House Convenes

And by the member staff press and guests in the galleries to stand to be led in prayer by Reverend Steven Tiner senior pastor Levi Baptist Church North Little Rock and remain standing for the pledge of allegiance to be led by Representative Lane Jean. This press. Heavenly father we bow before you with gratitude for this beautiful day what you provided for us reason fresh from your creative hand and for every blessing which is already been bestowed upon us father we're grateful citizens proud to call Arkansas home with simple faith of Americans we say that it is in you that we place our trust father pray that you would give to each distinguished legislator your wisdom that you've promised to give to all who ask you for it although we know that we are at our best when our will is consonant with yours and so my all that is done and dared and decided in dreams in this room be that which would be to our credit when we stand before you as our omnipotent judge forgiveness of those ways that we feel you lead and guide in your name we pray amen. Members please indicate your presence by pushing your yellow present button prepared machine Mr Clerk. They're one hundred members present the chair sees a quorum represent Fredrick Love moves we dispense the reading of the previous day's Journal without objections so ordered are there Reports from select committees read reports Mister Clark Mister Speaker we are Committee on joint budget to whom was referred house bill Levin twenty five house eleven thirty one house bill fourteen seventy four house bill fourteen seventy five House Bill fourteen seventy six house bill forty seventy seven house bill fourteen seventy eight house bill fourteen seventy nine house bill fourteen eighty one helpful fourteen eighty two House before twenty three house bill forty four house bill fourteen eighty five house bill fourteen eighty nine healthful fourteen ninety helpful fourteen ninety one house for fourteen ninety two house bill forty ninety three possible fourteen ninety four house of fifteen oh three Housefull fifteen oh four bigleaf Report we buy the same under consideration here the term the same recognition do pass respectfully submitted Lane Jean chair of the reports from standing committees read reports Mister Clark Mister Speaker we are Committee on Public Health to whom was referred house bill eleven seventy seven house bill thirteen fifty one house current resin one thousand two House or Senate bill eighty eight maybe report we've had the same under consideration here with trying to sing the recognition do pass respectfully submitted Jack Ladyman chair Mr Speaker we are Committee on Public Health to whom was referred house bill Levin thirty seven house bill twelve fifteen house bill twelve fifty four house bill twelve fifty nine big Winter Park we've had the same under consideration here with her the same the recognition a do pass as amended number one respectfully submitted Jack Ladyman chair Mr Spiegel your committee on education to whom was referred house bill ten twenty one house bill eleven seventy to House Bill fourteen thirty beg leave to report we've had the same under consideration here with trying to sing the recognition do pass respectfully submitted Bruce Cozart chair. There any unfinished business are there any Executive communications read the letters from the governor Mr Clark. The board ten twenty twenty one to the Speaker of the house do Mr Speaker this is to inform you that on February twenty February tenth twenty twenty one I reviewed and approved the following measures from the regular session of the ninety first General Assembly has built in seventy six ACT one oh eight house eleven forty four second one oh nine house bill twelve eighty seven as act one to House Bill ten seventy eight ACT one eleven house bill twelve seventy one is that one twelfth house bill twelve seventy two was at one thirteen house bill twelve eighty five ACT one fourteen house bill twelve eighty eight ACT one fifteen house bill twelve nineties Act one sixteen house bill twelve ninety two is that one seventeen house bill twelve ninety three is that one eighteen house bill twelve ninety four ACT one nineteen House will twelve ninety five ACT one twenty House will twelve ninety six ACT one twenty one twelve ninety seven ACT one twenty two house bill thirteen oh nine is at one twenty three house bill thirteen eleven ACT one twenty four possible ten twenty six at one twenty five House eleven threes at one twenty six house bill eleven fifty three ACT one twenty seven house bill twelve oh two that's one twenty eight possible twelve twenty two at one twenty nine sincerely a sentencing. February tenth twenty twenty one to the Speaker of the house do Mr Speaker this is to inform you that on February tenth twenty twenty one I review and approved as to form the following measure from the regular session the ninety third General Assembly house concurrent resolution one thousand four sincerely a sentence and. Morning hour is indeed. Mr Clark please read house bill thirteen fifty three as bill thirteen fifty three by represented hop to amend the prohibitions and up on advertising use of certain symbols regarding medical marijuana. Represent park you're recognized to explain the bill. Good afternoon this bill is to add a subdivision concerning prohibitions on advertising and the use of certain symbols regarding medical marijuana the cultivation facility or dispensary shall not use any of the following within the advertisement including without limitation a cross of any color caduceus or any symbol that commonly associated with the practice of medicine or the practice of pharmacy with that'll take any questions. Absent pockets explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Percent hawk is closed for the bill the question before the House is the passage of house bill thirteen fifty three prepare the machine Mr Clerk. Everyone voted. Everyone voted. Cast about Mr Clark by a vote of seventy eight yeas nine nays and one present the bill is passed Mr Clark please read house bill thirteen thirty nine house bill thirty thirty nine to represent Evans to amend the law concerning unused sick leave seven you're recognized explain the bill. Thank you Mr Speaker colleagues house bill thirteen thirty nine very simple bill that pass through joint retirement yesterday with no opposition what this does is a teacher retirement bill what your school districts typically do this when a teacher retires any unused sick leave that they have accumulated but they have not used the district will compensate them for that said how then that payment that they receive at the end of their services taxable income what teacher retirement is his traditionally done is they have allowed the teacher to take that lump sum of unused sick leave and apply that to their final average to be able to compute for their retirement however there is a little bit a language in the code that could prohibit that and so what teacher retirements doing is asking us just clean up that strike that language out of there there's never been a situation where they didn't allow them to do it they just want to take that code out of there to make sure the teachers are always allowed the user on you sick leave in the computation the final average salary. Purpose of Tosh for what purpose thank question you're recognized. Representative Amazon just got shot like a great deal but is there a limit on the number of sick days that they can accumulate before they can receive that a lump sum is are cut off on it or can it just whatever no service whatever they the cumulated and typically the I think that's district policy there was a question that was asked yesterday outside of testimony if if for tax purposes good teachers stagger that out over maybe their last three or four years I believe the answer to that is correct thank you okay thank you yes. Say no questions I appreciate a good vote. Represent evinces explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. The Bevins is close for the bill the question before the House is the passage of house bill thirteen thirty nine prepare the machine Mr Clerk. Everyone voted. As everyone voted. Asked about Mr Clark. By a vote of ninety eight U. A. zero nine zero present the bill is passed Mr Clark please read house bill thirteen forty house bill thirteen forty by represent of Evans to amend the law concerning member contributions service credit correction of errors in termination of membership under the Arkansas teacher retirement system and to declare an emergency seven to recognized to explain the bill. Your Speaker does neither retirement teacher retirement bill trying to clean up some language in there so little bit little bit. the more difficult to explain but I'll try to be very brief so occasionally a when a teacher retires during the course of their service there is an element of unreported or under reported service this happened from their employer these situations are very rare but occasionally they do happen it is always just a good faith there just a human error mistake to that has been made what teacher retirement is asking to do is one that is discovered at the time of retirement because typically they're they're within their last couple of years before that's all computed out is to waive in statute the five year look back so that if the employee wants to make good on their contribution into teacher retirement than that year that was under reported or unreported would be designated as contributor service however even though that is the preference of teacher retirement is if in the event that they were not able to make that back back deposit then it would still get the year of service it would just be non contributory and there would be no interest no penalty just a way to allow them to make good on the years of service that they put in. See no questions I appreciate a good vote. Observances explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Represent Evans is closed for the bill the question before the House is the passage of house bill thirteen forty prepare the machine Mr Clerk. You voting on the bill and the emergency clause. As everyone voted. Everyone voted. Cast about Mr Clark. By a vote of ninety eight U. A. zero nine eight and zero present the bill an emergency clause our past. Mr Clark please read house bill twelve seventy nine House Bill twelve thirty nine by representatives to Smith to amend the law concerning disability retirement under the Arkansas teacher retirement system. Person Smith you're recognized explain the bill. Thank you Mr Speaker. House Bill twelve seventy nine Is a disability retirement determination bill in the purpose of this bill is to create a rebuttal presumption that if a member is qualified for social security benefits that they would also qualify for the Arkansas teacher retirement system disability retirement benefits. The actual decision still going to be made by the A. R. T. S. board or their medical committee it also recognizes the language of the Arkansas teacher retirement system disability law section for increased clarity. The deadline associated with the disability retirement process will also be more clearly stated and then finally they'll be a one time opportunity for a second review and that's going to be added to this bill for members tonight AT R. S. disability benefits by the medical committee provided the additional medical documents are provided. This bill is needed first of all in order to add some additional fairness and equity to the disability retirement approval process. Any favorable determination letter from the SSA has been an afterthought up to this point. I currently have a member's denied benefits by the medical committee they must return to work in order to file a new application for disability retirement. But often as in the case with the gendered of diseases that's not practical so a one time second review for members that can provide additional medical records adds furnish the process and the system's actually found that there's bill has a small cost impact on the Arkansas teacher retirement system. Any questions. C. nine I asked for a good vote. Since Smith is explained the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Smith is closed for the bill the question before the House the passage of house bill twelve seventy nine per the machine Mr Clerk. As everyone voted. Is everyone voted. Asked about Mr Clark. By a vote of ninety eight zero day and zero present the bill is passed Mr Clark please read house bill thirteen nineteen. House bill thirteen ninety represented Maddox to amend the law concerning the final average salary and credited service under the Arkansas teacher retirement system and to declare an emergency. The Matix recognized explain the bill. They were Speaker calling this is H. B. thirteen nineteen this is also a teacher retirement bill this bill were will require Arkansas teacher retirement members to have at least two years of reciprocal service to get the benefit of a reciprocal service salary this bill will protect Arkansas teacher retirement system from having to pay inflated benefits for a small amount of reciprocal service the actuarial was found this will have no material cost to the plan and there is no known opposition this bill passed unanimously out of the Joint retirement committee. Saying the questions appreciate a good vote. Represent Maddox has explained the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Represent Maddox is closed for the bill the question before the House the pastor House Bill thirteen nineteen per machine Mr Clerk. You're voting on the bill and the emergency clause. Is everyone voted. Everyone voted cast about Mr Clark by a vote of nineteen ninety eight zero nine zero present the bill emergency clause are passed Mr Clark please read house bill thirteen twenty. House Bill thirteen twenty by represent Maddox to amend the law concerning the compelling of payments from and the link with employer under the Arkansas teacher retirement system. The Matix recognized explain the bill. Thank you Mr Speaker so another teacher retirement bill another very simple bill this bill H. B. thirteen twenty will require employers in Arkansas to remit their contributions electronically. Right now the vast majority of school districts already remit electronically but some do not and this is just going to require it I've been assured by a C. R. S. though the if there is an issue they have a good faith waiver and they will not penalize them as long as the district district is trying but this is a much more efficient manner and they want to get everyone basically doing this electronic manner so that's all this bill does this also passion is not a joint retirement so we have to take any questions. Saying that I presented above represent Maddox is explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Person Maddox is closed for the bill the question before the House is the passage of house bill thirteen twenty prepare the machine Mr Clerk. Has everyone voted. Everyone voted cast about Mr Clark by a vote of nineteen ninety eight zero day and zero present the bill is passed Mr Clark please read house bill twelve seventy three. House Bill twelve seventy three my represented Stu Smith to establish the oil and gas owners lean active twenty twenty one percent Smith you're recognized to explain the Bill. You Mr Speaker. The purpose of this bill is to protect landowners and royalty owners in the event that a well operator owner should take bankruptcy or to go into receivership. Without a creditors could take of the moneys and gas or all without having to pay the royalties. It also has provisions that actually protect the creditor operator in the third party purchasers this is similar to a bill which was. Past several years ago which protected farmers storing grain in an elevator when it took bankruptcy and this bill went to committee with no opposition. Questions. Two nine appreciate a good vote. Represent Smith is explain the bill we would like to speak against the bill. Would anyone like to speak for the bill. Represent Smith is closed for the bill the question before the House is the passage of house bill twelve seventy three prepare them shame Mr Clark. Is everyone voted. As everyone voted. Cast about Mr Clark by a vote of nineteen ninety eight zero nine zero present the bill is passed. Mr Clark please read House Bill fourteen twenty six fourteen twenty six by represented long term to establish the Arkansas fair food delivery act. Represent one standard present your bill. Thank you madam Speaker. Imagine you're restaurant these days it's hard enough to make it. Then imagine you find out that your name your logo and your menu have been put on a device. Unbeknownst to you and without your permission. Now imagine there's a twenty five to thirty percent markup and your customers are calling you wanting to know where their food is and you didn't get the order that's what's happening and on March twenty eight twenty twenty in federal court hundred and fifty thousand restaurants joined a lawsuit. Suing a number of the devices that were representing their restaurants without their permission one of the issues is well it's not against the law. Well today hopefully we'll pass a law that says you need to ask first before representing my business I'd love to have you representing my business we all love getting food delivered but we'd like to have it delivered from the restaurant current menu and the restaurant would like to have that business representing them but they'd like to have at least a handshake or a notice we're not entering their contracts but what we are saying is. As the Arkansas restaurant first and then get together and go make some money with that I'd appreciate a good vote. Would anyone like to speak against the bill. Would anyone like to speak for the bill. Represented Lundstrum are you close for you bill represent once it has closed for her bill the question before the House is the passage of H. B. twelve fourteen twenty six Mr Clark prepared machine. As everyone voted. Has everyone voted. Cast up the ballot Mr Clark. With ninety four yeas and zero nays and three present the bill has passed. Mr Clark read house bill fourteen seventy one. Also fourteen seventy one by represented Hillman to amend the abandoned agricultural pesticide disposal act to clarify the responsibilities of the department of agriculture the State Plant Board into amending and out of the band and pesticide disposal fee. Hillman you're recognized presenter bill. Thank you madam Speaker. Today I bring this bill to you at the request of the Arkansas department of agriculture several years about fifteen years ago the established this program to. Of. Give the farmers or anybody with the openness to size inner storage bins or some a chance to bring it in with no questions asked and then I would dispose of it properly this is been a wonderful program. But as time goes on is taking more and more money to administer this program mainly in the disposal of the chemicals and they're taken off site somewhere and and destroyed in a and appropriate land. And so what the the plant board is asking today or the department of culture is asking to currently there's a. A fee for a. Of the registration or licensed to sell pesticides in Arkansas every year and they're asking for I think it's fifty dollars now they're asking for permission to raise it to a hundred dollars. And this went through a committee and how do I tell stories down there I won't tell anybody because I can't our total but I will be glad to take questions. Thank you. Representative Hillman has explained his bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Representative Hillman is close for his bill the question before the House is the passage of H. B. fourteen seventy one prepare the machine Mr Clerk. Has everyone voted. Has everyone voted. Cast up the ballot Mr Clark. With the vote of eighty three days nine days and for present the bill has passed. Mr Clark please read H. B. thirteen twenty eight. House Bill thirteen twenty eight by represented bride to amend the law concerning terms of office of county elected officers to coincide with the Arkansas constitution. Representa Bryant you are recognized to present your bill. Thank you madam Speaker members this bill is in response to ballot initiative number one that's the Arkansas people pass in twenty sixteen extending the terms to four years for county constitutional officers what this bill does is catch up the statute language to meet that needs is. Early in statute counties can change how they decide they'll get those powers of Custer's office they can merge say the corner and the the sheriff with this bill does is if they do that they will not decrease the salary until the next election occurs and intellectual no longer be at two year intervals it'll be to coincide with the directorial race every four years. Of a basic questions are taken. Thank you for sharing your vote. Representative Brian has explained his bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Represent the brand is closed for his bill the question before the House is the passage of H. B. thirteen twenty eight prepare the machine Mr Clark. Has everyone voted. As everyone voted. Cast up the ballot Mr Clark. With the vote of ninety eight yeas and one present the bill has passed. Clark please read H. B. fourteen thirty four also fourteen thirty four by represented starling five to create the Alzheimer's disease dementia Advisory Council and to provide for the implementation of a state Alzheimer's plan. Represent a fight you're recognized presenter bill. Thank you madam Speaker the Arkansas Alzheimer's Advisory Council was originally established in twenty thirteen. Through an oversight it was allowed to send sent and so we are asking to reinstate it. Alzheimer's as I'm sure all of you know as a growing public health crisis today in our state we have sixty thousand residents living with Alzheimer's and that number is only growing yesterday in our committee aging children youth military we ask how many of our members have personally dealt with a loved one. Who was going through a form of Alzheimer's or dementia. And I think almost everybody on our committee answered in the affirmative that someone they love someone him up once loved and knew them. Is suffering with yes. So what we are asking to do is to re establish this council that Arkansas can go about doing more to address this growing public health crisis. This requires a state plan for the council they will update that plan every four years and they will report regularly to the M. A. L. C.. This bill will help solve the problem in Arkansas by prioritizing and coordinating our state's response to Alzheimer's also it will enable our state to apply for federal grants that we can't do without the council of this nature it will ensure that the work force the care givers Medicaid public health issues and opportunities are identified and agencies and partners are working together with that advisement from internal and external partners this will be done with very very minimal cost to the state of Arkansas because everyone on this council would be a volunteer with the exception of two legislative members who will serve for a four year term so with that I'll take any questions. Seeing nine I appreciate a good vote thank you. Represent defined has explained the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Represent a fight is closed for the bill. The question before the House is the passage of H. B. fourteen thirty four prepare the machine Mr Clerk. As everyone voted. As everyone voted. Cast about Mister Clerk by a vote of ninety three eighths zero nay and one present the bill is passed. Clark please read Senate bill one thirty six Senate bill one thirty six by represented bill content to modify gas rates to determine the lowest and most advantageous market for pipeline companies represent Pilkington you're recognized explain the bill. Thank you Mr Speaker I today I present to you Senate bill one hundred thirty six as you know we use a lot of natural gas here in the state but when the new technologies we have is called renewable natural gas hydrogen another natural gas alternatives and so what this bill does essentially allows a public utilities to recognize renewable natural gas and allow gas utilities to remove any possible barriers to purchase these alternative fuels it's basically that simple doesn't say that we can't do it but we're just making sure that we're allowed to do it so it passed unanimously on the Senate has unanimously out of the house committee and I'm hoping for unanimous yes vote on this as well thank you so much. Represent Pilkington has explained the bill would anyone like to speak against the bill. We would like to speak for the bill. Represent Pilkington as close for the bill the question before the House is the passage of Senate bill one thirty six per machine Mr Clark. As everyone voted. As everyone voted. Cast about Mr Clark by a vote of ninety five yeas one eight zero present the bill is passed Mr Clark please read Senate bill one forty eight. Senate bill one forty eight by represented Tosh to amend Arkansas law related to the recording of court it's based on the Arkansas court system nineteen eighty three and to repeal the proximity station requirement. Purpose of Tosh you're recognized explain the bill. Thank you miss Baker college this bill here is just she's doing away with obsolete languages bill was passed back in nineteen eighty three and what it did then is set in place that help certain measurements would be taken through you know triangulation to establish cordage we all know that that's technology is long past those days now with GPS and everything else so all we're doing with this bill is just removing that obsolete language language and no longer is necessary and with that I'd take any questions. Thank you I appreciate a good vote. Percent Tosh has explained the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Representantes is close for the bill the question before the House is the passage of Senate bill one forty eight prepare the machine Mr Clark. So everyone voted. Is everyone voted. Cast about Mr Clark by a vote of ninety eight zero nine zero present the bill is passed Mr Clark please read Senate bill one sixty five the Bill one sixty five a Representative showing fights amend the law concerning the termination and cancellation of a residential lease of the Arkansas soldiers and airmen civil relief act. Purpose of Fite recognized explain the bill. Thank you Mr Speaker the purpose of this bill is to bring Arkansas law into alignment with federal law this bill amends the Arkansas soldiers and airmen civil relief act for soldiers and airmen to allow termination or cancellation of a residential lease when that soldier or airman has orders over one hundred and eighty days and this is under two scenarios the first is when the military service requires a permanent change of duty station that is over fifty miles from the primary residence the second is when the soldier airman is discharged from service under honorable conditions this mers benefits on active duty. Seeing no questions appreciate a good vote. Represent fighters explain the bill would anyone like to speak against the bill. Would anyone like to speak for the bill. Senate fight is closed for the bill the question before the House is the passage of Senate bill one sixty five per the machine Mr Clerk. As everyone voted. Is everyone voted. Asked about Mr Clark by a vote of ninety eight U. A. zero nine zero present the bill is passed. Members the doctor the date today was doctor to reset M. balle and the nurse of the day is miss Brenda Hewitt. Represent makes for what purpose motion. That's your motion after the announcement trading or the bills transferring the bill's place in the calendars on the desk members amending their own bills the amendments members withdrawing their own bills finalized resolutions reading communications and any remaining committee report I move we adjourn until one o'clock tomorrow afternoon at the proper motion it's not debatable all in favor say aye. Any opposed the motion carries are there any announcements. Represented Jett for what purpose announcement remit tax Mr o'clock today room one fifty one. Represent Smith for what purpose. You're recognized. A. Say that one more time. All right I'm see if I can get the language just right for house Judiciary meets at two o'clock in the big mac a. Hodges for purpose announcement you're recognized peer review subcommittee will meet tomorrow morning at seven thirty AM big make a represent Ladyman for what purpose announcement you're recognized public health labor and welfare committee will meet tomorrow at four PM in maxi for a special meeting to look at one bill. Represent Lowery for purpose announcement recognized House insurance and commerce will meet tomorrow morning at nine thirty in conference room C.. so Holcomb for what purpose. You're recognized public transportation will meet a maxi at two o'clock today thank. Represent going for what purpose announcement you're recognized I have learned that one of the most important duties of the chairman of the House Management Committee is to recognize birthdays I have also learned that sometimes people are born over the weekend and so wanted to recognize that we had a birthday over the weekend our Speaker Matthew Shepherd Happy Birthday. Representatives for what purpose announcement recognized house rules committee will meet tomorrow big mac B. at noon twelve o'clock represent Tosh for purpose of shipment you're recognized state agencies will made nine thirty in the morning room one fifty one thank you. Purpose of ought for what purpose announcement you're recognized for caucus in the morning seven AM all spring court. Any other announcements. That the desk will remain open as needed for the reading of the bills and upon completion of the items named in the joint resolution the house will be adjourned until one PM tomorrow.