senator Dismayne, Senate Bill 262 by Senator Thompson, Senate Bill 291 by Senator Boletzo.”
|
Pre-2017 bill | ||
|
SB33
· 1 mention in chapter
Matched: “SB33”
|
Pre-2017 bill | ||
|
SB333
· 1 mention in transcript
Matched: “…er, we are a committee on Judiciary to whom was referred to Senate Bill 333 by Senator Dismang. Beg leave the report. We have the same.…”
|
Pre-2017 bill | ||
|
SB359
· 1 mention in transcript
Matched: “…percent of Allen. House Bill 1594 by Representative Allen. Senate Bill 359 by Senator Johnson. I believe the report would have the sam…”
|
Pre-2017 bill | ||
|
SB384
· 1 mention in transcript
Matched: “Senate Bill 138 by Senator Key and Senate Bill 384 by Senator Fletcher Begley to report we have the same under…”
|
Pre-2017 bill | ||
|
SB70
· 1 mention in chapter
Matched: “SB70”
|
Pre-2017 bill | ||
|
SB72
· 1 mention in chapter
Matched: “SB72”
|
Pre-2017 bill | ||
|
SB9
· 1 mention in chapter
Matched: “SB9”
|
Pre-2017 bill |
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Representative Bobby J. Pierce
Unverified
0:00
Guest in the gallery to stand and be led in prayer by Reverend Archie Thomas, Living World Church of God in Christ, guest of Tommy Lee Baker. And
Speaker 3
0:11
remain standing for the pleasure of the legion to be led by Representative Billy
Speaker 5
0:24
Gaskell. God of heaven and earth, we bless thee by the mercy of God.
that Thou would look upon this General Assembly with grace. We pray for our leaders and the decision-makers in this great state of Arkansas. We pray for wisdom, unity, direction, peace, progress, and prosperity. Now may the Lord, Thou God, bless Thee and keep Thee. The Lord make Thy face shine upon Thee and be gracious unto Thee. the Lord lift thy countenance upon thee
and give thee peace in the name
Speaker 7
1:10
of the Father, Son and the Holy Spirit, Amen Indicate your presence by pushing
Representative Bobby J. Pierce
Unverified
1:30
the yellow present button.
Unknown speaker
1:33
Prepare the machine, Mr. Clerk. Cast up the ballot, Mr. Clerk.
Representative Bobby J. Pierce
Unverified
2:10
Ninety-five members present. Chair, seat the quorum. Mr. Baker, what purpose? Leave for Representative Edwards. Leave granted
Speaker 13
2:22
for Representative Edwards. Mr. Love. leave for representative post leave for
Representative Bobby J. Pierce
Unverified
2:32
representative post representative elliott thank you mr speaker
Speaker 3
2:40
leave for representative hubbard leave for representative hubbard any more requests for leave representative eddie cheatham moves We dispense the reading of the previous day of the journal. No objections. So ordered. Are there any reports from the select committees? Read the reports, Mr. Clerk.
Speaker 18
3:10
Mr. Speaker, we are a committee on joint
Chair
Unverified
3:13
budget, whom is referred to Senate Bill 29 by Joint Budget Committee. Beg we report we have the same under consideration.
Speaker 10
3:24
Herewith return the same with the recommendation that do pass.
Speaker 18
3:29
Respectfully submitted, Kathy Webb, Chair. Standing committees, Mr. Mr. Speaker, we are a committee on Judiciary to
Chair
Unverified
3:35
whom is referred House Bill 1493 by Representative Hall, House Bill 1603 by Representative Williams, Senate Bill 168 by Senator Johnson, Senate Bill 179 by Senator Dismayne, Senate Bill 262 by Senator Thompson, Senate Bill 291 by Senator Boletzo.
Beg leave the report. We have the same. Under consideration and herewith return the same with the recommendation that it do pass. Mr. Speaker, we are a committee on Judiciary to whom was referred to Senate Bill 333 by Senator Dismang. Beg leave the report. We have the same. Under consideration and herewith return the same with the recommendation that it do pass as amended. Respectfully submitted. Darren Williams, Chair. Mr. Speaker, we are a committee on Education to whom was referred House Bill 1433 by a percent of Roebuck. House Bill 1527 by Representative Cheatham House Resolution 1020 by Representative Letting
Senate Bill 138 by Senator Key and Senate Bill 384 by Senator Fletcher Begley to report we have the same under consideration and herewith return the same with the recommendation that they do pass respectfully submitted. Eddie Cheatham, Chair Mr. Speaker, we are a committee on public transportation whom was referred House Bill 1483 by Representative Edwards House Bill 1497 by Representative Lee and House Bill 1559, by our percent of Kerr. Begley, report we've had the same. Under consideration, herewith return the same, with the recommendation that they do pass. Respectfully submitted, Jonathan Barnett, Chair.
Mr. Speaker, we are Committee on Revenue and Taxation, to whom is referred House Bill 1547, by our percent of Lovell. Begley, report we've had the same. Under consideration, herewith return the same, with the recommendation that they do pass as amended. Respectfully submitted, Davey Carter, Chair. Mr. Speaker, we are Committee on Public Health, to whom is referred House Bill 1428, by our percent of Hutchinson. House Bill 1593, by our percent of Allen. House Bill 1594 by Representative Allen. Senate Bill 359 by Senator Johnson. I believe the report would have the same under consideration here with the return of the same with the recommendation that they do pass.
Mr. Speaker, we are committee on public health to whom is referred House Bill 1317 by Representative Tyler. I believe the report would have the same under consideration here with the return of the same with the recommendation that do pass as amended, respectfully submitted. Linda Tyler, Chair. Is there any
Speaker 23
5:37
unfinished business? Are there any executive communications? Morning hour is expired.
Representative Bobby J. Pierce
Unverified
6:01
When we look over to our left in the gallery, We have guests of Representative Wagner and Representative Tommy Baker of the Gladwell Middle School. We have the Arkansas Work, College, and Career Coach Program in the East Gallery. Representative Eddie Cheatham.
Mr. Clerk, read HB 1257. House Bill 1257
Chair
Unverified
6:43
by Representative Ingram to allow credit for sales or use taxes paid to another state for the purchase of a motor vehicle
or trailer or semi-trailer. Representative Ingram, you're recognized to explain the bill. Thank you, Mr.
Representative Keith M. Ingram
Unverified
7:00
Speaker. House Bill 1257, I sort of coined the do right rule.
There's about three states, maybe four in the United States, that do not reciprocate a sales tax with Arkansas. And if you have not had a constituent that has a problem with this, just wait long enough and you'll have a constituent that has a problem. Indiana, Wisconsin, and Florida, if you buy a car in those three states, they charge you sales tax. Where every other state in the country rebates that sales tax, those three don't to Arkansas.
So typically what happens is if you're on a family vacation and your car breaks down and you have to buy a new car, when you come back to Arkansas, when you go to license that car, you get hit with a sales tax. Senator Key just had an instance where somebody bought an antique car in another state, and when they brought it back to Arkansas, they had to pay a second sales tax. The fiscal impact of this on the state of Arkansas is $15,000. It happens about four or five times a year.
So in fairness to people that are not aware of this, the do-right rule, I just believe this is a good bill. and I would ask you to vote for it. I'll be happy to take any questions anybody might have. If not, thank
you very much. Representative Hutchinson, what purpose? Yes, ma'am. Representative Hutchinson, what purpose? Questions, sir? You're recognized. I
Representative Donna Hutchinson
Unverified
8:36
understand the thought process. Wouldn't we want to encourage them to buy these vehicles in the state of Arkansas
rather than going to outside states?
Representative Keith M. Ingram
Unverified
8:45
I think that if you heard the states that I mentioned, In Indiana, Florida, Wisconsin, these are people that are caught in circumstances maybe beyond their control. And one instance I know of that happened about three or four years ago was an individual who was very excited, found a car that he wanted in Indiana, and instead of taking delivery
on it in arkansas he drove up flew up to indiana and drove the car home where to his surprise he got hit with a second sales tax as as it is we have pretty well in the country gone to a reciprocal sales tax other than these three states so it's not going to impact our car dealers here at all it just impacts people that simply are not aware they're going to have to pay sales tax twice Again, I'd appreciate a good vote. Members, you heard an explanation of the bill.
Anyone who wishes to speak against the bill? For the
bill, close to the bill, Representative Ingram. Question for the House, passive House Bill 1257. Prepare the machine, Mr. Clerk. Members, you're voting on
Speaker 45
10:03
the bill and the emergency clause. Has everyone voted? Everyone voted. voted cast
up the ballot mr clerk by a vote of 89 yay zero nays zero present you have passed the
bill and the emergency clause mr clerk read house bill 1605 house bill 1605 by house management
Chair
Unverified
10:25
committee and act for the arkansas house represent representatives staff appropriation for the 2011 2012 fiscal year representative you're recognized
to explain the bill thank you mr.
Representative Barry Hyde
Unverified
10:44
speaker members house house bill 1605 is the house operations budget for
the coming year that is that is handled by the house management committee which is vice chairman Duncan Baird Duncan Baird representative Slinkard Barnett Tyler word and and the speaker mr. Moore Tyler myself Barnett slinkered and Duncan Baird were able to meet the other day to finalize this it's been in progress since actually last summer as you can imagine when we began work on this budget the speaker made a request and gave us a target to try and reduce
this budget by 1 million dollars this year and I'm glad to announce to you that we were able to meet that that request from the speaker and we have in fact reduce this budget request by one million dollars the permanent positions in the house have been reduced by five since 2001 two of those positions were removed or reduced in the last two years the temporary positions are down by 21 this year there there was a question mr. gene had about the cola that is
provided in the budget for house employees it is it is budgeted but it won't go into effect until such time as we assume the governor will put it into effect for the rest of the state employees and the house management committee would have to convene and vote to go ahead and approve and apply the cola increase for those house employees but but like I said we do budget for it all positions are flat and this does not include any merit raises just the cola So, is there any questions, members?
I sure need a good vote on
this, and I think the staff
Representative Donna Hutchinson
Unverified
12:40
appreciates it as well. Representative Hutchinson, what purpose? Question. Recognized. Thank you very much for your explanation. I am wondering about maybe a case of gender discrimination. Mr. Reap's job assignment was to take care of the freshmen, and Sherry Stacks has been taking care of all of us, working much longer hours, and yet their pay scale is very different. Could you explain that?
Speaker 58
13:02
Would you like to offer an amendment to
Representative Donna Hutchinson
Unverified
13:06
increase Sherry's salary? I was wondering if we need Mr. Reap's position after we
Representative Barry Hyde
Unverified
13:11
leave. I really can't answer that for you, but I'm sure that, you know, that's probably a question to
be asked to be honest with you, purely honest with you, a question for you to ask of the speaker. I think that's who's made that
motion. Could I not vote for that? I'll be happy to answer that question, Representative Hudson. Representative Reap is employed for the duration of the session.
He is currently in constituency services. As you know, Mr. Stovall is head of constituency services. We move to the end of the session. Mr. Reap is assisting Mr. Stovall, and his services will be over when we end the session. Members, I'd
What purpose? Question? Representative Hyde, Representative English, you are recognized for question.
Representative Jane English
Unverified
14:10
So what you're telling me here is that there are
Representative Barry Hyde
Unverified
14:18
no raises. Is that what I'm hearing? There are no merit increases in this budget. We are budgeting for COLAs. Cost of living increases are
Speaker 69
14:30
budgeted for, but they are not granted. So the $149,000 or whatever, and last time
Representative Jane English
Unverified
14:36
it was less than that, is that the cap, $149,000?
Representative Jane English
Unverified
14:44
talking about, Representative. Well, $143,000 for Tim Massanelli. His salary would go up to $143,000. Is that the cap, is what I'm asking you. Yeah, you're looking at
Representative Barry Hyde
Unverified
14:57
the max rate for that position. And as we calculate a COLA and we budget it for, it is budgeted off the max rate
for that position. But if we grant the COLA to Tim Massanelli, if that's your question about Tim Massanelli,
that is only going to apply to his base salary, to what his current salary is. Does that make sense? In other words, the COLA would be calculated off of his actual salary. Her
percentage would be applied. However, in the purposes of budgeting, it is budgeted off the max for that position. Okay,
Representative Jane English
Unverified
15:34
so these would only go into effect if the governor says that everybody's getting a salary increase. And the House
Representative Barry Hyde
Unverified
15:43
Management Committee would meet, and it would take an affirmative vote of the committee to go ahead and apply
or approve the COLA for the staff.
This is just the budgeting process. Thanks. Representative Viviano, what purpose? Question. Do you
Representative Mark Biviano
Unverified
16:03
recognize? Representative Hyde, could there be a scenario where perhaps all the other state employees did not receive a COLA, but the house members staff did it's possible it could happen so this this bill will allow that potentially to happen well
Representative Barry Hyde
Unverified
16:24
this bill budgets for what
may happen you know when we do budgeting in advance we don't know what's going to happen down the road so we have to kind of go into it trying to be at properly prepared for whatever circumstances might present themselves so if if if the uh the rest of the state goes forward with the cola i would expect that the house management committee will convene probably at the request of the speaker and and we would vote to approve that cola if
the rest of the state employees didn't receive that cola and and someone in the committee or the Speaker wanted us to consider it, I think we would have to
sit down and consider it. But it would take an affirmative vote of the committee to apply the COLA to approve it. Thank you.
Representative Hutchinson, for what purpose? Two questions.
Representative Donna Hutchinson
Unverified
17:21
Recognize. I understand correctly that this did not go through joint budget.
You understand correctly. Will this take 75 votes or 51 votes on the floor
Speaker 84
17:36
to pass today? I'm not exactly, I'm not positive. 75. And for your information,
Representative Barry Hyde
Unverified
17:42
Representative, since you and I have been here, this budget has never gone to joint budget. This is the House operations budget. We don't normally put our budget for our operations before the Senate other than for approval. And their budget is handled the same way.
It'll just come down here for our affirmation. Last question, please.
Representative Walker, what purpose? I'm sorry. Representative Clemmer doesn't stand
quite as tall as you do, Representative Walker. I believe she was up before you. I'll
recognize Representative Clemmer for a question. I just wanted
Representative Ann V. Clemmer
Unverified
18:19
to be clear. We're raising the maximum. We're
raising the top cap for these positions. Is that correct? We're not awarding it. We're just raising their potential for those positions.
Representative Barry Hyde
Unverified
18:33
For the purposes of the budget for the coming fiscal
Representative Ann V. Clemmer
Unverified
18:39
year. But we're raising the max because of people at the max or
Representative Barry Hyde
Unverified
18:44
we wouldn't need to raise it. Is that correct? I never, from your earlier question, we never had time to go back and see how many, if any, employees are actually at the max. I can't answer that question. We just know that we treat these as positions. But you're correct. In this
COLA, for the purpose of budgeting, it increases the max for that position.
Representative Ann V. Clemmer
Unverified
19:03
I'm just, and I want to ask
the question, I certainly want all of our staff to be paid well. I'm sure. But I also work at another institution where the staff look at me and go, your people that are doing the same thing we're doing get paid twice as much as we do. Are we creating sort of a special category that are going to be eligible for much higher pay than their counterparts in the rest of state employment is my concern.
And, I mean, are we going to be, are we setting a precedent? Representative, I
Speaker 72
19:41
don't think we're setting a precedent. I think we're taking care of the
Representative Barry Hyde
Unverified
19:49
House's business. Okay. Thank you, Representative Hunt. Thank you,
Speaker 98
19:54
members. I'd appreciate a good vote. Thank you. Members, you've heard the 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 1605.
Prepare the machine, Mr. Clerk. Members voting on the bill
and the emergency clause. Everyone voted. Everyone voted. Cast up the ballot by a vote of 78 yea, 15 nay, 0 present. You have passed the bill and the emergency clause. Representative Hyde moves to clincher. All in favor say aye. Aye. Opposed, no. Ayes have it. Clincher adopted. Mr. Clerk, read House Bill 1371.
Chair
Unverified
20:46
House Bill 1371, Representative Carr, and all act to create an alternative procedure to obtain title of a motor vehicle where it is a total
loss settlement. Representative Carr, you are recognized to explain the
Representative Davy Carter
Unverified
21:06
bill. Thank you, Mr. Speaker. Members, this is a good consumer protection bill. Probably the best
Representative Allen Kerr
Unverified
21:11
way to describe it or explain it to you is to give you a scenario.
Someone has a car accident, a pretty serious one. The car is totaled. The driver is, shall we say, in the hospital. And the insurance company is wanting to total this car, but this person's spouse cannot find the title to the car because most likely he put it in a safe place where he'd be able to get to it quickly. as you know if if you're like me that's usually means it's lost um insurance company can't total
a car or buy your salvage from you until they have that title and what this bill does this allows an insurance company to have a parts only title and um expedite the purchase of that the remains of that vehicle so that they can sell that salvage this actually gets you you back into another car faster. If you've ever had to apply for a lost auto title, it takes several weeks, sometimes months, in order to get that back. This allows us to expedite that in a
very short period of time and get that customer back on the road and back in their car. This is especially important if that vehicle is the only vehicle that family has to drive, and they can turn around and buy another one. There's no impact financially. DF&A has signed off on it. There's a provision in here that takes care of the banks. If there's a bank loan on the vehicle, all that's taken care of.
Speaker 104
22:53
And with that, I'll be glad to take any questions.
I've just heard an explanation of the bill. Representative Love, what purpose? Questions? You're recognized. is there
Representative Fredrick J. Love
Unverified
23:05
any no opposition to this bill is there any opposition no sir none that I
Representative Allen Kerr
Unverified
23:10
know of it had a unanimous vote in committee thank you members appreciate
a good vote members heard the explanation of the bill anyone wishing to speak against the bill for
the bill not the question for the house passage of house bill 1371 prepare the machine Mr. Clerk
Everyone voted? Everyone voted. Cast up the ballot by a vote of 93 yea, 0 nay, 0 present. You have passed the bill. Members, I'd like to take a moment to recognize our Doctor of
the Day, Dr. Andrew Monfee from Russellville. Please join in giving him a big welcome. I want to give a special little plug for Dr. Monfie.
I had occasion to go see him this morning, and he prescribed no medication, but I feel much better. So I would encourage you, if you're down now, to go see Dr. Monfie. Thank
you for being here with us. Mr. Clerk, read House
Speaker 49
24:24
Bill 1489. House Bill 1489 by Representative Steele to clarify the purpose, duties,
Chair
Unverified
24:29
and operations of the Arkansas Student Loan Authority. Representative Steele, you're recognized to explain the bill. Thank you, Mr. Speaker. House Bill 1489 simply updates and removes obsolete language
from the Arkansas Student Loan Authority statute, which was originally written in 1976. What happened was the federal government passed legislation that says that states can no longer originate loans, but they saw the value in having these loan structures, and they did allow states to continue to service loans. So this just takes out that language from the Arkansas Student Loan Authority and includes the new language so they would be now more of a service agency than actually originating loans.
Thank you very much. Appreciate 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 1489. Prepare the machine, Mr. Clerk. Everyone voted?
Has everyone voted? Cast up the ballot. By vote of 71 yea, 14 nays, 0 present.
You have passed the bill. Mr. Clerk, read House Bill
Chair
Unverified
25:53
1135. House Bill 1135 by Representative Stewart to repeal the choice to rescind retirement under the Arkansas
Teacher Retirement System. Representative Stewart, you're recognized.
Explain the bill. Thank you, Mr. Chair, or Mr. Speaker. House Bill 1135 is an ATARS bill that takes away the right of a person to rescind retirement, come back to work, and continue to enhance his retirement by working at a longer date.
Out of the 30,000 current employees, only two people are doing this. In the last year, our last session, we did pass a new law that says a person can stay out of retirement 180 days and come back to work, continue to draw their retirement, but they no longer enhance their retirement benefits. In other words, they can draw their retirement and come back to work and draw a salary. Under this law that we're talking about now, you can rescind your retirement, stop drawing your retirement check, after one year, you start to accrue additional benefits and later retire with an improved
benefit. The only two or three occasions that it's been used has been by people who've come back with a very lucrative job, maybe a superintendent who come back and got an enormous pay raise, and they come back and work two or three years, and it's been kind of a financial drain onto the system and since we have a provision now where they can come back after they retire and continue to work they felt this is no longer needed like I said
out of the 30,000 people only two are taking advantage of it and I'd appreciate a good vote
members heard an explanation of the bill anyone wishing
speak against the bill for the bill not question for the house passage of house Passed bill 1135, prepare the machine, Mr. Clerk. Members voting on the bill and the emergency clause, has everyone voted? Everyone voted. Cast up the ballot by a vote of 93, yea, 0, nay, 0, present. You have passed the bill and the emergency
clause. Members have another special guest up in the gallery, I want to recognize my predecessor
and the House of Representatives, Mr. Randy Rankin. Glad you're back with us, Randy. Always a pleasure to see you. Mr.
Clark, read House Bill 1140. House Bill 1140,
Chair
Unverified
28:27
by our representative Nichols, to prevent inadequacy in the calculation of
Speaker 49
28:31
final average salary by removing the anti-spiking provision for a major gap of employment under the Arkansas Teacher Retirement System.
Representative Nichols, you're recognized to explain the
Representative Jim Nickels
Unverified
28:42
bill. Thank you, Mr. Speaker. The purpose of this bill is kind of a cleanup piece of legislation. When they were rushing this through last session, there was an unintended consequence of it, and I think it probably impacts women more than men because women come in and out of the teaching profession. And so if there is a gap, say, of eight years, and they come back and they end up qualifying for retirement,
the anti-spiking provision is really going to limit because it will be based upon those earlier years of service. So this bill is an attempt to take care of that inequity and to not punish these people who have decided to go back into teaching after several years of not being in the profession. So I'd be happy to entertain any questions and would appreciate a good vote.
Thank you. Members, heard an explanation of the bill. Anyone wishing to speak against the bill, for the bill? Not the question for the House.
Passive House Bill 1140, prepare the machine. Mr. Clerk. Has everyone voted? Has everyone voted?
Cast up the ballot, Mr. Clerk, by a vote of 63 yay, 25 nay, and one present. You have passed the bill. Members, there is an
Speaker 45
30:25
emergency clause. Prepare the machine, Mr. Clerk, for a vote on the emergency clause.
Representative Robert S. Moore, Jr.
Unverified
30:30
Members, you're voting on the emergency clause. You're
voting on the emergency clause on House Bill 1140.
Has everyone voted? If everyone voted, cast up the ballot by a vote of 57 yea, 33 nay, and 0 present. The emergency clause has failed. Mr. Clerk, read House Bill 1546. House Bill 1546 by Representative Hutchinson to
Chair
Unverified
31:17
specify the colors of the state flag and require that it be made in the United States.
Representative Hutchinson, you are recognized to explain the bill.
Representative Donna Hutchinson
Unverified
31:33
Thank you, Mr. Speaker. In our code, we have a description of the official Arkansas flag. It describes the pattern, how the stars should look, how the diamonds should look, so we already have an official Arkansas flag. But I have a young man in my district who is a college student and his specialty is in this field, and he noticed that many of the flags that are bought in China and other
places fade in color. They're in very different colors, and they just look cheap. And so he wanted me to introduce this bill that not only requires certain color to be used, but that the flags in government buildings in Arkansas should be bought in America. And And so we've done our research. The Secretary of State already is abiding by this law. All the flags that you receive were bought in America, and they're already using this
special color. We have a flag and banner industry in America where you can buy these flags here in Arkansas. And the top three flag manufacturers in America already are abiding by this law. So this is just putting in the code this special color for Arkansas that's already used and asking everyone that has a government building to please fly the official Arkansas flag that's made in America.
Thank you very much. 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 1546, prepare the machine. Mr. Clerk. Everyone voted? Everyone voted? Cast up the ballot by a vote of 90, yay, 0, nay, 0, present.
You have passed the bill. Mr. Clerk, I mean, members will go down to the yellow budget
calendar. Representative Webb, you are recognized to identify how
I want to proceed on batching our bills today. Thank you, Mr.
Speaker. And as we have been doing for the last few weeks, we wanted to batch these bills.
I want to pull two out initially that I have to prepare some amendments on and bring back tomorrow or the next day. That would be Senate Bill 83 and Senate Bill 106. And I would also like to take Senate Bill 9 separately because it's a supplemental bill, but I would like to include the rest of the bills in the batch unless there are objections. Members, are there
any objections to or any requests to pull any of the other bills out
from the batch? Representative Meeks, for what purpose? Question. You're recognized. Representative Webb, from
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34:51
what I understand, Senate Bill 53 and Senate Bill
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72 are both increases in appropriation, or are those the only two that are increases?
Senate Bill 53 is a decrease in general revenue appropriation, and Representative Meeks, Senate Bill 83 was the second one? Senate Bill 72? 72. 72, yes, is an increase in general revenue appropriation.
Were there any others? Yes. For general revenue, Senate Bill 70, 72, 83, 114. Senate Bill 49 is State Central Services. Thank you. Okay. Representative Burroughs, what purpose? The
request to pull out of the batch.
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35:47
Alright, what's your request, Representative Burroughs? 72,
Senate Bill 72. Okay, well, Mr. Clerk will be taking Senate Bill 72 out of the batch You want that
to be heard separately today, all right? Mr. Clerk, read the bills by Representative Bell.
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36:20
What purpose? I'd like to request additional bills to be removed from the batch for a separate vote. Okay. What's your bill numbers? Senate Bill 33, Senate
Bill 70, and Senate Bill 114. Okay. I have those moved from the batch. Any other requests
before we have the clerk read the batch bills that we'll vote on first? Seeing none, Mr. Clerk, read
the bills that have been identified to be in the batch, please.
Chair
Unverified
36:58
Senate Bill 15, Senate Bill 39, Senate Bill 49, Senate Bill
51, Senate Bill 53, Senate Bill 102. Okay, members, you've
had identified those bills that would be voting on a batch. we'll consider that the explanation
anyone have any questions if not Mr. Clark read
Chair
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37:48
15 Senate Bill 39 Senate Bill 49 Senate Bill 51 Senate bill 53 Senate bill 102 all right
members you've heard bills
identified prepare the machine mr. clerk you're voting on the
bill and the emergency clause everyone voted
as everyone voted cast up the ballot by a I voted 92 yay, 0 nays, 0 present. You have passed the bill, passed the bills and the emergency clause. Okay, Mr. Clerk, read Senate Bill 9.
Chair
Unverified
38:43
Senate Bill 9 by Joint Budget Committee, an act for the Department of Finance and Administration, diversing
officer, supplemental appropriation. Representative Webb, you're recognized
to explain the bill. Thank you, Mr. Speaker. This is a supplemental bill for
$40,000. It's for transportation to the Independence County Juvenile Detention Facility that is in Batesville. It is a 52-bed facility, and we bring folks from all over Arkansas when other facilities are backed up to this facility in Batesville. $40,000.
Speaker 41
39:15
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, passing
Senate Bill 9, prepare the machine, Mr. Clerk. Voting on the bill and the Emergency Clause. Has everyone voted? Everyone voted. Cast up the ballot by a vote of 88, yay, 0, nay, 1 present.
Speaker 120
39:44
You have passed the bill and the emergency clause.
Mr. Clerk, read Senate Bill 70. Oh, you pulled those out to be heard separately. I'm sorry. Mr. Clerk, read Senate Bill 33. Senate Bill 33 by Joint Budget Committee,
Chair
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40:17
an act for the State Board of Embalmers and Funeral Directors appropriation for the 2011-2012 fiscal year. Representative
Webb, you are recognized to explain the bill.
Thank you, Mr. Speaker. This is for the State Board of Embalmers and Funeral Directors. It's a cash appropriation from licenses and various fees. It is an increase of $1,800. 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 Senate Bill 33. Prepare the machine, Mr. Clerk.
Speaker 45
41:02
Voting the bill and the emergency clause.
Everyone voted. Everyone voted. Cast up the ballot. Mr. Clerk, by a vote of 86 yea, 5 nay, 0 present. You have passed the bill and the emergency clause. Mr. Clerk, read Senate Bill 70. Senate Bill 70
Chair
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41:29
by Joint Budget Committee and Act for the Arkansas Ethics Commission Appropriation for the 2011-2012 fiscal year.
Representative Webb, you are recognized to
explain the bill. Thank you, Mr. Speaker. This is the appropriation for the Arkansas Ethics Commission. It is for miscellaneous state agencies. It is an increase of $22,000 in appropriation, and that increase is for salaries and matching. 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, is
passage of Senate Bill 70.
Representative Robert S. Moore, Jr.
Unverified
42:08
Prepare the machine, Mr. Clerk. Voting on the bill and
the emergency clause. everyone voted has everyone voted cast up the ballot I'll vote a 67 yay 24 nay 0 present bill is failed
Ms. Clark, read Senate Bill 72. Senate Bill 72 by Joint Budget
Chair
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42:57
Committee, an act for the Department of Parks and Tourism, Arkansas History Commission, Appropriation for the 2011-2012 Fiscal Year. Representative Webb,
you are recognized. Explain the bill. Thank you,
Mr. Speaker. This is for the Arkansas History Commission in the Department of Parks and Tourism.
There are no increases in position, and there is a $54,000 increase in general revenue appropriation. Members have heard an
Speaker 41
43:25
explanation of the bill. Anyone wishing to speak against
the bill? For the bill, Representative Burris, what purpose?
Representative John Burris
Unverified
43:38
Question. Recognized? Representative Webb, what the increase is for, please,
if you have that information. I do. Okay. There is a requested increase in appropriation for $17,000 in salary, $5,000 in personal
service matching, and there is a requested increase for $32,000 in operation, and that would be to an increase in their rent. representative english what purpose have they moved what purpose
Representative Jane English
Unverified
44:14
representative english my question you're recognized sorry have they have they moved is this
additional location they are located in uh big mac so yes ma'am but
Representative Jane English
Unverified
44:22
their rent has increased yes ma'am and they are
adding people no ma'am no people did you say personal services
is there money in there in that the personal service increase was uh five thousand dollars personal service matching no increase in position thanks representative burris
what purpose question recognized i just have to ask who raises
Representative John Burris
Unverified
44:54
the rent in big mac i mean who makes that decision you said something there i've never heard before
so i'm sorry who makes it is rent was raised and they're located in the big mac building did i
hear that correctly i'm sorry yes that they they are requesting an increase in rent because they're in big mac and that
Representative John Burris
Unverified
45:15
would be a question best directed to the agency i guess and i guess you may not be able to answer the question you just peaked my curiosity on who who raises the ran in that building anyway
Speaker 41
45:29
okay thank you representative wilkins what purpose you
Representative Butch Wilkins
Unverified
45:32
recognize uh representative webb does this money for state parks does this come out of general revenue or are the one-eighth one one-eighth of one percent sales tax money this
money for this particular division comes out of general revenue representative mayberry what
purpose question recognized going back to the rent question for just
Representative Andy Mayberry
Unverified
45:54
a second to help clarify in my mind if the big mac building is a state building and we're raising the rent on them being there does that mean that the state is getting that money back and so this is just somehow
kind of juggling some dollars on the books some way i want to
give you sort of the same answer i gave mr burris to to get us a real specific answer to rent question it would
be best directed to the agency they were not in big mac before they have moved into big mac so it's you know higher rent but again that would be a question best for the agency this
Speaker 166
46:29
would be the kind of question normally that would be addressed to them that is money paid
Speaker 167
46:34
back to the state though is that correct Representative Lampkin, what purpose?
Speaker 168
46:43
Do you recognize? Would it not be that this increase would be because
Speaker 166
46:49
I know they've enlarged their space over there. So could that account for the raise in rent, the square footage? That could
account for the raise in rent. And as I've said with the rent questions, these are questions best directed to the agency. 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 or Senate Bill 72. Prepare the machine, Mr.
Speaker 98
47:31
Clerk. Voting on the bill on the emergency clause. Everyone voted.
Everyone voted. Cast that ballot by a vote of 53A, 36 nays, zero present. The bill has failed.
Mr. Clark Reed, Senate Bill 83. I need
Speaker 127
47:55
the bill 83 and 106 until tomorrow. And 106. Mr. Speaker,
Representative Robert S. Moore, Jr.
Unverified
48:07
may I... Yes, Representative Webb, you're
recognized. Thank you, Mr. Speaker. Senate Bill 83 and Senate Bill 106. I need to take off the calendar for today for purposes of amendment and answering some questions.
Okay, Mr. Clerk reads
Clark, read Senate Bill 114.
Speaker 18
48:54
Senate Bill 114 by Joint Budget Committee and Act for the State Crime Laboratory Appropriation for the 2011-2012 fiscal
Representative Robert S. Moore, Jr.
Unverified
49:02
year. Representative Webb, you're recognized to explain the bill.
Thank you, Mr. Speaker. And first I want to say I want to apologize for the confusion about the batches. We were in a meeting until 1.30 and I didn't get to go over that with Mr. Speaker. This is for the State Crime Lab. They get their funds from a variety of sources, from federal dollars, from general revenue, from special revenue, from collect all sorts of fines. And this is no increase in position, but it is an increase of $143,000 in general revenue.
Members, heard an explanation of the bill? Anyone wishing to speak against the bill? Representative
Meeks, what purpose? Question. Representative Webb, you want to take a question? You're
Representative Stephen Meeks
Unverified
49:52
recognized. Representative Webb, could you break that additional $140,000 down for us, what that request
is for? Thank you. Most of
that request would be from Salaries and personal matching from an increase in the appropriation line.
Speaker 55
50:13
Representative Hyde, what purpose? Question, Mr. Speaker. Do you recognize? Representative
Representative Barry Hyde
Unverified
50:17
Webb, personnel matching, that's the second or third time I've heard that come up. And just to make sure that my assumptions are correct, that's what I probably call labor burden in my business. that's like the state unemployment tax and the federal unemployment tax and workers cop insurance and the general liability on employees and employee benefits so even if salaries you know didn't go up or you didn't add positions the labor burden or personnel matching it goes up every year
Speaker 166
50:45
a little bit is that is that correct yes mr hyde representative hyde that
probably would be correct Thank you. Members, heard an explanation of the bill. Anyone wishing to speak against the bill or the bill? If not, the question for the House passage of Senate Bill 114. Prepare the machine, Mr. Clerk.
Everyone voted. Has everyone voted cast up the ballot by a vote of 65, yea, 24, nay, 0, present? The bill has failed. Members, before we go to our adjournment resolution, one thing that I wanted to go over is we're going to get increasingly busy on our budget calendar.
Our practice of allowing as a privilege members to request take a bill off the calendar is just that. It's a privilege. It's not provided for in the rules. This is historically what has been done in this chamber, considering that obviously the majority of members are not on the Joint Budget Committee to have an opportunity to review these bills, and that privilege is extended for the purpose, ostensibly,
that the requesting member would have the opportunity to make contact with the appropriate agency to clarify any questions regarding that bill. The bill will automatically reappear on the calendar the following day. If it would appear that the purpose for requesting bill be removed from the calendar for any other reason than that which intended, i.e. to communicate with the appropriate agency
for the purpose of obtaining additional information, then that privilege may not be extended to the member. So I just wanted to give you this bit of information as we proceed so that you would understand how our process will work. If you have any questions regarding the rules in that regard, I'm sure our parliamentarian will be happy
to address them. Seeing nothing further, Representative Allen, you're recognized for motion.
Representative Fred Allen
Unverified
53:28
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 the resolution, reading communication, and any remaining committee their reports. I move
that we adjourn until 1.30 tomorrow. Proper motion, non-debatable. All in favor say aye. Opposed, no. Ayes have it. Motion carried. Announcements. Representative Allen, what purpose?
Representative Fred Allen
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53:59
Announcement. Insurance. We'll meet in the morning at 10 a.m. in room 149. Thank you. Representative Brown, what purpose? Thank
Representative Jerry R. Brown
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54:07
you, Mr. Speaker. Agri, Forestry and Economic Development, 10 o'clock in the morning, room 138. Representative
Wagner, what purpose? Recognized. City, county, and local will
Speaker 180
54:19
meet Wednesday at 10 a.m. in the Big Mac building, committee room B. Representative Slinkard, what purpose?
Representative Mary L. Slinkard
Unverified
54:30
Announcement. Recognized. State agencies committee will meet tomorrow morning at 10 o'clock in room 151. Thank you.
Representative Tiffany Rogers
Unverified
54:43
Representative Rogers, what purpose? Announcement. Recognized. The two-year college caucus will meet immediately upon adjournment, and there will be a presentation and discussion pertaining to proposed legislation on performance funding. Thank you. Representative Malone, what purpose? Smith.
Representative Stephanie Malone
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55:00
Recognized. Thank you, Mr. Speaker. Youth and Aging will meet at 945 in the morning, and we are getting our picture taken, and it's the last time. and if you don't show, I will Photoshop you in.
So, I'll see you all at 945 in room 130. Thank
Representative Jim Nickels
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55:19
you. Representative Nichols, what purpose? Announcement. Recognized. The Constitutional Amendment Subcommittee of the State Agencies Committee will meet tomorrow after
Representative Robert S. Moore, Jr.
Unverified
55:27
adjournment in room 151. Representative Webb, what purpose? Announcement. Recognized.
Thank you, Mr. Speaker. Joint budget will meet at 9 o'clock tomorrow in Big Mac, And if you haven't turned in your GIF request
forms, please do so today. Thank you. Representative Perry, what purpose? Announcement. You're
Representative Mark Perry
Unverified
55:46
recognized. Lottery oversight in Big Mac B, 10 minutes upon adjournment of both chambers.
Representative Tracy Pennartz
Unverified
55:57
Representative Penartz, what purpose? Announcement. You're recognized. Special Language Subcommittee of Joint Budget will meet at 8 o'clock in the morning in room 272.
That's 8 o'clock, special language. Members, I
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56:39
want to give you one bit of other information.
Before we're through with announcements, I want to give you an indication of our
schedule for the remainder of the week. Are you prepared to offer prayer, Representative Gene? As we're contemplating our schedule at this point in time, the budget will
meet tomorrow and then members on tomorrow afternoon. We could stay on Friday and take care of that business, which would leave us not much budget calendar on Monday and Tuesday.
So without objection, which I will pause, without objection, unless there are further developments in the morning. We will conclude our business for the week tomorrow afternoon and go home on Thursday. Excuse me, Thursday afternoon.
I'm getting a little optimistic here. Maybe it's showing through. Okay, I just wanted to give you
that bit of information so you can plan accordingly.
Speaker 20
57:56
Read the bills, Mr. Clerk. House Bill 1757 by Representative
Speaker 110
58:06
Wilkins. I have an objection. Read the second time. House Bill 1757. Revenue and tax. House Bill 1758. I have an objection. Read the second time. House
Chair
Unverified
58:15
Bill 1758. Application. House Bill 1759 by Representative Wilkins. I have an objection. Read the second time. House Bill 1759. Judiciary.
House Bill 1760 by a percent of summers in Woods to create an arts
Speaker 110
58:34
and cultural district. Out of objection, read the second time. House Bill 1760. Revenue and tax. House Bill 1761 by a percent of summers. Out of objection, read the second
Chair
Unverified
58:44
time. House Bill 1761. Revenue and tax. House Bill 1762 by a percent of summers to regulate. Out of objection, read the second time. House Bill 1762 Insurance and Commerce House Bill 1763 by Representative Collins and Gilman Out of objection, read the second time
House Bill 1763 Niagara House Bill 1764 by Representative Wren An act to create definition Action, read the second time House Bill 1764 Public Health House Bill 1765 by Representative Wren An act to establish the part Out of objection, read the second time House Bill 1765 Public Health House Bill 1766, by Representative Yuleman-All, to create a loan. I have objection to the second time. House Bill 1766, Education. House Bill 1767, by Representative Barnett, to authorize this.
I have objection to the second time. House Bill 1767, Revenue and Tax. House Bill 1768, by Representative Frenzy. I have objection to the second time. House Bill 1768, Going Budget. House Bill 1769, by Representative Carter, to improve motorization. Without objection, read the second
time. House Bill 1769. Transportation. House Memorial Resolution 1003, by Representative Hall. Without objection, read the second time. House Memorial Resolution 1003.
Aging. Senate Bill 27, by Senator Key, an act to mandate that the law enforcement be notified in the event... Without objection, read
the second time. Senate Bill 27
Public Health Senate Bill 63 by Senator Hutchinson an act to expand the members' options
Mr. Clerk, did you get the assignment on Senate Bill 27 to Public Health? Yeah, okay. Thank you. Senate
Chair
Unverified
1:01:00
Bill 63 Calendar Senate Bill 170 by Senator Key An act to provide Objection, read the second time Senate Bill 170 Calendar Senate Bill 290 by Senator Baker
An act to clarify Arkansas ethnic laws Objection, read the second time Senate Bill 290 Rules Senate Bill 292 by Senator Wyatt An act to allow the transfer on death to a beneficiary Resurrection, read the second time Senate Bill 292 Transportation Senate Bill 379 by Senator Key An act to remove the Resurrection, read the second time Senate Bill 379 Health Members, the desk remain
open for the reading of the bills until 4.30
Upon completion of the items, name the adjourned resolution. The House will be adjourned until 1.30 tomorrow.
Agenda
Call to Order
Invocation
Roll Call
HB1257
HB1605
HB1371
HB1489
HB1135
HB1140
HB1546
Budget Bills
SB9
SB33
SB70
SB72
SB114
Announcements
Reading of Bills
Documents
No documents posted.
Speakers
Representative Bobby J. Pierce
Unverified
Speaker 3
Speaker 5
Speaker 7
Speaker 13
Speaker 18
Chair
Unverified
Speaker 10
Speaker 23
Representative Randy Stewart Chair
Unverified
Representative Keith M. Ingram
Unverified
Representative Donna Hutchinson
Unverified
Representative Garry L. Smith Chair
Unverified
Speaker 45
Representative Barry Hyde
Unverified
Speaker 58
Speaker 62
Representative Jane English
Unverified
Speaker 69
Representative Mark Biviano
Unverified
Speaker 84
Representative Ann V. Clemmer
Unverified
Speaker 72
Speaker 98
Representative Davy Carter
Unverified
Representative Allen Kerr
Unverified
Speaker 104
Representative Fredrick J. Love
Unverified
Speaker 49
Representative Jim Nickels
Unverified
Representative Robert S. Moore, Jr.
Unverified
Representative Kathy Webb Chair
Unverified
Speaker 132
Speaker 133
Speaker 139
Speaker 141
Speaker 120
Speaker 41
Representative John Burris
Unverified
Representative Butch Wilkins
Unverified
Representative Andy Mayberry
Unverified
Speaker 166
Speaker 167
Speaker 168
Speaker 127
Speaker 11
Representative Stephen Meeks
Unverified
Speaker 55
Representative Fred Allen
Unverified
Representative Jerry R. Brown
Unverified
Speaker 180
Representative Mary L. Slinkard
Unverified
Representative Tiffany Rogers
Unverified
Representative Stephanie Malone
Unverified
Representative Mark Perry
Unverified
Representative Tracy Pennartz
Unverified
Speaker 126
Speaker 20
Speaker 110