Sept. 29: House floor

House of Representatives

Sep 29, 2021

 

Shepherd [00:17:07] I invite the members, staff and guests to stand and be led in prayer by Representative Les Warren and to remain standing for the Pledge of Allegiance led by Representative Lane Jean. 

 

Warren [00:17:19] Please join me in prayer. Dear Lord, we thank you so much for this day that you’ve given us. We ask that as we come together as a body that you would be the unseen but present part of our undertakings. Father, we ask that you would give us wisdom to know what’s best to do. We ask what we do would be pleasing and honoring in your sight. Father, help us as we work through the details that we would do so in a way that would be a spirit of cooperation and respect for each other. We thank you for the privilege that we have to come together and be a body that represents our state. We just ask that you be with us now. In Jesus name we pray. Amen. 

 

[00:18:09] [Pledge of Allegiance] 

 

Shepherd [00:18:28] Members, please indicate your presence by pushing your yellow present button. Prepare the machine, Mr Clerk. Cast up the ballot, Mr Clerk. With 98 members present, the chair sees a quorum. Are there any requests for leave? Rep. Cavenaugh, for what purpose? 

 

Cavenaugh [00:19:27] Leave. 

 

Shepherd [00:19:28] You’re recognized. 

 

Cavenaugh [00:19:29] Leave for Representative Barker. 

 

Shepherd [00:19:31] Is leave granted for Representative Barker? So noted. Rep. Warren, for what purpose? 

 

Warren [00:19:37] Leave. 

 

Shepherd [00:19:37] You’re recognized. 

 

Warren [00:19:39] Leave for Representative Carlton Wing. 

 

Shepherd [00:19:41] Is leave granted for Representative Wing? So noted. Representative Love moves we dispense with the reading of the previous, previous day’s journal. Without objection, so ordered. Are there reports from select committees? Are there reports from standing committees? Is there any unfinished business? Are there any executive communications? Mr Clerk, please read the proclamation. 

 

Clerk [00:20:22] Whereas House concurrent resolution 1015 of the regular session of the 93rd General Assembly provides for an extended recess of the 93rd General Assembly until such time that the 93rd General Assembly is able to complete its work on congressional redistricting. And whereas the 93rd General Assembly entered into an extended recess on April 28th, 2021. And whereas HCR 1015 authorizes the Speaker of the House and the President Pro Tem of the Senate by a joint proclamation to reconvene the General Assembly at any time. And now, therefore, we, the undersigned Speaker of the House and the President Pro tem of the Senate hereby direct that the regular session of the 93rd General Assembly of the State of Arkansas shall reconvene at 10 a.m. Wednesday, September 29th, 2021, and that during that time, the General Assembly may conduct its business related to the following as provided in HCR 1015: A, considering vetoes; B, correcting errors and oversights; C, completing the work of congressional redistricting; D, considering legislation related to the COVID 19 public health emergency and redistribution of COVID 19 relief funds; and E, considering the need for further extension of the regular session of the 93rd General Assembly and that the 93rd General Assembly may adjourn sine die as soon as, as soon as practicable after completing its work on redistricting. In witness thereof we have hereunto set our hands and caused the great seal the state of Arkansas to be affixed at the State Capitol in Little Rock on the 27th day of September in the Year of Our Lord 2021. Sincerely, Matthew Shepherd, Speaker of the House, Jimmy Hickey Jr., President Pro Tem Senate. 

 

Shepherd [00:22:17] Read the bills, Mr Clerk. 

 

Clerk [00:22:21] HB 1958. 

 

Shepherd [00:22:28] The chair rules House Bill 1958 is improperly introduced for not being in compliance with the list of unfinished business contained in the regular session extension resolution House concurrent resolution 1015. 

 

Clerk [00:22:41] HB 1959. 

 

Shepherd [00:22:42] Without objection, read the bill a second time.

 

Clerk [00:22:44] HB 1959. 

 

Shepherd [00:22:46] State agencies. 

 

Clerk [00:22:48] House Bill 1960. 

 

Shepherd [00:22:49] Rep. McKenzie, for what purpose? 

 

McKenzie [00:22:52] Clarification. 

 

Shepherd [00:22:55] On what point? 

 

McKenzie [00:22:57] Could you read the ruling again for us, please?  

 

Shepherd [00:23:12] The chair has ruled that House Bill 1958 is improperly introduced for not being in compliance with the list of unfinished business contained in the regular session extension resolution House concurrent resolution 1015. 

 

McKenzie [00:23:24] Could you explain what 1958 is? 

 

Shepherd [00:23:30] House Bill 1958 is proposed as an act to be entitled an act to establish a right of privacy concerning coronavirus 2019 COVID 19 vaccination status, to establish a grant program with distribution from COVID 19 relief funds, to provide restitution for individuals, to declare an emergency and for other purposes. 

 

McKenzie [00:23:55] OK. 

 

Shepherd [00:23:57] Rep. McKenzie, for what purpose? 

 

McKenzie [00:23:58] I would, I would like to speak against it or have a ruling on the procedure. 

 

Shepherd [00:24:06] Rep. Bryant, for what purpose? 

 

Bryant [00:24:11] Point of information. 

 

Shepherd [00:24:12] You’re recognized for your point. 

 

Bryant [00:24:14] Yes. Rep. McKenzie, Speaker, I have refiled or reintroduced a new bill that will address the American Rescue Plan specifically in what was House Bill 1958. 

 

Shepherd [00:24:27] So, so here’s– House Bill 1958 was improperly filed because it didn’t specifically reference the American rescue funds. In an effort to be fair, I alerted Representative Bryant to that fact. He has just now refiled another bill. That bill will be read across the desk in just a few moments. Rep. Lowery for what purpose? 

 

Lowery [00:24:57] Point of clarification or a point of inquiry that I think that you’ve clarified for me. You are going to read Representative Bryant’s bill across the desk and assign it to committee? 

 

Shepherd [00:25:07] I will read it across the desk. We just received it and you’ll hear what my decision is when we get to it. 

 

Lowery [00:25:13] OK. And at what point will we be hearing that– in a session tomorrow? 

 

Shepherd [00:25:20] What point will we be hearing what? 

 

Lowery [00:25:23] Your ruling on his bill. 

 

Shepherd [00:25:25] Well, in a matter of just a few seconds. 

 

Lowery [00:25:28] OK. All right. 

 

Shepherd [00:25:32] Read the bills, Mr Clerk. 

 

Clerk [00:25:33] House Bill 1960. 

 

Shepherd [00:25:35] Without objection, read the bill a second time. 

 

Clerk [00:25:37] House bill 1960. 

 

Shepherd [00:25:39] State Agencies. 

 

Clerk [00:25:40] House Bill1961. 

 

Shepherd [00:25:42] Without objection, read the bill a second time. 

 

Clerk [00:25:43] House Bill 1961. 

 

Shepherd [00:25:44] State Agencies. 

 

Clerk [00:25:45] House Bill 1962. 

 

Shepherd [00:25:46] Without objection, read the bill a second time. 

 

Clerk [00:25:48] House Bill 1962. 

 

Shepherd [00:25:49] State Agencies. 

 

Clerk [00:25:50] House Bill 1963. 

 

Shepherd [00:25:52] Without objection, read the bill a second time.  

 

Clerk [00:25:53] House Bill 1963. 

 

Shepherd [00:25:54] State Agencies. 

 

Clerk [00:25:55] House Bill 1964. 

 

Shepherd [00:25:57] Without objection, read the bill a second time. 

 

Clerk [00:25:58] House bill 1964. 

 

Shepherd [00:26:00] State Agencies. 

 

Clerk [00:26:00] House Bill 1965. 

 

Shepherd [00:26:02] Without objection, read the bill a second time. 

 

Clerk [00:26:03] House bill 1965. 

 

Shepherd [00:26:05] State Agencies. 

 

Clerk [00:26:05] House Bill 1966.

 

Shepherd [00:26:07] Without objection, read the bill a second time.

 

Clerk [00:26:08] House Bill 1966. 

 

Shepherd [00:26:10] State agencies. 

 

Clerk [00:26:11] House Bill 1967. 

 

Shepherd [00:26:14] The Chair rules House Bill 1967 is improperly introduced for not being in compliance with the list of unfinished business contained in the regular session extension resolution house concurrent Resolution 1015. Mr Clerk, read the subtitle of that bill. 

 

Clerk [00:26:33] House Bill 1967 to reduce the income tax levied on individuals, trusts, and estates from 5 and 9/10 percent to 4 and 9/10 percent. 

 

Shepherd [00:26:42] Rep. Lowery, for what purpose? Mr Clerk, read the bills. 

 

Clerk [00:26:49] House Bill 1968. 

 

Shepherd [00:26:51] Without objection, read the bill a second time. 

 

Clerk [00:26:53] House Bill 1968. 

 

Shepherd [00:26:54] State agencies. 

 

Clerk [00:26:54] House Bill 1969. 

 

Shepherd [00:26:56] Without objection, read the bill a second time. 

 

Clerk [00:26:57] House Bill 1969. 

 

Shepherd [00:26:59] State Agencies. 

 

Clerk [00:26:59] House Bill 1970. 

 

Shepherd [00:27:01] Without objection, read the bill a second time. 

 

Clerk [00:27:03] House Bill 1970. 

 

Shepherd [00:27:04] State agencies. 

 

Clerk [00:27:05] House Bill 1971. 

 

Shepherd [00:27:06] Without objection, read the bill a second time.

 

Clerk [00:27:07] House Bill 1971. 

 

Shepherd [00:27:09] State agencies. 

 

Clerk [00:27:09] House Bill 1972. 

 

Shepherd [00:27:11] Without objection, read the bill a second time.

 

Clerk [00:27:12]  House bill 1972. 

 

Shepherd [00:27:13] Public Health. 

 

Clerk [00:27:14] House Resolution 1051. 

 

Shepherd [00:27:18] Without objection, read the resolution a second time. 

 

Clerk [00:27:21] House resolution 1051. 

 

Shepherd [00:27:22] Calendar. Representative Eaves, for what purpose? 

 

Eaves [00:28:26] Motion. 

 

Shepherd [00:28:26] Let’s hear your motion. 

 

Speaker 6 [00:28:28] Mr. Speaker, I move we suspend for the duration of this regular session House Rule 38 P through T setting minimum lengths of time for circulation of fiscal impact statements related to specific types of legislation. 

 

Shepherd [00:28:41] That’s a proper motion. It’s not debatable. All in favor say aye. Any opposed. Motion carries. Representative Eaves, for what purpose? 

 

Eaves [00:28:52] Motion. 

 

Shepherd [00:29:04] Let’s hear your motion. 

 

Speaker 6 [00:29:06] Mr. Speaker, I move we suspend for the duration of this regular session House Rule 41 A requiring bills to be on the desk for at least 24 hours before final passage, and B prohibiting bills from being placed on committee agendas no sooner than the second calendar day following its filing. 

 

Shepherd [00:29:22] It’s a proper motion. It’s not debatable. All in favor say aye. Any opposed. Motion carries. Representative Eaves, for what purpose? 

 

Eaves [00:29:32] Motion. 

 

Shepherd [00:29:33] Let’s hear your motion. 

 

Speaker 6 [00:29:34] Mr. Speaker, I move we suspend for the duration of this regular session House Rule 60 A setting minimum lengths of time for notice of committee meetings. 

 

Shepherd [00:29:43] That’s a proper motion. It’s not debatable. All in favor say aye. Any opposed? Motion carried. Rep. Smith for what purpose? 

 

Smith [00:29:53] Motion. 

 

Shepherd [00:29:54] Let’s hear your motion. 

 

Smith [00:29:55] I move that we take Senate bill 298 off the table for consideration. 

 

Shepherd [00:30:23] Rep. Smith, we need to pull a copy of that bill and look at the resolution. So with that, we’ll– I will respond to that motion upon reconvening. The House will stand in recess for 10 minutes. 

 

[00:47:24] [Recess] 

 

Shepherd [00:47:24] The House will come to order. Representative Smith has made a motion to remove from the table senate Bill 298 for the purpose of considering an override of the governor’s veto. Rep. Smith, for what purpose? 

 

Shepherd [00:47:46] I think the way that motion ought to be stated is a motion to override the veto on Senate bill to take it off the table as far as the motion to table. I think that’s a better phrasing of that motion. 

 

Shepherd [00:48:05] Well, tell me your motion again.  

 

Shepherd [00:48:09] Okay. The bill was vetoed. Then we had– it was tabled. So I need to make a motion to override the, the motion to veto– the table. I need Buddy. 

 

Shepherd [00:48:34] What I believe the motion– what I believe the motion’s intent to be is a motion to take from the table Senate Bill 298 for purposes of considering an override of the governor’s veto. Is that–? That’s a proper motion. It’s not debatable. Representative Love, for what purpose? 

 

Love [00:48:57] I just have an inquiry. What’s the vote threshold for this? 

 

Shepherd [00:49:00] A majority of the quorum. 

 

Love [00:49:02] Majority of the quorum. Okay, thank you. 

 

Shepherd [00:49:05] Again, that’s a proper motion. It’s not debatable. All in favor say aye. Those opposed. The no’s have it. I only see four–. Prepare the machine, Mr Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Mr Clerk. By a vote of 37 yeas, 53 nays, 3 present, the motion has failed. Members, we’ll stand in recess for 10 minutes. 

 

[00:50:19] [Recess]. 

 

Shepherd [01:03:38] The House will come to order. Read the bills, Mr Clerk. 

 

Clerk [01:03:52] House Bill 1973. 

 

Shepherd [01:03:54] Without objection, read the bill a second time.

 

Clerk [01:03:55] House bill 1973. 

 

Shepherd [01:03:57] Public Health. Rep. Meeks, for what purpose? 

 

Meeks [01:04:15] Motion, Mr Speaker. 

 

Shepherd [01:04:16] Let’s hear your motion. 

 

Meeks [01:04:17] After the announcements, reading of the bills, transferring with the bills, placing the calendars on the desk, members amending their own bills with their own amendments, members withdrawing their bills, finalizing resolutions, reading communications and any remaining committee reports, I move that we adjourn until 10:00 tomorrow morning. 

 

Shepherd [01:04:32] That’s a proper motion. It’s not debatable. All in favor, say Aye. Any opposed. The motion carries. Members, we’re going to go to our announcements, but just real quick, please pay attention to the announcements. Monitor your emails. Monitor the bureau’s website. Things could change pretty quickly. We’re going to do our best to try and make sure that there’s lead time before committee meetings and any possible action. I’ll go ahead and I know we’re going to have announcements, but just so you’ll know, state agencies is going to meet at 1:00. I’ll go ahead and let y’all make the announcement again just to reiterate that. They’ll meet at 1:00, and then public health will meet upon final adjournment of state agencies later this afternoon. Tomorrow morning, we plan to come in at 10:00. Depending on what happens in committees will determine what activity takes place here on the floor. And further, we’ll have to figure out what committee meetings need to meet tomorrow. So we’re going to do our best to try and keep everybody informed and keep you in the loop as, as, as best as we possibly can with as much lead time as we possibly can. But we just be very aware and pay attention to email, the website. Any questions, feel free to reach out to me, Roy, Buddy or others here on the House staff. Rep. Flowers, for what purpose? 

 

Flowers [01:06:05] Hello. Thank you. Point of privilege. 

 

Shepherd [01:06:10] Actually, I think, I think I know what you’re going to say. And I overlooked– you want me to make that. 

 

Flowers [01:06:15] That’s OK. I actually have their names right now, if you’ll indulge. Thank you so much. Colleagues, I would like to draw your attention to the House gallery to your right. And if students, if you will please stand. We have in our midst some of the most talented young leaders in the state, as well as their advisor. Leon Jones III, who is the SGA president at UAPB. Jaylin Peoples, who’s the SGA vice president. Christiana Barnes, who is the SGA secretary. And Imani Montgomery, who is the SGA chief of staff. And then please also help me recognize Frank Dorsey, the SGA adviser. Thank you so much. 

 

Shepherd [01:07:13] And members, I also failed to recognize we have a couple of guests in the gallery. Ted Freeman and John Broome, who are guests of Representative Jett and I believe they’re– are they up here? They’re right behind me here. And then one other thing I forgot to mention at the front end is that with us this week we have Corporal Ritchie Whitley and Corporal Trey Keller from the Arkansas State Police. All right, any other announcements? Representative Jean, for what purpose? 

 

Jean [01:08:02] Announcement. 

 

Shepherd [01:08:02] You’re recognized. 

 

Jean [01:08:04] There’s a joint budget tentatively scheduled for tomorrow morning at 9:00. Watch your calendar tonight. So be ready to meet at 9:00 in the morning if we need to. 

 

Shepherd [01:08:15] Rep. Ladyman, for what purpose? 

 

Ladyman [01:08:17] Announcement. 

 

Shepherd [01:08:18] You’re recognized. 

 

Ladyman [01:08:20] Public Health Committee will meet today upon adjournment of State Agencies Committee in Mac A. 

 

Shepherd [01:08:28] Representative Tosh, for what purpose? 

 

Tosh [01:08:31] Announcement. 

 

Shepherd [01:08:32] You’re recognized. 

 

Tosh [01:08:32] State agencies will meet at 1:00 p.m. in room 151.

 

Shepherd [01:08:37] Any other announcements? If not, the desk will remain open and upon completion of the items named in the adjourn resolution, the House will be adjourned until 10:00 a.m. tomorrow.