House Convenes

I invite the members, staff, press, and guests in the galleries to stand and be led in prayer by guest chaplain, Elder Eric Bedner, guest today of Representative Carlton Wing and Representative John Euban, let's pray. We're grateful for this wonderful state and for kindness with compassion, with wisdom and Members, please indicate your presence by pressing your yellow Has everyone recorded their presence. Cast up the ballot, Madam Clerk. 96 members present, chair sees a quorum. There are any requests for leave? Representative Lundstrom, for what purpose? You're recognized for Representative Layman. I leave granted for Representative Ladyman. are ordered Representative Holcomb, for what purpose? Recognizedd Long is leave granted for Representative Ward Law. So ordered. Representative Gramlich, what purpose? Leave recognized, leave for Representative Bro. I leave granted for Representative Bro. ordered Representative Acer, for what purpose? Uh, leave You're recognized. Lee for Representative Johnson and Lee for Representative Vaut. Is leave granted for Representative Johnson and Representative Volt. So ordered. Representative Matthew Shepherd moves that we dispense with the reading of the previous day's journal. With no objection, so ordered. Madam Clerk, are there any reports from select committees. You're recognized. Mr. Speaker, we, your committee on house management to whom was referred House Resolution 1018, House Resolution 1019, House resolution 1020. House concurrent resolution 1004, vagly report that we have under the same consideration and here concerned with the same recommendation that it do pass, respectfully submitted Representative Walker, chair. Madam Clark, are there any reports from standing committees, you're recognized. Mr. Speaker, we your Committee on Judiciary to whom was referred House Bill 1067 vaguely report that we're under the same consideration here for time, the same recommendation that it do pass as amendment number 2. Respectfully submitted Representative Darby, Chair. Mr. Speaker, we're your Committee on Judiciary, to whom was referred House Bill 1007, vaguely report that we have the same consideration. And here at the time with the same recommendation that do pass as amendment number 1 and Amendment #2, respectfully submitted representative Doby, chair. Madam Clark, any unfinished business. Is there any, uh, executive communication. Members, I'd ask you, uh, this time if you would rise and join me in welcoming our Arkansas State troopers here today. Corporal John Hollington of the regulatory Services Division of Little Rock, Corporal Trey Keller, Highway Patrol Administration from Little Rock as well. Thank you, gentlemen, for your service. Members our doctor of the day is Doctor Derek Bryant, Family Medicine physician from Little Rock, Representative Keith Brooks' district. Welcome, sir. Thank you for your service. And our nurse of the day is Lee Fazio. Thank you very much for your service. Mhm Members with us today, uh, we have in the East gallery students with the Mills Middle School. They are guests of Representative Denise in it, would you please make them welcome. Also in the East Gallery we have with us, uh, members of the Associated General Contractors of Arkansas, they are here as guests of Representative Bruce Cozart. Representative McKenzie, for what purpose? Point of personal privilege. Come to the well for your point, members, you may be seated. Mr. Speaker, I ask that, uh, representatives Beck, Grahamlich, Pilkington, Gonzalez Worthen, Collins Ennett, Steel, as well as any other Catholic member. Join me in the well. Members, please join Representative McKenzie. Ladies and gentlemen, I'll be quick because I know we want to get to the business of the house today. Um, I know these often come in the form of a resolution, um, today is the last day of Catholic Schools Week, um, that we are in session. I wanted to make sure to take the time and opportunity to honor our Catholic schools with our fellow Catholic members here. I'll say a quick, uh, speech if you wouldn't mind. Catholic schools contribute significantly to the education by fostering a holistic approach that encompasses academic excellence, moral values, spiritual growth, and and emphasizes discipline, community service, and Personal responsibility, often leading to well rounded students. Uh, these institutions provide a faith-based education that integrates religious teachings with core subjects promoting ethical decision making and character development. Like I mentioned, this is Catholic Schools Week. Uh, we are joined in the East Gallery by Miss Therese Hall and Miss uh Marguerite Olberts, um, our Catholic or diocese of Little Rock Catholic School Superintendent. Would you all help me in welcoming them? Thank you, Mr. Speaker. Representative Wing, for what purpose? You're recognized. We honestly did not plan this, but I would like for Representative Eubanks, if he is within earshot to come and join me in the well. Uh, The members of the Church of Jesus Christ of Latter-day Saints are also here today. So this is religious day. I'd like to point out that both BYU and Notre Dame had good seasons, so The farmers and the ranchers can be friends, um. standing in the East gallery, please rise here. We have members from, uh, the leadership of all of our congregations throughout the state of Arkansas. Many of you had a chance to meet with them this morning, and, uh, they will be available as well after we gavel out of the session today, uh, just here to offer services, uh, that, uh, we provide to your communities Brother Eubanks, would you like to say anything? OK, let's. Thank you very much for all you do in our communities. Thank you. Members will now go to the red calendar. Representative Gazaway moves. That we place Senate Bill 18 back on second reading for the purpose of amendment without objection. Read the amendment, Madam Clerk. Amendment number one, to Senate Bill 18 by Representative Gazaway. Representative Gazaway, you're recognized. Thank you, Mr. Speaker. I wasn't expecting to be back in the well so soon. This amendment simply adds me as a co-sponsor, I'd appreciate a good vote. Thank you very much. Represented Gazaway has explained the amendment to Senate Bill 18. Anyone want to speak against the amendment. For the amendment Question before the house. Re-referral. Or the adoption of Senate, uh, Amendment number 1 of Senate Bill 18. All those in favor say aye. Ponay amendment is adopted. Madam Clark, please send the amendment to engrossing. Members will now go to resolutions, Madam Clark, please read House Resolution 1014. House Resolution 1014 by Representative Painter to recognize the mountain home tennis team as the Class 5A state champions. Representative Painter, you're recognized. Thank you, Mr. Speaker, colleagues, uh, one of the privileges being down here is getting to represent our student athletes and Especially when they win a state, state championship and Uh, Mountain Home, uh, Bombers, uh, won the 5A state championship for tennis on the boy's side and very proud of those young men. They're not only great on the court, but they're also great outside the court of their school, and, and their civics. And I'm gonna tell you something. There was a coach. That said, there's a lot of tigers and bears and, and whatever, but there's only one razorback. Well, I'm very proud to say in high school, There's a lot of tigers, bears, and lions. There's only one. Mountain Home bomber. And so I'm proud of the Bomber nation and congratulate those young men. I appreciate a good vote. Mr. Speaker, I would ask that you have the clerk read it by title only. Madam Clark, please read the resolution by title only. To recognize the mountain home tennis team as the Class 5A state champions. Representative Painters explained the resolution when he would like to speak against the resolution. Anyone likes me for the resolution. Represented painter's clothes for the resolution. The question before the House is the passage of House resolution 1014. All those in favor say aye. nay, congratulations, Representative Painter. resolution is adopted. Madam Clerk, please read House Resolution 10:15. House Resolution 1015 by Representative Painter to recognize the Mountain Home cross-country team as the Class 5A state champions. Painter you're recognized. Thank you Mr. Speaker, again, it's nice to have another piece of jewelry in the, in the cabinet there at Mountain Ho High School, uh, Mount Home won the 5A state championship in cross country on the boy's side. Again, like their counterparts in tennis. These are good young men, uh, not only in cross country but also uh in their school and civic. So I'd appreciate a good vote. There like I said, congratulations to Mount Home, Mr. Speaker, can you have the clerk read it, uh, the resolution by title only. Madam Clark, please read the resolution by title only cross country team as the Class 5A state champions. Representative Painter has explained the resolution. Would anyone like to speak against the resolution. For the resolution Representative Painter is closed for the resolution. Question before the house is the passage of House Resolution 1015. All those in favor say aye. Po nay, you have it. Congratulations, Representative Painter, your resolution is adopted. Madam Clark, please read House Resolution 1013. Representative Pilkington to recognize January 23rd, 2025 as the maternal Health Awareness Day in Arkansas. Representative Pilkington, you're recognized to explain the resolution. Thank you, Mr. Speaker. As you remember last week, I made a point of personal privilege to commemorate uh National Paternal Health Day, which was last week. This is just the resolution that was coming along with it and I'll ask the clerk to read it, the resolution title only. Thank you. Madam Clark, please read the resolution by title only. January 23, 2025 as a maternal Health Awareness Day in Arkansas. Representative Pilkington has explained the resolution, but anyone like speak against the resolution? For the resolution. Representative Pilkington is closed for the resolution. The question before the House is the passage of House Resolution 1013. All those in favor say aye. Po nay, you have it. Congratulations, Representative Pilkington, the resolution is adopted. Madam Clerk, please read House Resolution 1017. Representative McKenzie to commemorate and recognize national School Choice Week during the week of January 26th through February 1st. Representative McKenzie, you're recognized. Thank you, Mr. Speaker. Um, here, ladies and gentlemen, uh, present HR 1017 to commemorate and recognize national School Choice Week. Uh, welcome to National School Choice Week. A lot of these weeks seem to happen in the month of January. It's a time when we can celebrate the diversity of educational options available to our children. This week, we acknowledge that every child is unique. With individual needs, talents, and learning styles. School choice empowers families to select the educational environment that best fits their child's potential, whether it be public, private, charter, magnet schools, or home schooling. The essence of national School Choice Week is not just about choosing a school. It's about advocating for an educational system where every student can thrive. It's about ensuring that all children have access to quality education, tailored to their personal growth. This week all across our great natural state, parents, teachers, administrators, and advocates have engaged in conversations, sharing of stories. And explored opportunities that highlight the importance of educational freedom. This resolution stands as an opportunity for this house, this body to commemorate and congratulate those who fight for their children to get the education that best fits them. So today I ask for your support in this resolution so that together we can champion the cause of school choice to foster environments where curiosity, creativity, and critical thinking are nurtured. Let's work together towards a future where every child's educational journey is one of excitement, challenge, and success. Thank you, Mr. Speaker, I ask that Madam Clerk, uh, read the resolution in title only. Madam Clark, read the resolution in title only. The commemorate and recognize National School Choice Week during the week of January 26th through February 1st. Representative McKenzie has explained the resolution. Would anyone like to speak against the resolution. For the resolution. Representative McKenzie is closed for the resolution. The question before the House is the passage of House resolution 1017. All those in favor say aye. Posnaya have it. Congratulations, Representative McKenzie. The resolution is adopted. Madam Clark, please read House resolution 1007 by Representative Meeks to amend the rules of the House of the Representatives of the ninety-fifth General Assembly. Representative makes you're recognized. Thank you, Mr. Speaker. Uh, so, colleagues, these next two resolutions I'm gonna bring for you are actually substantive rules change, uh, so I'm gonna begin by talking about what this first one, they will require a 2/3 vote, by the way, since these are rule change. So this first one, I, I call this the ultimate in government efficiency because with your adoption of this rule today, we will save about 10 seconds every time we have session. Um, the way we'll do that is, um, of course, I've had the distinct privilege of being the senior member of the House for the last 12 years and as such by tradition, it is my duty to do the adjourned motion every day. And so, I am convinced that regardless of anything else that I accomplished during my time here, that I will be best remembered for doing the adjourned motion every day. Uh, that being said, with the adjourned motion, um, I have to list out 9 items so that once the speaker gavels us out at the end of the day, those 9 items, those businesses that those orders of businesses can continue to take place. Following the uh the adjournment. Uh, over the years, I've thought, surely there's got to be a simpler, more cleaner way to do this instead of y'all having to listen to me rattle off these 9 items every day. And so last session, I developed this rule. We just ran out of time to get it done. So bringing it to you here at the beginning of this session. So what this rule change would do is it would list those 9 items within the rules. And so going forward, the new adjournment would be in accordance with House Rule 33M. I move we adjourn until tomorrow at 1:30. Short, sweet, concise, um, I did check with Representative Cozart who will inherit the job after me. He's in full support of this House rule from what I understand, um, and so with that, I will be happy to answer any questions regarding this one. OK. Uh, not seeing any, uh, I would appreciate a good vote. Representative Meeks has explained the resolution. Does anyone want to speak against the resolution? For the resolution. Representative Meeks is closed for the resolution. The question before the House is the passage of House Resolution 1007. Prepare the machine, madam clerk. So everyone voted. Everyone voted. Representative Meeks has now voted. Cast up the ballot, Madam Clerk. The vote of 87 y, 6 nays, 2 present, the resolution has passed. Adam Clark, please read House Resolution 1012. Representative Meeks to amend the rules of the House of Representatives of the ninety-fifth General Assembly to require that a member of the House of Representatives be selected as a designated survivor. Representative makes you're recognized to explain the resolution. Thank you, uh, Mr. Speaker. This one is a little bit of a, a weightier matter that I, I bring before you, colleagues, um, for those of you that are, are freshmen, you, you may not have realized this, but when you took the oath of office, you actually became a member of the Line of secession within our state government. And the day that scares me the most when we're in session is the 2nd day of session, because on that day, we have the House of Representatives in this room. The Senate is in this room. The, uh, constitutional officers are in this room. Most of the cabinet secretaries are in this room. The justices are all in this room. The entire central government is in this room. What would happen in the event that something I'll just say tragic happened. We'll leave it at that. I don't want to give, give anybody any ideas. And everybody in this room was lost. We would now have a state in crisis with no leadership. Now, this year, even though they didn't realize it, Representative Wootton, and I think Representative McKenzie were both absent on that day. Had something happened, one of them would have became the new acting governor of our state. But what would have happened if nobody had been absent. There, there's nothing, there's nothing to handle that, what would happen in that circumstances. Again, I pray to God it never happens, but should it happen, we're potentially putting our state, potentially in the hands of the federal government. I, I, I think that's what would have to happen. The federal government would have to come over and take control of what's going on in our state. And so, what I'm recommending with this rule change is that when we have these events that the Speaker of the House would designate a designated survivor. Um, that person would be in the top third of seniority because you want somebody who's been around a while, knows how all this works, uh, so that, because remember, That person, should they be called upon is gonna be acting under, uh, In extreme circumstance. So we want somebody who has experience. That person in the event, the unthinkable happens by this rule would automatically become the new Speaker of the House. So in other words, the speaker would be choosing his successor in the eventuality. And the reason why that needs to take place is under current Arkansas law. It is the Speaker of the House who becomes the acting governor in the circumstances. In the case where we just pointed out where we had, uh, Representative Wooton and Representative McKenzie, those two guys would have to try to Figure out who the new Speaker of the House would be. And it brings up constitutional question, could the two of them actually be considered a quorum to even do the business to elect one of them to be the speaker to take over. So this eliminates that as a concern. Uh, what the, what the rule would stipulate is that an hour prior to this event taking place, that person would have to leave the Capitol, go at least 5 miles away. The Department of Emergency Management would be notified who that individual was, so that in the uh should this eventuality take place. They know who the person is that would taking charge. They're not having to try to figure out. So, for example, if the speaker appointed, you know, Representative wing or Representative Vau, they would know that Representative Wing or Representative Vau was the person that they would turn to for the, for the leadership. That person will be counted as president for Quorum. They'll get per diem and they will not be allowed to come back to the Capitol until an hour after that event is, uh, is over. Um, I did run this past the sergeant at arms. Uh, he offered one little tweak to the Uh, resolution to the rule change. I did incorporate that. And so, again, colleagues, I pray to God that it's never, that it never happens. But I think for us to be prudent in today's day and age, uh, this, this is a step that we need to take to make sure that should this eventuality happen, that our citizens in this institution is taken care of to the best of our ability, um, with that, I'll be happy to try to answer any questions. Representative Pilkington, for what purpose? Question recognized thank you Mr. Speaker. Representative Meeks, uh, this desert survivor, is there anything in there that says that they have to be from the majority party. Mm mm. So someone from a super minority could be the design survivor and then even though the world of people a couple of months ago was for a different direction of the state could now be In the hands of someone in a who's wanting to take it in a totally different direction of the state. The theoretically, um, my response to that would be the speaker is the one who's gonna choose that individual. And so, just like we trust the speaker to make all sorts of other decisions for us. They would be the one to, to, to make that choice. And, um, Uh, I would assume they were to choose somebody from the, from the same party, but ultimately, my hope is that they would choose the person who they would think would be best should that situation arise. Representative OK, uh, seeing no others, again, uh, again, I think this is just a prudent thing for us to do. God forbid this should ever be needed, but should this happen, we'll at least have a plan in place to take care of our, of our citizens to the best of our ability. And with that, I'd appreciate a good vote. Representative Meeks has explained the resolution. Does anyone want to speak against the resolution, Representative McKenzie, you're recognized. Thank you Mr. Speaker, and I, I, I want to apologize. I mean no great disrespect to Representative Meeks. I think this is worthy of, of study, and I know, I hope all of you got the entertainment of the visual thought of uh Representative Wootton and I being the last two standing in this chamber. I think we could have a lot of good arguments and debates. Uh, I just think it's important I made this comment in rules. I did vote against this in the committee, uh, next in the line of succession is not the Speaker of the House. It's the Senate President. Um, there is no rule that mirrors this, um, on their side. And I do, again, it's a rule, so it'd be in our book, We'd have the practice. I get concerned with the possible implication of this comes true. Um, if someone happens to be out of the state of the state and a, a tragedy occurs from the Senate. We have it in our rules that someone ascends to that, that position of uh of Speaker of the House to then become acting governor. It, it opens up a lot of opportunity for a constivity has occurred. I, I'm happy to, to reconsider it or ask for the joint rules to be amended so that we each get a designation and, uh, the, the bicameral forms of government. Can, can exist in a tragedy like that, but with rules, it's in my second term, the theme is often, we need to study, and we need to investigate and we need to scratch and we need to dent. Um, I do think that this requires a little additional study to make sure that as we collaborate with the Senate, our rules are matching and that they are, they're good in their intended purpose. So thank you. Representative McKenzie has spoken against the resolution. Would anyone like to speak for the resolution against the resolution? Representative Duke, you recognized. Thank you, Mr. Speaker. I appreciate what you're trying to do here, but I do agree with Representative McKenzie. This needs to take a lot of thought and consideration, and I I listened to the debate yesterday in committee and there seemed to be several questions with that, and I think there are probably a lot more questions if we had some more time to discuss this. And I think it is a fair point that if we're gonna change your rule, especially a rule that has such significant impact on the people of our state in a time of crisis. There needs to be a lot of member discussion on this one. It shouldn't be something that would come in here and we do very quickly without a lot of members probably thinking a whole lot about it and thinking about the ripple effects and consequences, and God forbid that it happens, but if it does happen, we need to make sure that we've had vetted this out well here and also with our colleagues in the Senate. So, um, for that purpose, I am gonna be voting no. Representative Duke has spoken against the resolution. Would anyone like to speak for the resolution? Against the resolution. Representative Meeks. Recognized clothes for the resolution. Thank you, uh, Mr. Speaker. So I, I do wanna, I wanna clarify a point that, uh, uh, Representative, uh, McKenzie made. So, By changing our rules, this person would become the Speaker of the House, should the tragedy unfold, they would not necessarily become the acting governor. If there was a senator who had survived theoretically, they would become the acting governor, but I still would suggest that having that surviving member of the house would still be prudent because you would eventually have to re-elect a whole new body and you would have a whole new body of freshmen coming in. And if there is no designated survivor, you have nobody with institutional knowledge to know how to rebuild this institution. And so, even if there was somebody else to be able to serve in that capacity. I think us having somebody, uh, would, uh, allow for us to get this institution rebuilt, uh, with that institutional knowledge, uh. I would also, um, submit that, uh, if the Senate did something like this, I would be all for it, right? I think we need to take every everything that we can do to be prepared in case of emergency like this, but we can't control what the Senate does, right? We can only control what we do here in the house. And so what we can do in the house is make sure that we are prepared in this eventuality and not away, because what'll, what'll happen if you vote no on this? And this does not pass, we will still have nothing in place. I'm OK if we want to discuss this with the Senate and try to do something to develop this out further into the future. I think that would be great, but to vote no and have nothing in place, I think that potentially is very, very irresponsible of us. So, uh, for that, uh, I would appreciate a, uh, good vote. Representative Meeks is closed for the re resolution. The question before the House is the passage of House Resolution 1012. Prepare the machine, madam clerk. So everyone voted. everyone voted. Cast up the ballot, Madam Clerk. The vote of 39 years, 31 nays, and 20 present the bill has failed. The resolution, excuse me, um, Madam Clerk, please read Senate concurrent resolution number one. Senate concurrent resolution number one by Representative Evans to adopt the joint rules of the House of Representatives and the Senate of the ninety-fifth General Assembly. Presentative when you're recognized. Thank you, Mr. Speaker. Uh, these are just the concurrent rules. It's a 21-page document. There were only 5 changes. I'll just, none of them very major, but I'll briefly go through each of the topics that were addressed. One was a non-procedural resolutions during a special session. Another one clarifies Bill filing deadlines, uh, with EBD and other medical plans. EBD does have a bill filing deadline. The other plans do not, and so they needed some clarification, uh, there. Uh, number 3 was clerical efficiency just Regarding strikeout language, uh, number 4 was, uh, the committee is able to do normal business if we're ever in recess for longer than 30 days. Our committees need to still be able to function. And, uh, number 4 was fiscal impact statements. Uh, regarding, uh, state and public school life and health insurance programs. We had statutes that already listed this and so we just needed to bring some clarification between the two so that we're in line with existing rules, uh, with statutory code. And that is it. The rest of the 21 pages are exactly as were before. appreciate a good boat. Representative Wing has explained the resolution. Does anyone want to speak against the resolution? For the resolution Representative Wing is closed for the resolution. The question before the House is the passage of House or Senate concurrent resolution number one. All those in favor say aye. Hone, Honey, you have it. Congratulations, Senate concurrent resolution number one has passed. Members, that is the end of the morning hour. Now go to regular bills, we'll start house bill. Madam clerk, please read House Bill 1085. Bill 1085 by Representative Carolyn Brown to adopt federal law concerning tax deferred tuition savings programs and to amend the income tax liability for rollover contributions from an Arkansas Brighter Future Fund plan to a rough individual retirement account. Representative Brown, you're recognized to explain the bill. Today, um, Which amends our current brighter future plan. Which is our name for the 529 plan is most 26. It's for tax deferred made a change. And they are now allowing people who have funds in a 529 Brighter Future plan. If those funds are not going to be used by their designated, they can now roll those funds over into a Roth IRA. And she must Probably know Roth IRAs are After tax they're funded with after-tax dollars. So are 529 plans. So the funds are, um, after-tax dollars. Um, formerly, the reason this is such a great thing. I, um, Arkansas is rated number 4 in the country. I think it's, it's pretty exciting, but The reason is It's so beneficial to people who do invest in a 529 plan or the Arkansas Brighter Future Plan. Is that Formerly, in Arkansas, when you Just had to take it out. You just had to surrender that money because you didn't have a beneficiary that was going to be able to use it, you then had to pay income tax on the growth in that account. You also had to pay the federal government a 10% penalty. Plus the income taxes. So now people have the opportunity to roll a lot more 529 plans, and I would appreciate a good vote and I'm Ready for questions. Oh, I need to mention there is a fiscal impact. It is $190,000 estimated, and that would be based on revenue that is not collected. On the income taxes. For funds. That are typically Just surrendered Instead of rolled 4, so the people just take the money out, they have to pay income tax on the growth. So they, they estimate there'll be about 100 of the state will not collect. And that no questions, I would appreciate Representative Brown has explained the bill. Would anyone like to speak against the bill? Meanwhile, I speak for the bill. Representative Brown, do you wish to close for your bill? Representative Brown is closed for the bill. The question before the House is the passage of House Bill 1085. Prepare the machine, madam clerk. Everyone voted. Everyone voted. Cast up the ballot, Madam clerk. The vote of 94 ye, zero nay, 0 present. The bill has passed. Madam Clark, please read House Bill 1183. 1183 by Representative Bentley to create the registered dialysis patient care technician Act. Representative Bentley, you're recognized to explain the bill. Thank you, Speaker. Colleagues, I think it's very important for us to make sure we make the best use of all of our healthcare providers out there. And this bill really addresses that 11 issue really was high on my list to make sure that our patients are being taken care of the best when they're going to receive dialysis. So this bill simply allows and a registered nurse to designate the giving of heparin by states already allowed this and for those of you who are not, uh, in the medical field and not understand that Heparin is really like oil in an engine. You can't run an engine with oil, and you can't run a dia. this machine without heparin because heparin keeps the blood flowing going through there. So it's important that they have the right amount of heparin there to make sure the blood is flowing correctly. So right now in Arkansas, unlike other states, the, uh, pension care tech has to stop and say, I need to get a registered nurse over here. I need you to give this heparin, and it's already in protocol, they know exactly what it is. Actually, they just have to press a button, so it really disrupts with RN has to do with this very few RNs that are there. So it takes away from what that RN is currently doing with another patient to come up there and press a button. So it's really just ease of access, our patients are given the best care possible and the dialysis unit. So, um, the other thing it does is it creates a registry because now this goes under the board of nursing for them to have a registry for the patient care takes. Should there be a bad actor there, they can. So, I have amended this bill more than any other bill I have amended in ever in the 10 years I've been working to make sure that the medical board is happy. We put an exemption there for them to make sure the board of nursing was happy, to make sure the health department was happy because I really wanted a good film. So, with that being said, if anybody has any questions. Alright, seeing no good questions, I'd appreciate a good vote. Thank you. Representative Bentley has explained the bill. Would anyone like to speak against the bill? For the bill Representative Bentley is closed for the bill. The question before the House is the passage of House Bill 1183. Prepare the machine, madam clerk. So everyone voted Everyone voted. Cast up the ballot With a vote of 95 ya, 0 nay, and 0 present. The bill has passed. Madam Clark, please read House Bill 122,020 by Representative Steele to amend the membership of the Arkansas Natural and Cultural Resources Council. Representative Steele, you are recognized to explain the bill. Thank you, Mr. Speaker, uh, members, this is a, uh, simple bill. This council has been around since 1987, uh, back in 2019, uh, the bill was amended and inadvertently, the land commissioner was not given the authority to dealings in his behalf. That's all this bill does. Representative Steele has explained the bill. Would anyone like to speak against the bill? For the bill Representative Steele is closed for the bill. The question before the House is the passage of House Bill 1220. Where the machine, Madam clerk. Everyone voted As everyone voted. OK, I'll step the ballot, Madam Clerk. Vote of 95 e, zero nay, and 0 present. The bill has passed. Members without objection will pass over House Bill 1149. No objection. Madam Clerk, please read House Bill 11:35. 11:35 Representative Acre to allow the issuance of a digitized identification card to amend the law concerning the fee for issuance of a digitized driver's license or digitized identification card and to declare an emergency. Representative Aker, you're recognized. Thank you, Mr. Speaker, uh, colleagues, uh, today, this is a small technical bill that's gonna clean up a bill that we passed last session authorizing the uh Department of driver services to issue a digitized driver's license, uh, for any individual who chooses that option. What this does is it removes the requirement of a $10 fee, um, after the bid was done and the product was produced, uh, DFA found that they had plenty of money in their vendor, um, fund to be able to. make this available for $0. So this removes the requirement of a $10 fee. It also expands it from just driver's licenses to the other, um. I guess identification cards that, uh, driver services also produces. So with that, I'll take any questions. OK, I appreciate a good vote. Thank you. Representative Acer has explained the bill. Would anyone like to speak against the bill? For the bill Representative Acer is closed for the bill. The question before the House is the passage of House Bill 1135. Prepare the machine, Madam Clerk. So everyone voted. Everyone voted. Remembers your one vote is for the bill and the emergency clause. Cast up the ballot, Madam Clerk. The vote of 89 yeah, 3 nays, and 2 present, the bill and the emergency clause has passed. Madam Clark, please read House Bill 1271. 1271 by Representative Warren to amend the law concerning mechanics and Material men's leans and to clarify the priority of liens and mortgage construction loans. Representative Warren, you are recognized to explain the bill. Thank you, Mr. Speaker. This bill addresses a current situation, uh, for consumers and lenders alike. Specifically, we're talking about the construction loans or add-ons to an existing property. Best way I know to explain, uh, what this bill does is to give you an example. Let's say Representative Steinmel decides to build a house. He has some money saved up and decides to do it without a loan. Before the house is completed, Trey runs out of cash. The cost of everything increased. He goes to a bank for a loan, but he can't get one because he's already commenced construction. If the bank makes him a loan, every person Who provides labor or materials from beginning to end has priority according to the current statutes, over the lender who made you the loan to finish the house. The lender doesn't want to make you a loan. Because their loan is not secured well. The same thing happens if a if a contractor How the closing occurred and began construction before the mortgage is filed. Not intentional, but it happens. What this bill will do is anyone who has done work prior to a mortgage being filed has priority. Over the lender. Once the lender files their mortgage, their position is set and nobody has priority over them after that. A good lender will Well Make, make sure they have proof that everyone who did work prior to their mortgage. is being has been paid. In full so that their position becomes a first mortgage position. This is an issue that's gone unaddressed for years. We want to give lenders the same lien protection as everyone else in the construction process and before the courts. So I'll be glad to take any questions. I know I've visited with a lot of. I would appreciate a good vote. Representative Warren has explained the bill. Would anyone like to speak against the bill? For the bill Representative Warren is closed for the bill. The question before the House is the passage of House Bill 1271. repair the machine, madam clerk. So everyone voted. Everyone voted. Cast up the ballot, Madam Clerk. With a vote of 908, 0, nay, and 3 present. The bill has passed. Madam Clark, please read House Bill 1273.3 by Representative Warren to provide that a laen created by the entry of a certificate of indebtedness issued by the secretary of the Department of Finance and Administration is not superior to a purchase money. Thank you, Mr. Speaker, members, This bill is just, uh, providing language where there is none in the state of Arkansas right now. This language will mirror what is currently in place with the IRS. When someone purchases a piece of real estate with any level of investment, any cash in it. And secures a loan, uh, For the balance owed The resulting loan is considered a purchase money mortgage. DFA has agreed that any lien they have is inferior to this type mortgage, and they are actually mirroring the IRS in this right now. We just want this to be. Representative Warren has explained the bill, would anyone like to speak against the bill? For the bill Representative Warren is closed for the bill. The question before the House is the passage of House Bill 1273. Prepare the machine, madam clerk. As everyone voted, as everyone voted. Cast up the ballot, Madam Clerk. The vote of 95 yeah, 0 nay, and 0 present. The bill has passed. Madam Clark, please read House Bill 1238.38 by Representative Kavanaugh to authorize a mortgager to recover fees in certain circumstances under the statutory foreclosure law. Representative Kavanaugh, you're recognized. Thank you, Mr. Speaker. Um, this is probably the simplest bill you're gonna see all session. This bill actually just says that during a, a strict foreclosure if the homeowners was to prevail, then that the judge may award attorney fees. It doesn't say they will. It just gives the judge the opportunity if they want to award attorney fees, they can. And with that, I'd appreciate a good vote. Representative Kavanaugh has explained the bill. Would anyone like to speak against the bill? Anyone likes to speak for the bill. Representative Kavanaugh is closed for the bill. Question before the house is the passage of House Bill 1238. Prepare the machine, Madam clerk. So everyone voted. Everyone voted. Cast up the ballot, Madam Clerk. The vote of 93 ya, 1 nay, and one present. The bill has passed. Madam Clerk, please read House Bill 1237.37 by Representative Jay Richardson to prohibit medical professionals from soliciting injured individuals and to set penalties for a violation of the prohibition of solicitation of injured individuals. Representative Richardson, you are recognized. You, Mr. Speaker. Good morning colleagues. This, uh, A lot of you may have got some communication about this bill. So, let me give you some backstory as to how we got to this. Uh, a couple of years ago, I had an individual in my community who had an accident. Before he could get home, there was an individual at his door, knocking with his wife in the house asking for this gentleman. Letting her know that he'd been in an accident and they were trying to get a hold of him. He hadn't even talked to his wife yet. He gets home or his wife calls him, he says, hey, I'm good. Everything's fine. I'm on my way home. As her get rid of him. Then he receives a couple of other text messages as the time goes by. This bill was created to protect citizens. You know, when you have an accident, the goal is not for somebody to come solicit. Medical services to you directly after that. Give you time to understand what's going on and how you feel is the best way for you to get your health taken care of. Now, as we ran this bill in committee yesterday, There were a couple of points that were brought up and I wanted to make sure I could, uh, Speak to them. Uh There was some, there was a point brought up about a Supreme Court case. And What we found was the response to this particular case and it was Culpepper versus Arkansas Board of Chiropractic. Um, And apparently from that verdict, the statement was made that the court found regulation to be violation of chiropractic, commercial speech because it was too broad. It specifically stated, for example, the regulation could have put a time restriction upon which solicitation was prohibited, or the regulation could have been, could have identified a targeted group, such as an accident victim, which could not be solicited. HB 12:37 solves those two issues. It gives a specific time, 30 days before they can be contacted. And it gives a specific target group. Those individuals that have been in an accident. So with that information, we feel like this bill will withstand any court scrutiny as it moves forward. There are a couple of changes that I have committed to make if this bill gets out. One of them is in the bill. We've got, uh, we've got it marked as a class D felony. We've changed that to a misdemeanor, we will change that to a misdemeanor. Another piece in the bill that I just realized was impacting on or created unintended consequences was the use of the word internet. We're going to modify that and give that specific terminology so that it's not impacting some of the businesses that we're not trying to impact. Those two big changes will be taken care of as we move forward to the Senate side. So with that, I'll take any questions. Sorry Representative Mayberry, for what purpose? A question. You're recognized. Thank you very much understand what you're trying to address and that's awful that someone's in an accident, they don't need the, um, dilemma of then having all these ads to the mental health. But I want to know more about what amendment you're promising to do over there and would really appreciate the amendment being done before it left the house, so we make sure we get it right, because here's my concern. Let's just say an orthopedic clinic is going to open in a new community and they want to advertise on social media, so you go to Facebook and you're not targeting specifically someone who had a car accident, you're just saying people within 25 miles of this location for ages from this to this. And my fear is, is that the way that it's worded here, someone who's just advertising to everybody, if it shows up in the news feed of someone who just had a car accident that they're gonna Turn around and have a claim against a very innocent. Orthopedic clinic that was just trying to say, hey, I'm, I'm in the community. I'm new to the community. So is that specifically what's going to be addressed? That would not be, that would not fall under this bill. They will be fine. From the statement you just gave. If you look in the bill, it talks about The ones that are excluded from that. Um. Page 2, this section does not prohibit solicitation by targeting direct mail advertising or other forms of written radio, television, advertising. Those things are covered in the, they, they are excluded from that. This is, these are individuals that go specifically to a person. Within a 30-day gamut that have recently been in an accident. I, I'm sorry, I don't see that wording that you're saying. I do see that if you're a family member, I do see the 30 days, but I Line 20 D This section does not prohibit solicitation by targeted. You see where I'm at? Uh, that's targeted direct mail. Advertising or other forms of written, radio or television advertising. OK, that That's still not internet, that's still not social media. And I also stated a second ago that I was pulling out internet. You may not have heard me say that internet is on the first page. In and out of two commas, and I'll be removing that. I, I would just appreciate that whatever wording comes through that you, you take that into consideration because that's really going to hurt advertising for medical professionals, so that's that is not the intent, so I appreciate your comments. Any other questions? Thank you. Representative Richmond has left the well. Anyone like to speak against the bill. Representative Pilkington, you're recognized. Thank you, Mr. Speaker. I didn't plan to come and speak against the spill today, but, um, But as I read it more and heard concerns from some people in the medical profession, I just wanted to let people know that I and maybe this can be addressed in Mr. Richardson's clothes, but there's been times when you've had natural disasters and you've had mobile clinics pop up or pharmacy, sorry, I'm winded. I was downstairs in a meeting and um during this, during that time, they're trying to, you know, maybe someone else's medical facility was demolished by a tornado and they're trying to solicit saying, hey, if you need refills on your medication, if you need treatment, come to us. And what worries me is this bill creating a felony for someone who might accidentally run afoul of this law when they're trying to help people is uh is a concern for mine. So, I, you know, I know he said he's going to mend it on the Senate end, um, I think we're early enough in the session, we could always just pull it down a minute on this end, have a full idea of exactly what we're voting on and, uh, proceed that way. So with that, I just ask for a no vote so that we can have a little more time. But if those concerns can be addressed, Please address them and thank you. Representative Pilkington has spoken against the bill. Would anyone like to speak for the bill? Against the bill. Representative Rich Richardson, you're recognized close for your bill. I'm sorry, Representative Picklety. I didn't Pilkington. I didn't realize you weren't in your seat. Uh, but yes, what you just asked will be addressed on the Senate and we were removing the felony and making it a misdemeanor. Representative Richardson is closed for the bill. Question before the house is the passage of House Bill 1237. Prepare the machine, madam clerk. So everyone voted. So everyone voted. Cast at the ballot, Madam clerk. With a vote of 40s, 36 nays, 13 present. Bill has failed. Members After thorough consultation with the parliamentarian. The chair is making a ruling that we will take an ice cream holiday. And there will be no Senate bills heard today. Representative Meeks, for what purpose? that motion plates, you're recognized. Thanks for the first time in Arkansas history in accordance with House Rule 33M. I move we adjourn until Monday at 1:30 p.m. That's a proper motion. It's non-debatable. All those in favor say aye. nay, the ayes have it. it I have any committee announcements. Representative Brooks, for what purpose? Announcement, you're recognized for an announcement. House Education will meet 15 minutes upon adjournment with Senate Ed over in Big Mac A. Representative Graham, what purpose recognized will be 15 minutes after adjournment of both chambers. The desk will remain open as needed for the reading of the bills and upon completion of the items named in the adjourned resolution, the House will adjourn until 1:30 on Monday. Representative Eubanks, for what purpose? Announcement to