Said in CommitteeBeta

Exactly as spoken.

February 9, 2011

February 9, 2011
Video Transcript

Bills discussed (16)

Bill Title Sponsor Status
HB1254 · 4 mentions in chapter, transcript
Matched: “HB1254”
Pre-2017 bill
HB1018 · 3 mentions in chapter, transcript
Matched: “HB1018”
Pre-2017 bill
HB1255 · 2 mentions in chapter, transcript
Matched: “HB1255”
Pre-2017 bill
HB1061 · 1 mention in chapter
Matched: “HB1061”
Pre-2017 bill
HB1145 · 1 mention in transcript
Matched: “…e committee on aging children and youth to whom is referred house bill 1145 by representative hall and house memorial resolution 1001 b…”
Pre-2017 bill
HB1235 · 1 mention in transcript
Matched: “…aker we are committee on state agencies to whom is referred house bill 1235 by representative allen house bill 1298 by representative r…”
Pre-2017 bill
HB1280 · 1 mention in transcript
Matched: “…eaker, we are committee on agriculture, to whom is referred House Bill 1280”
Pre-2017 bill
HB1287 · 1 mention in transcript
Matched: “local, to whom is referred House Bill 1287 by Representative Bradford, beg leave to report we fed the…”
Pre-2017 bill
HB1298 · 1 mention in transcript
Matched: “…to whom is referred house bill 1235 by representative allen house bill 1298 by representative roebuck house bill 1313 by Representative…”
Pre-2017 bill
HB1299 · 1 mention in chapter
Matched: “HB1299”
Pre-2017 bill
HB1301 · 1 mention in chapter
Matched: “HB1301”
Pre-2017 bill
HB1313 · 1 mention in transcript
Matched: “…resentative allen house bill 1298 by representative roebuck house bill 1313 by Representative Cowling, House Bill 1319”
Pre-2017 bill
HB1317 · 1 mention in chapter
Matched: “HB1317”
Pre-2017 bill
HB1319 · 1 mention in transcript
Matched: “…entative roebuck house bill 1313 by Representative Cowling, House Bill 1319”
Pre-2017 bill
HB1320 · 1 mention in transcript
Matched: “by Representative Tyler, House Bill 1320 by Representative Tyler Begley. We have the”
Pre-2017 bill
SB183 · 1 mention in chapter
Matched: “SB183”
Pre-2017 bill

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Representative Robert S. Moore, Jr. Unverified 0:00
Members, you'll take your seats here in the chamber, please. I'd like to ask members and staff, press, and those of you who are joining us in the gallery today to stand, be led in prayer today by Representative Eddie Cheatham. And please remain standing for our pledge of allegiance by Representative Billy Gaskell.
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Speaker 4 0:32
That's right, not Reverend Billy Gaskell. Not the Reverend. Okay. Representative Cheatham. Thank you,
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Speaker 5 0:37
Mr. Baker. Good morning, ladies and gentlemen. Would you bow with me, please? Our Heavenly Father, we thank you for
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Representative Eddie L. Cheatham Unverified 0:45
this chance to gather these chambers. Lord, we thank you for the many things you have blessed our lives with. Lord, I just want to ask that you help us to listen to others, what they think is important, and maybe we could come to agreement on things that would be the best for this state. Lord, we just want to ask you to be with those as they try to travel home. Lord, be with our military around the world and be with our families that are here. Again, we thank you for the blessings you have given us. Amen.
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Chair Unverified 1:47
Please indicate your presence by pushing the yellow present button. Cast up the ballot, Mr. Clerk.
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Representative Robert S. Moore, Jr. Unverified 2:05
The machine. Everyone indicated their presence. Cast up the ballot, Mr.
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Chair Unverified 2:21
Clerk. Okay, by showing 91 present, Chair recognizes a quorum request for leave. Representative Murdoch, purpose? I'm
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Speaker 18 2:30
present. I'm present. All right,
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Chair Unverified 2:34
Mr. Clerk, please let the record reflect. Representative Murdoch is present. Representative Collins, what purpose? Leave for... Leave for Representative Carter. Leave granted for Representative Carter. Leave granted for Representative Carter. Representative Shepard, what
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Speaker 21 2:55
purpose? Leave for Representative Branscombe.
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Chair Unverified 2:58
Leave granted for Representative Branscombe. Let the record reflect. Leave is granted. Representative Kerr, what purpose? Leave. Recognize. I ask for
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Speaker 23 3:10
leave for Representative Jane English.
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Chair Unverified 3:13
Leave granted for Representative English. Let the record reflect leave granted. Representative Lee, what purpose?
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Speaker 28 3:23
Absent. Sorry, leave. I'm levity, sorry. Leave for Representative Nichols.
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Speaker 29 3:30
Leave granted for Representative Nichols.
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Chair Unverified 3:33
Leave granted. Representative King, what purpose? Leave. Recognized. Leave for Representative Johnston. Leave granted for Representative Johnston. Leave is granted. Anyone else? Representative Eddie Cheatham moves that we dispense for the reading of the previous day's journal. No objection, so ordered.
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Representative Robert S. Moore, Jr. Unverified 4:01
Reports from select committees. Reports from standing committees. Read the report, Mr.
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Speaker 33 4:09
Clerk. Mr. Speaker, we are committee on city, county, and
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Speaker 35 4:11
local, to whom is referred House Bill 1287 by Representative Bradford, beg leave to report we fed the same, under consideration, herewith return the same, with the recommendation that it do pass, respectfully submitted, Charlotte Wagner, Chair. Mr. Speaker, we are committee on agriculture, to whom is referred House Bill 1280
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Speaker 36 4:25
by Representative Letting, beg leave to report we fed the same, under consideration, herewith return the same, with the recommendation that it do pass, respectfully submitted, Jerry Brown, Chair. mr speaker we are committee on aging children and youth to whom is referred house bill 1145 by representative hall and house memorial resolution 1001 by representative hopper beg we report we've had the same under consideration here with return the same with the recommendation that they do pass respectfully submitted stephanie malone chair mr speaker we are committee on state agencies to whom is referred house bill 1235 by representative allen house bill 1298 by representative roebuck house bill 1313 by Representative Cowling, House Bill 1319 by Representative Tyler, House Bill 1320 by Representative Tyler Begley. We have the
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Speaker 33 5:07
report we've had the same under consideration. Herewith return the same with the recommendation that they do pass. Respectfully submitted, Mary
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Chair Unverified 5:17
Slinkard, Vice Chair. Thank you, Mr. Clark. Any unfinished business? Executive Communications? Morning hours expired.
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Representative Robert S. Moore, Jr. Unverified 5:34
Members will go to our red calendar, regular bills. Mr. Clerk, read House Bill 1018. House Bill 1018, Barbs
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Speaker 36 5:46
M. Kerr, to define terminate as that term applies to eligibility for retirement under Arkansas
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Speaker 33 5:51
Public Employees Retirement System. Representative Kerr, you are recognized to
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Chair Unverified 5:55
come to the well and explain the bill. Thank you, Mr. Speaker.
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Representative Allen Kerr Unverified 6:07
Members, this bill is kind of a clean-up bill. A change in terminology applies to the public retirement system. The way this came about is, if you'll remember, the double-dipping issue with retirement, and it seems there were a lot of folks who were misinterpreting the word terminate in the retirement system. The way they were interpreting it was just being off of payroll for a time, and that gave them allowance for retirement. This clarifies that and clarifies the term terminate so that they do actually have to resign their position. I'd be glad to take any questions if
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Speaker 43 6:52
you have any, but the bill
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Speaker 45 6:59
pretty much speaks for itself. Representative Deffenbaugh, what purpose? a
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Speaker 46 7:02
question you recognize um haven't they already um just out of curiosity haven't they already uh defined what terminate was
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Representative Gary Deffenbaugh Unverified 7:09
i mean i've you know watched this pretty closely and what what's the difference between what you're presenting and what was already in place i mean i i know of people that you know the word was terminating in their uh in their uh information So what's the difference between this and what they've been doing, I guess is the
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Representative Allen Kerr Unverified 7:35
question. Well, the difference between this and what they've been doing is now that there's no room for misinterpretation. Before, two years ago, there was no definition of terminate in the code itself. This actually puts that in there. Now, APERS has been working with us on the wording and everything the way this is supposed to read that will fit their purposes. The APERS board did
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Speaker 51 7:58
change their language. This just codifies that in the law. One other question.
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Representative Gary Deffenbaugh Unverified 8:07
Can they still go back to work after the designated amount of time, 180 days? I don't know what
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Speaker 52 8:13
it is now, 180 days or 90 days, if they actually had been terminated?
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Representative Allen Kerr Unverified 8:20
This law does not have anything to do with whether they can go back to work or not. I think there is some legislation coming that will deal with that. But this is the first of about three bills that are going to mend the fissures in our law that allow that to happen. Thank you. Thank you. Representative
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Representative Mary L. Slinkard Unverified 8:47
Schlenker, to what purpose? Question. You're recognized. Representative Kerr, would resign mean retire in this bill? as i understand if you're wanting to those folks who have announced retirement would the word resign in here also mean retire you can resign your position without filing for
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Speaker 60 9:06
retirement resign would mean that they were leaving
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Representative Allen Kerr Unverified 9:11
their job now whether they file for retirement or not after that it's up to them
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Representative Mary L. Slinkard Unverified 9:19
okay but wasn't that what this is supposed to clear up about the retirement of the folks yes thank you
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Chair Unverified 9:32
thank you mr speaker thank you members you've heard an explanation of the bill anyone wishing
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Speaker 66 9:38
to speak against the bill for the bill Well, Representative Summers, you are recognized to come
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Chair Unverified 9:48
to the well and speak for the bill.
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Representative Tim Summers Unverified 9:58
Thank you, Mr. Speaker. Colleagues, we spent some time in the Retirement Committee working on various needs for corrections, for definitions. We've had a tremendous number of challenges that we're addressing, and these are not just knee-jerk resolutions. We've worked with APERS and the trustees to try to clarify a number of things, and this is one that is needed, and I'd appreciate support on this. Thank you. Representative Summers has spoken for the bill.
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Speaker 66 10:30
Anyone wish to speak against the bill or the bill?
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Chair Unverified 10:34
Representative Kerr, do you want to close for your bill? do you
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Representative Allen Kerr Unverified 10:44
reckon i asked thank you sir uh in closing i want to make sure everyone understands that this particular bill just applies to the public employee retirement system at this time uh it does not this bill does not have anything to do with teacher retirement so there's another bill out there that i'm working on with the teacher retirement system and those directors are are helping us put that one together but this just applies to Avers. I appreciate it. I appreciate a good vote. Members, Representative
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Chair Unverified 11:15
Kerr is closed for the bill. Question for the House. Passes House Bill 1018. Prepare the machine, Mr. Clerk. Members, you're voting
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Representative Robert S. Moore, Jr. Unverified 11:28
on the bill and the emergency clause. Has everyone voted? Everyone voted. Cast up the ballot, Mr. Clerk, by a vote of 86, yay, four, nay, zero, present, you have passed the bill and the emergency clause. Mr. Clerk, read
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Chair Unverified 11:46
House Bill 1254. Representative Kerr moves for the clincher. All in favor say aye. Opposed,
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Representative Robert S. Moore, Jr. Unverified 11:55
no. Motion passes. Clencher adopted. Mr. Clerk, read House Bill 1254. House Bill 1254 by
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Speaker 36 12:01
Representative Webb and all to prohibit the use of false academic credentials, require accreditation for some post-secondary education institutions before receiving certification from
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Speaker 35 12:11
the Arkansas Higher Education Coordinating Board. Representative Webb, you
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Representative Robert S. Moore, Jr. Unverified 12:15
are recognized to explain the bill. Thank you, Mr.
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Representative Kathy Webb Unverified 12:20
Speaker. As Mr. Speaker said, or as it was stated, this bill does prohibit using false academic credentials for employment purposes, for seeking admission to institutions of higher ed, and for other reasons that are listed in the bill. And it also has to do with the establishment and operation of accrediting agencies. I think this bill is a good consumer protection bill, and it also helps protect the integrity of our institutions of higher education. Last summer, a friend of mine who serves on the State Board of Education came to me with an example of someone who had presented himself as having a doctorate in the instance of a job that he was applying for with the State Department of Education, through the State Board of Education, a license that they were going to have to grant. my friend was a little suspicious and he started to do some research and he had never heard of this institution but there are a lot of institutions that we've never heard of what he did was he wrote a letter to the institution and he signed the letter using the name of his dog and he was told that for 549 dollars he would be able to get a doctorate I can't remember the exact title but it was in something like canine reproduction. So he sent a money order to this entity for $549, and in a matter of about three days, he not only received a lovely diploma, but he received a transcript with a number of courses that the dog had supposedly taken with a grade point of 3.18. He received a letter that he could show to prospective employers describing his academic achievements, and he received a phone number that folks could call if they wanted to verify the dog's credentials. For $75 additional dollars, he could have received the doctorate with a 4.0, But as he said yesterday in committee, he was too cheap to spend the extra $75. So as I started to do some research on this issue, because I thought it was very interesting, and it is nice to have some humor in something that actually is quite serious. So I found out that there are a lot of states that have laws that prohibit using these kind of fake degrees. And in fact, Texas and Missouri both have pretty tough laws, and several of the other states around us have similar laws. Oregon is listed as a model for trying to prevent fraud in using these degrees. And on the Oregon website, they actually have a big picture of a sheet that says, don't get fleeced. And that's why I say, for one reason, this is a consumer protection bill. I started to circulate this bill first among members of our body who have worked in higher ed and then among folks from the Department of Education, the Department of Higher Ed, a number of chancellors of both two-year colleges and four-year colleges and folks in the system, a number of attorneys, the Department of Higher Ed came back to me and wanted to make the bill even a little bit tougher, and that was when we added the section on page two that has to do with accrediting agencies, which some members in this body had talked to me about last session about some concerns they had with accrediting agencies so so we did choose to add that we had a lot of good questions in committees yesterday and there are exceptions in arkansas code which deal with certain types of schools that don't have to be accredited in in what is addressed in this bill those include schools that are solely for the purpose of divinity training and bible schools it has to do with aviation schools that are accredited by the federal aviation agency and other exemptions if you have an honorary doctorate it doesn't prevent you from using that honorary doctorate in the committee yesterday we even asked the state department of higher ed to come back with additional information for us to tell us how we're going to make accrediting tougher and how we're going to monitor some of the things in this bill so i think it's it's a good bill and i would appreciate a good vote thank
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Chair Unverified 17:01
you representative ingram what purpose question recognized did the
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Representative Keith M. Ingram Unverified 17:05
dogs degree count to our graduation rates in the state of arkansas
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Chair Unverified 17:09
Representative Pierce, what purpose? Question. Recognize. What is your degree in and where is it from,
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Representative Kathy Webb Unverified 17:26
Representative Webb? My degree is in History and Political Science from Randolph-Macon Women's College. Thank you, Ms. Webb. Which is
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Speaker 81 17:35
an accredited entity. Representative Hammer, what purpose?
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Representative Kim Hammer Unverified 17:41
Question. Would you just reiterate and restate something because here in Little Rock there is an institution, I just want to make sure I heard you correctly, there is an institution, for example, that trains ministers specifically to their particular denomination. They are not accredited by any degree of higher learning as referenced in this. This bill in no way supersedes or would impose upon their ability, as long as that student doesn't go out and try to use that degree to market it to get a place of employment, say, in an unrelated field. Am I correct in that? You are correct. And
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Representative Kathy Webb Unverified 18:18
in this bill, it references two pieces of Arkansas Code that list all the exemptions, and it is very clearly stated in Arkansas Code that that will not be impacted by this bill.
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Representative Kim Hammer Unverified 18:29
Okay, so this bill will in no way infringe upon churches' abilities to train their people to be ministers in their respective denomination as long as they stay confined to that area. That is absolutely correct.
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Representative Kathy Webb Unverified 18:43
Thank you, ma'am. Thanks, Speaker. Thank you.
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Representative Tim Summers Unverified 18:47
Appreciate a good vote. I'm sorry. Representative Somers, what purpose? For the record, I wanted to be sure that we had the name of the graduate, if
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Speaker 88 18:56
we could reiterate that. Dr. Maxwell Sniffingwell.
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Speaker 66 19:06
Members, you heard an explanation of the bill. Anyone wishing to speak against the bill? For the bill,
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Chair Unverified 19:13
Representative Webb, are you closed for your bill? Representative Webb, it's closed for the bill. Question for the House. Passage of House Bill 1254. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted.
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Representative Robert S. Moore, Jr. Unverified 19:31
Cast up the ballot, Mr. Clerk, by a vote of 91, yea, 0, nay, 0, present. You have passed the bill. Mr. Clerk, read House Bill 1255. House
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Speaker 36 19:43
Bill 1255, Representative Jean, to amend the dates for payment of property taxes and to
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Chair Unverified 19:51
make technical corrections. Representative Jean, you are recognized. Come to
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Representative Lane Jean Unverified 19:59
the well and explain the bill. Thank you, Mr. Speaker. Colleagues, this is a county collector's bill that I don't usually warm up to real well. But the county collectors have asked me to sponsor this bill that moves back the tax payment from October 10th to October 15th. And the rationale was because Columbus Day falls on that second Monday. A lot of times this hits. And also they want to be consistent with April 15th because a lot of people come in and think, well, October 15th is when I pay my property tax. Well, it's April 15th, and they got it confused. The other thing this does is just do some technical corrections on it. This bill also had on there that you assess property by April 10th, which has been May 31st for a number of years, but this conflict with the new law. So it's just a clean-up bill. The Arkansas Association of Counties has endorsed it, passed revenue and tax unanimously, and I appreciate a good vote on the bill. Thank you. members have heard
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Speaker 66 21:11
an explanation of the bill anyone wishing to speak against the bill
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Chair Unverified 21:15
for the bill representative jean you close for your bill representative jean is closed for the bill question for the house passage of house bill 1255 prepare the machine mr clerk everyone voted everyone voted cast up the ballot. Mr. Clerk,
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Representative Robert S. Moore, Jr. Unverified 21:40
by a vote of 91, yea, 0, nay, 0,
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Speaker 70 21:44
present, you have passed the bill. Mr. Clerk, read House Bill 1061. House Bill 1061 by Representative Sanders
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Speaker 36 21:54
and all, the Athlete Agent Reform Act of
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Representative David J. Sanders Chair Unverified 21:58
2011. Representative Sanders, you are recognized to explain the bill. Thank you, Mr. Speaker. Members, this bill deals with the problem stemming from sports agents and intermediaries providing material benefits to collegiate athletes. And if you follow the news, there are several names that are prominent that come up in this. The problem that we have today in the law and related to what governs the colleges, what happens many times when there is an athlete agent or an intermediary, commonly referred to as a runner or, for that matter, a financial advisor, even a family member who engages in illegal conduct in giving a material benefit to a collegiate athlete, we know that those laws are rarely prosecuted. It's against the law in 43 states to do that. The problem is the penalties for such violations are minuscule. But as you know, what happens oftentimes that when people do that and the collegiate athletes accept that, it's also a violation of the NCAA code. And if I might use an example, the University of Southern California, there was a former Heisman Trophy member who received a benefit from an agent and his family did as well. He left, went to the NFL. His coach went to the NFL. And Some years later, the NCAA handed down a penalty which prevented USC from being ranked in polls. It prevented them from participating in the BCS. It also prevented them from playing in postseason games. The problem is this. The agent in question that violated the law received no punishment. And there is a clear and present danger to collegiate athletics today, and that is we are one impressionable 18, 19, 20, 21, 22-year-old and an unscrupulous agent or an intermediary making a bad decision that puts college athletics at risk. And what this bill does, it's the first of its kind, in fact, in the United States to crank up the penalties. I might add that when we began working on this law last summer, Thanks to Representative James McLean, who I guess in August signed on as my co-sponsor. That was before the general election. They were kicked in high gear. We began working with many of the institutions of higher education, athletic director at the University of Arkansas, Jeff Long, as well as UCA, ASU, all of the athletic departments around the state to work on this bill, a bill that they saw a great need for. And let me tell you what the bill does. Currently, the penalty for violating the law of providing material benefit to a collegiate student is a Class A misdemeanor. And what this law does, or this bill does, is it cranks that up to a Class D felony. It bans the use of intermediaries, family members, financial advisors, pastors, family friends from going out and seeking a material benefit on behalf of, or trying to arrange a material benefit for a collegiate athlete. If you're prosecuted under this law and you're found guilty under the law, one area in which the Attorney General has some jurisdiction is there's an administrative penalty that can be assigned currently that is $50,000 and those of you who follow any type of professional athletics know that $50,000 is just a drop in the bucket when you talk about the immense amount of wealth that circulates professional sports. What this bill does is it increases that from $50,000 for a violation to $250,000 per violation. And lastly, what this bill does is if you are found guilty of providing a material benefit to a collegiate athlete and putting the integrity of collegiate sports at risk, you don't have a felony, but you lose your right to practice in the state of Arkansas for up to five years. I will say this, this bill enjoys the support of nearly, I think, all of our institutions of higher education, the athletic directors. The Attorney General was asked to make this part of his legislative package, and I would appreciate a
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Chair Unverified 26:33
good vote. Representative Klemmer, what purpose? You're recognized. I have followed this
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Representative Ann V. Clemmer Unverified 26:38
not as closely as I would have liked because I am under the impression it's a needed bill and something we need to clear up. But as you talked about the bill, I kind of want to make sure that we're not going to set up a system that would hurt a collegiate athlete in this manner. We have a lot of athletes that, frankly, come from not very well-off families, and sometimes they might be in need of a place to stay and maybe some physical support. That's not prohibited by this, is it? And I don't mean paying rent or something, but somebody that just says, hey, you can
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Representative David J. Sanders Chair Unverified 27:24
come stay with us this summer. Representative Klemmer, the governing law of the NCAA and the governing law of the state is pretty clear on this. you cannot provide a material benefit to an athlete. That runs a file of the NCAA, and currently an athlete agent can't provide a material benefit to a collegiate
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Speaker 102 27:43
athlete. What this does is it increases the penalty. So let me give you an
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Representative Ann V. Clemmer Unverified 27:49
example. Family friend? Could a family friend say, I mean, is
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Speaker 102 27:55
that prohibited? It would be. As I understand it, it would be prohibited. I mean,
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Representative David J. Sanders Chair Unverified 28:00
these are pretty strict laws that govern.
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Representative Ann V. Clemmer Unverified 28:02
But we couldn't change that then? No. Okay. Okay, and this law just doesn't
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Representative David J. Sanders Chair Unverified 28:12
impact that one way or the other. Okay, thank you, Mr. Sanders. Now, let me say this one thing, Representative Klemmer. If you are a family member, if you're going to spend the night at one's house, if you're going home, and hypothetically would be if you're going home from school and you stop off at Aunt Sally Mae's house and you want to spend the night, now that would not be prohibited. You would be okay to do that. But if you're providing financial material benefit to a collegiate athlete, and there are certain exemptions for family members, but let me be clear, you know, this does take into consideration anyone who falls outside of sort of that family network. Now, if you're breaking the law and saying, I'm going to try to get some money because my nephew is a fantastic running back, and I'm going to shop him around, and I'm going to try to get a benefit from him, then you would run afoul
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Representative Ann V. Clemmer Unverified 29:05
of the law. Thank you again. We'll follow up later.
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Chair Unverified 29:09
I'm just curious about something. Thank you. Representative Jane, what
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Representative Lane Jean Unverified 29:14
purpose? Question. Recognized. Representative Sanders, on your Section 5, you have an agent who violates this is guilty of a Class D felon. What is the punishment, maximum, for a Class D felon? A
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Representative David J. Sanders Chair Unverified 29:26
Class D felony is punishable up to 10 years in prison and
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Chair Unverified 29:34
a fine of $10,000. Okay. All right. Thank you. Representative Viviano, what
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Representative Mark Biviano Unverified 29:40
purpose? Question. Question. Representative Sanders, I appreciate, first of all, the passion and quiet confidence you have exhibited in presenting this bill. Thank you, Mr. Bibiano. I would like to know what impact this has on an Arkansas athlete that perhaps signs with an agent that's registered in a different state.
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Representative David J. Sanders Chair Unverified 30:03
Well, Mr. Bibiano, the laws of this state are very clear. if you're going to do business in the state of Arkansas. Currently, there are some 53 athlete agents that are registered in the state of Arkansas. The overwhelming majority of those athlete agents are employed outside the state of Arkansas. Representative Smith, what purpose?
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Chair Unverified 30:23
Question? Direct mass. Thank you, Mr. Speaker. Thank you,
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Representative Garry L. Smith Unverified 30:28
Mr. Sanders. This is not a larger government bill, is it? No, sir, it's not.
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Speaker 107 30:34
Thank you. Thank you. Representative Altus, what purpose? Recognized. Thank
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Representative Denny Altes Unverified 30:42
you, Mr. Speaker. In the past, there have been some problems with athletes working in the summer for car dealerships and things like that. In fact, I've hired athletes during the summer from time to time. if I hired an athlete and paid him $1,000 a week or $2,000 a week for part-time work during the summertime? Is there a breaking point in there? Is this a gray area? Representative Altson, I don't know that
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Representative David J. Sanders Chair Unverified 31:14
I would encourage you to do that, yet I think collegiate athletes are allowed to have jobs. So that wouldn't enter into it? As
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Representative Denny Altes Unverified 31:21
long as I paid them less than $10,000 a week or something like that? It does not run afoul, this
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Representative David J. Sanders Chair Unverified 31:27
law. You may have problems with the NCAA. Thank you. Okay. Representative Williams, what purpose? Point of clarification.
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Representative Darrin Williams Unverified 31:38
What's your point of clarification? The question was asked what a Class D felony, what sentence it carries. Mr. Sanders said up to 10 years. Actually, a Class D felony carries zero to six years, not up to 10
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Speaker 107 31:52
years. Thank you. Matt, thank you for
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Speaker 66 31:55
the point of clarification. Members, you've heard an explanation of the bill. Anyone wishing to
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Chair Unverified 32:01
speak against the bill, for the bill? Representative Sanders, are you closed for the bill?
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Representative Robert S. Moore, Jr. Unverified 32:10
Representative Sanders, closed for the bill. Question for the House, passage of House Bill 1061. Prepare the machine, Mr. Clerk. 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 89 yay zero nays zero present you have passed the bill and the emergency clause
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Speaker 70 32:41
mr clark read house bill 1299
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Speaker 33 32:44
House Bill 1299 by Representative Lovell to repeal the law concerning hazardous duty compensation. Representative
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Speaker 66 32:52
Lovell, you are recognized to explain the bill. Thank
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Representative Buddy Lovell Unverified 32:57
you, Mr. Speaker. I've been here four years and almost two months. When I started four years ago, I said that every time we passed the bill, we ought to be able to take one off the books instead of keep adding $2,800 a year. But anyway, what this bill does, it repeals Section 1 of Arkansas Code 2514-102. It covers hazardous duty compensation in the new pay plan, and all takes care of it, so we no longer need it, and I appreciate a good vote. Members, you've heard
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Speaker 66 33:38
an explanation of the bill. Anyone wishing to speak against the bill,
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Chair Unverified 33:44
for the bill? Closed for your bill, Representative Lovell. Closed. Question for the House, passage of House Bill 1299. Prepare the machine, Mr. Clerk. Everyone
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Representative Robert S. Moore, Jr. Unverified 33:59
voted. Everyone voted. Cast up the ballot, Mr. Clerk. by a vote of 91 yeas, 0 nays, 0 present. You have passed the bill. Mr. Clerk, read House
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Speaker 36 34:14
Bill 1301. House Bill 1301, by Representative Hyde, to authorize the codification of Act 755 of 2003, the Arkansas Commission on Eye and Visioning
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Chair Unverified 34:27
Care of School-Aged Children to Declare an Emergency. Representative Hyde, you are recognized to explain the bill. Thank you, Mr. Speaker. members act 1301 will continue the Arkansas Commission on eye and vision care a couple of quick short facts an explanation of what they do the Arkansas I envision care for school-aged children was established for the Department of Health in 2003 you know seven it was moved over to the Department of Ed where it remains today. The Commission was extended at that time through 2011 due to their good work. It is now my recommendation to you that we continue them on into perpetuity. The duties of the Commission are to study the vision needs of children, evaluate screening programs in schools, determine whether children are receiving adequate vision care, and to study the effects of inadequate vision on classroom performance. The special revenue funding for the School-Age Children and Vision Fund comes from donations, gifts, or grants. They've never received a grant, but I'm sure they'd accept one if we could find one. And their gift has actually been from within the eye care industry in the amount of $10,000. To date, let's see, in 07-08, they spent $987. In 08-09, they spent $30. And in 2009 and 10, they spent nothing. So mostly what they've spent money on for the commission is small instruments and things that were needed in schools, maybe by school nurses who usually do these screenings that they didn't have or didn't have a budget for. Last year, and this is really pretty much an average, they performed 200, school nurses performed 226,000 screenings, Nearly 20,000 were referred, and approximately 10,000 children received eye exams to help them with their vision problems. As I said, the commission's been funded with private donations in the past, full intention for the future, and I would appreciate a good vote on this, and this is probably the best example I've seen since I've been down here of private industry doing good work in the public. I'd appreciate a good vote. Members, you've heard an
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Speaker 66 36:44
explanation of the bill. Anyone wishing to speak against the bill? For the bill? Not the
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Representative Robert S. Moore, Jr. Unverified 36:49
question for the House. Passage of House Bill 1301. Prepare the machine, Mr. Clerk. You're voting on the bill, any emergency clause? Everyone voted? If everyone voted, cast up the ballot. Mr. Clerk, by a vote of 89, yea, 0, nay, 0, present, you have passed the bill and the emergency clause. Mr. Clerk, read House
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Speaker 126 37:25
Bill 1317. House Bill 1317 by Representative Tyler, an act to expand the immunization registry
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Chair Unverified 37:32
to better protect the citizens of Arkansas.
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Representative Linda S. Tyler Unverified 37:36
Representative Tyler, you're recognized to explain the bill. Thank you, Mr. Speaker. Members, we currently have an immunization registry for individuals who are under 22 years of age that's mandatory. What this bill does is provide for the voluntary registration of immunization for those individuals who are 22 years of age and over. I would appreciate a good vote. Members, you heard
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Speaker 66 38:02
an explanation of the bill. wishing to speak against the
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Chair Unverified 38:06
bill, for the bill, not the question for the House. Passage of House Bill 1317. Prepare the machine, Mr. Clerk. Everyone voted. Everyone voted. By a vote of 88, cast up a ballot, Mr. Clerk. By a vote of 88, yay, zero, nay, to present, you have passed the bill.
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Representative Bobby J. Pierce Unverified 38:38
Mr. Clerk, read Senate Bill 183. Senate Bill 183 by Senator Lamoureux, an
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Speaker 36 38:44
act to increase title and replacement title fees to fund the Arkansas State Police Retirement System of the Department of Arkansas State Police and to declare emergency.
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Representative Les "Skip" Carnine Unverified 38:54
Representative Carnot, on what purpose? Mr. Speaker, I'd like to pull this
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Chair Unverified 39:00
down and take it off the calendar, please. All right, leave granted to pull the bill
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Representative Robert S. Moore, Jr. Unverified 39:07
down. All in favor say aye. Aye. Opposed, no. Mr. Clerk, move the bill from Calum. All right, we'll go to our yellow budget calendar. Representative Webb, what purpose? Comment?
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Representative Kathy Webb Unverified 39:19
Question? All right, do you recognize for question? Mr. Speaker, may we have permission to pass over the budget calendar today as we discussed?
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Chair Unverified 39:31
Per our discussion and information to share regarding the inclement weather, we'll pass over the budget calendar
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Representative Robert S. Moore, Jr. Unverified 39:38
today without objection. Representative Allen, you
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Speaker 66 39:47
are recognized. After the announcement, reading
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Representative Fred Allen Unverified 39:51
of the bills, transferring bills, placing the countenance on the desk, amending members' own bills, but they're on amendments, members withdrawing their own bills, finalizing the resolution, reading communication, and any remaining committee reports, I move that we adjourn until 11 a.m. tomorrow. I'll have a motion. I'm not obeyed. Will all in favor
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Representative Robert S. Moore, Jr. Unverified 40:10
say aye. Aye. Opposed, no. Motion carries. Before we have announcement, members, let me tell you what our schedule is going to be the reason we passed over the budget calendar is all of you have had an opportunity to look out the window. It's doing what they said it was going to do out there. First of all, I want to recognize we had 92 members present here today, and I appreciate your attendance recognizing that we were going to have some adverse weather conditions. I do have an announcement regarding I-530 that was provided. State police indicate that, excuse me, I-540, that it is now in impassable condition, so all of our colleagues and friends from Northwest Arkansas are certainly going to be with us for the evening, so we decide to celebrate and come back tomorrow. Our schedule will be that the A committees will meet at 10 o'clock in the morning, and then we'll go into session at 11. Now, we're on an automated system with all of the local television networks to provide information if circumstances should become so severe regarding the streets and highways in the area that we conclude that they are dangerous to the situation that we want to alter our schedule further. But the information that we have at this point in time that I think by mid-morning in the morning that the streets should be in conditions so we can get back to the capitol and do the people's work. So that will be our plan, but I would remind each of you to check the local stations. There will be someone here in the morning if you want to call in in case there is such severity that we change our minds, but I can tell you by the fact that I expect someone to be here in the morning to answer the phone, that probably means we all can be here. Okay, announcements? Representative Ingram,
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Representative Keith M. Ingram Unverified 42:15
do you recommend I ask for an announcement? Rules to meet in 151 immediately upon adjournment. I'd also like to remind that the Arkansas Sports Hall of Fame, the reception is, I think, tomorrow night at 5.30 at the Hall of Fame at the Verizon Arena. And then the banquet is Friday night. I would also like to announce that the House-Senate snowball fight that was scheduled for the South Lawn has been canceled because the Senate left. Representative Cowling, what purpose? Announcement?
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Representative Robert S. Moore, Jr. Unverified 42:56
You're recognized, Representative Cowling. Country caucus
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Speaker 137 42:59
will not meet because we've got too much snow on the ground.
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Chair Unverified 43:05
Any other announcements? Representative Cheatham, purpose? Announcements, Mr. Speaker. Recognized? Mr. Speaker, because there are
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Representative Eddie L. Cheatham Unverified 43:12
no bills ready to be run in education, we will not meet tomorrow at 10 o'clock. But if you want to come, understand that Representative Roebuck is furnishing breakfast at 10 o'clock. Thank you.
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Speaker 66 43:29
Representative Klammer, what purpose? Question. Which question?
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Speaker 101 43:34
My question would be if we could get a
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Representative Ann V. Clemmer Unverified 43:37
ruling from the parliamentarian if we win the snowball fight by default. Or forfeiture. Did they forfeit? And
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Chair Unverified 43:45
we have a unanimous decision. Representative Cowling, what purpose? Announcement.
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Speaker 137 43:53
Recognized? Tax and revenue will
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Speaker 66 43:58
not meet tomorrow. Any other announcements? i will
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Chair Unverified 44:03
also announce that the four o'clock scheduled freshman reception down at the oyster bar in spite of some thought that
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Representative Robert S. Moore, Jr. Unverified 44:14
the slippery circumstance might provide good reason to leave down there later on the evening we have decided to cancel that event and we will we'll be rescheduled
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Chair Unverified 44:23
so you'll be on your own at four o'clock this afternoon for the freshman members any other announcements. Okay read the bills Mr. Clerk. House
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Speaker 36 44:35
Bill 1369 by Representative Shepard and all to create a sales tax holiday. Objection. Read the second time. House Bill 1369. Revenue in tax. House Bill 1370 by Representative Shepard regarding. Out of objection. Read the second time.
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Speaker 145 44:47
House Bill 1370. House Bill 1371 by Representative an act to create a bill.
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Speaker 36 44:59
House Bill 1371. House Bill 1372 by Joint Budget Committee. House Bill 1373. House Bill 1374. House Bill 1374.
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Speaker 148 45:14
House Bill 1374. House Bill 1375 by Joint Budget
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Speaker 36 45:21
Committee. joint budget committee usually second time house bill 13 self-control 1376 like joint
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Representative Bobby J. Pierce Unverified 45:29
budget committee and that's it regulatory service onsite damn
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Speaker 148 45:41
house bill 136 house for 1377 by joint budget diedulpati second time household there are после 1200 hotel is Rutgers spicy eight by joint budget committee
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Speaker 36 45:48
actually second and how's bill 13 78 gonebuttal has bill 1379 by joint budget committee and act for the southern arkansas reaction rate second
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Representative Bobby J. Pierce Unverified 45:56
time hospital 1379 budget house bill 1380 by joint budget committee and act for the arkansas take action rate second time house bill 1380 on budget house bill 1381 by joint budget committee and act for the henderson state university objection rate second time house bill 1381 budget house bill 1382 by joint budget committee and act for the art universe actually second time house bill 1382 house bill 1383 by joint budget Committee, an act of the University of Arkansas, House Bill 1383, go on budget, House Bill 1384 by Representative Allen, an act to improve
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Speaker 148 46:30
the process, House Bill 1384, Insurance
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Representative Bobby J. Pierce Unverified 46:32
and Commerce, House Bill 1385, by Representative Allen, an act to require local, House Bill 1385, House Bill 1386, by Representative Wilkins, regarding, House Bill 1386, Judiciary, House House Joint Resolution 1006, Representative Baird to Metz. House Joint Resolution 1006. House Joint Resolution 1007. House Joint Resolution 1007. House Joint Resolution 1008. House Joint Resolution 1008. Senate Bill 82 by Senator Jeffress. IObjection? Read a 2nd time. SbHcA Senate Bill 207 by Senator Hutchinson. I have an objection to read the second time. Senate Bill 207. City County, local. Senate Bill 219 by Senator Lannery. I have an objection to read the second time. Senate Bill 219. State agencies. House Joint Resolution 1009 by Representative King. I have an objection to read the second time. House Joint Resolution 1009. Thank you very much.
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Chair Unverified 48:25
Thank
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Representative Robert S. Moore, Jr. Unverified 48:52
you. outside of the desk will remain open for readings of the bill until noon today. Upon completion of the item's name, the adjourned resolution of the House will be adjourned until 11 o'clock tomorrow.
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Agenda

Call to Order

0:02

Invocation

0:38

Roll Call

1:48

HB1018

5:43

HB1254

11:48

HB1255

19:41

HB1061

21:50

HB1299

32:45

HB1301

34:13

HB1317

37:22

SB183

38:40

Announcements

42:17

Reading of Bills

44:34

Adjournment

49:08

Documents

No documents posted.

Speakers

Representative Robert S. Moore, Jr. Unverified
27 segments
Speaker 4
1 segment
Speaker 5
1 segment
Representative Eddie L. Cheatham Unverified
3 segments
Chair Unverified
44 segments
Speaker 18
1 segment
Speaker 21
1 segment
Speaker 23
1 segment
Speaker 28
1 segment
Speaker 29
1 segment
Speaker 33
4 segments
Speaker 35
2 segments
Speaker 36
15 segments
Representative Allen Kerr Unverified
9 segments
Speaker 43
1 segment
Speaker 45
1 segment
Speaker 46
1 segment
Representative Gary Deffenbaugh Unverified
3 segments
Speaker 51
1 segment
Speaker 52
1 segment
Representative Mary L. Slinkard Unverified
4 segments
Speaker 60
1 segment
Speaker 66
12 segments
Representative Tim Summers Unverified
2 segments
Representative Kathy Webb Unverified
15 segments
Representative Keith M. Ingram Unverified
3 segments
Speaker 81
1 segment
Representative Kim Hammer Unverified
4 segments
Speaker 88
1 segment
Representative Lane Jean Unverified
5 segments
Speaker 70
2 segments
Representative David J. Sanders Chair Unverified
21 segments
Representative Ann V. Clemmer Unverified
8 segments
Speaker 102
2 segments
Representative Mark Biviano Unverified
1 segment
Representative Garry L. Smith Unverified
1 segment
Speaker 107
2 segments
Representative Denny Altes Unverified
3 segments
Representative Darrin Williams Unverified
2 segments
Representative Buddy Lovell Unverified
2 segments
Speaker 126
1 segment
Representative Linda S. Tyler Unverified
2 segments
Representative Bobby J. Pierce Unverified
8 segments
Representative Les "Skip" Carnine Unverified
1 segment
Representative Fred Allen Unverified
2 segments
Speaker 137
2 segments
Speaker 101
1 segment
Speaker 145
2 segments
Speaker 148
3 segments