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Arkansas House of Representatives Fiscal Session - Day 11

February 18, 2010
Video Transcript

Bills discussed (3)

Bill Title Sponsor Status
SCR3 · 4 mentions in chapter, transcript
Matched: “SCR3 Salmon (Maloch)”
Pre-2017 bill
HR1004 · 3 mentions in chapter, transcript
Matched: “HR1004 Moore”
Pre-2017 bill
SCR1 · 2 mentions in chapter, transcript
Matched: “SCR1 Joint Budget Committee (Maloch)”
Pre-2017 bill

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Unknown speaker 0:00
.
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Speaker 2 0:30
The House will come to order. I invite the
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Chair Unverified 0:45
members, staff, press, and guests in the galleries to stand and be led in prayer by the Reverend Cornel Maltbea, pastor of the True Holiness Saints Center in Conway, Arkansas, and to remain standing
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Speaker 4 0:54
for the Pledge of Allegiance to be led by Representative Bill Abernathy.
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Speaker 6 1:00
Let us pray. Lord, our Heavenly Father, we thank you today because you're such a forgiving God and that your mercy endured forever. Today, as we begin our general session, we pray that if we have relationships, privately or professionally, that need to be restored, we pray that you would give us the strength to forgive, understanding life is too short to hold unnecessary grudges. This is our prayer. Amen.
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Unknown speaker 1:30
Thank you.
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Speaker 9 2:00
Members, indicate your presence by pushing your yellow present button. Prepare the machine, Mr. Clerk. Has everyone voted?
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Chair Unverified 2:30
Cast up the ballot, Mr. Clerk. With 99 members present, the Chair sees a quorum. Are there any requests for leave? Representative Nancy Duffy-Blount moves we dispense with the reading of the previous day's journal. No objections so ordered. Are there reports from select committees? Are there reports from standing committees? Is there any unfinished business or executive communications? Members, we will begin today with the regular red calendar. Mr. Clerk, read House Resolution 1004. House Resolution 1004 by Representatives Moore and Roebuck to amend rules of the House of Representatives concerning the election of a Speaker-designate. Representative Moore, you are recognized to
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Representative Robert Moore Unverified 3:24
explain the resolution. Thank you, Mr. Speaker. As indicated, this resolution is sponsored by Representative Roebuck and myself. It merely changes the rules to have the election for the Speaker-designate 15 minutes after signing die of the fiscal session. I'd be happy to take any questions. Members, you've heard an explanation of
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Chair Unverified 3:44
the resolution. Would anyone like to speak against the resolution for the resolution? If not, the question before the House is the passage of House Resolution 1004. Prepare the machine, Mr. Clerk.
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Speaker 4 4:02
Has everyone voted? Has everyone voted? Cast up the ballot, Mr. Clerk. By a vote of
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Speaker 22 4:20
97 yeas, 0 nays, and 0 present, you have passed the resolution. Mr.
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Chair Unverified 4:29
Clerk, read Senate Concurrent Resolution 3. Senate Concurrent Resolution 3 by Sen. Salmon, Broadway, and Smith to authorize the introduction of a nonappropriation bill to amend the Arkansas Scholarship Lottery Act and require the Lottery Commission to withhold state income tax from lottery prize winnings. Mr. Malik, you're recognized to explain Senate Concurrent Resolution 3. Members, this is just a
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Speaker 25 4:58
resolution to authorize the Senate to file an identical lottery bill, as I catch my breath, to what we have on our end.
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Representative John Burris Unverified 5:07
Appreciate a good vote. Representative Burris, for what purpose? I have a question. You're recognized. I'm sorry, Representative Malley. I'll try to drag this out so you can catch your breath. On this resolution, is
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Speaker 25 5:23
the great inflation provision going to be tagged onto this as well? This is the resolution to authorize the Senate to introduce a bill. From the time it's introduced, anything can happen to it, and I think you know pretty much what we've got on the House version.
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Speaker 31 5:34
It's my assumption that there will be identical bills, but I have no guarantee of that.
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Chair Unverified 5:39
Okay, thank you. Members, you've heard an explanation of the resolution. Yes, Mr. Burris, you're recognized to
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Representative John Burris Unverified 6:02
come speak against the resolution. You're recognized. Thank you, Mr. Speaker. I speak against this for a very simple reason. We approved our resolution to run this bill that sets the lottery scholarship amount before the current debate that is going on now about the grade inflation provision being removed or suspended or changed. Whatever compromise comes out of that, it now looks like that will be tagged on to this scholarship bill. I'm opposed to that for a very simple reason. It's not what we agreed to do coming into the session. We all agreed to not open the floodgate, and this bill, when we approve this resolution, will do exactly what we all agreed we wouldn't do. Most of us honored it. This is a policy change. It's a policy that we debated during this session. It's a policy that we all agreed to when we voted 100 to nothing to approve the scholarship bill and say that we all came together and we all agreed, we all compromised, and we walked out of here 100 to nothing. And now we're trying to change it. In a fiscal session, we all agreed we wouldn't change policy. Not only that, as I said, the reason I'm speaking against the Senate resolution is because we approved the House resolution before this debate started. So we did our job. We passed out our resolution. And now it looks like there's going to be something, a part of the bill that I didn't know was going to be a part of it when I voted for the resolution. Beyond all that, it's policy. This session is not supposed to be about policy. This makes it about policy, and beyond all that, it's bad policy. We're not doing these kids any favors by shoveling them off to higher ed and telling them to deal with the problem. We set the standards, and we need to stick to
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Speaker 36 7:45
the standards that we set. Thank you. Representative Mike Burris, for what purpose?
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Speaker 38 7:49
Question, Mr. Speaker. You're recognized. Representative Burris, I understand what you're saying. I don't want to disagree with your position, but can you explain to me if
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Speaker 39 7:59
this comes back, if we vote for this or don't vote for it, if the other bill comes back, then will we not be able to vote against it? So explain to me how you came to your position. Can you do that a little bit deeper, please? Well, I'm opposed to it
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Representative John Burris Unverified 8:20
when it starts, and I'll be opposed to it when it's over. I am completely for setting a scholarship amount, and that's what I was under the impression that these resolutions would do. As long as there's a debate and there's talk about amending on other things to the scholarship amount, then I'm not for bringing it up, because that's not what we agreed to do. We agreed to deal with fiscal issues. We were asked not to deal with anything else. I honored that. There's a lot of issues out there I'd like to deal with. There's a lot of pressing issues out there in our state. And we agreed to come here and be quick, efficient, get in and out, and not deal with any policy. This is a policy that we established in the last session when we debated the formation of the lottery scholarship. It was decided then. And as long as there's talk about amending things on in committees and in backroom compromises and forcing us, the reason, and this is the most direct answer to your question, The reason that I'm speaking against it now is because once we approve this resolution, we're all going to be in a very compromising position. This is why you need to listen to me, because as soon as this becomes a bill and not a resolution and we're forced to vote on it, I'm against the great inflation change, but I've got one option at that point. I either vote for scholarships or I vote against it. And when there's a bunch of stuff put in there that I don't agree with that we didn't think was going to be in there in the first place, I'm forced to either go home and tell my constituents and answer the question on why I voted against scholarships for the kids in my district. So I'm going to be forced, if we approve this resolution, I'm going to be forced to make a vote that I didn't think I was going to have to make with amendments on it that I didn't know were going to be on it and that we
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Speaker 39 10:01
agreed not to run, and that's why I'm speaking against the resolution. Okay, so you're saying that the body of the text of the resolution is not necessarily in agreement with the title on withholding the state income.
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Representative John Burris Unverified 10:10
Absolutely not. I am for setting up a scholarship lottery. I'm not for changing the policy that we agreed to in the last session. Thank you. Thank you. Thank you, and I appreciate
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Speaker 42 10:23
a vote against this resolution. Representative Nichols, for what
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Speaker 44 10:26
purpose? Question? Mr. Burris, is you on the way? Parliamentarian. The parliamentarian? Yeah, a procedural question. Okay, you're recognized for a question to the
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Representative Jim Nickels Unverified 10:34
parliamentarian. what we are voting on is the senate version of the bill that the house has already passed is that
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Speaker 47 10:41
correct well i don't know that you're identical you're voting on a resolution to allow the introduction of a senate bill that deals with the lottery and the bill's not out yet
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Speaker 45 10:54
so i don't know what it says the bill that we passed out of the
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Representative Jim Nickels Unverified 10:58
house is in the senate now if that bill is amended then it would come back to the house
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Speaker 47 11:04
is that correct you're exactly correct it would come back to the house it would be referred back to committee and then the uh amendments would have to
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Representative Jim Nickels Unverified 11:13
be concurred in and what is the uh the vote required for this resolution 67 votes and what would the vote be required for the bill when it comes to vote on
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Speaker 42 11:27
the actual bill 51 thank you Just a point of clarification, Mr. Nichols, the bill, the
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Chair Unverified 11:33
resolution that this House has already approved gave permission for the introduction of a House bill. That bill has been introduced. It's online and ready for your viewing. That bill was assigned to the House Rules Committee, which has not voted on that bill yet. So this will be in Representative Moore's committee at the next opportunity and will be open for discussion, provided that it gets through that committee, it will be on this floor and open for discussion as well. This resolution is for an identical bill to be introduced on the Senate side, and they need our concurrence in this resolution before they can introduce a bill on the Senate side. I'll tell you that the agreement is that it will be an identical bill. I hope that helps. Thank you. Representative Adcock, for what purpose? Question of parliamentarian.
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Speaker 54 12:29
You're recognized. Does this in any way contradict what we said we would do in the beginning, and that is to only handle fiscal issues, not policy issues? Representative Adcock, that's a
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Chair Unverified 12:44
hard question to answer because the bill hasn't been dealt with in committee. Now, once a bill is in committee or on this floor, it can be amended by any member as long as the votes are there. So it's the will of the committee and the will of the body. So this just – and I think to Mr. Burris' question, there has been some language recommended by the Lottery Oversight Committee that's on the House version of the bill. But all of that is subject to committee approval and approval by this body before
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Speaker 36 13:21
it becomes law. Mr. Burris, for what purpose? Question of the parliamentarian. You're recognized. Mr. Massinelli, when
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Speaker 39 13:26
Mr. Malek comes back to the well, do we have access to ask him any further questions in regards to this bill? Yes, sir, if he'll agree
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Speaker 59 13:36
to accept them. Okay. Thank you.
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Speaker 61 13:41
Representative Rogers, for what purpose? Question. Of whom?
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Speaker 54 13:49
That's a good one. Speaker. You're recognized.
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Representative Tiffany Rogers Unverified 13:54
Is the language in the current bill, the current House bill, does it include the provision for the great inflation? Representative Rogers,
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Chair Unverified 14:05
I believe that it does, and it is subject to further amendment or committee action or amendment on the floor and any member can propose any amendment to any bill once it's open so and the
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Representative Tiffany Rogers Unverified 14:18
resolution that is on the table right now is an identical version of our house bill that is being presented or giving the senate the ability as well my understanding from senator salman is if
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Chair Unverified 14:31
this resolution passes she will introduce a senate bill that will be identical word for word to the to the house bill that's been introduced yes ma'am thank you mr speaker representative carter for what
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Representative Davy Carter Unverified 14:44
purpose question uh parliamentarian you're recognized thank you is there any way we can bring this issue uh under our previous resolution that we passed last week to the floor in a separate manner, where we're not in a position that, whether you're for or against it, that you feel like you're forced to make a choice between the two?
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Chair Unverified 15:15
Representative Carter, the answer to that question is yes. There is a House bill that's in the process, and again, if any member would like to see changes to that bill, you may come to the Rules Committee and propose an amendment. If the Rules Committee acts on that amendment, then that will be the version of the bill that's voted on on the floor. If the Rules Committee doesn't take up that amendment, there's a further opportunity to try to amend the bill on the floor, just as any other bill. So, yes, sir. Any other questions of the parliamentarian or chair? Seeing none, Representative Malik, you're recognized to close for the resolution. Thank
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Speaker 25 15:56
you, Mr. Speaker. First of all, let me tell Representative Burris that I agree with him with respect to bringing up matters that I think I use the term gum up the issue. Because I actually made a motion in lottery oversight to rescind some action that was taken that I thought would do that. And I did that in that committee and was successful in doing that in that committee. Now, you all have questions and you've got very good questions. But what is before this body today is just a resolution to allow the introduction of the bill. Anytime we do that, and we have been wanting to be very careful with what we considered outside of budget matters, we all knew that we would have to consider the lottery scholarship. We don't know exactly what the final form of that bill will be. Certainly, I understand that you consider that. But the fact of the matter is, we have approved a resolution for the House bill. That House bill will work itself through committees, and we will have a chance to vote on it. And this does not add to that in any way. This is a Senate resolution to allow them to introduce a bill. Whether it ends up in the same form or not, I don't know. But I really do think it is a matter of courtesy at this point to approve this resolution, to allow the Senate to introduce a bill. You can make your case in committees. You can bring an amendment to this floor. And I respect that right. And you should have that right. But I do think we should allow the Senate to introduce a bill and circulate it through
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Representative Robert Moore Unverified 17:34
as we're doing. And I would appreciate a
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Speaker 11 17:40
good vote. Representative Malik has closed for the resolution.
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Chair Unverified 17:43
The question before the House is the passage of Senate Concurrent Resolution 3. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Mr. Clerk. By a vote of 76 yeas, 14 nays, and 4 present, you have passed the resolution. Mr. Malik Moose-Clincher, all in favor say aye. Aye. Any opposed? Clincher is adopted. Mr. Clerk, read Senate Concurrent Resolution No. 1. Senate Concurrent Resolution No. 1 by Joint Budget Committee authorizes the introduction of a non-appropriation bill to amend the Arkansas Revenue Stabilization Law. Representative Malick, you're recognized to explain the resolution. Thank you, Mr. Speaker.
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Speaker 25 18:32
Members, we've already approved a House resolution to authorize us to file an amendment to the Revenue Stabilization Law. I've already filed that bill. This is just an identical resolution from the Senate end to allow them to file an amendment to the Revenue Stabilization Bill, and I would appreciate a good vote. Members, you've
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Chair Unverified 18:49
heard an explanation of the resolution. Would anyone like to speak against the resolution, for the resolution? If not, the question before the House is the passage of Senate Concurrent Resolution 1.
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Speaker 11 18:59
Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone
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Chair Unverified 19:15
voted? Cast up the ballot, Mr. Clerk. By a vote of 97 yeas, zero nays, and zero present, you have passed the resolution. Members, before we go to the budget calendar, we have a number of introductions we'd like to make at this time. First of all, let's welcome our doctors of the day that are in the back of the chamber. We have Dr. Catherine Baltz from Little Rock and Dr. Morris Henry from
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Speaker 2 19:48
Fayetteville. Welcome to the House of Representatives. Also
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Chair Unverified 19:50
visiting us today are students from the Pottsville Middle School. They're teachers and parents. They're guests of Representatives Andrea Lee and Representative Nathan George. If you'll wave to us, welcome to the House of Representatives. Also in the gallery today, we have the Magnolia Leadership group, a guest of Representative Bruce Malick, if you'll wave to us. Welcome to the House of Representatives. And finally, we have a leadership group from Fort Smith and Crawford County in the gallery, and their guests are Representative Green, Martin, Penartz, Pyle, Glidewell, and Malone. Welcome to the House of Representatives. Members will take up the yellow budget calendar now. Representative Malik, you're recognized to explain our procedure moving forward. Representative Malik, if you'll bear with me just for a moment, I have one more announcement that needs to be made, and I'm going to ask Representative Barnett to please come to the well to assist
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Representative Jonathan Barnett Unverified 21:07
in making that announcement. You're recognized. Thank you, Mr. Speaker. I would like to introduce to you all and recognize some very, very important young ladies that are with us here today. And if you look right up here at this part of the galley, this is the state champion Asylum Springs Lady Panther volleyball team. I might tell you that the Lady Panthers won the 5A West Conference Championship with a 14-0 record, went on to win their sixth conservative 5A state championship six times, which is an Arkansas AAA state record, and the team amassed a season record of 36-3. and i would tell you which team they beat this year but it might offend somebody in this room so i'm not going to tell you that so again it's my pleasure to recognize the state champion solemn springs panther volleyball team members apparently we have a number
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Chair Unverified 22:22
of visitors in the gallery today if you'll bear with me we're going to get everyone introduced. And I have been handed a sheet that we have the County Treasurer's Association with us in the gallery today, and they want to be welcomed, or Representative Mary Lou Slinkard would like for all of us to welcome them as well. Welcome to the House of Representatives. Also in the gallery we have a leadership group from Benton County, guests of our Benton County delegation, and finally we have senior students in the agriculture program from the University of Arkansas at Monticello that are with us
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Speaker 76 23:18
today. Welcome to the House of Representatives. Mr. Malik, you're recognized
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Speaker 25 23:24
to explain the process moving forward. Thank you, Mr. Speaker. We are moving members to the budget calendar. We have a short calendar today, and we're going to group all of these bills. Let me just mention very briefly the bills that we'll be covering, Workforce Services, Department of Environmental Quality, Child Abuse and Neglect, Private Career Education, Arkansas Crime Information Center, Veterans Affairs, Parks and Tourism, Department of Workforce Services, State Police Supplemental, the Administrative Office of the Courts, and the Senate Staff Appropriation. We will do as we've done in previous days. We are batching these bills. I would be happy to entertain any questions that you might have on these, and we would also allow a member to pull any of these
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Chair Unverified 24:15
bills out and vote on separately. Any questions on any of the bills on your budget calendar? Thank you, Mr. Speaker. Mr. Clerk, read the bills for the third time. House Bill 1035, House Bill 1052, House Bill 1053, House Bill 1081, House Bill 1083, House Bill 1148, House Bill 1155, House Bill 1157, House Bill 1158, Senate Bill 62, Senate Bill 125. Question before the House is a consent passage of the preceding bills and emergency clauses. Prepare the machine, Mr. Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Mr. Clerk. By a vote of 96 yeas, 0 nays, and 0 present, you've passed the bills and the emergency clauses. Representative Everett, for what purpose?
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Speaker 83 25:13
A adjournment motion. Let's hear your motion. After the announcement of reading the bill, it's placed on the counter on the desk. The
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Speaker 84 25:20
members of the bill with their own amendment, withdrawing their own bills, finalizing the resolution, reading communication, and remaining reported, I
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Chair Unverified 25:28
move we adjourn until 1.30 Monday. Proper motion, not debatable. All in favor say aye. Aye. Any opposed? Motion carries. Are there any announcements?
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Speaker 85 25:37
Representative Malick, for what purpose? You're recognized. Announcement. We are
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Speaker 25 25:41
going to meet joint budget immediately upon adjournment of both chambers. Now, I do not know where the Senate is, but as soon as the Senate
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Representative Robert Moore Unverified 25:49
adjourns, we will meet joint budget. We will also plan to meet joint budget on Monday
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Chair Unverified 25:58
at 1.30. Representative Overby, you're recognized for an announcement. Thank you, Mr. Speaker. Joint Committee on Public Retirement Social Security Programs will meet Wednesday upon adjournment of both houses. Thank you. Representative Reap, for
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Representative George Overbey Unverified 26:11
what purpose? Announcement. You're recognized. Thank you, Mr. Speaker.
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Chair Unverified 26:15
I'm going to go ahead and give everybody a little advance notice. Public Health
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Speaker 88 26:20
Committee will be meeting, Joint Public Health Committee will be meeting next Tuesday at 1030, and we're going to be
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Representative George Overbey Unverified 26:29
talking Medicaid. Representative Abernathy, for what purpose? You're
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Speaker 89 26:35
recognized. Announcement. It came through then, didn't it? Announcement, Mr. Speaker, the House Education Interim Committee and Senate Education will meet Tuesday at 10 o'clock in room 130.
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Representative George Overbey Unverified 26:47
Representative Moore, you're recognized for an
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Representative Robert Moore Unverified 26:49
announcement. Thank you, Mr. Speaker. The Rules Committee will meet Monday at 12 o'clock, room 151. Thank you. Thank you.
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Representative George Overbey Unverified 27:31
Representative Malik, for what purpose? Motion. Let's
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Representative Robert Moore Unverified 27:46
hear your motion. Mr. Speaker, I move that we expunge the vote by which the adjournment motion passed in order to consider a later time to reconvene on Monday. Proper motion.
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Speaker 9 27:57
It is debatable. Representative Malik, please come to the well to explain your motion.
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Speaker 25 28:07
Thank you, Mr. Speaker. Members, I apologize for the confusion. We're on a very tight schedule, not just today but for the entire session, and we got out of joint budget late, and I didn't have a chance to visit with the Speaker. We are going to need to meet on Monday, and, of course, Representative Everett's motion was to that effect. However, we need to consider a few items in Joint Budget Committee first on Monday so we can have a supplemental calendar in the event we have any amendments that we need to get on bills to keep us on time frame where we can still hopefully get out next week. So that's the reason for my motion, and
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Speaker 95 28:43
I would add a request for an adjournment motion that might say something like 2.30. Members, you've heard
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Speaker 76 28:51
an explanation of the motion. Would anyone like to speak against the motion, for the motion? If not the
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Chair Unverified 28:57
question before the House, is the motion to expunge the vote by which the adjournment motion passed? All in favor say aye. Aye. Any opposed? Motion carries. Representative Everett, for what purpose?
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Speaker 84 29:09
Adjournment motion. Let's hear your motion. After reading the bill, it's placed the cover on the desk, finalizing resolution and making a report. I move we adjourn until 2.30
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Chair Unverified 29:19
Monday. Proper motion, not debatable. All in favor say aye. Aye. Any opposed? Motion carries. Are there any other announcements? Representative Ingram?
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Speaker 96 29:33
Announcement. You're recognized. I want to remind everyone tonight, the cocktail reception at the Verizon Arena, Arkansas Sports Hall of Fame, 6 o'clock. Banquet tomorrow night, 6.30, same place. Are
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Speaker 76 29:45
there any other announcements? Read the committee reports,
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Chair Unverified 29:50
Mr. Clerk. Mr. Speaker, we are committee on joint budget. To whom was referred, House Bill 1092, House Bill 1094, House Bill 1101, House Bill 1107, and House Bill 1122, all by Joint Budget Committee, beg leave to report. We've had the same under consideration and herewith return the same with the recommendations that they do pass. Mr. Speaker, we committee on Joint Budget, to whom was referred, House Bill 1162, Representative Hyde, beg leave to report. We've had some consideration here with return the same recommendation that do pass. Respectfully submitted, Representative Bruce Malick, Chair. The desk will remain open until 4 o'clock for the reading and introduction of bills. The House stands in recess until 2.30 Monday. uh members
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Agenda

Call to Order

0:50

HR1004 Moore

3:14

SCR3 Salmon (Maloch)

4:29

SCR1 Joint Budget Committee (Maloch)

18:18

Introduction Joint Budget Bills

20:42

Roll Call Joint Budget Bills

24:51

Adjournment

25:16

Documents

No documents posted.

Speakers

Speaker 2
2 segments
Chair Unverified
49 segments
Speaker 4
2 segments
Speaker 6
1 segment
Speaker 9
2 segments
Representative Robert Moore Unverified
6 segments
Speaker 22
1 segment
Speaker 25
13 segments
Representative John Burris Unverified
11 segments
Speaker 31
1 segment
Speaker 36
2 segments
Speaker 38
2 segments
Speaker 39
3 segments
Speaker 42
2 segments
Speaker 44
1 segment
Representative Jim Nickels Unverified
4 segments
Speaker 47
2 segments
Speaker 45
1 segment
Speaker 54
3 segments
Speaker 59
1 segment
Speaker 61
1 segment
Representative Tiffany Rogers Unverified
3 segments
Representative Davy Carter Unverified
1 segment
Speaker 11
2 segments
Representative Jonathan Barnett Unverified
3 segments
Speaker 76
3 segments
Speaker 83
1 segment
Speaker 84
2 segments
Speaker 85
1 segment
Representative George Overbey Unverified
4 segments
Speaker 88
1 segment
Speaker 89
1 segment
Speaker 95
1 segment
Speaker 96
2 segments