February 15, 2011
Video
Transcript
Bills discussed (17)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1145
· 3 mentions in transcript, chapter
Matched: “All right, Mr. Clerk, read House Bill 1145.”
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Pre-2017 bill | ||
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HB1316
· 3 mentions in chapter, transcript
Matched: “HB1316”
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Pre-2017 bill | ||
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HB1002
· 1 mention in transcript
Matched: “committee on revenue and taxation to whom was referred House Bill 1002, bar percent of Gardner,”
|
Pre-2017 bill | ||
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HB1015
· 1 mention in transcript
Matched: “…Speaker, we are committee on judiciary to whom was referred House Bill 1015, by our representative Woods. House Bill 1305 by our repres…”
|
Pre-2017 bill | ||
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HB1052
· 1 mention in transcript
Matched: “House Bill 1052, bar percent of Jean, and House Bill 1056, bar percent of L…”
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Pre-2017 bill | ||
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HB1056
· 1 mention in transcript
Matched: “House Bill 1052, bar percent of Jean, and House Bill 1056, bar percent of Lindsay. Beg weaver report we've had the sa…”
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Pre-2017 bill | ||
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HB1111
· 1 mention in chapter
Matched: “HB1111”
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Pre-2017 bill | ||
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HB1207
· 1 mention in transcript
Matched: “on judiciary to whom is referred House Bill 1207 by our representative Stewart. We report we have the same u…”
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Pre-2017 bill | ||
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HB1212
· 1 mention in chapter
Matched: “HB1212”
|
Pre-2017 bill | ||
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HB1305
· 1 mention in transcript
Matched: “…was referred House Bill 1015, by our representative Woods. House Bill 1305 by our representative Williams. House Bill 1318 by our repr…”
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Pre-2017 bill | ||
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HB1315
· 1 mention in transcript
Matched: “…er, we are a committee on public health to whom is referred House Bill 1315 by Representative Lindsay. They believe the report we've ha…”
|
Pre-2017 bill | ||
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HB1318
· 1 mention in transcript
Matched: “…tive Woods. House Bill 1305 by our representative Williams. House Bill 1318 by our representative Tyler. We report we have the same und…”
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Pre-2017 bill | ||
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HR1011
· 1 mention in transcript
Matched: “…er, we are a committee on public health to whom is referred House Resolution 1011 by Representative Moore. Senate Bill 42 by Senator Johnson.”
|
Pre-2017 bill | ||
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SB154
· 1 mention in chapter
Matched: “SB154”
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Pre-2017 bill | ||
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SB165
· 1 mention in transcript
Matched: “Senate Bill 43 by Senator Johnson. Senate Bill 165 by Senator Johnson. Begley report we've had the same under…”
|
Pre-2017 bill | ||
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SB42
· 1 mention in transcript
Matched: “…is referred House Resolution 1011 by Representative Moore. Senate Bill 42 by Senator Johnson.”
|
Pre-2017 bill | ||
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SB43
· 1 mention in transcript
Matched: “Senate Bill 43 by Senator Johnson. Senate Bill 165 by Senator Johnson. Beg…”
|
Pre-2017 bill |
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Speaker 1
0:00
I presume that y'all are joining me in standing,
Chair
Unverified
0:11
along with the staff and press and our guests in the gallery while we're led in prayer today by Reverend John A. Fleming with the First United Methodist Church in Sheridan, and please remain standing for the Pledge of Allegiance led by Representative Billy Gaskell.
Speaker 3
0:31
Mr. Speaker, I was told just a moment ago to ask particular prayers for Mike Lipton, this 47-year-old young man. I call that young man. His father was a former speaker of this house, I believe. So in
Speaker 5
0:43
our time of prayer, I will lift him up as well, if that's appropriate. Let us pray. Sure.
Speaker 3
0:50
Lord, sometimes in our church we sing about having a friend in Jesus. And when we do, we say what a privilege it is to carry everything to God in prayer. So this afternoon, it is our privilege to carry everything on our minds, everything in our hearts to prayer.
For the things on today's agenda, for the one having surgery today, for the bills that are being considered, for the ones being thought through, for our family situations that are always on our minds and in our hearts, for the things that seem so big and things that seem rather small. Bless this house today, Lord. Let us remember that serving you is a privilege. Let us remember that you are our rock, our refuge, and our strength, our very present help in times of trouble. We pray this in your strong name.
Speaker 9
1:38
Amen. Amen. I beg your allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, an individual with liberty and justice for all. Members, please indicate your presence
Chair
Unverified
1:56
by pressing the yellow present button. Compare the machine, Mr. Clerk. that's about mr clark
Mr. Clerk, please let the record indicate that Representative English is
here and trying to get her yellow button to work. Cast
up the ballot, Mr. Clerk. Off my machine, 96 members indicating their presence.
Chair recognizes a quorum. Other requests for leave? Representative Betty Cheatham moves that we dispense for the reading of the previous day's journal. No objections so ordered. Other reports from select committees, Mr. Clerk? are the reports from standing committees. Please, ready to report. Mr. Speaker, we are
committee on revenue and taxation to whom was referred House Bill 1002, bar percent of Gardner,
House Bill 1052, bar percent of Jean, and House Bill 1056, bar percent of Lindsay. Beg weaver 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 judiciary to whom was referred House Bill 1015, by our representative Woods. House Bill 1305 by our representative Williams. House Bill 1318 by our representative Tyler. We report we have the same under consideration. Herewith return the same with the recommendation that they do pass. Mr. Speaker, we are committee
on judiciary to whom is referred House Bill 1207 by our representative Stewart. We report we have the same under consideration. Herewith return the same with the recommendation that do pass as amended. Mr. Speaker, we are committee on judiciary to whom is referred House Bill Bill 1010 by Representative Woods. Begley report we've had the same under consideration and herewith return the same with the recommendation that it do not pass. Respectfully submitted, Darren Williams, Chair. Mr. Speaker, we are a committee on public health to whom is referred House Resolution 1011 by Representative Moore. Senate Bill 42 by Senator Johnson.
Senate Bill 43 by Senator Johnson. Senate Bill 165 by Senator Johnson. Begley report we've had the same under consideration and herewith return the same with the recommendation that they do pass. Mr. Speaker, we are a committee on public health to whom is referred House Bill 1315 by Representative Lindsay. They believe the report we've had the same under consideration and herewith return the same with the recommendation that
Speaker 25
5:01
it do pass as amended. Respectfully submitted, Linda Tyler,
Chair
Unverified
5:11
Chair. Is there any unfinished business, executive communications?
Speaker 29
5:18
Representative Murdoch, what purpose? I just know me as present, please. Present. Oh, you were not indicated as being present?
Chair
Unverified
5:30
Yeah, I think he is. Check the record, Mr. Clerk, and make sure we're indicating Representative Murdoch being present. Is that the end? Morning hour is expired.
We'll now go to the red calendar. Ms.
Speaker 15
5:54
Clerk, read House Bill 1316. House Bill 1316 by
Chair
Unverified
5:58
Representative Catlett, an act to allow the Arkansas Department of Health to utilize radio encryption to protect confidential patient data. Representative Catlett,
you are recognized, come to the well and explain your bill.
Representative John Catlett
Unverified
6:29
Thank you, Mr. Speaker. Members, I have an
act to allow the Arkansas Department of Health to utilize radio encryption to protect confidential patient data. Now in the mid-1990s, the state of Arkansas, the taxpayers, gave public safety a wonderful tool. It's a radio. It was a digital radio. It's called A-WIN. We went from being able to talk on the radio sometime to be able to talk on the radio most of the time. Over the
years, well, initially it was mostly the state police that used this system. But at that time, the legislature, their wisdom was looking forward and thought that probably other agencies agencies could use this tool. And that's what's happened over the years. Other law enforcement agencies and fire departments got on the AWIN system. And it's been great. We went from
analog to digital. Mostly this system works somewhat like a cell phone. What we're asking now is to allow the Department of Health, which they use the system now, the AWIN system. Because of a prior statute, 554-130, only fire and police could use this system for encryption, and that's basically to scramble voice data. Now the Health Department has a responsibility to respond to disasters or emergency situations
such as recently as Albert Pike flooding. And this is when the health department realized that, technically, by law, they could not use the encryption capability. So what we're asking is to add the health department to be able to use the encryption, which is scramble their voice. And the biggest reason is because of HIPAA laws. Now they transmit a lot of patient data across the airways, and it's very sensitive.
But the way it is now, and the radios they have now, without this encryption capability, anybody in scanner land that has the capability of monitoring digital signal can monitor it. So all we're doing is asking for the health department to be able to use the encryption capability. I'll take any questions. don't see any
Chair
Unverified
9:04
questions representative Catlin done a good job members have heard an explanation
of the bill anyone wishing to speak against the bill for the bill representative Catlin are you closed for your bill representative Catlin is closed for the bill question for the house passage of house bill 1316 prepare the machine
mr. clerk everyone voted everyone voted cast up the ballot Mr. Clark by a vote of 96 yeas, 0 nye, 1 present you have passed the bill
members I want to take a moment and recognize some special guests that we have with us today I don't know which gallery we're in but we have from the southeast Arkansas, Area Agency on the Aging, the Elderly Housing Unit. We have the staff here with us today. Where are you all? And we might give you a big welcome. Okay, y'all stand up. Thank you for joining us. Good.
Those fine folks from southeast Arkansas and Pine Bluff are here as guests of Representative James Ward. Our guest of Representative Lane Jean today in the West Gallery is former State Representative Russ Bennett. Where is Russ? Glad to see you. Good to see you again. Thank you for joining us. Also as guest of Representative Jeff Wardlaw, we have Kelly and Colton Cash with us today.
Okay, there you go. Thank you all for joining us today. Now I want to also say a special thank you again to Nurse Geraldine Rambeau, who's with us today. And now I want to, to this point of personal privilege, I have someone I would like to introduce, who happens to be our doctor of the day today. A little over four years ago on a Sunday morning before we were sworn in at Monday at noon,
I had back surgery performed by Dr. Wayne Bruffitt. I've called Dr. Bruffitt every January the 11th since then to tell him how much I appreciate him because I've been strong and tall since then. So y'all please give me a very warm welcome
Speaker 1
11:40
and welcoming a special person in my life, Dr. Wayne Bruffitt.
Speaker 40
11:52
All right, Mr. Clerk, read House Bill 1145.
Chair
Unverified
11:57
House Bill 1145 by Representative Hall to clarify what information is shared with a non-custodial parent who
Speaker 40
12:05
is awarded visitation rights. Representative Hall,
Chair
Unverified
12:08
you are recognized to explain the bill. Thank you, Mr. Speaker. This is a bill brought through the committee that passed 19 to 1, and this is a simple bill that gives non-consodial parents information about other activities other than the scholarship and their academic records.
And what it does is clarify what information is shared with a non-consodial parent who has been awarded visitation rights by the court. It's a simple bill. It just helps the parents of non-cursodial parents who have an interest in their children to be more involved in their children's lives. Thank you. You heard an explanation
Representative Clark Hall
Unverified
12:51
of the bill? Anybody want to speak against the bill? Farther bill?
Mr. Kerr, you recognize I speak against the bill? Farther
Representative Allen Kerr
Unverified
13:19
you mr speaker this bill um just wanted to give just a a brief bit of information you know um it's it's it's sad when the couples divorce and uh but it does happen
We know that. There probably isn't a more emotional time, especially when children are involved, than when two people, when families split. But we try to encourage both parents to be involved in the children's lives. We try to encourage both parents to be full-time parents. without the correct information both parents cannot be full-time parents and what this bill
does is allow that information to be shared with the non-custodial
parent if you would just for a moment imagine going and picking up your eight-year-old child for your for your visitation a child crawls into the
front seat of the car puts a seatbelt on and their head is hanging low and as you look closer
their tears are welling up in their eyes and you ask them what's wrong and they said dad you weren't there for my dance recital last Wednesday night you know people when they split, they don't do it because they get along. They do it because there's some anger there, and there's going to be a little anger there. All this bill does
is allow that information to be shared with the other parents so that they're
allowed to be a full-time parent. I appreciate a good vote on the bill. Thank you. Representative
Chair
Unverified
15:17
Kerr has spoken for the bill. Anyone want to speak against the bill? Representative Post, you're recognized. Come to the well. Speak against the bill. Representative Post, you're recognized. Thank you, Mr. Speaker.
Representative Leslee Milam Post
Unverified
15:38
My only concern with this bill is it's not clarified within the bill for the non-custodial parent, whether or not this protects parents who it's clarified by the judge or not, whether children who come from domestic violence homes, when they cross state lines, whether they are in specific type of homes. I know several of you are looking at me and you have that same question. What about those families who are in those type of situations that there's
a reason that we don't tell all of that particular information of where they're going. There's a reason that it's up to the parents to share that information, that a judge makes those decisions, not you and I. It shouldn't be legislated. It should be a judge that makes those decisions, not
Chair
Unverified
16:43
us. Representative Post, spoken against the bill. Anyone wishing
to speak for the bill? Against the bill? Representative Representative Collin Smith, you're speaking against the bill. You're recognized to speak against the bill. Thank you,
Representative Linda Collins-Smith
Unverified
17:09
Mr. Speaker. Judges have the authority right now based on testimony that they hear to make a decision on whether the non-custodial parent has a right to get that information.
There are bad parents out there. You can't just put a slate bill out there that says a judge can't have that authority. So I say let's leave it to the judge that hears that testimony. At least that should
Chair
Unverified
17:36
be in the bill. Thank you. Representative Colin Smith, spoken against the bill. Anyone wishing to speak for the bill? Representative Powers, you recognize, speak for the
Representative David "Bubba" Powers
Unverified
17:47
bill. Thank you, Mr. Speaker. And, members, I don't want you to be confused because what this bill says,
these are parents in good standing with the court.
They've been allowed visitations. And it's true, judges do have the discretion. And many times, circuit judges will have standing orders, and this is part of their order, that you share every bit of information and every piece of communication that is good for that child. We're not taking that discretion away. We're simply saying this is a judge that has allowed visitation for his child, for this child. Now we're allowing in case, and there are some judges, frankly, that maybe just didn't put it in their order.
They don't do it. My judges make that a part of their standing order. But the point is these are already parents in good standing with the court. They're allowed visitation. Most times that visitation is on a Wednesday evening, every other weekend, and certain holidays. These are not people that have been cast out or the court has decided shouldn't have communication about what's going on with those children. So I want you to understand that. The people that this legislation affects are people that are already in good standing with the court.
Chair
Unverified
19:04
Representative Powers has spoken for the bill and I'm wishing to
speak against the bill. Representative Burroughs, you're recognized to come and speak against the bill. Thank you,
Representative John Burris
Unverified
19:22
Mr. Speaker. I'm going to take this opportunity to make a very broad point as opposed to necessarily speaking specifically against what's in this bill. I'm going to blame myself and I'm going to offer some advice because the reality is I
haven't read it technically enough to answer a lot of the questions that are being asked today. So now we're all in a very unfortunate position because we have to vote. So the admonishment, I guess, that I came down here to offer was, number one, we all have a very serious job. I'm putting this one on my shoulder because now I'm going to make a big vote I'm not necessarily prepared to make based on some of the questions we've heard. But also, to all the members, this is a very fast-moving institution, I guess you could say.
And I think we have to be on our toes. if you've got a question you better be standing when the speaker when the presenter is presenting and if you're presenting i think as a general rule if you walk out of the well before you answer a question be prepared for this to happen because we're making laws we're here to debate and we're here to discuss and these are very serious questions that both sides have to be prepared to answer to ask and then to then answer because now we're put in the position where we've got to to make a very difficult vote. Maybe not all the questions that needed to be asked were
given the chance to be asked. So just in the future, I think that's an important point to make, and that's why
Chair
Unverified
20:49
I'm speaking against the bill. Thank you. Representative Burris has spoken against
the bill. I'm wishing to speak for the bill. Representative Mock, you are recognized to come well and speak for the bill.
you mr. speaker as a non-custodial parent I support this legislation and here's why just because you're not a custodial parent doesn't mean she
doesn't necessarily care about your your kids or their well-being and what they do in their activities we do want to know this this just gives us a little bit more power we can be involved more in their daily
Chair
Unverified
21:32
lives and I've lived this and I've experienced this firsthand and I think
this is good legislation thank Representative Mock has spoken for the bill.
Representative Steele, your rise to speak against the bill. You are recognized to
come to the will and speak against the
Representative Nate Steel
Unverified
21:59
bill. Thank you, Mr. Speaker. And I apologize to my state agency chairman for not talking to me about this privately. I'm just now getting into the text of the bill and reading it over. As a practicing family lawyer, this is my concern. This statute, if you look at it, is a statute geared towards what information schools and colleges divulge to non-custodial parents.
What we're doing now is we're adding a section to require custodial parents to provide information to non-custodial parents, which i think if we're going to make a requirement on an individual we're going to have to have an enforcement mechanism either it's either going to be a misdemeanor misdemeanor if they don't or some other uh enforcement mechanism because as mr power suggested uh most orders have these most judges have these in their standard orders whenever a standard order is violated the remedy is contempt a judge holds the custodial parent in contempt and that's a broad power circuit
Judges have a lot of power with contempt. They can force information to be shared. They can force people to reimburse the moving party for any cost incurred in getting that information and so on and so forth. But this is a separate statute. This is not part of a court order. So there is no contempt power. There's no enforcement in here to make this any kind of criminal sanction, any kind of misdemeanor. And this underlying statute was geared towards putting a mandate on colleges and universities to divulge information, which we certainly
have the authority to do. But I think this amendment on that statute is probably the wrong place for it. We should probably handle it a different way if we're going
Chair
Unverified
23:36
to. I'll be happy to take a question. Representative
Representative Ann V. Clemmer
Unverified
23:42
Klemmer, what purpose? Question. You're recognized. Yes. Thank you, Mr. Speaker. My question, if the bill is geared towards colleges and universities releasing information, aren't there privacy concerns that prevent most of that information from even coming to a custodial parent?
Representative Nate Steel
Unverified
23:57
I would imagine there probably are other statutes that determine the confidentiality of records and I think this will just require, the underlying statute just looks to me like it just requires colleges to give forth that information to non-custodial parents who have visitation rights. like
Representative Ann V. Clemmer
Unverified
24:15
tuition amount, tuition bills, and things like that? Is that what you're anticipating? That's a
Representative Nate Steel
Unverified
24:20
good question, but what we're discussing right now is the statute that's already on the books. And what I'm, I guess what I'm reluctantly speaking against, I'll probably
never get another question asked in state agencies, but what I'm reluctantly speaking against is the amendment that would put a mandate on custodial parents, which, as I as I said, there wouldn't be any enforcement mechanism for. And I appreciate
Representative Ann V. Clemmer
Unverified
24:45
that. I guess when you brought up, because someone said to me in the halls, well, I didn't get the grades from my college student when I was paying the tuition. I was the non-custodial parent. No one gets those grades except the student any longer.
So that is a, unless we're changing that, that's a moot point. My other question is, do you think, and I'm asking an opinion question because I wasn't in committee, Do you think that a custodial parent then could be harassed under this bill?
Representative Nate Steel
Unverified
25:18
Most standing orders, as Representative Powers pointed out, deal exactly with what custodial parents and non-custodial parents' rights are. And when we say standing orders, those are orders that are attached to every single divorce decree that involves children or every single litigation that involves children.
And those are pretty broad and sweeping mandates. And so, generally speaking, whenever you feel like you're being treated unfairly by the other parents, you bring a contempt action and you argue that they're violating the terms of either the standing order or the specific wording of your specific order. And I think that's how we usually deal with these. As far as harassment from this particular statute, I guess it's possible, but I guess I don't understand how we could enforce this statute. If we're giving rise to a new civil lawsuit or something like that,
or if we're creating some kind of criminal statute for not providing information, it's unclear. I don't know how the statute would operate. Thank you,
Chair
Unverified
26:20
Representative Steele. Thank you, Mr. Speaker. Representative Hobbs,
Speaker 86
26:25
what purpose? You're recognized for a question.
Representative Debra M. Hobbs
Unverified
26:27
Thank you, Mr. Speaker. I have a question concerning non-custodial parents who are given visitation rights. Can judges give supervised visitation rights?
Certainly. So, and this bill really does not distinguish supervised versus non-supervised, correct? In
Representative Nate Steel
Unverified
26:48
my experience, it's very rare to have no visitation rights at all if you petition the court and ask. It's a pretty high burden to have no visitation rights. So I guess to your question, sure, there could be non-custodial parents that are judges has reluctantly or barely maybe given some kind of supervised visitation to,
and I guess there could be a concern that the statute could be used in their favor. But again, I don't
Speaker 92
27:20
really know how the statute could be enforced. Thank you. Thank
Representative Efrem Elliott
Unverified
27:24
you, Mr. Speaker. Representative Elliott, what purpose? Question, Mr. Speaker. Representative Steele, I remember Representative Power saying that these are two parents that are in good standing with the court. If they are in good standings, then the mother or the father is paying child support,
as well as doing the necessary things that they need to be doing. So if that is the case, then why should they not be able to gain this information, especially if they're helping with tuition and stuff? Let me be clear. I'm not
Representative Nate Steel
Unverified
27:52
in any way saying that they shouldn't be able to get this information. I think that this is a part of most court orders, and it should be. I'm not up here saying that non-consider parents should not be able to get this information at all. I'm simply saying that we've done this by an amendment to a mandate requiring schools to divulge information,
and I don't think that makes much sense from a legal perspective. But also, just to your question, the courts have been very, very clear that child support and visitation and custody, all of those issues are completely independent of one another. So just because someone is current on child support, for example, doesn't mean that they have visitation rights or any other rights. And just because someone doesn't pay child support doesn't mean that they don't have visitation rights. Those are completely separate. So I think what Representative Powers was alluding to, and
I'm sure he can clear it up for us, was that this only applies to parents who have visitation. And that's fine. I have absolutely no problem with the merits of that argument, saying that not so that the parents who have visitation should be allowed that information. I agree they should. I just think that that's something that should be done in the court order, and if not by the standing order, then by a particular judge in his individual order, but I don't think it's something we can put into a statute mandating colleges and schools
Speaker 95
29:10
give forth that information. Representative Hall, what purpose?
Chair
Unverified
29:12
Point of order, Mr. Speaker? What's point of order?
Speaker 96
29:18
Representative Steele is speaking on the bill. He is giving a summation of a trial. I'd appreciate if he'd speak on the bill, his
Chair
Unverified
29:29
opinions, for or against. Point of order well taken. Mr. Bill, admonishment in general, and you can well speak on the bill in responding to questions. Mr. Speaker.
All right. Representative Powers, what purpose? Question, Mr. Speaker.
Speaker 98
29:43
You recognize? Rep. Steele, both of us acknowledge that most standing court orders have this
Representative David "Bubba" Powers
Unverified
29:50
language in them. Would not Representative Hall's bill compel those few courts that don't have this in their standing order to include that and thus create a contempt of court situation that they could enforce this with?
Speaker 99
30:02
I think that there could be an argument made that it creates a
Representative Nate Steel
Unverified
30:09
cause of action to get that information. I think that would be kind of a legal argument that would be a little bit abstract.
As far as giving a court contempt power, unless the judge puts that in his order, I don't believe he would have the authority to hold someone in contempt for something that was not in his specific order, whether that's part of the standing order or the specific order. I don't think a judge would be able to hold someone in contempt for
Representative David "Bubba" Powers
Unverified
30:36
that unless that was very clearly in the order somewhere. But don't you think that the new law that we would institute with this language would probably compel those judges uh and we mentioned that most of them do have it don't you think this
new law would compel judges to re-examine their standing orders i would certainly hope so and as
Representative Nate Steel
Unverified
30:54
i said i agree with the premise i would certainly hope that that's what it would do but i i just don't know that it's in the right in the right place and that's why
Speaker 29
31:06
i'm speaking against it thank you representative steele representative cowling
Speaker 103
31:11
what purpose pushing what's your motion Representative Cowley? Consideration,
Chair
Unverified
31:17
immediate consideration, please. That's a proper motion, not debatable.
The question for the House is the motion for immediate consideration of House Bill 1145. We're not voting
on the bill. This is the immediate consideration to bring the bill up for a vote. All in favor say aye. Aye. Opposed, no. Ayes have it. Motion carried. The question for the House is passage of House Bill 1145. Prepare the machine, Mr. Clerk.
Everyone voted? Everyone voted. Cast up the ballot, Mr. Clerk, by a vote of 68 yea, 26 nay, and one present. You have passed the bill. Representative Hall moves for the clincher. All in favor say aye. Opposed, no. Ayes have it. The clincher is adopted. Mr. Clerk, read House Bill 1111. House Bill 1111 by Representative Stewart to
allow for the purchase of service credit for members of the National Guard and the Armed Forces Reserve into the Arkansas Teacher Retirement System.
Representative Stewart, you're recognized to present the
Representative Randy Stewart
Unverified
32:34
bill. Yes, thanks, Mr. Speaker. Back in session in 2009, Central Ferris passed a teacher retirement bill to give National Guard soldiers the right to buy some military time. I pointed the defect out to Mr. Hopkins later that he had neglected to include reservists or guardsmen who worked in Arkansas as a teacher but maybe drilled in a joining state. So we kind of discriminated against part of our military people.
So this is an attempt to correct that. I brought it to his attention. He brought it to the attention of the Arkansas Teacher Retirement Trustee Board. They agreed that they had left out part of their clientele, and this is simply to correct that. Now, what we're going to do, the bill following this, 12-12, is going to change the way people pay for credited service. So what we've structured here, this bill has an emergency clause that goes into effect as soon as the governor signs it.
The next bill goes into effect July 1st. So when this bill goes into effect, those guardsmen and reservists that were left out of the original bill will have a very short window of opportunity to buy their time back at the same rate as their contemporaries, as their peers. After July 1st, they'll all be able to buy it back, but at a different structured rate. And in our committee we talked about this was a kind of a catch-up procedure to allow those people who
Speaker 107
34:04
were left out an opportunity to be made right.
Chair
Unverified
34:08
I'll take any questions. I appreciate a good vote. Representative Stewart has explained the bill. Anyone wishing to speak against the
bill? For the bill? You close for your bill, Representative Stewart. Question before the House, passage of House Bill 1111. Prepare the machine, Mr. Clerk.
Members, you're voting on the bill and the emergency clause. Has everyone
voted? Has everyone voted? Cast up the ballot, Mr. Clerk, by a vote of
95, yea, 0, nay, 0, present. You have passed the bill and the emergency clause. Mr. Clerk, read House Bill 1212. House
Bill 1212 by Representative Carnine, to provide that the actuarial equivalent shall be used for the purchase of service credit that existing service purchase accounts be paid to clear an emergency.
Representative Carnine, you are recognized to present the bill.
Representative Les "Skip" Carnine
Unverified
35:17
Thank you, Mr. Speaker. I want to just take a couple minutes to, because there's a series of these reform bills that we'll be bringing over the next several weeks. And hopefully that as we bring them, we can be very efficient in terms of our language and in terms of presenting them. So you'll know that they are one of the pieces that we feel are extremely important to make sure that the pension funds of the state of Arkansas are indeed sound.
not only for those who have retired, but those who are currently employed or future employees. That's extremely important in this day and time. We found that our system was better than the vast majority, but obviously the recession exposed some very, very critical flaws in our program.
We want you to understand that really one out of every ten Arkansans, and again, I'll say that again, one out of every ten Arkansans are affected by the pension systems of the state of Arkansas. Well, if we had not created a situation that was pretty solid, we would not necessarily be ranked as one of the most, you might say, effective programs in the country.
We actually rank debt-wise number 14. Very good. But that's no excuse for not fixing many of the problems we have. 12-12 is from the actual board of the teacher's retirement system. What that does is put any type of buy-in, which is historically there, would have to be now an actuarial basis. In other words, you pay for what you get. There obviously are some tax advantages.
These are pre-tax dollars to do so. So the person still, it's a good deal. However, the dollars going in will, in fact, ensure that the system is not having to supplement. Remember, for recruitment purposes, and I don't care whether it's for teachers, administrators, for people who serve in APERS, all of our systems, use our retirement system for recruitment purposes.
We have been very careful to monitor what other states are doing in this same area so that it is not a distinct disadvantage to come to the state of Arkansas. In saying such, I want to again point out that we need to ensure that our systems are on solid financial footing. This is one of the pieces. We have one other system within the seven that are state retirement that is not actuarially based,
and we hope to have that in front of you within the next two weeks. This is, again, a series of things that we are going to propose that will make the system sound, not only for those who retire, but those who are working today and future Arkansans who choose to work in the public sector. I'd appreciate a good vote. Thank
Chair
Unverified
38:55
you, Representative Carnine. Members have heard an explanation of the bill.
Anyone wishing to speak against the bill? For the bill? Representative Carnine, you're closed for your bill. Closed. Question for the House members. Passive House Bill 1212. Prepare the machine, Mr. Clark. Members, you're voting on the bill and the emergency clause. everyone voted
everyone voted cast up the ballot Mr. Clark
by a vote of 95 yeas 0 nay and 0 present you have passed the bill Mr. Clark reads Senate Bill 154 Senate Bill 154
by Senator Taylor an act to improve the safety of highways and roads by prohibiting wireless telephone use in school zones and highway work zones and for other purposes Representative Allen,
you are recognized to explain the bill. Thank you, Mr. Speaker.
Representative Fred Allen
Unverified
40:00
This bill is very similar to the bill that we had in here a few weeks ago. The only thing that this bill does, it protects the workers in the highway work zone. It's still a secondary offense. Nothing changes. They spelled out work zones and gave a definition of workers. I'd be happy to take
Chair
Unverified
40:25
any question. Representative Mayberry, what purpose? You're recognized. Representative Allen,
Representative Andy Mayberry
Unverified
40:31
is there any statistics or data that show that in areas where a ban on cell phones has been placed,
that the number of accidents have actually gone down? Do you have any? I
Representative Fred Allen
Unverified
40:46
think there's some information from NHTSA, but I don't have that information in front of me. They have actually done some research and it reflects that accidents have gone down. And a follow-up to
Representative Andy Mayberry
Unverified
41:00
that, as I understand this, similar to the bill that you had, this is not a primary situation. Someone would not get a ticket just simply because they were on their phone at the time.
Correct. And would you view that as a possibility that people may just disregard? Not really, because any
Representative Fred Allen
Unverified
41:22
time that you can raise the conscience, then people have a tendency sometimes to do better. And last
Representative Andy Mayberry
Unverified
41:32
question, do we not already have laws on the books that pertain to inattentive driving or reckless driving or careless driving that would cover the misuse of a cell phone in certain situations.
Speaker 130
41:46
That's a Dan Greenberg question, and I don't know the answer to that. Oh, that's an Andy Mayberry question. Dan and I
Chair
Unverified
41:58
are two totally different folks, I assure you. I was just kidding. Representative
Representative John Charles Edwards
Unverified
42:04
Edwards, what purpose? Question. Recognized? Representative Allen, I want to make sure that there's no mistake about a couple of things. First of all, I understand that the highway worker provision was put in place at the request of contractors who have employees on the road.
Is that right? That is correct. Okay. Is it also correct that for any of these provisions to apply, that worker actually has to be present? So if they're not there, the orange cones could be there, but if they're not there, this bill doesn't apply. Is that correct? That is correct. And one final question. If we pass this bill out of here today, do we have your assurance that we're done with telephone bills and cell phone bills?
Representative Fred Allen
Unverified
42:54
You have my word. I'm tired of being shot at. Thank
Chair
Unverified
43:00
you. Representative Allen has explained the bill. Anyone wishing to speak against the
bill? For the bill? Representative Allen, you're closed for your bill. Question for the House, passage of Senate Bill 154, President Sheen, Mr. Clerk.
Everyone voted? Has everyone voted? Can I step the ballot, Mr. Clerk, by a vote of 52 yea, 41 nay, 0 present, you have passed the bill. Representative Allen moves for the clincher. All in favor say aye. Aye. Opposed, no. Ayes have it. The clincher is adopted. Mr. Clerk, we have a message from the Senate. Please read the communication.
February 15, 2011 To the Honorable Sherry Stacks Dear Mrs. Stacks The Senate respectfully requests the return to the Senate of Senate Bill 69 Respectfully submitted Anne Cornwell, Secretary of the Senate Ms. Clark, read the caption of the bill Senate Bill 69 by Senator Jeffress An act to prohibit the sale of herbal snuff to persons under 18 years of age.
Without objection, I will send the bill to the Senate. Mr. Allen. Mr. Allen. Where is Representative Allen when we
need him? Let's see. Representative Williams. Representative Williams, I'm going to recognize you for a motion.
Speaker 133
44:55
motion you're recognized after the announcements
Representative Darrin Williams
Unverified
45:01
reading of the bills transferring bills placing
counters on the on the desk amending members own bills with their own amendments members withdrawing their own bills finalizing resolutions reading communications and any remaining community reports i move that we adjourn until 1 30 tomorrow morning tomorrow
Chair
Unverified
45:18
morning proper motion non-debatable all All in favor say aye. Aye. Those no, ayes have it. Motion carried. Mr. Clerk, read the bill. I'm sorry, we're going to do some announcements here. I'm getting a little anxious. Representative Cheatham, what purpose?
Speaker 143
45:34
Announcement, Mr. Speaker. You recognize. Mr. Speaker, there will be a joint committee meeting on education immediately upon adjournment in room 171. As soon as we get
Speaker 117
45:48
through here, 171. Okay, Representative Brown, what purpose? Announcement. Do you recognize?
Representative Jerry R. Brown
Unverified
45:52
Mr. Speaker, there will be an Agri, Forestry and Economic Development Committee meeting tomorrow at 10 a.m., room 138. And for all committee members, we will have our picture made at 10.50. Please wear your cleanest tie.
Chair
Unverified
46:07
Representative Rogers, what purpose? Do you recognize? The two-year college
Representative Tiffany Rogers
Unverified
46:12
caucus will be meeting with the Joint Education Committee immediately following this meeting, and then we will have a short meeting thereafter in the same room, 171, and Representative Roebuck will be explaining her transfer bill. Thank you. Representative Ingram, what purpose? Announcement.
Representative Keith M. Ingram
Unverified
46:34
Recognized. Rules to meet immediately upon adjournment. Big Mac, B.
Chair
Unverified
46:38
thank you representative slinkered what purpose announcement
Representative Mary L. Slinkard
Unverified
46:44
recognized state agencies committee meet tomorrow morning at 10 o'clock room 151 we have a retake of our pictures thank you
representative in arts what purpose announcement recognized thank you mr speaker special language will meet tomorrow morning at eight o'clock in room 272 thank you thank
Chair
Unverified
47:07
you representative Representative Viviano, what purpose?
Speaker 95
47:11
You're recognized. The freshman conference will meet tomorrow at 1130 in the AEA building. Representative Clemmer, what purpose? Announcement.
Representative Ann V. Clemmer
Unverified
47:23
You're recognized. Members will have an invitation tomorrow on your desk about UALR ball game Thursday night. They are hosting a special event along with some other co-hosts. But we're inviting all the members to come to a UALR basketball game tomorrow night at the Jack Stevens Center.
You'll have an invitation tomorrow. There'll be free parking and food. But to get your free parking pass, do act on that invitation tomorrow so you can get your pass by Thursday before we adjourn. Thank you. Representative Wagner, what
Speaker 155
48:00
purpose? Announcement. Recognized. City, County, and Local Affairs will meet tomorrow, 10 a.m., Big Mac
Speaker 156
48:07
Building, Committee, Room B. Representative Allen, what purpose? Recognized. Insurance and Commerce will meet at 10 a.m. in Room 149 on tomorrow.
Representative Tim Summers
Unverified
48:17
Representative Summers, what purpose? Announcement, sir. Recognized. Our candidates for education reform will be hosting a short forum this afternoon at the Victory Building at 4 o'clock. That's at the Victory Building at 4 o'clock
Speaker 15
48:34
this afternoon. Thank you. Thank you. Representative Duffendahl, what purpose? Announcement. You recognize. Youth
Speaker 157
48:39
and age, you meet at 10 tomorrow in room 130. Thank
Speaker 117
48:45
you. Representative Hickerson, what purpose?
Representative Mary P. "Prissy" Hickerson
Unverified
48:47
Announcement. You recognize. Just a reminder that the Arkansas Good Roads Transportation Council will have a reception at 5.30 p.m. this evening at the Governor's Mansion, and everyone's invited. Thank you very much. Representative Webb,
Speaker 150
49:01
what purpose? You're recognized. Thank you, Mr. Speaker. Joint budget will meet
Representative Kathy Webb
Unverified
49:07
at 9 o'clock in the morning in the Big Mac building. Any further announcements?
Speaker 160
49:18
Mr. Clerk, we're going to wait just one minute before I get to read the bill.
Chair
Unverified
50:48
Mr. Clark, read the bells. House Bill 1404 by Representative
Speaker 162
51:02
Vines to amend or repeal provisions. I have objection. Read the second time. House Bill 1404. Hitchery. House Bill 1405 by Representative Webber. I have objection. Read the second time. House Bill 1405. Communications. House Bill 1406. I have objection. Read the second time. House Bill 1406
Speaker 25
51:19
House Bill 1407 House Bill 1407 by Representative Hopper
Speaker 162
51:28
to require a certain person House Bill 1407 House Bill 1408
Chair
Unverified
51:37
by Representative Hopper to prohibit level 2 House Bill 1408 Judiciary.
Speaker 25
51:42
House Bill 1409 by Representative Carter to require a candidate. Objection reads second time.
Chair
Unverified
51:50
House Bill 1409. Pay agencies. House Bill
Speaker 162
51:57
1410 by Representative Summers to allow. Objection reads second time. House Bill 1410. Judiciary. House Bill 1411 by Representative Robux. Objection reads second time. House Bill 1411. Education. O Запosition. House Bill 14-12, our representative Roebuck and Webb. Objection, read. Second time. House Bill 14-12. Objection.
House Bill 14-13, our representative Rodgers to a man. Objection, read. Second time. House Bill 14-13. City County Local. House Bill 14-14, our representative Wilkins. Objection, read. Second time. House Bill 14-14. The Edsbury. House Bill 14-15, our representative Wilkins. Without objection, read the second time. House Bill 1415. Aging. House Memorial Resolution 1002. Without objection,
Speaker 25
52:45
read the second time. House Memorial Resolution.
Speaker 44
52:55
Senate Bill 196 by Joint Budget Committee. Without objection, read the second time. Senate Bill 196. Joint Budget. Senate
Speaker 44
53:08
I'm sorry, calendar. Senate Bill 223 by Joint Budget Committee, Senate Bill 223, Senate Bill 224 by Joint Budget Committee, Senate Bill 224 by Joint Budget Committee, Senate Bill 224, Senate Bill 225 by Joint Budget Committee, Senate Bill 225, Senate Bill 230 by Joint Budget Committee, Senate Bill 231 by Joint Budget Committee, Senate Bill 231 by Joint Budget Committee,
Senate Bill 231 Senate Bill 232 by Joint Budget Committee Senate Bill 232 by Joint Budget Committee Section 2nd Time Senate Bill 232 Senate Bill 233 by Joint Budget Committee Senate Bill 233 Senate Bill 233 Senate Bill 235 by Joint Budget Committee Senate Bill 235 Calendar Senate Bill 236 by Joint Budget Committee Senate Bill 236 Senate Bill 237 by Joint Budget Committee I have objection reads a second time. Senate Bill 237.
Calendar. Senate Bill 238. I have objection reads a second time. Calendar. Senate Bill 238. Calendar. Senate Bill 239. I have objection reads a second time. Calendar. Senate Bill 239. Calendar. Senate Bill 240. I have objection reads a second time. Calendar. Senate Bill 241. I have objection reads a second time. Calendar. Senate Bill 241. Calendar. Members of the desk will remain
Chair
Unverified
54:51
open for the reading of the bells
until 4 30 upon completion of the items named the adjourn resolution the house will be adjourned at one until 1 30 tomorrow
Agenda
Call to Order
Invocation
Roll Call
HB1316
HB1145
HB1111
HB1212
SB154
Announcements
Reading of Bills
Adjournment
Documents
No documents posted.
Speakers
Speaker 1
Chair
Unverified
Speaker 3
Speaker 5
Speaker 9
Speaker 25
Speaker 29
Speaker 15
Representative John Catlett
Unverified
Speaker 40
Representative Clark Hall
Unverified
Speaker 49
Representative Allen Kerr
Unverified
Representative Leslee Milam Post
Unverified
Representative Linda Collins-Smith
Unverified
Representative David "Bubba" Powers
Unverified
Representative John Burris
Unverified
Representative Reginald Murdock Chair
Unverified
Representative Nate Steel
Unverified
Representative Ann V. Clemmer
Unverified
Speaker 86
Representative Debra M. Hobbs
Unverified
Speaker 92
Representative Efrem Elliott
Unverified
Speaker 95
Speaker 96
Speaker 98
Speaker 99
Speaker 103
Representative Randy Stewart
Unverified
Speaker 107
Representative Les "Skip" Carnine
Unverified
Representative Fred Allen
Unverified
Representative Andy Mayberry
Unverified
Speaker 130
Representative John Charles Edwards
Unverified
Speaker 133
Representative Darrin Williams
Unverified
Speaker 143
Speaker 117
Representative Jerry R. Brown
Unverified
Representative Tiffany Rogers
Unverified
Representative Keith M. Ingram
Unverified
Representative Mary L. Slinkard
Unverified
Speaker 155
Speaker 156
Representative Tim Summers
Unverified
Speaker 157
Representative Mary P. "Prissy" Hickerson
Unverified
Speaker 150
Representative Kathy Webb
Unverified
Speaker 160
Speaker 162
Speaker 44