State Agencies & Govt'l Affairs- House

We'll. Representative Cavenaugh you're recognized president is J. R. ten thank you Mr chair and committee this is a constitutional amendment I brought to your early in the session that allows us to call ourselves the General Assembly into special session there's made up just a couple of changes to it the changes is that it takes a two thirds vote of that of the house and Senate to be up to call ourselves in the session and we will name on the call what we're going to hear but then everything else is the same as is a joint proclamation we have to be with the house and Senate together not one without the other and that is simply what it does and this doesn't take away the governor's as I said before ability to call us into special session just just gives us the same ability that the executive branch has. Representative Cavenaugh this is the same because to me but you presented to state agencies back when we were up here and for information but it's my understanding you all you did make some adjustments on the Senate the and you and vote Senator Davis is that correct yes Sir okay and and the. Eighty those things that need to be brought to the committee's attention at this time and any changes that just after midnight we already. Just about the two thirds vote Sir okay and that will say what's on the call so it's similar to a it's exactly what happens with the governor okay that's only changes made from the time it left the house went to the Senate brought back here today yes correct yes okay all right any any questions from committee members. The representative makes you're recognized for a question. Thank you Mr chairman I have a question that a follow up of if time allows my my first question representative is. When we send out these initiated acts obviously it's the will of the people who ultimately decide the fate of these pundits in the media are already railing against this amendment some of them are saying it'll be lucky to get thirty to forty five percent of the vote of the people of Arkansas what assurances can you give this committee that the people of Arkansas will support this and in light of the negative press that this is already getting and who's going to be trying to sell this to the people of Arkansas to try to get garner their support for this well I can't give you any guarantees what the people of Arkansas is going to do we put the committee amendments onto the ballot that have failed I can mention several in the last few years that we've done that the reason that this was brought forth is because my constituents continually ask me why we cannot bring ourselves in the session and we have to wait for the governor to bring us into session that's what what what was the catalyst of this amendment they're at thirty six other states in this country that do it this way that they are not simply has the ability to call themselves in and that will be working to get it done we'll have that group that's working a grassroots movement but. And I'm sure I'm not the only representative that had this situation brought to him from constituents like why do you all have to wait on the governor why can't all call yourself in and take care of these issues because the pandemic brought issues board that we never thought of before. And as far as the negative media every time we pass the bill this state Arkansas there's negative media. That's nothing I can control. Hello of you're recognized off. So my other concern is and obviously I agree to the point we can't control the media but my other concern is this so imagine a scenario with us being able to call ourselves in the session essentially at any time either through the the Speaker in the pro tem could do it or by two thirds vote of of or two thirds. of the the two bodies can call ourselves in the session. It could potentially an I'm I'm looking at what could happen here some pushing out a scenario here for you. We can get to a position where the General Assembly could essentially be in session year round we can get to a point where you know this week I've got a bill representative Dotson got a bill or a representative Whitaker has a bill that both the pro town in the Speaker like we get on their good side and so next week we're going to hear those bills and then the week after that it's you know representative Richmond and and representive Cozart have have the bills okay. But but you know representative Richmond nobody likes him so he can't get his stuff done until we get to that open period you know when we're in session when anybody can file bills or we could have scenarios where. You know right now the Republicans we control the legislature. But would we still be this happy if it was reversing the Democrats control the legislature and it's right before election time and just because you know excuse ABC now we're going to allow same day voting registration we're going to do mail in balloting and we're gonna get rid of some of the election protections that we see fit for you know right now the Republicans are in charge. Could we end up with the situation where you know Hey just because X. Y. Z. happens we're going to call ourselves in the session and you know we've already outlawed abortion but we've outlawed abortion or we're going to add more or whatever. It takes away by doing this it takes away some of the checks on legislative power probably one of the very few checks on legislative power so I'm wondering do you have any fears. Of this and would you still be okay with this proposal knowing that you know twenty years in the future the Democrats have the supermajority and they call themselves in the session nobody can do anything to stop it may pass all these laws without any check on would you be. All right with that I guess I will say that I disagree with you and here's why I disagree with you. I don't care what party is in power they were elected by the constituents of the state of Arkansas. If the constituents of the state Arkansas decide it's Republican or they decide that it's Democrats the we are the voice of the people and as being the voice of the people we have a right. For us to be able to conduct their business if something extraordinary happens and we need to call ourselves into session to be able to address those issues and that's why we put the two thirds in there so that it can happen so there can be a consensus that's why we changed it so that you can actually have to have on the call what's going to be heard. This is just a simple balancing between the executive branch and the legislative branch you may call it checks and balances I say that when the executive branch is the only one they can call us into extra extraordinary session to to conduct the business of the people were not conduct in the business of the people we're conducted the business of the executive branch this gets us equal footing with the executive branch and it is a check and balance thank you Mr thank you representative Ladyman you have a question yes thank you Mr chairman What I'm wondering about an and I'm with I guess is the question but the governor came out and said basically the same thing that representative makes just said that now we're going to be a full time legislature and you know we can be here full time I don't agree with that but but my question is do you know if the governor is opposed to this or is going to. Publicly oppose it and try to run against this because you know we are we are taking the power I agree with you that we should have but you're using his power so you think we're discussions is their concerted effort by the gun the governor to oppose this well I will say as the person that was the sponsor of this bill the governor's not once came forward to me with any issue with that so if the governor has an issue with that then the governor should be approaching the sponsor of the bills he has not so if he wants to work behind the scenes to try to kill something that gives the legislative branch the authority to call themselves in the session. And doesn't come to the sponsor I mean that doesn't say a lot about how he's going to conduct its business but once again this does not take away the governor's authority to call him so call us in the session it just allows us to be able to call ourselves in the session does not take anything away from the governor. Say no further questions representive love you have a question. Thank you Mr Chen and Representative Kevin I got kinda missed some of that testimony is is just this one time that this this joint resolution allows for this is this one time or is it any time in addition to this one time. This is allow it's going to be changing so that we can call ourselves in the session okay permanently yes and there are thirty six other states that do it this way okay all right thank you. It further questions from committee members. J. none. The water signed up to speak for against the resolution prev a motion representative Ladyman of a do pass I have a motion of a do pass any discussion on the motion. Just a minute represent the leading. You have the discussion I have a motion to comment and okay you're recognized represented by like this amendment and you know I believe. The that the municipal level I know that the city council can call in their cells in the there's a process to do that I think at the county level there is so I I believe we needed at the state level so I think this is a good amendment. Represented the quicker you're recognized for a discussion on the motion. Thank you Mr representative I have reservations about this I was a lukewarm a grudging supporter of the expansion to a fiscal sessions I share some of the governor's concerns about The potential for abuse by. Certain legislative leaders who may affect who may think themselves you know auxiliary governors but It's something that we ought to let the people decide someone I'm gonna give me a yes vote today and I'm gonna give you on the calendar year so to convince me that I'm wrong so good luck and thank you. Thank you representative represent the makes you have a discussion on the motion. I do Colleagues and thought I guess I've I've got. Sort of frustration here with this representative Cavenaugh is correct we have sent out constitutional amendments in the past and those constitutional amendments have been rejected by the people The most of you know that I've got a constitutional amendment but I've been pushing that would be a benefit to the people that the people would be strongly supportive of that I haven't been able to get through it and I don't know maybe it's just sour grapes on on my my part but I hate to see us to continually send out constitutional amendments that we know are. Dubious as to whether the people are going to support them or not but at the same time I understand we have a process in place so while I can't support this because I think our or we don't have our priorities in the right order and being consistent I didn't support the House resolution it when it went out I'm not gonna vote in favor but at the same time I respect for the process I'm not gonna vote in opposition to to let it go to the floor so that I appreciate it bye representative may representative dodging you have a discussion on the motion. Thank you Mr chair just wanna say I think this is probably one of the best balances that I've seen just to make sure there's always the a check and a balance in particular I don't think a Speaker pro tem jointly are are going to to go crazy there's a check on either one and also check on on them by the majority of the body so it's going to take a consensus by both chambers to ever get to the place where it they're going to be calling it in and for a limited time very limited narrow focus so I think this is a a good thing we've seen. We've seen opportunities that that we needed to be able to respond quickly and were had to wait. Really until the next term for there to be a a of the people's voice to be heard and as a as as the representatives and senators jointly responding to the voice of the people. And so I think this is a good thing and I support it thank you. They represented Dotson C. and said no further discussion on the motion we do have a motion representative Ladyman of do pass all in favor of the motion of do pass say aye All opposed say no congradulations jeszcze Arteon has passed. Thank you Mr chairman committee thank you committee we will probably have one more meeting and probably be Monday and I'll we'll get out of the gym the only but it looks like we're going to have to meet Monday