House Convenes

I am by the member staff press and guests in the gallery sustained me led in prayer by the house chaplain Dr rex one retired pastor Emmanuel Baptist church in Little Rock and remain standing for the pledge of allegiance to be led by representative Lane Jean. Alleged praise. Father we thank you for this day a beautiful day outside. Noble work to be done on the inside. I pray that you'll bless the women and men who are gathered to do the work of the citizens of Arkansas and I pray that you'll bless them in their effort thank you that you've given them the desire and the opportunity to serve the public interest in the public good. And father I would pray that is we live our lives it might always be a life of service and that even though we pray so often that you would bless us and protect us and our families and our friends. May we also pray empower us and send us and use us for the greater good. This is our prayer in Jesus name amen. Members please indicate your presence by pushing yellow present button prepared machine Mr Clerk. All right members. Members we had to restart the machine so if you would indicate your presence by pushing the yellow present button one more time. Cast about Mister Clark with ninety nine members present chair sees a quorum are there any request for leave represent Payton for what purpose leave your representative Miller leave grant represent Miller. So noted represent Fredrick Love moves we dispense the reading of the previous day's Journal without objection so ordered are there Reports from select committees are there Reports from standing committees. Read reports. Mr Speaker we are committee on joint budget to whom was referred house resolution ten seventeen and House resolution ten eighteen beg leave to report we had the same under consideration and here with the turn the same with the recognition they do pass respectfully submitted Lane Jean chair Mister Speaker you Committee on joint budget to whom was referred house bill one thousand two house bill one thousand three House went out that house bill one thousand four house bill one thousand five house one thousand six house bill one thousand seven house bill one thousand eight house bill one thousand nine house bill one thousand eleven house bill ten twelve house bill ten fourteen house bill ten fifteen house bill ten sixteen house bill ten seventeen house bill ten nineteen house bill ten twenty house bill ten twenty one House potentially to house bill ten twenty three house bill ten twenty four house bill ten twenty five house bill ten twenty nine house bill ten thirty house bill ten thirty one house bill ten thirty two helpful ten thirty five households in thirty eight households in thirty nine house bill ten forty house bill ten forty one house bill ten forty two house bill ten forty four households in forty six house bill ten forty seven house bill ten forty eight helpful ten forty nine house bill ten fifty one house bill ten fifty two house bill ten fifty three house bill ten fifty seven that's what ten seventy three house bill ten seventy seven house bill ten seventy eight and house bill ten eighty beg leave to report we've had the same under consideration and here the same return same with recognition I do pass respectfully submitted Lane Jean chair. The reports committee standing committees is there any unfinished business are there any executive communication. All right members the. We'll come back to the doctor. Members we have with this in the VIP gallery we have Mr Chris Mylan. At which he's from the Arkansas National Guard captain Mylan's awards include the most meritorious service medal the army commendation medal. Army Achievement Medal Army Reserve components Achievement Medal national defense service medal global war on terrorism service medal military outstanding volunteer service medal army service ribbon Arkansas National Guard service ribbon Arkansas emergency service ribbon and the German armed forces proficiency badge he was selected as the twenty twenty National Guard association of Arkansas company grade officer of the year the twenty twenty National Guard association United States the Roosevelt leadership award for company grade officers and was one of twenty eight company grade officers army wide out of a hundred twenty thousand received the general Douglas McArthur leadership award in twenty twenty one captain malam is the guest of representive Stu Smith. And in the east gallery we have members of leadership Hot Springs they are the guests of representatives Warren McGrew and Cozart. Mr Clark please read house resolution one thousand three. House resolution one thousand three by representative Wardlaw to authorize the introduction of a nonappropriation bill to establish a funding mechanism to ensure solvency of the State and Public School Life and Health Insurance program Wardlaw you're recognized explain the resolution thank you Mr Speaker we got a few of these new I guess the first one. Sets up the reserve balances handsets of the triggers for when to raise and lower premiums you can also raise and lower the plan so you don't always have to go to premiums we did put that in the bill because there's things you can do with a plan to save money hard to spend money So that's the first one the Speaker be happy take any questions. President McKenzie for purpose question recognized for a question thank you Mr Speaker and I think this really is probably directed at at the Speaker the chair I'm just trying to get some clarification I know that little discussion I missed part of it but also for the people watching. So Amendment. Eighty six that governs dictates the fiscal session. On on these resolutions that we're going to hear my question is. Since the language says that it will be any non appropriation bill will be decided upon by two thirds of the members. Of each body so my question is after we send all those to resident to the rules committee yesterday some came out same didn't. I'm trying to discern how a committee of fifteen would satisfying. The guidelines the language. Of Amendment eighty six were two thirds of the body would have a vote. So the parliamentarian advises the committee process is an internal mechanism of the House it did that the House utilizes and so the vote today on the floor it should the resolution received two thirds would satisfy the constitutional requirements that would assuming the Senate passes a similar resolution are identical resolutions would then allow for the introduction of the bill follow a recognized. But rules of the house they would be superseded by the constitutional guidelines correct. Well the constitution is first and foremost it's supersedes everything else. I'm not following what the issue is quite honestly are you I mean. Can the question is if no other action is taken. Well then a certain subset of those resolutions would have been decided by fifteen members not have been a committee may be a for you can say two thirds but two thirds of the members have not had an opportunity. To vote on this so I'm just trying to make sure that the procedure aligns with the constitution that's all just ask for clarity thank you yes so so it does take two thirds to pass a resolution which is also the same amount it would take to pull a resolution out of committee and so if there are two thirds the membership that want to pass it then it would stand to reason there likely would be two thirds to pull it out of committee but I would also point out that this process has been utilized as long as there been fiscal sessions in the House for the better part of. Well the fourteen years. This is the seventh fiscal session and in preparation for the session the parliamentarian went back and researched the proceedings and how non fiscal bills and resolutions have been handled and the way we've handled it thus far and the way we intend to handle that is consistent with the tradition and practice the house which has to my knowledge has not been challenged with regard to the constitutionality but ultimately in order for a bill to be introduced there will be a two thirds it would have to be a two thirds vote of the full body. All right represent Wardlaw is explain the resolution. Would anyone like to speak against the resolution. Would anyone like to speak for the resolution. Purpose of Wardlaw is recognized close for the resolution so my brain was lack of oxygen I ran all the way up here and I couldn't read about time I got up here so that's my fault sorry for that but I did tell the members I would clarify something in my opening bill and I need to clarify that for the membership I've also been asked to clarify it for the affected groups. There is no mention of Medicare advantage plans in any of these bills not one mention the Medicare advantage plan piece was adopted by legislative counsel in the February meeting. It was only adopted to. To put out an RFP to obtain a an administrator for a Medicare advantage plan to be the state's plan to not be turn in our membership and membership meeting our retirees teachers our state employees out to purchase their own Medicare advantage plan that is the fear that we're seeing in these emails that is not what we're doing. We're going to form a Medicare advantage plan that is a state plan will be a mirror of the former Leri that we have today and it will be administered by an insurance company who wins the bid. An offer to people sixty five and older they will have an option to opt out so they can opt out during open enrollment. To the original plan there will be a cost difference there because the savings to the state and going to a Medicare advantage plan is that we get to use federal dollars to pay those premiums obviously there will be no federal dollars to be used on the mir planned so there will be a cost to that those members will pay that cost an opt out. Speaker Preciado latitude of the appreciate a good vote on the first amendment. Per cent percent Wardlaw has explained the resolution. The question before the House is a passage of house resolution one thousand three prepared machine Mr Clerk. Has everyone voted. Everyone voted. Cast about Mr Clark. Bravo ninety seven yeas zero nine zero present the resolution is passed Mr Clark please read house resolution one thousand four. House resolution one thousand four by representative Wardlaw to authorizing the introduction of a nonappropriation bill to clarify the definition of eligible in active retiree and to modify the eligibility of retirees to participate in life and health insurance program president Wardlaw you're recognized explain the resolution thank you Mr Speaker is the only bill that references the word retiree on make sure to be clear clear on that. We want to be careful I don't explain these bills in their entirety because obviously you're going to hear that in committee and on the floor the bill sponsors for this bill is representive eleven and I don't take any sunshine a waiver to where retirees in this bill only to require participation when that person is a working employees somewhere there teacher of theirs for their and state employee this requires a minimum of five years committed not consecutive cumulative through their career that they take state insurance when they're healthy with that I'd be happy to take any questions. Thank you Mr bigger represent Wardlaw is explain the resolution when you would like to speak against the resolution. Would anyone like to speak for the resolution. President Wardlaw is closed the resolution the question before the House is a passive house resolution one thousand four per machine Mr Clerk. As everyone voted. As everyone voted. Cast about Mr Clark. By a vote of ninety seven U. A. zero nine zero present the resolution is passed Mr Clark please read house resolution one thousand five. House resolution one thousand five a representative Wardlaw to authorize the introduction of a nonappropriation bill to establish coverage for the diagnosis and treatment of morbid this obesity under the state and public health life and health insurance program. President Wardlaw you're recognized thank you. Thank you Mr Speaker represent Dotson will be carrying this bill this bill is going to reestablish our matric surgery program so one thing we learned in the last year and going through what our consultants was we actually did see savings from the people that had a bariatric surgery we saw about forty five percent savings overall from each person that word that obtained a secretary but one thing we were doing wrong is we only gave about ten minutes on July on January first our people to sign up for the surgery because the capital so small folks would set up at midnight key in real quick and then as the cat would be reached and all the folks would would have to go home and wait for another year we found out through studying this there certain diagnoses that we should be captain because a savings there so huge sixty percent of diabetics are actually cured with a battery surgery so we want to be sure that we optimize that and we take advantage of that so that's the reason we have this resolution with that I'd be happy to take any questions represent once from for what purpose question you're recognized. Like the bill what areas are going to be caps because we could just leave it open for anything so we in the bill we left room for the Department employee benefits division to write rules around how they would cap that those rules are subject to a legislative intent version if you read the bill it's it's really strict Legislative intent there so that we maximize savings so when we see those rules come for the next few months leads of counsel a bill to answer all that questions but we're we've in the Legislative intent we've left it very strict that they have to optimize savings so we don't think you will see an actual cap what we'll see is a very well driving road to a certain diagnoses that we go after target for that savings such as diabetes follow up. So you don't see this going up to a ten or fifteen million dollar issue you see this might be a four five I don't I can't speak to the dollar because the savings is what we're after so I don't know that there be a cap on the dollar is going to be a cap on the diagnoses of the patients. Thank you. President Wardlaw has explained the resolution when he would like to speak against the resolution. Would anyone like to speak for the resolution president Wardlaw is close for the resolution the question before the House is pastor House resolution one thousand five prepared machine Mr Clerk. Everyone voted. Is everyone voted. Cast about Mr Clark. Five of nineteen sixty eight zero nine one present the resolution is passed Mr Clark please read house resolution one thousand six house resolution one thousand six by representative Wardlaw to authorize the introduction of a nonappropriation bill to modify the state contribution to the State and Public School Life and Health Insurance program sent Wardlaw you're recognized explain the resolution. Thank you Mr Speaker back during the session representative very vacation this bill violates I gotta remember do that every time well that didn't session I ran a bill that moved that cap from four fifty to five hundred fifty dollars We've always kept that cat in statute which means that every two years we have to come here we have to either move that cap we have to change it. When we looked throughout the years and other states around us we're really low what we contribute to our employees insurance. So and we have no way of putting a CPI index on what we contribute on our state employees and our teachers insurance in a few minutes and we'll talk about state insurance and have had the state teachers insurance Public School Fund and how we changed it to me or this change what is a call out to do is the board will be able to apply that medical CPI index that would then come to council so that we do have the final say so so we can budget for that but it will allow a index to be applied on annual basis so that our state employees don't have to set and take the whole brunt of premium increases so the state does take some of that here so that's all this one does be happy take any questions. President Wardlaw is explain the resolution would anyone like to speak against the resolution. Would anyone like to speak for the rest. Represent Wardlaw is closed for the resolution the question before the House is the passage of house resolution one thousand six prepared machine Mr Clerk. As everyone voted. Is everyone voted. Cast about Mr Clark. By a vote of ninety six yay zero nine to present the resolution is passed Mr Clark please read house resolution one thousand seven. House resolution one thousand seven by representative Wardlaw to authorize the nonappropriation bill to provide for legislative oversight of the State and Public School Life and Health Insurance program established employee benefits division oversight subcommittee. Thank you Mr Speaker so In the past we we've let a B. D. come to us on a basically a biannual basis and ask us for a hundred million here sixty million there and so forth but we've never had a mechanism for EBT to report to us how the program's going on a monthly basis so we had a subcommittee set up for the health exchanges that that basically didn't do any work in the last few years so we're changing that name. To the EBT oversight subcommittee. We mirror the reports that lottery and that marijuana oversight and those other oversight committee's require from the agencies they oversight see to come to hear one thing I'll tell you as we went a little heavy on the reports for me forty B. D. I think that's very prudent for us to do considered an amount of money they were putting over there and the amount of money that will be put over in the future as three quarters of a billion dollars folks we should watch this very closely and that's what this is going to do is allow us to watch it we were told by our consultants that there's a diabetes management plan that we could put in place that would save about seven and a half million dollars annually but it was going to cost us on the front end it's one thing a few of us promised the second floor and we promised agencies we would do anything that cost anything on the front end because right now we're in the negative we need to make some money we need to save some money and then we can put in programs that we have to invest in to save money down the road so one thing this committee of the charged with studying the feasibility of the diabetic management program so that we have it ready to go into effect on twenty twenty five there's nothing in this bill it says it's going into effect twenty twenty five but it says we should have it ready us and I'll be presenting this bill so with that per Speaker I take any questions. Thank you president Wardlaw is explain the resolution would anyone like to speak against the resolution. What we would like to speak for the resolution. Represent Wardlaw is close from pollution the question before the House is the passage of house resolution one thousand seven per machine Mr Clerk. Everyone voted. Everyone voted. Cast about Mr Clark. By a vote of ninety eight yeas zero nine zero president resolutions passed Mr Clark please read house resolution one thousand eight. House resolution one thousand a representative Wardlaw to authorize introduction of a nonappropriation bill to establish a governing body for the State and Public School Life and Health Insurance programming to create advisory commissions. Thank you Mr Speaker so this is probably the most complex in the whole package I stood up here last session and we abolish the board that oversees EVD we moved it over to the board of finance I stood right here in this well and I promised you guys we would come back here we would revisit this as soon as possible and we would make sure that people that are affected by these boards would have representation on these boards I can sit here and tell you today we've kept that promise if this bill passes. What we did do and what we did learn as over the last year the board of finance done on believe will job. They have a lot of well educated will finance people on there that have done it a just an awesome job so we kept them in place. We created to some boards does too so boards where that representation will be filled we have a PSE Board we have state employees board on a PSE Board every three members appointed by the governor that will have finance backgrounds actuary backgrounds business backgrounds in this field Insurance backgrounds or the requirements the other two members of the five members total the other two members of the one active employees from the public school system and one retired employee from public school system the same will take place on the state employee's board. We are allowing the education association to submit three names to the Speaker and the pro tem to pick from we're allowed the state employees association to submit three names for them to pick from they do not have to pick from those names but we're allowing those people to put forth some of their best and and that's why we want their input those people represent a lot of folks in those two systems and they should have input so we are we we allow for that in the bill we're also paying these people this is one of the things I've got a lot of questions from members of why we pay an. Well frankly people there overseeing three quarters of a billion dollars we want people that want to be there will people that can do the job so we did put forth five hundred dollars a month for their pay it's only for the sub boards board of finance is not getting paid anymore than they get paid for doing their normal job. we're not paid a committee per diem the five hundred dollars all they get monthly they do get mileage to and from Little Rock on these meetings will take place in Little Rock in a meeting place provided by AB de. Of the way the the chain of command will work is to so board will see the day to day operations operations monthly the report to the board of finance board of finance is able to meet any time they need to consider and business you may quarterly to commit monthly whatever the business demands I see them meet multiple times in the spring to set rates I see a meeting multiple times during open enrollment to set the system. I don't see a meeting on a regular basis as far as board of finance the board of finance every decision they make will go to the subcommittee that we just adopted in the resolution that's subcommittee we have final approval to counsel on how those decisions are made so any rate changes any planned changes anything will come straight to the legislature for final approval. That pretty much sets up the governing board a body with that I'd be happy to take any questions. Thank you for speaking represent Wardlaw has explained the resolution would anyone like to speak against the resolution. Would anyone like to speak for the resolution. President Wardlaw it's close resolution question before the House is a passage of house resolution one thousand eight. Where the machine Mr Clerk. Has everyone voted. Is everyone voted. Cast about Mr Clark. By a vote of ninety six Yeas zero nine one present the resolution is passed Mr Clark please read house resolution one thousand nine House resolution one thousand nine by representative Wardlaw to authorize the introduction of a nonappropriation bill to amend the public school employees health insurance program funding. Some Wardlaw you're recognized explain resolution. Your Speaker. If anybody here think something's easy go mess with the matrix funding when it comes to education please. So we started down that road and I went represented eleven and I said you now have the Big Apple so representive eleven be care this bill when this started back in October when I sit in front of you guys a council said we be setting up a categorical funds for this to go through so we can guarantee the funds to come back. We sat down with the Department of it in because we use a lot of federal dollars to pay different employees in the school we were unable to use categorical funding. Because to do that you have to jump through all these different hoops with the feds to bill to get the match money so we went back to the matrix. And when you look AT ACT eleven seventy elect ACT eleven seventy set up the funding Avenue for that money to go to schools and matrix and then come back to the V. D. so we looked at it was about ninety seven million being paid out to the schools were getting back about a hundred eighteen two hundred twenty million back so schools will pay more back so we didn't want to lose that because that's good that that that helps those teachers bill to pay their insurance most of that's taking place in Northwest Arkansas but it's some taking place in other parts is usually when there's a high property tax value for that community so we met with a part of it numerous times and we came up with with the numbers around three hundred and a little bit of change so we took it from one sixty one in the matrix today three hundred mark and I've been asked how did you how do you pay for that gap so we're able to pay for that guy out by using the public school funds so there's no new General Revenue going there it's their sales tax dollars where that comes from. So we were able to get this set up and we're able to still allow schools to pay more and we're allowed to make sure that all that money comes back to the V. D. so that's all packaged in representive eleven bill and would love to have the opportunity presents appreciate a good vote. President Wardlaw is explain resolution. We would like to speak against resolution. Would anyone like to speak for the resolution. President Wardlaw is closed for the resolution the question before the House the passage of house resolution one thousand nine. Where the machine Mr Clerk. For one voted. As everyone voted. Cast about Mr Clark aber ninety seventy eight zero nine zero president resolutions passed Mr Clark please read House resolution ten ten House resolution ten ten by representative Wardlaw to authorize an appropriation bill to require a fiscal impact statement for any proposed legislation imposing a new or increased cost obligation for health plan health benefit plans including pharmacy benefits on an NC of the State. President Wardlaw recognized explain resolution. Thank you Mr Speaker Sir representative Dotson one of the resolution where against a police us. This bill actually police is the members. What it does is sets up the employee benefits bills to be filed like what do you want to use step therapy and were you when use bariatric surgery or whatever you want to man or whatever you want to say EBT should cover or not cover should require fiscal impact statement and have a bill filing deadline. So when we look in our rules are rules required to record a vote. Three fourths vote to take up all these bills outside of that section that session represent Dotson thought it should be two thirds so this bill required two thirds vote to go outside of those deadline marks that are already in place in our rules and is already there in place for retirement a scope of practice there's a whole group of bills that we required bill for dot filing deadlines and impact statements on so with that I'd be glad to take any questions. President makes for what purpose quick question place recognized so is this going to be a substantive law change bill or this is going to be a house rules bill that good point glad you brought that up this is actually a statute change so the way we do bill filing deadlines and rules is anytime you have a filing deadline and the subsequent vote to that it's in the statute so that represent Dotson will have a rule change that he will present the rules committee after the packages adopted that was set up the joint rules between the house and Senate on how that would take place going forward so would actually be a joint rule change not a house rule change thank you representative makes because I would've forgot that. Any other questions president Dotson for what purpose I knew it he couldn't help. You Mr Speaker so it just just so I'm clear on this this bill this your bill. I'm aware I don't have come down and speak for it so you know I don't need to ask you a question this only changes the rule for teacher health insurance in these health insurance plans it does not change of three fourths vote threshold for retirement bills and for scope of practice in that district district. Thank you Mr. Represent Wardlaw is explain the resolution would you would like to speak against the resolution. Would anyone like to speak for the resolution represent Wardlaw is close for the resolution question before the House is pastor House resolution ten ten prepared machine Mr Clark. As everyone voted. As everyone voted. Cast a ballot Mr Clark by a vote of ninety eight zero nine one present the resolution is passed. The morning hour has ended. Members the doctor of the day is Dr Gloria Ryszard Davis of Little Rock in the nurse the day it's miss Sheri Bernard. Mr Clark please read house bill one thousand one. House bill one thousand one by House Management an act the Arkansas house of representatives of the ninety third General Assembly appropriation for the twenty twenty one twenty twenty two fiscal year. Represent wing you're recognized explain the bill. Thank you Mr Speaker colleagues this is simply the appropriation bill that we do at the beginning of each session that allows us to perform our functions in the house of representatives and get all our bills paid happy to take any questions appreciate a good vote. President wing has explained the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. President wing is closed for the bill the question before the House is passed house bill one thousand one prepared machine Mr Clerk. Voting on the bill and the emergency clause. As everyone voted. Everyone voted. Cast about Mr Clark. By a vote of ninety six Yeas one nine zero present the bill emergency clause is passed. Representative Jeanne moos we re referred house bill ten eighty two committee that's proper motion represent gene you're recognized to explain The motion. Thank you Mr Speaker colleagues this morning we passed out a number of. Rations out of joint budget staff this call an error on house bill ten eighty this like referred back so we can get it corrected create a good vote. Represent Jean has explained the motion when he would like to speak against the motion would anyone like to speak for the motion. Representing is close for his motion the question for the houses the re referral house bill ten eighty to committee all in favor say aye. Any opposed. The ayes have it. Send the bill back to committee. Mr Clark please read house bill ten thirteen. House bill ten thirteen. Tenth January class explain the bill. Thank you Mr Speaker colleagues is the general appropriation bill in our constitution we cannot do any business until we pass this bill for any questions. Receive a good vote. President Jean is explain the building would like to speak against the bill. Would anyone like to speak for the bill. Represent Jean is closed for the bill the question before the House the passage of house bill ten thirteen prepared machine Mr Clerk. Has everyone voted. As everyone voted cast about Mr Clark by a vote of ninety seventy eight zero nine zero present the bill is passed. Person makes for what purpose motion place let's hear your motion after the announcmenet trading or the bills transferring the bill's place on the counters on the desk members amending their own bills with their own amendments members withdrawing their own bills finalizing resolutions reading communications and any remaining committee reports I move that we adjourn until one o'clock tomorrow afternoon that's a proper motion is not debatable all in favor say aye. Any opposed. The ayes have it. Any announcements represent Jean. We have Joint Budget tomorrow morning at nine AM big mac a represent Ferguson for what purpose announcmenet you're recognized a representative Nicks and I would like to invite everyone to a press conference if you're here tomorrow morning at ten for the sole tandem ECM that is in Marion and if you'll notice in the display cases downstairs in the capital it has all four display cases household ten exhibit so if you're here please join us we'd like to have a crap. Represent Lundstrum for what purpose point of personal privilege you're recognized to whomever left the chocolates and roses on the desk yesterday thank you. Representing wing for what purpose announcmenet you're recognized House Management would love to take credit for that but it was not us. But house management will discuss further items in a committee meeting ten minutes upon adjournment in Maccabi House Management mac B.. Represent Vaught for what purpose announcmenet. Recognized for caucus will be in the morning at seven AM and the old Supreme Court ring. Any other announcements. Not the desk remain open as needed for the reading of the bills upon completion The Addams named in the joint resolution house to be adjourned until one PM tomorrow.