House Convenes

I am by the member staff press and guests in the galleries to stand to be led in prayer by the house chaplain Dr rex Horne retired pastor Emmanuel Baptist church in Little Rock and to remain standing for the pledge of allegiance to be led by Representative Gary Deffenbaugh. Let's pray together please. Bothers we come at the beginning of the session today we remember your words that says. Great is your mercy your mercies are new every morning great is your faithfulness we're so thankful for that and we're grateful to you and we pray that the cost of your mercy we might live a life of gratitude. That you would increase our capacity to identify and weep with those who weep and rejoice with those who rejoice. In the course of everyday there those opportunities and and this body today there are those who bear burdens that we do not know but you know. Help us to be sensitive to them there those are rejoicing over good news and things that have happened in their life for family let us rejoice together. And would you give this body today a single purpose of applying themselves to the business that's before them give them wisdom and guidance and bless our Speaker here today in Jesus name amen. Members please indicate your presence by pushing your yellow present button prepare the machine Mr Clerk. Cast about Mr Clark. With 95 members present The chair sees a quorum are there any request for leave. Representative Deborah Ferguson for what purpose. You're recognized. Is leave granted for representatives Jett. So noted represent a few banks for what purpose. You're recognized leave for represented Lane Jean is leave granted for RepresentativeHendren. So noted represent Cavenaugh for what purpose thank you you're recognized leave a Representative Barker is leave granted for represented by workers. So noted. Represent Murdock for what purpose I believe in a correction. Leave for Representative love and a this is leave granted for RepresentativeHouse of. Noted is leave granted for represented Nicks. Though noted. Correction is I. Mart represented low present. Duly noted. Represent Hillman for what purpose. You're recognized. Lanny Fite is leave granted for represented Linee fight. So noted. Represent represent Fredrick Love moves we dispense with reading and previous day's Journal without objections so ordered are there Reports from select committees. Are there Reports from standing committees is there any unfinished business are there any executive medications. Mister Mister Clark please read house concurrent resolution 1005. House Speaker resolution 1005 a Representative Bentley to reclaim religious freedom day. Represent Bentley you're recognized to present the resolution. Chairman thank you are. It's not every year in front of our colleagues again to start at the 90 third General Assembly and just want to welcome all the newcomers here today. This is truly the perfect day to be honoring our religious freedoms never in my life have I seen such an attack on the freedoms that we hold dear in this nation especially our first amendment rights which state. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press. Or the right of the people peaceably to assemble and to petition the government for a redress of grievances. From a declaration of independence where we state that we hold these truths self evident that all men are created equal and are endowed by their creator with certain unalienable rights. That among these are life liberty and the police pursuit of happiness. The preamble of the Arkansas constitution where we state. We the people of the State of Arkansas. Grateful to almighty god for the privilege of choosing our own form of government for our civil and religious liberty and desiring to perpetuate its blessings and secure the same to ourselves and posterity do ordain and establish this constitution. Our belief of god and the truth contained in his word have been the bedrock of our nation if we lose them our nation will crumble. I was so thankful for Speaker Shepherd showing us that he didn't just get sworn in with this hand on one Bible he was sworn in with his hand on 2 bibles. One of those being are House Bible given to us back during World War 2. Since the founding of our nation our leaders have been sworn in with their hands on a Bible. Why. Because for centuries we have believe that there is no higher authority than the word of god and nothing more we could do to uphold our oath and to place our hands on it what we do so. I pray that this body will honor and uphold the troops that are written in the very Bible that was given to us so long ago. As we honor our religious freedoms of this resolution today I want to caution all of you. That now is not the time now is our turn to protect them we must not allow ourselves to be pressured by big business and the media to pass hate crime legislation that has been used in other states and will be used in this state to bludgeon or religious freedom and our right to speak share and a pull the troops that are contained in this book protecting your constituents right contained in the first amendment do not make you a racist or a bigot it makes you a patriot. And with that I'd like to read this resolution that we have today. House concurrent resolution 1005. Where is our country's democracy is rooted in the fundamental truth that all people are created and endowed with certain unalienable rights including life liberty and the pursuit of happiness. And we're as freedom of conscience was highly valued by the individual seeking religious freedom who settled early in the American colonies. The founders of the United States and Thomas and Jefferson who wrote in his letter to the society of the Methodist Episcopal Church at New London Connecticut dated February fourth eighteen oh nine No provision in our constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority. And where is the Virginia statute for religious freedom which is enacted on January sixteenth seventeen eighty six it is the 4 runner free exercise clause of the first amendment of the United States constitution was drafted by Thomas Jefferson who considered the Virginia statute for religious freedom to be 1 of his greatest achievements. And we're as the first amendment of the United States constitution protects the right of individuals to express freely and Act peaceably on the religious beliefs and also protects individuals from coercion to profess or to act in a religious belief to which they do not adhere to. And we're as Thomas Jefferson wrote in 1798 the each ride encompassing the first amendment of the United States constitution is independent of the other rights described in that amendment. They're by guarding the same sentence and under the same words. The freedom of religion of speech and of the press insomuch that whatever violated either Thursday on the sanctuary recovers the others. We're as an 1822 he wrote that the constitutional freedoms of religion is the most in a level and sacred of all human rights. And we're as individuals who have studied United States democracy from an international perspective including Alexis to coke will have noted that religion plays a central role in preserving the United States government because religion provides the moral base required for democracy to succeed. And whereas in 1935 speech delivered at the university of Notre Dame president Franklin Delano Roosevelt quoted George Mason statement from the Virginia declaration of rights that all men are created are equally for entitled to the free exercise of religion according to the dictates of conscience and then went on to state in the conflict to policies in a political systems which the world today witnesses the United States is helpful with returning guidance and for the guidance of other nations if they will accept it that this great torch of liberty of human thought liberty of human conscience will never lowered. And we're as in town versus Greece gallery and 1811 the United States Supreme Court affirmed that people of many faiths maybe United in the community of tolerance and devotion. Where is more recently in the Roman Catholic diocese versus Cuomo in 2020 U. S. Lexus the United States Supreme Court found that even in a pandemic the constitution cannot be put away and forgotten the restrictions on religious freedom at issue in this case by federally barring many from attending religious services strike at the very heart of the first amendment's guarantee of religious liberty and whereas for countless people of the United States faith is an integral part of every aspect of daily life it is not limited to homes or houses of worship doctor creeds and where is the role of religion and the society in public life the United States is a long and robust tradition now therefore be it resolved in the house of representatives of the 90 third General Assembly of the State of Arkansas and the Senate concurring there in the house of representatives proclaimed January fourteenth twenty twenty as religious freedom day on the anniversary of the enactment of the Virginia statute for religious freedom and affirm that religious freedom is a fundamental human right thank you for a good vote. Present Bentley is explain the resolution would anyone like to speak against the resolution. Would anyone like to speak for the resolution. Represent Bentley is close for the wrestling resolution the question before the House is the adoption of house concurrent resolution 1005 all in favor say aye. Any opposed. Resolution is adopted. The morning hours ended. Mr Clark please read house resolution 1001. House resolution 1001 by representing Shepherd to adopt the rules of the house of representatives of the 90 third General Assembly. Mr Speaker you're recognized to present a resolution. Thank you Mr chairman. Member's house resolution 1001. Are the proposed rules for the house of representatives for the 90 third General Assembly as you recall Mundy we adopted the rules from the 90 second General Assembly is our temporary rules for the time being until permanent rules were adopted this resolution are those proposed permanent rules for the 90 third as is the practice every session they're rules that are offered up early in the session within the first actually within the first 3 or 4 days for presentation to the house on the house floor as to the rules for the session let me just say at the outset that with regard to the proposed changes that reflected in these rules. My general philosophy when it comes to the proposal before us and any changes to be made is if we for going to propose changes that it should serve a purpose it should address an issue shouldn't just be for the sake of of merrily just saying we change something in the past many times the initial opening rules primarily deal with maybe clean up language or smaller corrections or changes that may have come to the forefront over the past you know past session or past number of years and that's essentially what you have in front of you today I would say that because of the code situation there are some additional rule changes that are proposed in order to bring some consistency between the House rules and the temporary house rules that are are being proposed it's actually the next resolution and then finally the temporary House committee rules that will be the final resolution of the day the next to resolutions are specifically in response to cope with and how we operate and handle the house in our conduct our business and in the current environment. The rules that we have here first are the general house rules and so you're gonna see basically. 2 categories of changes some is clean up many of the changes were recommended by the parliamentarian as he is constantly reviewing our house rules for things that may need to be changed or should be cleaned up or or brought current and then additionally there are some changes that are made based upon our current situation operating in the midst of the covert 19 outbreak so I'll walk you through each of the what I would consider to be the substantial rule changes there may be other rule changes that are minor relatively minor in nature that changes maybe some of the formatting or some of the references but the the what would be considered the significant substantive changes I will attempt to cover those to the best of my ability. First if your look if you have the resolution front of you you can look at pages 1 and 2 rule 2 which states that with regard to seeding the chamber that the House shall meet on the first Friday following the November General Election and as you recall we did in fact meet on the first Friday following the General Election and then we gaveled out and so the thought was that if we eliminate the reference to the first Friday after the general election that that would give us some flexibility if we have a situation such as we had this year were maybe there's some uncertainty with a race or 2 races or however many that we could in it instead of just calling the membership in just for the sake of complying with the rule and then sending you back home that we could actually schedule that point in time when we feel like we're in a position to move forward with seat selection committee selection so that's the first thing that that you see there and rule to turn over to page 5. Rule 11 F. the second part of 11 after we're proposing to strike this this language was actually part of Speaker Gillam's recommendation for when we adopted the rule change 2 sessions ago to provide for the Speaker to appoint all the committees and then last session there was a rule change proposed and adopted to go back to the seniority to a seniority system in the course of that this language was not deleted and so we're proposing to the 2 delete it because it really should've should've been deleted last year. So that's page 511 death if you turn over to page 7 rule 16. There is a statement that the chief Clerk shall be appointed by the Speaker designate by November 1 and. What honestly The date November 1 really doesn't have any significance and probably in practice that is not occurring and has not occurred for some time and so just to to eliminate rules that that don't really serve a purpose there's no material reason to have that the main thing is the chief Clerk just needs to be appointed by the time that the that the assembly by the time the legislature convenes which that is that is occurring right now and so we're just proposing to eliminate that reference. Page let's see page 13 rule 32. The house so convene at 1:30 PM unless otherwise unless otherwise ordered by the House membership. Each day at the end of session we determine what time we're going to meet so this language really doesn't have a particular purpose but we're proposing to eliminate it because in this session. The the plan is at this point to meet at 1:00 to be give us a little more time and open up some time maybe later in the day so we're proposing to go ahead and take out that reference. Page 14 rule 38 C.. This you'll see several changes like this the rules that we previously had in place required that the bill a bill has to be physically present in the committee when it's being considered and so we have staff that is constantly shuffling bills from committee to the clerk's office to the floor and in this environment obviously we want to try and minimize as much. Interaction and movement around the capital and the fact that it's all available electronically we're just proposing to eliminate the requirement that the bill be physically present that's something that probably. I would suspect most. Most don't know that it has to be physically present right now I don't think you'll notice any difference once this rule is hopefully change to kind of bring us into the maybe a little more modern technological age. Page 19 rules 38 S.. This reduces the time for a fiscal for a. Fiscal impact statement a fiscal impact statement previously had to be provided at least 3 days before a bill could be considered in committee and I think what we've seen in the past and often times as we get into the session that the FNA can start running behind on fiscal impacts this still requires it to be available a day in advance so everybody has the benefit of that and so it's just trying to provide a little more flexibility so we don't get boxed in by maybe delays that are really outside the memberships control and I know that oftentimes members are are ready to run a bill but they're waiting on the fiscal impact this will just hopefully give us a little more flexibility. Ruled by page 24 rule 47. Our. This allows for the transfer of bills. Right now. It's my understanding that. The Bill can essentially be transferred anytime the Speaker can transfer a bill from one committee to another that. That doesn't happen that often and if it does happen it's usually for a you know some kind it to correct a mistake in terms of where a bill was sent there's a there's there's you know it's it doesn't happen just a whole lot but what the parliamentarian as recommended by adding this is that those transfers would take place in the morning as many or where in the morning there is an agenda that is read across the desk and if somebody has an objection they can object to it and then it will be brought back for the full for the full House to review and so this is just trying to set up a more formalized process and providing what I would consider to be more transparent process that if the member did want to object to that it's going to be it's gonna be on a calendar for the morning and then they could show up an object to the transfer and then it would have to you know adults only be considered by the full house so this I think is ultimately beneficial to the membership to provide greater transparency in in what occurs with those with those transfers. Page 27 ro 5481. This again relates to the requirement that we meet the first Friday after the general election and again for the same reason I would to earlier this would just provide some flexibility so that we didn't have to merely show up just to technically comply this will allow us to the for the Speaker to have flexibility to actually set the meeting at a time and place when we can actually you know take care of hopefully doing seat selection committee selection and reduce the number of meetings and trips and members have to make prior to the session. Page 28 rule 54 a 2 D. 3. This read more eliminates the requirement that the final Committee memberships Be determined no later than the House orientation held in December this again was a proposed rule change because of the situation we found ourselves in just a month or so ago and you know I think the the intent obviously is the Speaker and those memberships would be finalized you know well before session but in scheduling and looking to schedule the House caucus for purposes of sleek C. seat selections and committee selection we had orientation. Sat and we were looking for an opportunity for us to all come in and meet whether it was in orientation or a day or 2 after orientation because the house rule we had to make sure it occurred prior to orientation and so this again would just hopefully allow some flexibility so that we can when we do meet when the House does meet prior to a legislative session it can actually be the time that hopefully is best and most convenient and allows us to to fully deal with the business at hand. Page 29 rule 5485 the parliamentarians notes on this word that this was just unnecessary language was not required and therefore the parliamentarian it recommended that it be struck Page 32 rule 55 B.. This again strikes language that the bill be physically present in the committee. Page 32 and 33 rules 56 and 59. This strikes language related to seniority determinations. Which is already defined in rule 3 and then related to committee chairs appointing the Clerk clerks or other employees of the committee's subject to committee approval and who should be paid at the public's expense the House having first provided for that's actually I think this would be considered some outdated language that's not the practice is not been the practice of for some time and so we're proposing just to make sure our rules. Are consistent with what has been the practice and so therefore we're proposing that change. Page 34 rule 60 C.. This is essentially striking language related to committee scheduling will have the the proposal with regard to the temporary committee rules later today which has a schedule on it but the thought was that because we have that in place to because those temporary rules are tied to the emergency we didn't want to find ourselves in a situation where if the emergency ended that then we would immediately the scheduling could might be changed drastically essentially overnight and so this just allows us to have the opportunity to transition back to the house rules if that's what we want to do as far as scheduling goes with regard to scheduling as everybody knows we've had our usual schedule that's been followed committees have also made it other times that's essentially not to jump too far ahead but that's essentially what will have with regard to our proposed temporary committee rules we have a schedule to trying to give some clarity and predictability but committees certainly committed other times and we will work to make sure that that hopefully all are working together so that we can be as efficient as effective as possible. Thanks 34 rule 61 B. 2. This this change actually would allow for you to use an electronic device from the well while presenting as well as from the end of a committee table of course as we all know right now probably most of you are looking at your electronic devices or at least have them in front of you in out in the chamber you've been able to utilize an active in the committee rooms you've been able to utilize on but we're proposing to allow that to take place now from the well representing again to try to reduce the amount of paper that's going to be handed from one to another try it's obviously I think it's a better practice especially right now that before using our own to own devices and we have that handy as opposed to having to go get a bunch of copies from staff or otherwise now would point out that you may not. You can't use them for purposes of communication while you're down here so I don't think if you get a if the hard question comes up we don't want you getting prompted as to your what your answer should be but so it's really just for purposes of being able to to be able to look at your device look at the at the information the bill and be able to present from the well or at the end of the. At the end of the table. Page thirty April sixty six a. It is a this is a another change that is is. Just correcting a reference to how we referred to committee agendas this again is primarily because of the fact of that we're gonna be making a proposal as to temporary rules again we publicly don't find ourselves in a situation where the temporary rules go away and there's been a drastic change in how we handle it and the again just this will allow for a better transition between the 2 it when and if and you know hopefully we have the opportunity opportunity transition back to normal practice you know as we move forward. Page 40 rule 70. This actually page 39 rule 70 this this is allowing some flexibility in managing the consent calendar and then a continuing over to page 40 this allows. Provides for the exception for a supplemental calendar to the rule per per hitting bills or resolutions from being placed on more than one calendar miners that believe this is been our practice but we're just making sure it's clear in the rules that that the supplemental calendar is excluded from that from that requirement. Then we move on over page 50 rule 111. This is striking a reference to statutory provisions. And the reason for striking this is that uh you probably heard at a time or 2 around here no legislature combined if you bind a future legislature and so the reference to statutory provision under that principle is statute is not binding on us that was passed by previous legislature however constitutional provisions are obviously obviously are and that's that's left as it is we're just excluding statutory provisions. Page 52 committee rule 6. This is another deletion just required that deletes the requirement that the bill be physically present Page 54 Committee rule 13. This is just changing a reference to how we referred to a committee calendar now or we will be referring to it as an agenda. Page 56 per 58 committee rules 19 for 22 this is just a again a deletion so that as I've said before we can more smoothly transition back and not have a situation where the temporary rules immediately go away and the permanent rules then take over it could create some confusion I think it could create I mean we've seen a little bit of this I I use the example yesterday in the rules committee in the rules committee we're still under the rules in the 90 second the calendar is being handled the way it always has been handled there are a lot of questions about what would come up or not come up and so we're just trying to make sure we have some clarity and hopefully provide as transparent process particularly in the event that we have to train that we transition back to. 2 are in a what has been our normal practice and then finally I think page 60 committee committee rule 34 again This is on the fiscal impact of but a statement reduces the lead time from 3 days to one day. I believe I've. Touched on all of the what I consider to be the significant and and substitute Sam just and be glad to answer any questions. Represent Dobson for what purpose question you're recognized for a question thank you Mr Speaker Mister Speaker you've made several references you went throughout here that some of these changes are just in case the temporary rules the word going to be adopting. Potentially in a few minutes might expire. Do you think that you will propose things at the end of session to go back to normal for say in particular just the last 1 that you referenced the committee the way the bills are assigned committees and they're not automatically Calendared in these new rules proposed rules they're they're basically left to the discretion of the chair to to calendar or not calendar it is that going to be a a proposal that at the end you would be supported at making a change back to the so so what is to what I would foresee is that you know all things being equal course given and what input we have from the house if if we are out of the emergency then what I would for C. as we are moving back to our normal practice I would also say the temporary rules could be extended by a majority of the membership they're set to expire upon the into the emergency but they could be extended by a majority of the membership 5551 votes what also the you know what may happen I think there is a possibility that some of the things that we that we do temporarily I think that there may be things that the the membership may feel like or actually better practices and may be more transparent more helpful going forward but we would just have that discussion at this point the plan would be go back to the to what we have normally what our normal practices been. Represent Payton for what purpose question you're recognized for a question thank you Mr Speaker Mr Speaker the temporary rules can be extended someone we adopt a. And I if the emergency were to in mid week and all of a sudden we were looking at Committee schedules going back to normal. We extend the emergency rules to the weekend and everything normalise over the weekend instead of changing the permanent rules to reflect what will be accepted as necessary under the emergency. I mean I think that that's true the recommendation to to make these few changes based on the temporary rules was not that was not my idea that was a recommendation from the parliamentarian because of the concern about unintended consequences that could occur because of a of the rules expiring immediately. You know clearly the temporary rules go away it's not as if what what's been taken out of this necessarily will I don't know that it really precludes us from from starting that transition back it's just trying to avoid the entity and an unintended consequence that could occur if the emergency in set at you know midnight one night and then the next day we've got we know we have 18 hours yet of the gender in place 18 hours in advance it's been published on the web and got all these things and so again this is a recommendation from the parliamentarian as to what he thought was a best practice in light of our current circumstances. What you're recognized thank you I understand what you're saying. And I understand the reasoning. But I thought that was the reason for putting the provision in the temporary rules that we could vote to extend the and I don't see where changing the permanent rules. I mean I was involved in considering the temporary rules and I don't plan to oppose them in any way but I didn't want them to become permanent rules so if you could the. Maybe explain why you don't think we have an opportunity to vote to extend the emergency rules quick enough to. Cover the the cliff that you're talking about well I mean I would rely on the parliamentarians 35 years of experience in the house and his advice I think that the changes we've made there still are there still are rules and there's language has been plugged in there I think in the in the with regard to the provisions you're referencing warehouse staff will automatically without delay prepare a list of bills and resolutions referred to the committees and the and notify the sponsor of the bill that's left in there the chairperson of each committee will designate the bills resolutions that will appear on the agenda and a bill should not be placed on the agenda until the second calendar day following the initial filing of the bill which that's actually I believe that was represented Dotson's proposal from last session that is actually already part of the rules and then you go on down the I mean really the. That I think the changes are are not overly significant the the part on scheduling that was taken that was taken out just says the Speaker of the house select Stapp was a regular schedule of committee meetings in order that each 8 committee meeting so made it schedule times and H. B. committee meeting silly it's meet schedule times so that's I mean that even if we left it in there that still at my discretion I think that it would be better to have based on the parliamentarians recommendation to have this such that we will have a smoother transition back to what we hope to be will be a normal schedule again that those provisions are not something that I specifically asked for those were based at the parliamentarians recommendation and and so you know I've I've agreed with what he was proposing. Thank you. Speaker Shepherd is explained resolution would anyone like to speak against the resolution. Representing McKenzie. You're recognized to speak against the resolution. Well I hadn't planned on speaking against it but I don't generally go by plan I just. Go by maybe but I think a conviction is here so just a couple of thoughts on why I think we need to look and explore. Some changes to our rules and some of this is for the freshman coming in I remember what that's like very clearly and just some thoughts first of all before I forget. I believe that any votes that we cast. In our position as a state Representative. Should be public. So when we cast a vote for the Speaker the only reason I get to cast that vote is because of my position a state Representative district 92. I represent those people I answer to those people they deserve to see my vote. I believe that's something that we need to look at doing and changing. Some other things I would like to. Propose that we consider an insurer thoughts on. I believe we represent our folks better. When we maybe need to look at what model they're doing over there I watched what are. Our sister state Senate over there did. Put it up there and we made some changes this year and I'm really thankful for that. But with regard to chairmanships with regard to what we now have Speaker select committees. I believe our people. Are much better suited and represented. And I believe our focus. Is much better honed in on them. If we go with a model like that. I know they had some different rules on that I know we came up with we visited the last session came up with some ideas of how you would want how maybe we should proceed with that clock is different just different distribution of different things but I would encourage us this time around. To at least let's enter into some discussions here are we doing this the people's business the best way in the way that best. Represents them so that's why I'm going to be a no vote on these rules today I realized I'd be the only no vote I don't know. But I want to cut parents speak against this to point out some things that I believe our constituents would be much better served if we. Got together. And look to making those changes. In the session. Representing Mr mackenzie is spoken against the rules would anyone like to speak for the rules. Representative vis you're recognized to speak for the the resolution. Thank you Mr Speaker at the Representative Payton's point if the emergency and we can come in and and change the emergency rule that we're gonna look at later but that goes without saying we can also change any of these rules that we're looking at right now at any time so these wouldn't be permanent they were there are House rules we can change it anytime we need to so I would urge you to vote yes on this. Representative has spoke for the resolution would anyone like to speak against the resolution. For the resolution. Thank you Shepherd would you like to close for the resolution. Non thank thank you Mister chairman of. The only the only comment I would have number one I appreciate a good vote but secondly you know I I trying to be is accurate as possible when I was down over there I'm not sure how but he's been here a long time maybe it wouldn't 35 years I think Kay was 35 years but he's been here a long time so I just want to be I just want to set the record straight and with that I'd appreciate a good vote. Speaker Shepherd is a. Close for the. Resolution the question before the House is the passage of HR 1001 per the machine Mr Clerk. As everyone voted. Cass ballot Mister Clerk. With 88 is 3 days 9 present. The resolution is adopted. Mr player reed House resolution 1005. House resolution one the 1005 Mr shepherd to adoption agency rules for the house of representatives of the 90 third General Assembly. Speaker Shepherd you're recognized to explain house resolution 1005. Thank you thank you Mr chairman. Member's house resolution 1005 would be emergency rules for the operation the house of representatives. During the 90 third General Assembly these would apply a generally to what we do on the floor these are rules that are designed to only be in place during the regular session and if you know it's relatively short resolution. And you can take a look and follow along. Course to be approved by a majority vote in applies during the regular session it supersedes any conflict being rule that may be in existence. Section 2 you can see that it's that it does provide for a mass to be worn with certain exceptions and that we would all as far as accessing House properties that we would. Keep appropriate physical distance what we would maintain appropriate physical distance saying and that we would also submit to a temperature and health screening upon entry additionally that some of the voting provisions are things that we some of which we had during the fiscal session others we've we've tried to upgrade in advance of this session and provide some flexibility but you will see that of course as always you can pair you can pair a vote and just for the new members when you pair vote that's when you're going to be absent and you want to vote 1 way if you can find somebody that's voting the other way that's going to be here then you can sign a pair so that your vote can be counted we also have invested in electronic voting system where you as long as you're on our server here within and I don't know all the technical terminology but basically when you're at the capitol and your on our server our wifi here and using your house issued electronic device your the service or laptop whichever you have you can get with our with the R. I. T. people they can put the voting on there and then you can vote just the same as you're sitting at your seat and the idea is as a as I said before we're keeping this gallery on these gallery open so if members want to go sit up there or if maybe they want to step out to the quiet room or the semi private work area or other areas of the capital to provide for greater distancing they're still able to vote I would say 11. One cabbie ought to that is is that there is a it's about if the ballot is sounded you have to get back to the house chamber so that we can physically confirm that you are in fact here course we basically have that confirmation because it you have to be here on this on our system with our device but just to make sure that there's no that you know we have an accurate count that's going to be the requirement that's what's provided for their and then finally as we did in the. Fiscal session we have what is called a limited directed proxy and this would primarily be designed in the situation we're going to be missed a number of votes or you're wanting to vote on a number of issues could be a situation where you don't know if there's anybody on the other side where you know if it's a number of votes and you don't want to fill out a bunch of pairs or maybe can't find a member that's on the other side we can you can go with the limited directed proxy were you can you will designate basically you're the you're caucus leader to be your proxy you will tell them how to vote their presence with the proxy counts towards the quorum and also would count towards any a roll call that might be might be had here on the house floor again we utilize that during the fiscal session you'll recall that I think at that time represents love and represent Richmond where the leaders and they have helped us handle that and and we work through that process so we're per proposing that that be available again for the members. Be glad to answer any questions. Represent Murdock for what purpose. Question you're recognized for a question cation. A Speaker as it relates to the voting while not in the facility from a device. Has the. The technology been worked out whereby it'll be real time because many times is a delay about time the vote is going. Then that device that that's a very good question and so there's 2 elements to that but in the the I. T. people certainly know more about that I know that we have tested the system and that it worked and those test it worked virtually side you know virtually simultaneous with what you would see on the floor I would mention one of the things we also did because there is a lag in our streaming and so if you were if you were not in the presence the immediate presence the House the the issue might be that what you're watching. On line might be a few seconds behind now what should show up on your on your kind of the portal that's on the device should be very you know almost instantaneous but what we also did because really this that this was primarily or at least in my mind is primarily so that we had a means by which we can have members in areas adjacent to the chamber where they could vote and still still be here we also have invested and upgraded the monitors that are immediately around the chamber are actually we've improved that such that they are virtually simultaneous with what's going on so if you were in a quiet room the semi private work area 44 conference room and some of the areas immediately adjacent than that what you're seeing is is virtually simultaneous with what is actually happening. And this this technology. We have been advised is you know that the reason why you to be on our device in here at the capitol is booked for the security element because it it's it's not accessible outside of that. I appreciate represented makes for what purpose. You're recognized for a question I'm Mike my question my concern on the remote voting it as I understand you've got to be within the presence here of the house I don't want to sleep we're all human I don't want to create a situation where we get back in the quiet room we're not paying attention or not hearing the debate and suddenly we have members are voting on items for which they have not really heard the discussion of the debate on is that just something we're gonna have to self police ourselves or do you have any concerns about that I'm just wanna fewer dress that aspect of it I think obviously I mean I think this is being provided for this for this specific circumstance it's not something that I would for C. making permanent I think as a practical matter. It I mean again my desire is that those members are utilizing it are you know in the gallery here in other areas really it's to provide them the opportunity to social to distance appropriately and or maybe more comfortably for them given their you know their preference but I think it's I think it's better and gives at least one other option as opposed to what can occur which is members not here or maybe they've stepped out and they passed their seatmate to vote to to vote for themselves of course sounding the ballot is is ultimately the way we confirm what those votes are if we if it gets that point but I think like anything else obviously my my encouragement would be that everybody be here in the chamber or be in the gallery or in the immediately adjacent areas and be paying attention and again this is just trying to provide one other option so that we can hopefully be efficient and effective and and have as much participation moving forward is at all possible. Thank you. Thank you Shepherd has explained resolution would anyone like to speak against the resolution. For the resolution. Baker Shepherd are you close is close for the his resolution. Question before the House is the passage of HR 1005 prepare the machine Mr Clerk. As everyone voted. Casts up the ballot Mr Clark. With 81 yeas to nays and 9 present the resolution is adopted Mr Clark read. House resolution wonders 6. House resolution 1006 very Speaker separate to adopt the rules of procedure for the committees of the house of representatives of the 90 third General Assembly of the State of Arkansas. Shepherd you're recognized to explain the resolution. Thank you Mr chairman members this is the third and final resolution I have for your consideration today this resolution provides for what is commonly is being referred to as the temporary committee procedures for the house of representatives during the 90 third General Assembly I believe all of the members should receive this draft I don't know is a weaker week or so ago so that you could have the opportunity to review in advance just a little background on this for probably the last 4 months or so House and Senate leadership have worked on various rules we were trying to hopefully have some consistency so that when your bill goes to the Senate in an as you're preparing to go to the Senate per to per present a bill that you will know what the protocol is that it would be fairly similar to each other and vice versa that the Senate would have an understanding of how we're going to handle legislation on Iran and actually there was some discussion about whether we should adopt joint rules ultimately at least for me and I think others felt like it was better to preach to adopt our own rules just that will give us a little more flexibility if we see that there are certain issues that arise maybe we need to address and and as we all know there are some differences in Justin how the Senate and house operate so this gives us a little flip flexibility there and we have involved as I said house and Senate leadership along with the bureau along with staff from both ends the majority and minority leaders and other of members I know House Management chair and others and have tried to develop rules that make sense again we're not proposing things to change just for the sake of change we're trying to propose things that we think are warranted and that will provide us the greatest opportunity to have a safe efficient and effective session and hopefully allow us to continue to to be able to meet and get the people's business done in a safe environment as we move forward. If you look at House resolution 1006 you can see generally we begin with some of the preliminary matters you can see that these are only in effect for as long as a public health emergency is in place but they could be extended as I said earlier. By a majority vote of the house in the event that the emergency ends while we're in session. These rules apply to our standing in our select committees and to the extent our rules are identical to what the Senate is adopted they apply to the joint committees and I can tell you the Senate has my understanding they on Monday they adopted these rules are virtually identical so if we adopt them these will also apply to the joint committees as is always the case with any updates and as was the case with the previous resolution any any conflict between these rules in the in the House rules these rules would apply the meeting schedule an in room assignments that's attached again because of the fact that we need to try to provide as best we can for social distancing and is providing a safe and healthy environment as we possibly can it was our feeling that that some of our committee rooms are just not large enough for us to really be able to to within reason conduct our business in this in the safest manner and so at this point we're utilizing 3 committee rooms or room 151 downstairs which is our largest committee room and then we've got a big mac a which is available in the afternoons and big macs C. which is 1 floor down it's a room that is being that we've BLR and others have worked on so that we can utilize that again we'll have a couple committees in the morning. And then a couple committees in the afternoon we moved up budget by 30 minutes removing up our morning committee meetings about 30 minutes and then the afternoon committee meetings would be basically the later of 2:00 or appointed tournament as with any session there's going to have to be some flexibility there there could be a need to move some of those committees there could be a need to flip flop some of those committees that a lot of it's going to driven by the progress of those committees make by the bills that are there that the the number of bills the types of bills with their again we're gonna have to be have some degree of flexibility as we move forward but that's that's always the way it is regardless but just even more so now assigned seating you will have assigned seating in your committee rooms I have the mask requirement I believe this mask requirement is virtually identical to what was adopted our precession budget hearings and what has been adopted for other committees as well but you can see that again there's a mask requirement and a with with regard to the few exceptions there there is that mass choir meant there is the statement that every effort should be made in committee to maintain 6 feet apart. You would be subject to the health screening that we were all or. Familiar with at this point after a number of months we are encouraging you to take care of removing your own trash again just trying to eliminate the amount of interaction in the passages of papers from one individual to another. Now the big thing is the committee agendas and and so I'm gonna do my best to explain this so that everybody can understand what is being proposed. Currently. As it's been our practice in the past the house rules provide that when when a bill is filed it is assigned to a Committee. And for the new members sometimes you may be here late later in the day or immediately following session you may hear bill's being read by the Clerk and myself or someone else in the chair after it's read saying Judiciary public health what's happening is those bills have been filed and they're being assigned to a Committee. Our past practices been when they're assigned to a Committee there immediately on the agenda. Every bill ends up on agenda it is placed in the agenda in the order it's received. And depending on you know different committees do things different ways it's I guess it's kind developed uniquely overtime but basically you're working down that agenda and so at any given time anything on that agenda potentially could be brought up. Well the challenge that we have is. That what happens often times when you have those bills in committee you might have a number of people that are just coming to the Committee sitting there or their competence either to testify or just to monitor a bill that may not come up for another week 2 weeks even a month I mean I've seen instances where you've had the same people in committee. Just sitting there waiting because of the chance I might this bill might be brought up now practically in my experience. Committees generally have some idea of what they're going to bring up. I mean oftentimes chairs will let the committee know in advance Hey we're probably gonna take up. House bill 12345 if we have time we'll get 267 and 8. And so the thought is that in trying to minimize the number of people that feel compelled to be here because obviously the more people here the more presents some degree of risk just in terms of Covin in this potential spread is that let's try to make that more transparent let's try and put that out there for the membership for not just the members of the house but for the public. And so what you see here is that instead of a bill immediately going to the agenda a bill that goes to committee will go to a referred bills list and so you'll be able to go online just like any member of the public can as well you'll be able to see what bills are in that committee. All right. If it that's not the agenda that's not the calendar that is just the referred bills that bill is in that committee. Okay and and generally there's that bill should not be it's not gonna be brought up until it moves over on to an actual agenda and so we created basically to agendas one agenda is the regular agenda. This is the agenda what I would say that in what I would do is I meet with my chair's ending and we work through how this should be carried out what I would say is this is this these are the bills that you plan on getting to on that particular day these agendas as is always in the past they have to be posted 18 hours in advance and so the regular agenda is these are the bills were going to work we plan on getting to. I mean in my mind it's it's something less formal than a special order this is but this is a special order which has been used in the past to schedule this is just saying these the bills would plan on getting to now as we all know sometimes you get a committee and one bill takes a lot of time and maybe that ends up that you don't get to all of them but the plan going in is we're gonna get to these bills. Well as we discuss these rules there were some that said well why don't we just say you can only run 5 bills in a committee or 10 bills that particular day. Well my concern was that if we limited to 5 or 10 bills you know sometimes you get to a committee and there's 5 bills that the sponsors pull down or they want to amend it and then what we gonna do we just missed you know we're we're wasting time. And so in order to try and be insufficient inspected possible. What we've proposed is a what was being called a consent agenda these would be bills that could be brought up. Now the only way that ends up on the bill ends up on the consent agenda is the chair at a meeting says without objection I'm gonna move house bill. 2001 to the consent agenda if you have an objection if you think it's something that needs more specificity as to when it's going to be brought up in just object I mean that's it I'm you know I I know that we use a lot of times will do things without objection we do that's our normal course of business but this really is it if you have an issue with the chair No because we don't want to move that over. I mean the example that I've used is that I know from experience in chairing the Judiciary Committee for a couple terms and having been a member there is at some point there's going to be a lot of technical corrections bills that are filed for which. The only the code revision commission and maybe the code revisor are is the only person that's actually has much interest in that it's it's very detailed stuff it's stuff that's not really substantive changes it's it's it's basically. Editing the grammar of the code I mean that's in large part what it is well in my experience in Judiciary those bills to sit there for a while and kind of the way we've handled it is Hey if we get time one afternoon in committee we got some extra time let's bring those up. There maybe bills that that you filed that maybe you're more substantive but really there's no there's no strong opposition there's no you don't you're not aware of any opposition maybe they passed out of the Senate you know without opposition although that might cause us to actually take a closer look if that were to occur. But let's say that let's say that there's something that generally looks like there's no real opposition to this that could be moved over to the consent calendar and all that saying is that could be brought up. It might sit on the consent calendar for a while I think if it if the chair sees that there's like a large group that showing up just for that then the chair could move that off the consent so you know what we need to move that to or to just a regular agenda item or we need to move it back to just the referred bill list it's not an effort to try and fast track anything it's just trying to oust flexibility so that we don't. You know we don't box ourselves in and that we hopefully can move things forward. The other thing is far as the consent agenda when those items are brought up we're not they'll be run just like any other bill it's not designed to be a rubber stamp if you want to vote against it that's fine if you want to speak against it that's fine if there's somebody that shows up to testify against that's fine we're just it seems like there needed to be some process by which there the public can know Hey these bills could get brought up it gives them fair warning these bills could get brought up and maybe they reach out to the chair and say look this is something that's a big issue to us or maybe they reach out to you and say Hey this is a big issue would you consider not running on the consent agenda and that's something I would want our teachers to keep in mind but as far as how they're handled in committee they should be handled the exact same way as we would under the regular agenda and finally the deferred bills we've always had bills that have gone to the deferred calendar basically if you have a bill on the regular agenda if you fail to show up present. You know without talking to the chair and coordinating it's going to go back to just the referred item list it happens again I think it just goes back referred item list but the third time we're gonna move it over to the deferred bill lists so that there's no sense you know if we're telling the public we're gonna take it up but the sponsor is not communicating that no we don't let's pull it down the removed deferred bill last and then so that we can come to let people know Hey this is you know this is not not intended to come up it could be brought off of that but that has to take place my recollection is that has take place in a committee meeting. So that's essentially what we have between those agendas the regular agenda the consent agenda and the then the deferred item list. As I mentioned earlier the as we already have in place the agendas have to be set 18 hours in advance the rule related to consideration of bills as you know rules can always be suspended but in this case the rule related to those agendas and what's on the agenda and what could be considered can only be suspended by 2 thirds vote of the membership of the committee and so that we we put a higher threshold in there because obviously we're trying to give a little bit as we're trying to give some degree of certainty the public so that they understand what is going to be brought up. Then we get down to public participation as you've seen with precession budget hearings and some of the other Committee means that maybe already participate in what we have set forth is that we will have a committee room. They'll be limited amount of space for the public. Not because we want to limit it but just because the fact that under the the guidelines and what's recommended we have we can't we just can't see this many people in there is we otherwise could. And so I members public can show up to testify for against the bill as they will be in a basically holding room. Like over a big mac AT the lobby is the holding area as you've seen with precession budget hearings as those bills that they've signed up for our called up then they'll be brought into the room in those holding areas they'll be able to watch what's going on so the bill to see the progress being made on other bills ahead of theirs and then they'll be brought in to testify when it's when they're specific bill is brought up. Just so you know lobbyist or just are considering this rule just the same as a member of the public. And then with regard to remote participation we are providing an exception to the to in person my participation and so basically a member of the committee who is at high risk for illness related covert 19. Has a household member an individual for which their care giver that is considered a high risk individual related coated who has been directed to quarantine or who is tested positive coping 19 those committee members could participate remotely there's some procedural things just in terms of letting us know that you want to that that we would need to have you comply with but basically you could participate I I don't know what technology exactly be a large wanting to use but essentially you could it would be like participating bison in the event that that you initially are able to get in the meeting the is but maybe we lose the video feed. If we can't get it restored then you could participate by telephone but initially you would have to be participating in a medium for which we can verify that it was you visually and and through audio technology. We provide in here that. State agency personnel who often have to testify repeatedly in the same committees that they could participate remotely if they are in isolation due to covert 19 have been directed to quarantine or fail to health screening and part of this we saw in pre session session budget hearings you know there were some key individuals that would need to testify that were under quarantine and instead of having a delay or bring things to a grinding halt we we provided for remote participation that's what we've what we've had to put in place here and then of finally as I mentioned earlier about the committee's. With regard to the suspension the rules it would take a 2 thirds vote of the membership of the House. The final point I would make is we stated that there unlike past years we're we're not providing for planned activities for committees again that's just to try to be as safe and smart about how we're conducting our business. Be glad to answer any questions. Not appreciate a good vote. Speaker Shepherd as is explained resolution would anyone like to speak against the resolution. Represent Gonzalez you're recognized to speak against the resolution. The Speaker you'll probably think I'm coming down here to speak against mass requirement under. I appreciate everything that that the Speaker and and this older people have done to try to protect us and the staff and people in the capital from this virus but I also believe that the public needs to be protected from the government sometimes in the best way to do that is transparency it's not issued biggest issue with this I want to be the first one well with electronic by state my biggest issue with this is restricting the public's access I believe that there's ways we can do this to not limit the the public so much so that's my only issue here is is limiting access the public they need to be involved in this process this is is there government not ours so. That's well be voting against it. Represent Gonzalez's spoke against the resolution would anyone like to speak for the resolution. Against the resolution. Speaker Shepherd would you like to close for the resolution. Thank you Mr chairman and. Certainly respect record represent Gonzales point there and that's something that has been discussed I mean as we work through these looking at the availability for public participation we've ensured that that if the members public wants to be able to say something on a bill they can do that within within reason I mean as we although just because somebody signed in to testify sometimes the the that's not allowed or we run out of time but clearly if they want to have there is to say something one way or the other on they can come in and and consignee and to do that we've also as everybody knows we've improved such that our video streaming last session we improve that in the in house you know now it's it was uh there was a great move on our part so that everybody can go online and see exactly what's going on I think the challenge we have been working with bill or the secretary of state's office with the Senate and house is that how do you strike that balance if it's just if it were just anybody can show up then we would that it's it would be difficult to trying to handle that in a way that is as organized as possible in this case we provide for that public input that public participation and we can monitor as we go along it may be that that you know that we may need we may see that there could be some flexibility as we move forward there may be an opportunity we may decide that their consent things can be changed without like those as a starting point this was fair the public is able to watch certainly online they can show up to let their voice be heard at it and I don't that I know with regard to access to capital some some limitations on access but again we're trying to protect and preserve that public input but I just want to say that we have that is something that we've really wrestled with to try to make sure we're acting in a responsible way not just for the membership not just for the. Staff but for the public at large. Because Shepherd is close for the resolution. Question before the House is passage of HR 1006 per the machine Mr Clerk. As everyone voted. Cast a ballot Mr Clark. With 81 U. S. A. is 7 days and 5 present the resolution is adopted. A person makes for what purpose. Motion place let's hear your motion Mr Speaker after the announcements reading of the bills transferring the bill's place in the calendars 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 1:00 on Tuesday afternoon proper motion it's not debatable all in favor say aye. Any opposed the motion is adopted. Right there when I do this. Are there any announcements or. Represent Holcomb for what purpose. You're recognized public transportation will meet Tuesday at 2:00 PM or 5 minutes after adjournment from the house floor in maxi. Representative Smith what purpose. Announcement you're recognized I have 2 announcements that relate to house judiciary today will be meeting a big mac a 10 minutes upon adjournment. And then next Tuesday 10 minutes upon adjournment. Represent Ladyman for what purpose announcement you're recognized a public health welfare and labor will be meeting at 9:30 AM on Tuesday morning and maxi. Represent Cozart what purpose announcement you're recognized House educational meet Tuesday morning 93151. Any other announcements. No budget. The desk remain open as needed for the reading of the bills and upon completion of the items named in the adjourn resolution the house would be adjourned until 1:00 PM Tuesday.