Said in CommitteeBeta

Exactly as spoken.

February 22, 2011

February 22, 2011
Video Transcript

Bills discussed (24)

Bill Title Sponsor Status
HCR1002 · 3 mentions in transcript, chapter
Matched: “Concurrent resolution 1002 house concurrent resolution 1002 by representative linderman and all recognizing”
Pre-2017 bill
HB1365 · 2 mentions in transcript, chapter
Matched: “resolution. Morning hour has ended. Mr. Clark, read House Bill 1365. House”
Pre-2017 bill
HB1142 · 1 mention in chapter
Matched: “HB1142”
Pre-2017 bill
HB1143 · 1 mention in chapter
Matched: “HB1143”
Pre-2017 bill
HB1147 · 1 mention in chapter
Matched: “HB1147”
Pre-2017 bill
HB1155 · 1 mention in chapter
Matched: “HB1155”
Pre-2017 bill
HB1158 · 1 mention in chapter
Matched: “HB1158”
Pre-2017 bill
HB1190 · 1 mention in chapter
Matched: “HB1190”
Pre-2017 bill
HB1300 · 1 mention in transcript
Matched: “…are committee on public transportation to whom was referred House Bill 1300 by Representative Hyde, House Bill 1418 by Representative B…”
Pre-2017 bill
HB1315 · 1 mention in transcript
Matched: “…we are a committee on public health to whom was referred to House Bill 1315 by Representative Lindsay and Senate Bill 77 by Senator Tay…”
Pre-2017 bill
HB1369 · 1 mention in transcript
Matched: “…re a committee on revenue and taxation to whom is referred. House Bill 1369 by Representative Shepard.”
Pre-2017 bill
HB1406 · 1 mention in transcript
Matched: “…Speaker, we are committee on judiciary to whom was referred House Bill 1406 by Representative Hopper, House Bill 1419 by Representative…”
Pre-2017 bill
HB1408 · 1 mention in transcript
Matched: “…Speaker, we are committing a judiciary to whom is referred House Bill 1408 by Representative Hopper, beg leave for a report we've had…”
Pre-2017 bill
HB1418 · 1 mention in transcript
Matched: “…o whom was referred House Bill 1300 by Representative Hyde, House Bill 1418 by Representative Barnett, and House Bill 1422 by Represent…”
Pre-2017 bill
HB1419 · 1 mention in transcript
Matched: “…whom was referred House Bill 1406 by Representative Hopper, House Bill 1419 by Representative Patterson, Senate Bill 4 by Senator Johns…”
Pre-2017 bill
HB1422 · 1 mention in transcript
Matched: “…tative Hyde, House Bill 1418 by Representative Barnett, and House Bill 1422 by Representative Catlett. They believe the report we've ha…”
Pre-2017 bill
HB1427 · 1 mention in transcript
Matched: “to whom was referred to House Bill 1427 by Representative Brown. Begley report we've had the same u…”
Pre-2017 bill
HB1429 · 1 mention in transcript
Matched: “House Bill 1429 by Representative English. Senate Bill 217 by Senator Luker…”
Pre-2017 bill
HB1431 · 1 mention in transcript
Matched: “…we are a committee on public health to whom was referred to House Bill 1431 by Representative Ingram. Begley report we've had the same…”
Pre-2017 bill
HR1002 · 1 mention in transcript
Matched: “…we have a long history of this. This is National FFA Week. House Resolution 1002 recognizes National FFA Week. Be it resolved by the House o…”
Pre-2017 bill
SB217 · 1 mention in transcript
Matched: “House Bill 1429 by Representative English. Senate Bill 217 by Senator Luker. Beg Weave Report. We've had the same unde…”
Pre-2017 bill
SB4 · 1 mention in transcript
Matched: “…tative Hopper, House Bill 1419 by Representative Patterson, Senate Bill 4 by Senator Johnson, beg leave for a report we've had the sa…”
Pre-2017 bill
SB77 · 1 mention in transcript
Matched: “…s referred to House Bill 1315 by Representative Lindsay and Senate Bill 77 by Senator Taylor. Beg Weave Report. We've had the same und…”
Pre-2017 bill
SB96 · 1 mention in chapter
Matched: “SB96”
Pre-2017 bill

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Representative Fred Allen Chair Unverified 0:00
To be led in prayer by Reverend John A. Fleming, and please remain standing for the Pledge of Allegiance to be led by Representative Billy Gaskell. Join me
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Speaker 3 0:10
in prayer. Lord, today we were reading
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Speaker 5 0:13
earlier about worry and your words about it, how today's worry is enough for today, and how we strive after your kingdom. So today we ask that you give us the right path, and a path of righteousness. We pray, Lord, that you'll be with those who especially need you today. Lord, because we know that we are a people who worry, and we as representatives, as legislators, as friends, we reach out to one another in Christian love. As always, Lord, today we pray for good wisdom, good vision, discernment, and for those who are serving in harm's way in our military and for their families close at home. We pray all this in the name of the Lord who came and taught us. Amen. Amen. I pledge allegiance to the flag of the United States of America,
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Speaker 7 1:04
to the true republic for which it stands, one nation under
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Speaker 9 1:15
God, indivisible, with liberty and justice for all. Members, please indicate your presence by pressing the yellow present button. Prepare the machine,
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Speaker 10 1:30
Mr. Clark. Does everyone indicate your presence? We need your yellow present button. Cast up the
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Representative Fred Allen Chair Unverified 1:44
ballot, Mr. Clerk, by indication of 95 members present. Chair recognizes a quorum. Are there any requests for leave? Representative King, what purpose? You're
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Speaker 15 2:03
recognized. Leave. Representative Hyde.
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Representative Fred Allen Chair Unverified 2:06
Leave granted for Representative Hyde. Leave's granted. Representative Rice, what purpose? Leave. Leave for Representative Carnine. Leave for Representative Carnine granted. That's a record to reflect leave is granted. Any others? Representative Bradford, what purpose? Leave. Recognize. Representative Wagner. Leave for Representative Wagner granted. Leave is granted. Anyone else? Representative Cheatham moves that we dispense with the reading of the previous day's journal. No objection, so ordered. Are there reports from select committees? Are there reports from standing committees? Please read the report, Mr. Clark. Mr. Speaker, we are a committee on education
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Representative Duncan Baird Chair Unverified 2:56
to whom was referred to House Bill 1427 by Representative Brown. Begley report we've had the same under consideration and herewith return the same with the recommendation that it do pass. Respectfully submitted, Eddie Cheatham, Chair. Mr. Speaker, we are a committee on public health to whom was referred to House Bill 1431 by Representative Ingram. Begley report we've had the same under consideration and herewith return the same with the recommendation that it do pass. Mr. Speaker, we are a committee on public health to whom was referred to House Bill 1315 by Representative Lindsay and Senate Bill 77 by Senator Taylor. Beg Weave Report. We've had the same under consideration. Herewith return the same with the recommendation that they do pass as amended. Respectfully submitted. I went to Tyler. Chair. Mr. Speaker, we are a committee on revenue and taxation to whom is referred. House Bill 1369 by Representative Shepard. House Bill 1429 by Representative English. Senate Bill 217 by Senator Luker. Beg Weave Report. We've had the same under consideration. Herewith return the same with the recommendation that they do pass. Respectfully submitted. Davey Carter, Chair. Mr. Speaker, we are committee on public transportation to whom was referred House Bill 1300 by Representative Hyde, House Bill 1418 by Representative Barnett, and House Bill 1422 by Representative Catlett. They believe the report we've had the same under consideration and herewith return the same with the recommendation that they do pass. Respectfully submitted, Jonathan Barnett, Chair. Mr. Speaker, we are committee on judiciary to whom was referred House Bill 1406 by Representative Hopper, House Bill 1419 by Representative Patterson, Senate Bill 4 by Senator Johnson, beg leave for a report we've had the same, under consideration here with the return the same with the recommendation that they do pass. Mr. Speaker, we are committing a judiciary to whom is referred House Bill 1408 by Representative Hopper, beg leave for a report we've had the same, under consideration here with the return the same with the recommendation that it do pass as amended, respectfully submitted, Darren Williams, Chair.
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Representative Fred Allen Chair Unverified 4:44
any unfinished business executive communications none members let me take a minute to have you join me in welcoming some guests we have with us today first of all I want to I want us to welcome and express our appreciation to Dr. Bud Henderson from Rogers who's serving as our doctor of the day thank you doctor for being with us And back there ably assisting Dr. Henderson today is Nurse Geraldine Rambeau. Thank you, Nurse Rambeau, for being with us again today. In the gallery today, we have members of the Lamar High School FAA, Guest Representative Betty Overby. Would you
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Speaker 25 5:33
all stand and be recognized? There we are in the
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Representative Fred Allen Chair Unverified 5:43
back over there. And also a special friend to a number of us here. I'm glad to have up in the gallery today former Representative Tommy Dickinson joined us. Tommy, thank you for being with us. Also in the gallery, we have members of the, let's see, we have state presidents and advisors of various career and technical education organizations from around Arkansas, along with students that are being recognized in February and observing the Career and Technical Education Month. These students are demonstrating their career and technical skills and displays around the rotunda today. So you stand and let us give you a big welcome. There they are right back behind us. Thank you. And last but not least, I'm not sure whether there are any of the members I had occasion to visit right before we came in with members of Kraft Foods and Fort Smith and Bentonville guests of Representative Altus and Representative Summers or any of you in the gallery today I don't know whether they came over but at any rate we were proud to have them with us so let's give them a hand in case there's something up behind me that I don't see. Mr. Clark Reed, House
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Representative Duncan Baird Chair Unverified 7:26
Concurrent resolution 1002 house concurrent resolution 1002 by representative linderman and all recognizing
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Representative Fred Allen Chair Unverified 7:31
national ffa week representative linderman you are recognized to come come to the well and explain the
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Representative Homer Lenderman Unverified 7:47
resolution thank you mr speaker i'd like to take just a moment i promised uh stephanie i would do this because this got ran through pretty fast yesterday and the committee had to work pretty hard and i do appreciate y'all doing that it's very fitting that we have our vocational organizations represented in the galley today won't take but just a minute i spent 30 years teaching high school agriculture, my colleague Mr. Ratliff spent 28 years teaching high school agriculture, and our colleague Mr. Bruce Westerman is a former state FFA president, and both of his brothers were state presidents. Is that correct? Yes. So we have a long history of this. This is National FFA Week. House Resolution 1002 recognizes National FFA Week. Be it resolved by the House of Representatives of the 88th General Assembly of the State of Arkansas, the Senate concurring therein, whereas the National FFA Organization and Agricultural Education provide a strong foundation for the youth of America and the future of the food, fiber, and natural resources systems, and whereas the Arkansas FFA Association officers and the National FFA Organization officers provide leadership to the members by inspiring and encouraging members to achieve premier leadership, personal growth, and career success, And whereas agricultural education and the FFA ensure a steady supply of young professionals to meet the growing demands in the science, business, and technology of agriculture. And whereas the FFA motto, learning to do, doing to learn, earning to live, living to serve, gives direction of purpose to the students who take an active role in succeeding in agricultural education. And whereas the FFA promotes citizenship, volunteerism, patriotism, and cooperation. whereas National FFA Week is celebrated February the 19th through February the 26th, 2011. Now, therefore, be it resolved by the House of Representatives of the 88th General Assembly of the State of Arkansas, the Senate concurring therein, that the House of Representatives recognizes the importance and positive work of the National FFA organization, commends the Arkansas FFA Association officers and the National FFA organization officers for their leadership, and recognizes February the 19th through February the 26th, 2011 as National FFA Week. Be it further resolved that upon adoption of this resolution, an appropriate copy shall be provided to the Arkansas FFA Association and the National FFA Organization by the Chief Clerk of the House of Representatives. Thank you very much. I would appreciate a good
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Representative Fred Allen Chair Unverified 10:27
vote. Thank you. Members, you've heard the explanation of the resolution. Anyone wishing to speak against the resolution, for the resolution. If not, the question for the House passage of House Concurrent Resolution 1002. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. Cast up the ballot, Mr. Clerk, by a vote of 94 yea, 0 nay, and 0 present. You have passed the resolution. Morning hour has ended. Mr. Clark, read House Bill 1365. House
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Representative Duncan Baird Chair Unverified 11:13
Bill 1365 by Representative Wilkins and Allen to require backseat passengers of motor vehicles to comply with the current mandatory seatbelt law and clarify applicable penalties.
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Representative Fred Allen Chair Unverified 11:25
Representative Hank Wilkins, you
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Speaker 34 11:27
are recognized to explain the bill. Thank you, Mr. Speaker. Ladies
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Speaker 35 11:34
and gentlemen, the issue of seatbelts has been a passion of mine for a number of years because all of the statistics that you look at indicate that wearing seatbelts save lives. And I'm sure that many of you in this chamber feel the same way and have had experience in life that has indicated to you that seatbelts save lives. That is really the number one and only reason for this legislation. Seatbelts combined with airbags really work together to save lives. One without the other is not the best possible way to go. Vehicle ejection, people being thrown from vehicles, is a crucial reason why passenger seat belt laws are important. Many states have already started to look at the importance of this, and many of you are aware that in Arkansas we passed a primary seat belt law for the driver and front seat passengers last session. And since that time, not only have lives been saved, but we have seen statistically that there has been an increase in seatbelt usage. Unfortunately, over time, there has been a decrease in backseat seatbelt usage, which continues to make that what I would call a chronic problem. backseat passengers sometimes
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Speaker 36 13:25
feel comfortable not having a seat belt on simply because I'm in the backseat. If something happens, there's a seat in front of me, but statistics indicate to us that people are thrown
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Speaker 35 13:45
from the vehicle and that they're really no safer in the backseat. they're referred to as backseat bullets, because whatever that vehicle hits, at whatever speed, if that person is not buckled
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Speaker 36 14:00
in, they're thrown forward, sometimes hitting the person in front of them, sometimes flying through the windshield, or if the vehicle rolls over, sometimes being ejected from the vehicle. And so the reason for this bill is simply to save lives. We amended this bill to take care of a couple of things that were raised as concerns in Transportation Committee, one of which was to make sure that it was clear, even though there was testimony before the committee that indicated
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Speaker 35 14:36
that the police have a methodology that they use for awarding tickets. But some of our members wanted to make it clear that it be in the law, that it be in statute, that the person not wearing their seatbelt would
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Speaker 36 14:54
be the person responsible, the person who is liable for the $25 ticket.
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Speaker 35 15:01
And so we amended the bill to take care of that. And with that, Mr.
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Speaker 34 15:07
Speaker, I'll be happy to answer any questions. Representative Rice, what purpose? Question. Recognized.
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Speaker 16 15:15
Representative Wilkins, thank you for your
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Representative Terry Rice Unverified 15:17
dedication to your cause, but does the passage of this bill have anything to do with federal highway safety money? No, it does not. That there's no money on the line like there was in the primary seat belt bill that
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Speaker 41 15:33
was passed in last session? Well, you know, that question came up last session. and there were some people that voted for the bill last
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Speaker 42 15:41
time. For that reason, personally, the lives are more important to me than the money.
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Representative Terry Rice Unverified 15:49
Could you tell us what organization that initiated to help you with this bill? What organization? Yes. No, there
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Speaker 48 15:59
was no organization. Okay. Thank
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Speaker 50 16:02
you for your answering thing, Mr. Chair.
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Representative Fred Allen Chair Unverified 16:04
Mr. Speaker, Representative Meeks, what purpose? Question. Recognized. Do you have any
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Representative Stephen Meeks Unverified 16:09
numbers on the amount of Arkansans that were hurt in the back seat of a car because they were not wearing a seat belt?
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Speaker 36 16:20
The number of Arkansans that were hurt?
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Representative Stephen Meeks Unverified 16:23
Brian, do you have any numbers on how many Arkansans have been hurt, injured, passed away, thrown out of a vehicle because they were in the back seat and did not have their seat belt on? If we were to pass this, based on those past statistics, how many people could we be potentially helping or how many
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Speaker 53 16:46
lives could we be saving because we've passed this today? As a matter of fact, I understand that there were
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Speaker 35 16:54
44 passengers in the back seat during the previous year that these statistics were gathered who were killed. Sixty-four percent of those were not wearing their
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Speaker 25 17:05
seatbelts. Okay, thank you. Thank you. Representative Hobbs, White Parvis.
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Representative Debra M. Hobbs Unverified 17:11
Question, please. Recognize. Thank you,
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Speaker 58 17:15
Mr. Speaker. Representative, what happens if someone fails to pay
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Speaker 60 17:22
the $25 fine? I'm not sure. I can't answer that.
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Speaker 36 17:27
I don't know what happens when people don't pay their $25 fine. I assume that it's just left hanging out there like any other small fine. I don't imagine that the police come to your house looking
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Representative Debra M. Hobbs Unverified 17:43
for you. Well, I actually read of an incident where someone did fail to pay for their primary seatbelt ticket, and I guess someone was sent to their home and so forth, and I'm just wondering if this is the best use of our resources. Thank you.
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Speaker 36 18:01
Thank you, Mr. Speaker. I appreciate the question, and, of course, the fine, by
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Speaker 35 18:07
virtue of the amount of the fine, it's clear that the fine is not punitive. The only purpose for the fine, really, is to get people's attention
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Speaker 34 18:16
and encourage them to wear their seatbelts. Representative Smith, what purpose? Question? Recognized. Thank you, Mr.
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Speaker 67 18:22
Speaker, and thank you, Representative, for bringing this to us. I have a question on page two. You've got a line 29, 28, and 29. It says a passenger or driver with a physical disability that indicates the use of a seatbelt and which condition is certified by a physician. Are you telling me that someone that's handicapped would not have to wear a seatbelt?
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Speaker 36 18:43
Is that what it's trying to say? Under certain conditions, if a person has a medical condition, they don't have to
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Speaker 67 18:51
wear their seatbelt. That's correct. And would they be safely
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Speaker 36 18:55
transported down the highway then? Well, there are some conditions that, and this didn't come up in our testimony this time, but remembering
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Speaker 35 19:03
back to last session, there are some conditions where, with a doctor's order, the person does not have to wear the seat belt because the strap might cause some kind of irritation. If they have a beating apparatus or something like that, you're saying maybe oxygen. That could be problematic if the seat belt were to be engaged against them.
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Speaker 67 19:25
Okay. But those are very, very rare cases. Okay, thank you. And thank you, Mr. Speaker. Thank you.
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Representative Linda Collins-Smith Unverified 19:32
Representative Collin-Smith, what purpose? Question. Recognized. Thank you. What will happen to people if this law is passed and someone slips their seatbelt off in the back seat and then insurance companies do not pay for anything involving an accident?
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Speaker 48 19:45
What's going to happen to that driver? This bill doesn't change what the insurance coverage pays. This has nothing to do with
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Representative Linda Collins-Smith Unverified 19:55
that. Not unless it's passed, and it could then, because it would be state
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Speaker 53 20:00
law. No, it still would not affect what insurance companies
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Representative Fred Allen Chair Unverified 20:08
do. Thank you. Thank you, Mr. Speaker. Thank you. Members have heard an explanation of the bill. Anyone wishing to speak against the bill? Representative Rice, you are recognized. Come to well. Speak against the bill.
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Representative Terry Rice Unverified 20:29
You're recognized, Representative Rice. Thank you, Mr. Chairman. Members, I'd just quickly say that, you know, this is another mandatory law with penalties, monetary penalties, against the citizens of Arkansas. As I had told some of you on individual things that we've talked about in voting, it's not necessarily what you do this time, it's what's coming next time. We passed a, last session, a primary seatbelt law because somebody passed a secondary offense seatbelt law before. And I urge everybody to wear their seatbelt. But with the secondary seat belt law came a primary seat belt law and a $25 fine. And that's been discussed here this morning, this afternoon, excuse me. The other thing that we do with this is the other $25. Now, I have verified with a small city police department that they made it known to their officers that your overtime is paid out of your seatbelt fines that you write tickets for. If that's not an incentive to do that, I don't know what is. During the interim, I talked to the ASP about their trooper that I had some calls about that would turn around and run you down because they didn't see a seatbelt on. Is that legal? Is it a law? Yes, it is. But my question is, do we not have more pressing things for our law enforcement to do? I'm not going to ask you not to vote for this law.
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Speaker 79 22:11
I'm going to ask you to think about
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Representative Terry Rice Unverified 22:16
however you vote how much more are we going to put on the people and mandates and take away the freedom they have of decision you know it might be safer just to stay in bed and hope an airplane doesn't hit your house in the morning but we all live with dangers and we all have choices and freedoms to make and this is just one more that I hate to
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Speaker 74 22:44
see follow thank you Representative Rice has spoken against
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Representative Fred Allen Chair Unverified 22:47
the bill. Anyone wishing to speak for the bill? Representative Murdock, you're recognized to come and speak for the bill. Thank you. Thank you
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Representative Reginald Murdock Unverified 22:58
to my colleagues. I continue to hear us debate over rights versus safety and committee out here on
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Speaker 84 23:03
this floor. I think it's so important that we make a good decision, and this is a good bill that talks about the safety of people. Certainly you're not trying to take the rights of people away. You're just trying to ensure the safety of people for so many of these bills. So I support it, and I ask
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Representative Fred Allen Chair Unverified 23:29
for a good vote. Representative Murdoch has spoken for the bill. Anyone wishing to speak against the bill? For the bill. Representative Wilkins, you're closed for the bill. Representative Wilkins, closed the bill.
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Speaker 9 23:44
Question for the House is passage of House Bill 1365. Prepare the machine, Mr. Clerk.
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Representative Fred Allen Chair Unverified 23:58
Everyone voted. Everyone voted. I cast up the ballot, Mr. Clerk, by a vote of 34, yea, 57, nay, zero, present, that you have failed the bill. Representative King moves for the clincher. All in favor say aye. Aye. Opposed, no. No. Ayes have it. Clencher adopted. members also with us in the gallery today have been brought to our attention that there are some exchange students from various parts of the world here with us today and we'd like for you to stand and give you a special welcome for joining us today thank you
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Speaker 9 24:59
Mr. Clerk, read House Bill 1142. House Bill
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Representative Duncan Baird Chair Unverified 25:05
1142 by Representative Wilkins and Lunderman to specify that interest on deceased Arkansas Teacher Retirement System members' accumulated contributions when no survivor annuity is payable ceases after first full fiscal year following members' death.
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Representative Fred Allen Chair Unverified 25:20
Representative Bush Wilkins, you are recognized to explain the bill. Thank
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Representative Butch Wilkins Unverified 25:25
you, Mr. Speaker. I think it's a good time to dispel some rumors. Since the session has begun, it has been rumored that me and Hank Wilkins are twins. We are not. We are, however, cousins. House Bill 1142 is a teacher retirement bill. It's designed to eliminate people, to get people out of the system once they have deceased and they are not vetted in the program. they they have deceased and they still have money in there the teacher retirement system will quit pay and quit paying interest on it at the beginning of the physical physical gear following their following their day after departure if they're not vetted in the system if they choose to they can leave the money in the system but it will be without interest in it it'll say that it just It happens two or three times a year maybe, and it will save the teacher retirement system about $5,000 a year. Appreciate a good vote.
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Representative Fred Allen Chair Unverified 26:35
Members heard an explanation of the bill. Anyone wishing to speak against the bill? For the bill? Not the question for the House. Passes the House Bill 1142. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause, everyone voted, everyone voted, cast up the ballot, Mr. Clerk, by a vote of 90, aye, 0, nay, and 0, present. You have passed the bill and the emergency clause. Mr. Clerk, read House Bill 1147.
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Representative Duncan Baird Chair Unverified 27:12
House Bill 1147 by Representative Carnon. to limit the number of years that the Arkansas Teacher Retirement System, benefit participants or employers may look back when adjusting obligations between the system.
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Speaker 57 27:25
Representative Summers, you are recognized. Come explain the bill. Thank
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Representative Tim Summers Unverified 27:32
you, Mr. Speaker. And Representative Carnine is home ill today. I don't think he's sick of this bill. It's one of those fairly easy ones. I'm going to read the title. It explains it very well. An Act to Limit the Number of Years at the Arkansas Teacher Retirement System, a benefit participant or an employer may look back when adjusting records, correcting overpayments, correcting underpayments, correcting contribution calculations, or correcting benefit calculations to the system to declare an emergency and for other purposes. What this does is simply make five years the maximum time that the system can look back on the benefit of the system, the participants, or the employers. I'd appreciate a good vote. Thank you. Members, heard an explanation of
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Representative Fred Allen Chair Unverified 28:24
the bill. Anyone wishing to speak against the bill? For the bill? Not the question for the House. Pass it to House Bill 1147. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause. Has everyone voted? Has everyone voted, cast up the ballot? Mr. Clerk, by a vote of 93, yea, 0, nay, 0, present, you have passed the bill. Members have one other recognition I want to make here today. Excuse me, that's a bill and the emergency clause. Up in the East Gallery, we have with us today from the Arkansas Independent Insurance Agents. I'm not even sure of the titles, but they both come from Deshaies County. And in case you didn't know, that's where I come from. So that's their importance, being here today. But we have Lynn Zeno, who's the, I believe, the permanent executive vice president, And Jeff Alleyong from McGee, who is the president, newly elected or sworn in president, I believe. And Jeff is also my insurance agent that I just dropped a check into the mail yesterday. There's a little overdue, so I hope he appreciates this recognition today. Thank
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Speaker 27 29:55
you all. Mr. Clerk, read House Bill 1158. House Bill
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Representative Duncan Baird Chair Unverified 30:00
1158 by Representative Branscombe to allow additional time for members of the Arkansas Public Employees Retirement System to select contributory service. Representative
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Speaker 57 30:10
Branscombe, you're recognized to present the bill. Thank you,
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Speaker 99 30:13
Mr. Speaker. The bill is pretty well self-explanatory when it comes to a committee. An actuary study was done, and I'm pleased to report to you guys that it is a cost savings savings to the state of 0.01%. So upon that good note, I'd appreciate a good vote. Thank you. Members, you
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Representative Fred Allen Chair Unverified 30:34
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 1158, prepare the machine, Mr. Clerk. Everyone voted. Everyone voted, cast up the ballot by a vote of 93, yea, 0, nays, 0, present. You have passed the bill. Mr. Clerk, read House Bill 1143.
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Representative Duncan Baird Chair Unverified 31:07
House Bill 1143 by Representative Lenderman and Wilkins, considering certain benefits under the Arkansas Teacher Retirement System to authorize the Board to promulgate rules concerning annuity
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Representative Fred Allen Chair Unverified 31:19
options. Representative Linderman, you are recognized to explain the bill.
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Representative Homer Lenderman Unverified 31:25
Yesterday, my colleague, Mr. Representative Steele, said he was woefully inadequate. I assure you I'm as inadequate as anybody about explaining retirement bills. The provision, I'm going to read this prepared statement. The provision of House Bill 1143 affects the Arkansas Teacher Retirement System only. Currently, current law makes a general reference in regard to eligibility for disability, death in service, and lump sum death benefits. For example, current law says one must be active in order to be eligible for disability benefits. In practice, there is a time lag between the occurrence of the disability and the approval of disability benefits. Current practice makes allowances for this time lag. House Bill 1143 would codify the definitions of eligibility to match current practice. The system also needs to be able to make certain adjustments concerning the manner, definition, and changing of the naming of beneficiaries. House Bill 1143 assures that the Arkansas Teacher Retirement System is authorized to make rules necessary to manage these beneficiary issues. For the physical impact, after review of House Bill 1143 and discussions with the Arkansas Teacher Retirement Staff, there should not be any change in the number of disability, in service or lump-sum death benefits due to the provisions of the bill since it is a codification of current practice. This change could help avert any future misunderstandings for the members. Therefore, it is our opinion that the House Bill 1143 will not have any cost impact on the employer rate or amortization period of unfunded liabilities. We do believe this would create administrative efficiencies that would benefit the Arkansas Teacher Retirement system. With that, I would appreciate
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Speaker 103 33:10
a good vote. I hope you're not going to ask a question,
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Chair Unverified 33:16
Nate. Representative Steele, what purpose? Question. Recognized. We're talking about Representative Tracy Steele being woefully inadequate. Is that
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Representative Homer Lenderman Unverified 33:24
correct? Tracy Steele being woefully inadequate. Yes, sir. I apologize for any misunderstanding. Thank you. Members,
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Representative Fred Allen Chair Unverified 33:32
you've heard an explanation of the bill. Anyone wishing to speak against the bill or the bill? If not, the question for the House passes the House Bill 1143. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause. If everyone voted, if everyone voted, cast up the ballot by a vote of 92, yea, 0, nay, 0, present. You have passed the bill and the emergency clause. Mr. Clerk reads Senate Bill 96.
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Speaker 107 34:04
Senate Bill 96 by Senator Wyatt, an act to move Independence County to the North Central Arkansas
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Speaker 57 34:17
District Fair and Livestock Show in
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Representative Fred Allen Chair Unverified 34:20
Izzard County. Representative McLean, you are recognized
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Representative James McLean Unverified 34:25
to present the bill. Thank you, Mr. Speaker. Members, Senate Bill 96 very simply moves Independence County to the North Central Arkansas Fair District from the Northeast Arkansas Fair District, which is in Craighead County. Now, let me get this straight again. We're moving to the North Central Arkansas Fair District from currently where we're located in the Northeast Arkansas Fair District. The reasons for this are proximity, geography. It's just a more natural fit for Independence County. All the parties involved have agreed upon this. It's a good bill. Senator White and myself would appreciate a good vote. And I will take any
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Representative Fred Allen Chair Unverified 35:02
questions if anybody's interested. Representative Ingram, what purpose?
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Representative Keith M. Ingram Unverified 35:06
Recognized. If you move Independence County to Izzard County, what's going to be left of Independence County? Could another county move into Independence County since y'all are going to be in Izzard
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Speaker 112 35:17
County? I plan on staying, so I'll be there.
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Representative James McLean Unverified 35:24
Well, Izzard County would appreciate that. I think they would, too.
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Representative Jane English Unverified 35:33
Absolutely. Absolutely. Representative English, what purpose? Question. Recognize. I don't understand. Tell me, why is it that we have to pass a law to move these fairs from one place to the fair boards? Why is that not a local decision? I
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Representative James McLean Unverified 35:46
think that's an excellent question that can be said about thousands of bills that we pass. And once again, myself and Senator White would
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Chair Unverified 35:57
appreciate a good vote. Members, you've heard an explanation of the bill. What purpose
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Representative Fred Allen Chair Unverified 36:02
do you stand, Representative Thompson? I had a question. Representative McLean has relinquished his position in the well wisely. 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 Senate Bill 96. Prepare the machine, Mr. Clerk. Voting on the bill and the emergency clause, everyone voted, everyone voted, cast up the ballot by a vote of 91 yea, 1 nay, 1 present, you have passed the bill and the emergency clause. Okay, members, we're going to go to the yellow budget calendar. And you will notice, members, that the first six bills, I believe, that are on your budget calendar are bills that were asked by members to be pulled out for whatever independent review that member needed to have had the opportunity to be made with the agency or whatever person or entity affected. We're going to go down those bills independently here in a moment. Before we do that, Mr. Parliamentarian, you're going to present the batching of the remainder of the bills. We're going to present the batching of the remainder of the bills, and just for review for informational purposes, So as we begin this process in our dealing with our budget calendar, so everybody, we're all on the same page, so to speak. Members, you will have the opportunity as a parliamentarian reads off the bill to indicate any bill that you wish to be taken off of the calendar today. And that would be for the purpose of you, if you have some issue with that agency or entity, that you need to get clarified before we consider the bill. This is not holding the bill. This is just giving you a day to get any question answered that you may have. You also have the opportunity to have any bill that you wish to have a specific question today to be placed on the calendar independently so that it can be presented independently and a question could be asked and an independent vote be taken. Are there any questions about this? Because I have one other thing that I want to add. Representative Meeks,
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Speaker 105 38:50
what purpose? Are there any bills besides the Martin Luther King Jr. Commission appropriation that is an increase from the previous year? Okay, I'm going
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Representative Fred Allen Chair Unverified 38:58
to let Representative Webb answer that question. But before we get there, right now, I want to go over a view of the procedure. So if you have any questions, we're going to have the opportunity for that to be answered in just a moment. Do you have any question on the procedure that we just reviewed?
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Representative John W. Walker Unverified 39:16
Representative Walker. my purpose thank you mr. speaker I address that question first to miss Webb and then to mr. Massinelli mr. Massinelli's explanation differed from yours and as I understood it he said that while we may not have time if we have a question about an appropriations bill here to address it one day we can have it brought up the next day and the next day and next day until we can have it addressed uh what your that's that's my explanation
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Representative Fred Allen Chair Unverified 39:49
all right then then i don't have a question very good thank you uh now any other questions on that because i want to i want to add uh one other thing your if your question is where the question is going if you if you pull a bill off the calendar it's going to come back on the calendar the next day automatically that this is not uh we're not for those of you don't budget this is not uh like being on joint button you're just putting a bill kind of pulling it off for a while to have it reviewed later we have to go through all these bills they come up on the calendar you certainly as a member have the privilege of asking that bill to be pulled down for the purpose of getting whatever outside information you have but it will be back on the calendar the following day now to further expedite the process as we begin as we continue moving through the budget bill if you have a bill that you wish to be either removed from the calendar or removed from the batch on a particular day so that it can be considered separately on the day that it's appearing on the calendar. If you would please advise Representative Webb or the parliamentarian, it will help us when we identify the batch bills. We'll already know what bills are taken out, and as we go along and our calendar gets longer, it'll just help us expedite the process. So if you have any bill that you know you're going to want to pull it out, if you'll ask that to occur before we go into session, it'll just help us get a cadence that'll move us efficiently through the process. With that being said, any questions? Mr. Parliamentarian, you're recognized now to identify those bills that are going to be batched, And then Representative Webb will come to the well to explain any bills and answer your question, Representative Meeks. Mr. Speaker,
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Chair Unverified 41:44
if I might, I'd like to extend the answer to Mr. Walker's question, too. I think my response to him was that the bill would continue to be taken off each day you wanted to until the membership got ready to vote on it because one person should not be allowed to kill a bill, And that's exactly what would happen if we forbid any further consideration of it just by somebody pulling it down. Does that make any sense,
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Representative John W. Walker Unverified 42:13
Mr. Walker? Mr. Speaker? In all due respect, I think that it's slightly different from what you said. But, you know, I think that I can operate within the rule that he just set forth.
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Chair Unverified 42:31
If there are no other questions, we'll start down the list. House Bill 1105. 1105. I had an additional question.
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Representative Fred Allen Chair Unverified 42:46
Okay. Representative Bell, you recognize the question? In conversations
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Representative Nate Bell Unverified 42:49
with Representative Webb, she had indicated that we would be able to get the information as to which appropriations increased general revenue appropriation prior to the batching so that we could request that they be removed from the batching.
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Representative Fred Allen Chair Unverified 43:03
Okay. Representative Webb, you're recognized to respond to that question.
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Representative Kathy Webb Unverified 43:09
Thank you, Mr. Speaker. House Bill 1155 for the Veterans Child Welfare Service has a $2,500 general revenue increase in appropriation, and House Bill 1190 for the Martin Luther King, Jr. Commission has a $7,000 increase in appropriation for general revenue. The other bills do not contain general revenue. Okay,
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Chair Unverified 43:43
Mr. Speaker, we'll start at the top again. House Bill 1105, House Bill 1155. 1155, remove it from the calendar. Move it from the batch. Okay, 1155, remove it from the batch. House Bill 1190, remove it from the batch. House Bill 1332, and Ms. Webb has asked that House Bill 1340 and House Bill 1345 be removed from the batch. And we continue. Senate Bill 12, 13, 14, 18, 19, 23, 30, 34, 35, 38, 40, and 48. No questions on this, Mr. Speaker. I invite you to have the clerk read the bills for the calendar purposes.
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Representative Fred Allen Chair Unverified 44:38
Mr. Clerk, read the bills that
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Representative Duncan Baird Chair Unverified 44:46
have been enumerated to be batched. House Bill 1105, House Bill 1332, Senate Bill 12, Senate Bill 13, Senate Bill 14, Senate Bill 18 Senate Bill 19 Senate Bill 23 Senate Bill 30 Senate Bill 34 Senate Bill 35 Senate Bill 38 Senate Bill 40 Senate Bill 48 Members You've heard the bill to
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Representative Fred Allen Chair Unverified 45:21
be biased, Representative Webb you on this uh the best way in case there's any questions many member any questions representative webb if not members uh we'll be voting on the uh those items those bills that were just identified by the the clerk prepare the machine mr clerk you'll be voting on the bill excuse me representative murdoch what purpose question yes question on these bills that we're pulling the
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Speaker 84 45:51
two that we pulled uh or a matter of procedure how long do you do this and at what point do you or you
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Speaker 131 45:57
just keep doing this every day if you choose to i believe
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Representative Kathy Webb Unverified 46:03
that the that the two bills that representative bell pulled we're going to vote on those today we're just going to vote on those separately and the two that i pulled will be back on the calendar tomorrow any further questions
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Speaker 74 46:17
we're voting on the BATS
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Representative Fred Allen Chair Unverified 46:21
bills voting on the BATS bills prepare the machine Mr. Clerk voting on the bill and the emergency clause everyone voted everyone voted cast up the ballot voted 92 yay 0 nay 0 present you have passed the bills Mr. Clerk read House Bill 1155 It takes a minute
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Chair Unverified 47:01
or two for the machine to clear
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Representative Fred Allen Chair Unverified 47:03
when we're batch voting like this. Mr.
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Representative Duncan Baird Chair Unverified 47:14
Clark-Reed, House Bill 1155. House Bill 1155, by Joint Budget Committee, an Act for the Arkansas Veterans Child Welfare Service
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Representative Fred Allen Chair Unverified 47:23
Office Appropriation for the 2011-2012 fiscal year.
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Representative Kathy Webb Unverified 47:27
Representative Webb, you are recognized to explain the bill. Thank you, Mr. Speaker. The Arkansas Veterans Child Welfare Service provides emergency assistance to minor children of hospitalized or recently deceased veterans who have limited income. They also provide counseling and referrals, rent, and sometimes grocery money. This is $187,000 appropriation, and it is an increase in appropriation of $2,500. Representative English, what
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Speaker 137 47:59
purpose? You're recognized. What
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Representative Jane English Unverified 48:03
is the $2,500 for one? But second is, it looks like all the money's in salaries. What do they do to help those people, those
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Representative Kathy Webb Unverified 48:17
kids? There are three positions who do a lot of the discussions with the kids and with the veterans' families. And there's a grant line in there of $44,000 for that emergency assistance. There's no change in position from the last session. There's the $2,500
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Representative Jane English Unverified 48:38
the cost of living increase? Yes, ma'am. Okay. Thanks.
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Representative Fred Allen Chair Unverified 48:45
Any other questions? Members have 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 1155. Prepare the machine, Mr. Clerk. Voting on the bill
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Speaker 57 49:06
and the emergency clause. has everyone voted
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Representative Fred Allen Chair Unverified 49:21
has everyone voted cast up the ballot Mr. Clerk by the vote of 75 yea 14 nay and 0 present you have passed the bill and the emergency clause Mr. Clerk read House Bill 1190 House Bill 1190 by Joint Budget
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Representative Duncan Baird Chair Unverified 49:37
Committee, an act for the Martin Luther King, Jr. Commission appropriation for the 2011-2012 fiscal year. Representative Webb, you are recognized
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Representative Fred Allen Chair Unverified 49:45
to explain the bill. Thank you, Mr. Speaker.
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Representative Kathy Webb Unverified 49:51
This bill is for the Martin Luther King, Jr. Commission. It appropriates $244,000 from miscellaneous agencies fund for the commission, and also there is a cash appropriation for $61,000 in funds. The commission has been in existence for a number of years. It was started to promote an understanding of the work of Dr. Martin Luther King, Jr. That charge has since been somewhat expanded, and a number of important issues have been dealt with, including juvenile issues. There's a junior commission to help at-risk kids, and this is an increase of appropriation of $7,000. Members, you heard an explanation of
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Representative Fred Allen Chair Unverified 50:39
the bill. Anyone wishing to speak against the bill? For the bill? Not the question for the House is passage of House Bill 1190. Prepare the machine, Mr. Clerk. You're voting on the bill and the Emergency Clause. Everyone voted? Has everyone voted? Cast up the ballot, Mr. Clerk, by a vote of 76 yea, 12 nays, 0 present. You have passed the bill and the Emergency Clause. I understand, Representative Webb, that your House Bill 1340 and 1345 will be passed over to the calendar tomorrow. Is that correct? Yes. Okay. Members, I'd like to take a moment to recognize another group who's visiting with us today, a guest of Representative Lee. We have members of the leadership from the city of Russellville here with us today. If you all could stand and be recognized, please. thank you representative allen you're recognized for motion after the announcement reading other bills transferring bills placing the calendars on the desk amending members own bills with their own amendments members withdrawing their own bills finalizing resolution reading communication and any remaining committed reports i move that we adjourn until 1 30 tomorrow proper motion not debatable all in favor say aye
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Speaker 25 52:33
opposed no eyes have it motion carried representative allen what purpose announcement you're recognized
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Representative Fred Allen Chair Unverified 52:40
insurance and commerce will meet in the morning at 10 a.m room 149 thank you representative Penards, what purpose?
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Speaker 148 52:50
Announcement. Recognized. Special language subcommittee of joint budget committee will meet in room 272 at 8 a.m. Thank you. Representative Slinkard, what
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Speaker 67 53:00
purpose? Announcement. Recognized. State agencies committee
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Representative Mary L. Slinkard Unverified 53:04
will meet in the morning at 10 o'clock in room 151.
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Speaker 150 53:10
Thank you. Representative Rogers, what purpose?
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Representative Tiffany Rogers Unverified 53:13
Smith. Recognized. The two-year college caucus will meet immediately upon adjournment in room 138, and we do have a speaker.
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Chair Unverified 53:23
Thank you. Representative Malone, what purpose? You're recognized. Thank
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Representative Stephanie Malone Unverified 53:27
you, Mr. Speaker. Youth and Aging will meet tomorrow at 10 a.m. in room 130, and we're taking our picture. So everybody come and smile. Thank
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Representative Fred Allen Chair Unverified 53:37
you. Thank you. Representative Brown, what purpose? You recognize. The announcement is
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Representative Jerry R. Brown Unverified 53:41
that Agri Forestry and Economic Development will meet at 10 o'clock in the morning. And once again, we are going to try to have our picture made at 945. And Mr. Speaker, you
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Speaker 10 53:54
are also welcome. Thank you for that invitation. I think I'll be there. Representative Ingram, what purpose? Announcement. You recognize. Rules
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Representative Keith M. Ingram Unverified 54:02
will not meet tomorrow. Rules will not meet tomorrow. Thank you. All right, Representative Webb, what purpose?
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Speaker 10 54:09
Announcements. Recognized. Thank you, Mr. Speaker. Joint
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Representative Kathy Webb Unverified 54:13
budget will meet at 9 o'clock tomorrow in the Big Mac building, and district caucuses 1 and 2 will meet immediately upon adjournment in room 149. Do
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Representative Fred Allen Chair Unverified 54:26
you want to just remind them what that meeting is for? The
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Representative Kathy Webb Unverified 54:31
General Improvement Fund discussion. Caucus,
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Representative Fred Allen Chair Unverified 54:35
District 1 and 2 Caucus, immediately upon adjournment here. Thank you. Representative Nichols, what purpose? Announcement. Recognized. The subcommittee
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Representative Jim Nickels Unverified 54:44
of the Constitutional Amendment Subcommittee, the State Agencies Committee, will meet tomorrow upon adjournment in Room 151. This is the first time, I think, that a subcommittee of a standing committee is, at least in my two terms, has held a meeting. But we're going to be discussing the various constitutional amendments that have been filed. So if anybody has one on the agenda, please show up. Thank you, Mr.
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Representative Fred Allen Chair Unverified 55:13
Chairman. Mr. Speaker. Yes, sir. I might encourage, and I'm glad to hear that announcement on our subcommittees. I know that there is going to be a third and fourth caucus is going to meet immediately upon adjournment tomorrow on the GIF funding, so you all might want to adjust that a little bit so people that want to go to both of them can
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Speaker 57 55:34
be there, but we can clarify that tomorrow. Okay, any other announcements? Not... Thank you.
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Speaker 161 56:14
Thank you. Thank you.
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Speaker 89 57:14
Read the bills, Mr. Clerk. House Bill 1474 by Representative McLean. Out of Jackson, read the second time. House Bill 1474. City, County, Local. House
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Representative Duncan Baird Chair Unverified 57:37
Bill 1475 by Representative McLean. Out of Jackson, read the second time. House Bill 1475. Public Health. House Bill 1476 by Representative Rogers.
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Speaker 163 57:47
Out of objection, rage a second time. House Bill 1476. Taunt Rector. House Bill 1477
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Speaker 89 57:56
by Representative Stuart Holmes. Out of objection, rage a second time. House
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Speaker 132 58:00
Bill 1477. Ageing. House Bill 1478
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Speaker 89 58:06
by Representative Webb. Out of objection, rage a second time. House Bill 1478. City County, welcome. House Bill 1479, by Representative Collins and all. Out of objection. Read the second time. House Bill 1479. House Bill 1480, by Representative Hutchinson. Out of objection. Read the second time. House Bill 1480. Transportation. Members, the desks will remain
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Representative Fred Allen Chair Unverified 58:30
open for the reading of the bills until 1.30, 4.30, excuse me, this afternoon. Upon completion of the items, name the adjourned resolution. The House will be adjourned until 1.30. Thank you.
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Agenda

Call to Order

0:00

Invocation

0:12

Roll Call

1:18

HCR1002

7:26

HB1365

11:09

HB1142

25:08

HB1147

27:10

HB1158

29:59

HB1143

31:04

SB96

34:04

Budget Calendar

40:20

HB1155

47:17

HB1190

49:35

Announcements

52:40

Reading of Bills

57:27

Adjournment

58:42

Documents

No documents posted.

Speakers

Representative Fred Allen Chair Unverified
103 segments
Speaker 3
1 segment
Speaker 5
2 segments
Speaker 7
1 segment
Speaker 9
3 segments
Speaker 10
4 segments
Speaker 15
1 segment
Representative Duncan Baird Chair Unverified
17 segments
Speaker 25
3 segments
Representative Homer Lenderman Unverified
11 segments
Speaker 34
4 segments
Speaker 35
14 segments
Speaker 36
11 segments
Speaker 16
1 segment
Representative Terry Rice Unverified
7 segments
Speaker 41
1 segment
Speaker 42
1 segment
Speaker 48
2 segments
Speaker 50
1 segment
Representative Stephen Meeks Unverified
2 segments
Speaker 53
2 segments
Representative Debra M. Hobbs Unverified
2 segments
Speaker 58
1 segment
Speaker 60
1 segment
Speaker 67
5 segments
Representative Linda Collins-Smith Unverified
2 segments
Speaker 79
1 segment
Speaker 74
2 segments
Representative Reginald Murdock Unverified
1 segment
Speaker 84
3 segments
Representative Butch Wilkins Unverified
3 segments
Speaker 57
5 segments
Representative Tim Summers Unverified
3 segments
Speaker 27
1 segment
Speaker 99
2 segments
Speaker 103
1 segment
Chair Unverified
9 segments
Speaker 107
1 segment
Representative James McLean Unverified
4 segments
Representative Keith M. Ingram Unverified
2 segments
Speaker 112
1 segment
Representative Jane English Unverified
5 segments
Speaker 105
1 segment
Representative John W. Walker Unverified
2 segments
Representative Nate Bell Unverified
1 segment
Representative Kathy Webb Unverified
12 segments
Speaker 131
1 segment
Speaker 137
1 segment
Speaker 148
1 segment
Representative Mary L. Slinkard Unverified
1 segment
Speaker 150
1 segment
Representative Tiffany Rogers Unverified
1 segment
Representative Stephanie Malone Unverified
1 segment
Representative Jerry R. Brown Unverified
2 segments
Representative Jim Nickels Unverified
2 segments
Speaker 161
2 segments
Speaker 89
4 segments
Speaker 163
1 segment
Speaker 132
1 segment