House Convenes

I by the member staff press and guests of the galleries to stand to be led in prayer by Reverend Dixon Plata first Methodist Church of warranty against of represent Wardlaw and rain standing for the pledge of allegiance be led by representative. Good morning. Let us pray. Hopefully you have only got And father we offer thanks in a request to you. Thank you for the leaders in this place the elected officials the leadership and all the staffs we ask you to bless the mall inspire the mall and empower them all in the list them all to be used for your good and for your will for your people of Arkansas and beyond. Thank you for their families and friends bless them protect and encourage them as they also sacrifice for the good of our state. Holy heavenly god and father thank you for the thousands of state employees and citizen volunteers and all their families and friends give them forty two. Thank you lord for your presence and divine guidance even when we forget to trust to ask you for direction no decision is too small or too trivial to ask for your help. Thank you for your guests of truth and justice even when we fail to practice them with honesty and openness and without prejudice. Thank you for your god given wisdom even when we for sake that wisdom seventeen for quick answers with little or no consideration of long range outcomes. Help encourage that no matter the position of leadership no matter the rank or seniority no matter the committee or the caucus no matter the party no matter of any other man made label that board may they all represent and demonstrate honesty humility creativity consistency resiliency and patience. We pray for the good health and the safety of these are leaders give back to them their investment of time and energy as they shared their gifts and their talents for we the people. Bless their businesses and work back home. Or inspiring fortify them to be servant leaders seeking principle over politics over indecision and confusion with clarity of thought determination and statesmanship. Don't let distractions in premature planned side track truth in leadership with purpose. What we pray that even wrong choices we'll get our natural state to the right place. Warren helped each of us gathered here today all of us any of us to realize that our prayers do not hope things will change it be better but our prayers believe things will change. For Christ's name we pray and we believe so be it a. Members please indicate your presence by pushing your yellow present button prepared machine madam Clark. Cast ballot madam Clark. With ninety nine members present the chair sees a quorum are there any requests for leave. President works for what purpose. Leave for Rick you're recognized request leave from any mac a Linden is leave granted for represent macalin did so noted. President Jeffrey Wardlaw most we dispense with the reading of the previous day's Journal without objections so ordered are there Reports from select committees. Are there Reports from standing committees read the reports medical. Mr speaking we are a committee on Judiciary to whom was referred house bill number twelve oh eight beg leave to report that we have signed and consideration in here compared with the recommendation that a do pass respectfully submitted representative Stan Berry vice chair. Three unfinished business are there any Executive communications. Read the letter from the government of. State of Arkansas Sarah Huckabee Sanders governor January twenty third twenty twenty three to the Speaker of the house you Mr Speaker This is to inform you that on January twenty third twenty twenty three I reviewed and approved the following measures from the legislative session of the ninety fourth General Assembly house bill ten fifty six ACT two house bill ten fifty seven ACT three house bill ten fifty eight ACT four house bill ten fifty two ACT five house bill one thousand one exceed six sincerely Sarah Huckabee Sanders governor of Arkansas. Apart please read house resolution one thousand five. House resolution one thousand five a representative Charlene Fite to recognize that Damon market read for their work and restoring the Morrow farmstead MRO Arkansas. Thank you Mr Speaker who am here knows where Morrow Arkansas is raise your hand. Well several people do. Morrow is an in my district and one of the sweetest communities in the state of Arkansas and today I want to honor Margaret and Damon reed they have done a remarkable thing they bought in eighteen twenty six farm house and they have totally restored it every time Tom and I would drive through more we would check on the progress it's now finished they had guessed in it at Christmas had it all decorated as it was in eighteen twenty six except with lights. And today I want to honor them this house has been placed on the Arkansas registry of historic places on the national registry of historic places and tomorrow night they are being honored by preserve Arkansas as the volunteers who did this because they did a lot of the work themselves it took them eighteen months to restore this house to its former glory so today I rise to honor them Mr Clark if you would read just the summary I madam Clark if you read the summary. Madam Clark please read the summary resolution. To recognize Damon Marguerite for their work in restoring tomorrow farmstand Morrow Arkansas. And I thank you for a good vote person fight is explained resolution would anyone like to speak against the resolution. Would anyone like to speak for the resolution. President fight is close for the resolution the question before the house passed house resolution one thousand five all in favor say aye. Any opposed. Resolution passes. Members we have some guests with us today in the east gallery we have the associated general contractors of Arkansas. I just read what they put in front of me. In the north gallery we have doctor David Naylor and this Linda Hargis the Conway school board guests of representative Bentley. And in the east gallery we have David Meeks the father representative makes he is a Vietnam veteran and today is his birthday. Morning hour has ended. Members for Passover house bill ten eighty two min of Clark please read house bill eleven sixty five. House bill eleven sixty five by representative next to amend Arkansas law concerning the twenty first district of the state District Court system. President Nicks you're recognized to explain the bill. Thank you Mr chair college. House bill eleven sixty five. In a man's current statute concerning the twenty first District Court. Twenty first district drug court it covers Crittenden County and has seven existing courts this amendment will reduce the number from seven to six it would leave the town genet. Jennette as a small community in Crittenden County and the court has been dormant for the past fifteen plus years so current stature requires that the district judge schedule one day a month for that cold out there and so the administrative office of courts and the District Court judge requested town Jennette be deleted from the statute our state and I believe house bill eleven sixty five will do just that and far as I know there's no opposition to this bill and I would appreciate it. President nexus explain the building would like to speak against the bill would anyone like to speak for the bill. Nicks is closed for the bill question before the House is the passage of house bill eleven sixty five prepared machine madam Clerk. Is everyone voted. As everyone voted. Cast a ballot and Clark with ninety five Yeas zero nine one present the bill is passed and Clark please read house bill eleven twelve. House Bill Evans how by representative Warren to amend the law concerning the student's eligibility to attend a school district when he or she resides on a tract of land located in to school districts. And when you're recognized to explain the bill. Thank you Mr Speaker colleagues this bill is going to be limited in scope and not affect most of you but those in counties under the SEC order are impacted in those counties we do not have school choice as most of you know what. With the advancement of technology it's become laser precise where district lines are. Homeowners who bought in certain districts of found out they're no longer in the same district because of those precision lines now. They bought according to the assessor's records to be in certain school districts. What this does we've got people whose land or their homes and their actual land are now split between two districts what this allows is if you're in two districts and allows the homeowner to choose which district they go to school and so I would appreciate a good vote be glad to take any. Thank. Percent worn is explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Percent worn is closed for the bill question before the House the passage of house bill eleven twelve prepared machine man Clark. As everyone voted. Everyone voted. Asked up the ballot madam Clark with the vote of ninety five Yeas zero nine zero present the bill is passed man part please read house bill ten ninety nine. House house bill ten ninety nine by representative Collins to specify the time within which one may seek an opinion from the Attorney General on whether the decision of a public records custodian regarding the release of certain public records is consistent consistent with the law. Representive Collins you're recognized explained bill. Thank you Mr Speaker so this bill with senator Payton just says under the for your current law says that certain parties have to or may seek an opinion from the Attorney General immediately immediately is a vague term it's not clearly defined it leads to some people losing their ability to pursue their rights under the for that and so what we landed on was to replace media the with before the close of the office of the Attorney General the following business that this is a clear and defined time that'll allow everyone to avoid confusion and be able to pursue their their rights under the foreign it is supported by the press association for a coalition the for the task force the office of the Attorney General and the Municipal League everyone I believe is on board with this because again not really changing by clarifying the law sea NO questions I'd appreciate a good vote. President Collins is plain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Represent Collins is closed for the bill the question before the House is the passage of house bill ten ninety nine prepared. Has everyone voted. As everyone voted. Casts up the ballot madam Clark with ninety six C. A. zero nine zero present the bill is passed ma'am court please read house bill eleven. House bill eleven sixty three by representative Bentley to amend the law related to the management of lands located or created within lakes or rivers by the commissioner of state lands. President Bentley recognized to explain the bill. Thank you Speaker calling serve anyone okay we're good it number third week this bill is a very simple bill in the past this rule change nothing but and we just change how things are done makes more effective and efficient for constituents and also helps in Lancaster's office bill a lot easier for the land commissioner's office so if you own land on a river and there's a bend in the river in overtime sample settle in that band and then we'll get some debris so long there's a multiple set on there and trees will start running for you don't you have some land that you can actually add to your current lan and get a deed for so the process is being kind of come in my opinion convoluted where the a landowner with the land next to this new created land in the river would go to Lancaster's office I want to see if the so would give a deposit to the land commissioner's office the Lancaster's office would have to hire a surveyor we're in the state that was and they took forever to get the survey done to find the right person so this kind of flips it works as a landowner will come to Lancaster's office give a hundred twenty five dollars a pause and then they will hire a surveyor that they. Server for of that already has a property there much easier for that survey or to come in and I actually probably cheaper than somebody else coming in from out of state the from further the state doesn't know the land where you live so the landowner would have to go get the survey to the specifics of the land commissioner's office bring all that back to the land commission and get it taken care of so to me it's much easier for constituents much better flying commissioners office with that I will take any questions and if you might have a little sixty three percent Collins for a purpose. You're recognized thank you so I just I noticed there is an increase in the fee here from five hundred twenty five am I reading that right and and what's the basis for that. Before that you know have to put more for deposit and we're getting rid of the deposit they would have to do to pay for the services of a for the land owner had to give a deposit for the surveyor when I'm no longer doing that so that's one hundred twenty five dollar fee for the land commissioner's office so in an Instagram a lot cheaper for that land on it is a server they've used that's already has our land in there you know in their documents and are you done so I think in in this in the. President Wardlaw for purpose question you're recognized so with this bill and I lived on this river And say that sand built up in a tree group think I was kind of the example in committee yesterday with that not increased my property taxes by gaining that property that the river brought along that I didn't actually have you can't if you own more land you can have a higher tax bill thank you. Thank you. Represent Bentley's explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Represent Bentley is close for the bill the question before the House the passage of house bill eleven sixty three per machine madam Clark. As everyone voted. As everyone voted. Cast up the ballot madam Clark with ninety six C. A. zero nine one present. The bill is passed. Adam Clark please read house bill eleven sixty four. House eleven sixty four by representative Bentley to amend the law concerning the correction of errors arising from the the ram you write in this sale of lands of the state of Arkansas and amend the law concerning the duties of the Commissioner of State land percent Bentley recognized explain the bill. Hollings this is one of my favorite bills we get rid of obsolete language in our statute so thank you Mr no longer handles errors in this way this bill was written back in nineteen forty seven. This is back in nineteen forty seven the statute was in place Lancashire NO longer here's handles errors in this way so what is the lead. Question. Thank you. President Bentley is explain the building would like to speak against the bill. We would like to speak for the bill. President Bentley is closed for the bill the question before the House is passage of house bill eleven sixty four per machine madam Clark. Is everyone voted. As everyone voted. Asked about madam Clark. With the voted ninety sixty eight zero nine zero present the bill is passed ma'am Clark please read house bill ten fourteen. House bill ten fourteen by representative Watson to allow online training for county coroner survivor additional training courses for county coroner's and to provide that a person with a felony conviction is not eligible to be a deputy coroner president Watson you're recognized explained bill. Thank you Mr Speaker colleagues I come back again to the address some this apprehensions in reference to ten fourteen the corner bill. Section two of the bill provides that a person convicted of a felony. Are not eligible to be a deputy coroner. The same is true I want to buy understand this the same is true for law enforcement officers in jail hours in the state of Arkansas the the law enforcement officers or jailers can be in Arkansas can the serving the position to be convicted of a felony. Corners and deputy corners like law enforcement officers or positions of trust positions of trust has to mean something. Corners and deputy corners or entrusted with the gathering evidence and investigating the calls and manner of deaths some deaths are suspicious deaths and some are part of criminal investigations corners of law enforcement officers or both subject to cross examination as witnesses as to the evidence they gather during an investigation and they are handled as a part of the chain of custody I have been in part I have been involved in chain of custody many times it is critical it will make or break a case believe me also corners and deputy corners are authorized to access crime scenes which are in private residences and also in places of business they are charged with responsibility to confiscate drugs under a prescription and illicit drugs at the scenes of deaths or crimes. I hope this will answer of some questions of of of why that the utmost standards again they're the same as a commission certified police officer we appreciate a good vote. President Watson explained the building would like to speak against the bill. We would like to speak for the bill represent Richmond you're recognized speak for the bill. If you recall last time I commencement yes bill because again. I do believe that at some point. If you paid your price to society that you should get some water clean start. But I do understand why. Now we talked to the corner Association and he explained why and it's because this individual this deputy may very well end up. On the stand testifying. And one question one question that a good trial lawyer will ask would be have you ever been convicted of a felony. The moment that happens. Whoever the individual is the defendant. That is trying to defend himself the responsibility and the person on trial is going to switch. That deputy corner when he answers yes I have been convicted of a felony. And because of that. I can understand why they go ahead and do it the way that they're doing saying. We can't take that chance we can't take and allow the possibility of a serial killer walking because the the the jury gets distracted by the fact that they have somebody that's had a problem in the past. And so I now support this bill I supported because I realize that the actual problem as it usually is begins with the lawyers so thank you. Represent Richmond has spoken for the bill we would like to speak against the bill. We would like to speak for the bill president Watson is closed for the bill the question before the House is the passage of house bill ten fourteen prepared machine madam Clerk. As everyone voted. As everyone voted. Cast about madam Clark with eighty four Yeas eleven a zero present the bill is passed. Madam Clark please read house bill ten forty. House bill ten forty by representative race to repeal the Arkansas legal insurance at. Percent rate you're recognized explain the bill. Thank you Mr Speaker colleagues this bill repeals the Arkansas legal insurance act this is an act that was written in the nineteen seventies and really refers to today what are known as legal plans these are not insurance in the way that we typically think about insurance these are legal plans the way they operate is their subscription based prepaid legal plans that you pay a monthly fee for an exchange you can access a local law firm that will provide a preset are predetermined set of services like document review a basic consultation I'll they'll prepare will things of that nature individuals purchase these plans much like you'd purchase of a roadside hazard membership from triple a or businesses will sometimes purchase these plans and provided as a benefit to their employees. Also under the act the sales associates for these companies have to have a license from the state but it's not a license in the way we think about licensure there's no education or training requirements it's the only requirement is that they pay a fee to the state there's thirty three states that never license this are that never regulated in this manner in the first place and of those states that did the majority of those have repealed their requirements in the years since so what the bill does is it changes Arkansas law to conform with how most states regulate this area which is not at all and it eliminates an occupational licensing requirement that really doesn't serve any purpose the insurance department does not have any concerns with the bill and there's no known opposition. Thank you would appreciate a good vote represent raise explain the bill would anyone like to speak against the bill. We would like to speak for the bill. Percent raise close for the bill the question before the House is a passage of house bill ten forty prepared and. As everyone voted. As everyone voted. Asked about madam Clark with ninety seven yeas zero nine zero present the bill is passed. Adam Clark please read house bill eleven forty seven. Eleven house bill eleven forty seven by representative votes and in the real estate license law and to create an exemption for Arkansas licensed residential construction companies. Resent Eubanks you're recognized to explain the bill. Thank you Mr Speaker ID and asked me if I could run this bill for today and I thought it was a good idea at the time hi. That may not be the case but anyway I'm sure that a lot of people on here have been contacted since the bill ran an insurance and commerce yesterday it really is a fairly simple bill It allows licensed home builders to sell their own property and it allows them to have employees to sell that property from their inventory brand new homes never been lived in and but and if it doesn't that allows them to do so without having a real estate license. Now the representative Vaught had this bill two years ago I didn't get out of committee and she and Senator Hester of work for the last two years trying to get an agreement by which. There could be some agreement passed and it did in the in the House Committee. Now. I know. When people say there's an agreed upon bill and always there's always members of different associations that don't necessarily agree with the decision that has been made but the this bill was drafted in cooperation with the Arkansas real estate commission and the the board of realtors legislative committee. And obviously there's a lot of people in the state that are realtors and. I thank. We may hear from some of the day that don't necessarily agree with this this bill but. I'm I think it just stands to reason that if if you're a business owner. Well let me back up if I built a house myself. I I would have to have a real estate license to It on the market and. Tell my honor but. Only thing we're doing here is we're allowing a licensed home builder who builds homes to be able to do the same thing so I don't know that I can answer any of the questions that many of you may have but. I'll attempt to. Right to left center represent brown. For what purpose question you're recognized for a question representative Eubanks is it not also true that that home builder must have an employee or himself be a licensed registered broker within the state of Arkansas by the. That is correct thank you senator flowers for what purpose. Eubanks your race I'll. Thank you Mr Speaker. A reserve Eubanks isn't this bill this time and I'm this is my second time serving on insurance and commerce and I know that a couple years ago. But isn't this time at the compromise bill. Stakeholders involved from last time. That was my understanding yes I am asking. Yes. Thank you I appreciate the and would appreciate a good vote. Representive Eubanks is explain the building would like to speak again. Would anyone like. Thank you Mr Speaker and colleagues I hope you have a wonderfully blessed weekend just wanting to touch on what my colleague representative flowers said the definition of compromise is an agreement or a settlement of a dispute. That is reached by each side making concessions and see exactly what we had between both sides Senator Hester and representative Vaught as work with both sides and they reached a compromise in a and I would ask that you support this bill and give it a good vote thank you thank respect. Person very spoken for the bill we would like to speak against the bill. Would anyone like to speak for the bill. Thanks is closed for the bill the question before the House is the passage of house bill eleven forty seven prepare the machine madam Clark. As everyone voted. As everyone voted. Cast up the ballot madam Clark with eighty seven yeas ten nays and zero present the bill is passed Adam Clark please read house bill eleven eighty. House bill eleven eighty by representative wing an act for the Arkansas house of representatives staff appropriation for the twenty twenty three twenty twenty four fiscal year represent when you're recognized explain the bill. Thank you Mr Speaker this bill is simply our annual appropriation for the next fiscal year what we passed previous to this was the appropriation for the session expenses those of the temporary ones but this is for the actual full scale operations of the House just by way of information it says it's flat from last year's or not increasing any of appropriations at all and in fact before that we had four consecutive years or we had decreased the appropriations or trying to be leaner and meaner I appreciate a good vote thank you. Percent wing is explain the building would like to speak against the bill. Would anyone like to speak for the bill. Represent wing is closed for the bill the question before the House is passage of house bill eleven eighty prepared machine madam Clark. Voting on the bill and the emergency clause has everyone voted. As everyone voted. Cast up the ballot madam Clark with the voted ninety eight zero nine eight and one present the bill an emergency clause have passed. President Jean you're recognized to present the budget calendar. Thank you Mr Speaker. College we're going to try to do this in two votes today. Of Senate bill thirteen which is the Arkansas ethics commission will pull that out for one vote. It is funded by G. R. but the only increases or for insurance and cost of living. Any questions on this. Your one vote is for the bill the merger calls Mister Speaker the Clerk read the bill third time I'm Clark please read the bill for the third time Senate bill thirteen. Per machine medical. Voting on the bill in the emergency clause has everyone voted. Has everyone voted. Cast up the ballot madam Clark with the voted ninety four yeas three nays and one present the bill emergency clause are passed represent junior. Thank you Mr Speaker. College we're going to back Senate bill fourteen Senate bill nineteen Senate bill twenty one Senate bill twenty eight Senate bill sixty three. Senate bill fourteen is the You should discipline commission it does have G. R. the only increases or the two insurance and the cost of living. Senate bill nineteen part of commerce has a no G. R.. Senate bill twenty one twenty eight which is the minority health initiative and also the ops bill. There's funded out of tobacco settlement no G. R. and Senate bill sixty three. Of. Department of energy and environmental looks liquefied petroleum board it's funded out of cash no no G. R.. I need to pull any of these out of the back for any reason. We have any questions on any of these bills. Seeing none your one vote is for the batch bills and emergency clause Speaker the Clerk read the bill third time and Clark please read the bills for the third time Senate bill fourteen Senate bill nineteen Senate bill twenty one Senate bill twenty eight Senate bill sixty three. Per machine my park. Voting on the bills emergency clauses. As everyone voted as everyone voted. Cast about madam Clark. With the vote of ninety seven yeas one day and zero present the bills emergency clauses have passed. President makes what purpose motion place let's hear motion after the now since reading of the bill transferring the bills placing the counters on the desk members amending their own bills their own amendments members withdrawing their own bills finalized resolutions reading communications and any remaining committee reports I move that we adjourn until one thirty on Monday afternoon. That's a proper motion it's not debatable all in favor say aye. Any opposed motion passes are there any announcements. Represent Dalby for what purpose announcmenet you're recognized tomorrow's the last day to file retirement bills. Meeks what purpose announcmenet you're recognized capital apartments has some of the best barbecue you're gonna eat your life from a local restaurant in Searcy called nights far barbecue you don't want to miss it. President back for what purpose. You're recognized. Of the joint energy committee will be meeting Monday at ten o'clock that should be in conference room B. over and a big mac but check your calendar to make sure thanks bye present evidence for what purpose announcmenet recognized House education will reconvene from recess and fifteen minutes of adjournment represent makes for what purpose announcmenet playwright you're recognized advanced communication information technology committee will have our organizational meeting on Monday at noon in room one fifty one. Any other announcements. If not the desk will remain open as needed for the reading of the bills and upon completion The Addams named in the joint resolution the house would be adjourned until one thirty PM