Dec. 9: House Floor transcript

Dec. 9, 2021

House of Representatives

Formalities and Resolutions

 

Shepherd [00:15:08] I invite the members, staff, press and guests in the galleries to stand to be led in prayer by Pastor Warren Gasaway, assistant team leader, Arkansas Baptist State Convention, and remain standing for the Pledge of Allegiance to be led by Representative Lane Jean. 

 

Gasaway [00:15:25] Good morning. Let us pray. Father, you’re so good. We are reminded during this season of your goodness towards us that the richness of your love came and that you have blessed us. Father, you are the giver of all good gifts. Let us not forget that they come from your hand. The father of creation, of whom there is no shadow or turning. You are constant. You never change. Lord, would you bless this house today? Lord, would you look upon these people and favor them with your wisdom? It is a good gift. Lord, would you favor them with your grace? It is a good gift. God, would you speak to them and lead them in the ways of doing justice and of loving mercy, and of walking humbly with you and with each other? God, we will praise you for these good gifts. We will recognize how you unify and how you bless. Lord, for their homes and for their families, they have put in so much work, Lord. You have– you’ve set them aside for these moments and these days and these appointed times, Lord, would you watch over their families and guard them? Please protect our state. Please guard us and lift us up as a light to this nation and to the world as a people who can love one another, who can find truth together and all under your hand and for your glory. It’s in Jesus’ name that we pray these things. Amen. 

 

[00:17:03] [Pledge of Allegiance] 

 

Shepherd [00:17:33] Members please indicate your presence by pushing the yellow present button. Prepare the machine, Mr Clerk. Cast up the ballot, Mr Clerk. With 99 members present, the chair sees a quorum. Are there any requests for leave? Rep. McCullough for what purpose? 

 

McCullough [00:18:17] Leave. Leave for Representative Julie Mayberry. 

 

Shepherd [00:18:20] Is leave granted for Rep. Mayberry? So noted. Representative Frederick Love moves we dispense with the reading of the 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? Any executive communications? Clerk, please read House Resolution 1002. 

 

Clerk [00:19:14] House Resolution 1002 by Representative Carr to congratulate the Rogers Mounties baseball team on winning the 2021 Class 6A state championship. 

 

Shepherd [00:19:23] Rep. Carr, you are recognized to explain the resolution. 

 

Carr [00:19:26] Thank you, Mr Speaker. I’d like the Rogers representatives to join me in the well. Teamwork, dedication, commitment, focus. These are the attributes of a champion. Today we have the distinguished honor and privilege of representing the Rogers Mounties, the first ever state championship in the school history under the leadership of Coach Nelson. These fine young men have dedicated themselves and achieved an amazing accomplishment for their school history. So with that, I would like you to represent– or support our resolution and rise and represent the Mounties up in the West Gallery. You make Rogers very proud. With that, I’d like to ask for a good vote on the resolution. 

 

Shepherd [00:20:34] Representative Carr has explained the resolution. Would anyone like to speak against the resolution? Would anyone like to speak for the resolution? Rep. Carr is closed for the resolution. The question before the House is the passage of House Resolution 1002. All in favor say aye. Any opposed? The resolution is adopted. Mr Clerk, please read House Resolution 1003. 

 

Clerk [00:21:05] House Resolution 1003 by Representative Lanny Fite to congratulate the Bryant Hornets high school football team on winning the 2021 Class 7A state championship. 

 

Shepherd [00:21:15] Rep. Fite, you’re recognized to explain the resolution. 

 

L Fite [00:21:18] Thank you, Mr. Speaker. I would ask that Representative McGrew, Furman and Brooks join me in the well here, please. I would also ask you– Rep. Mayberry, her daughter’s still in the hospital and she’s not here today, but she would be down here today if she was. OK, it sort of looks like the Salt Bowl around me here right now. Look at all this. I think there’s about 150 of you all here today. Is that correct? Yes, yes. We’re here today to honor the Bryant Hornets. They won their fourth straight class 7A championship. Quite a remarkable achievement. And they’ve done this through teamwork, cooperation. I heard their coach talk a while ago. He praises you loud, loudly when he, when he speaks. Coach Buck– excuse me, Coach Buck James, I’m sorry, Buck, about that, calling you Buck. But he is– he came here and this is the third straight championship he’s had if I’m correct on that, I believe. Also today we have Karen Walters, the superintendent, here with us. And as everyone knows, in Saline County, football is big. We have filled the galleries here. I think there’s 125 players to my left and back behind me here. So as I say, football is big in our, in our community. And this, we’re here today to honor them for their fourth consecutive 7A class championship. I’ll allow at this time if anyone would like to speak. 

 

Brooks [00:22:59] I’ll say something real quick. I just want to say congratulations, young men. I had the unique opportunity several years back to watch coach Buck James be an assistant coach. He hadn’t been an assistant coach very much. But our school over in West Little Rock had the pleasure of having him for a year or two and to just watch him then and to watch him now, not just teach these young men the importance of being excellent on the field and excelling at what they do, but also being excellent in their lives and being good young men who represent their community, their families and their values very well. That’s a testimony to, to coach James, to coach Mike Lee and to everyone in the Bryant community. So congratulations, young man. Congratulations, coaches. We appreciate you. 

L Fite [00:23:39] Mr. Speaker, I was going to have him read the bill, but they need to get down to the Senate end. The Senate end, as usual, are dragging their feet down there. So I’ll close at this time. 

 

[00:23:54] Representative Fite is closed for the resolution. Would anyone like to speak against the resolution? For the resolution? Representative Fite is closed for the resolution. The question before the House is the adoption of House resolution 1003. All in favor say aye. Opposed nay. The resolution is adopted. Mr Clerk, read House resolution 1007.

 

Clerk [00:24:36] House Resolution 1007 by Representative Barker to congratulate the Strong Bulldogs football team on winning the 2021 Class 2A eight man state championship. 

 

[00:24:49] We’re passing over that today. Thank you. Morning hour’s ended. Mr Clerk read Senate Bill 4. 

 

Senate Bill 4

 

Clerk [00:25:06] Senate Bill 4 by Representative Dalby to clarify the applicability of the Uniform Limited Liability Company Act, to confirm and retain the limited liability status and limited liability protection of certain limited liability companies and to declare an emergency. 

 

[00:25:18] Representative Dalby, you’re recognized to explain the bill. 

 

Dalby [00:25:23] Thank you, Mr. Speaker. Members, this is the same bill you voted on yesterday. It’s the companion bill. It is fixing the correction when there was a drafting error in the original bill and I’d appreciate a good vote. 

 

[00:25:35] Representative Dalby has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Dalby is closed for the bill. The question before the House is the passage of Senate Bill 4. Prepare the machine, Mr. Clerk. You’re voting on the bill and the emergency clause. Has everyone voted? Cast up the ballot, Mr Clerk. 93 yeas, 0 nays, zero present. The bill and the emergency clause have passed. Mr Clerk read Senate Bill 7. 

 

Vote on Senate Bill 4

[Yes: 93, No: 0, 

 

Not voting: Beck, V. Flowers, J. Mayberry, Miller, Murdock, Payton, Mr. Speaker]

 

Senate Bill 7

 

Clerk [00:26:16] Senate Bill 7 by Representative Payton to repeal the law concerning pharmaceutical discounts for insulin and to declare an emergency. 

 

[00:26:23] Representative Payton, you are recognized to explain the bill. 

 

Payton [00:26:29] Thank you, Mr. Speaker. Members, this is the same song, same verse, chorus. I’d appreciate a good vote. 

 

[00:26:38] Representative Payton has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Payton has closed for the bill. The question before the House is the passage of Senate bill 7. Prepare the machine, Mr. Clerk. You’re voting on the bill and the emergency clause. Has everyone voted? Cast up the ballot, Mr Clerk. With 96 yeas, 0 nays and 0 present, the bill and the emergency clause have passed. Mr Clerk read Senate Bill 1. 

 

Vote on Senate Bill 7

[Yes: 96, No: 0

 

Not voting: V. Flowers, J. Mayberry, Murdock, Mr. Speaker]

 

Senate Bill 1

 

Clerk [00:27:38] Senate Bill 1 by Representative Maddox to amend the state law– the state income tax, to change the name and funding of the long term reserve fund and to declare an emergency. 

 

[00:27:46] Representative Maddox, you’re recognized to explain the bill. 

 

Maddox [00:27:51] The bill that you’ve already voted on, this is the Senate version. And I’d appreciate a good vote. 

 

[00:27:57] Representative Maddox has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Maddox is closed for the bill. The question before the House is the passage of Senate bill 1. Prepare the machine, Mr. Clerk. You’re voting on the bill and the emergency clause. Has everyone voted? Cast up the ballot, Mr. Clerk. With 80 yeas, 14 nays and 0 present, the bill and the emergency clause have passed. Mr Clerk read Senate Bill 2.

 

Vote on Senate Bill 1

[Yes: 80, No: 14

 

No: F. Allen, Clowney, A. Collins, Ennett, D. Garner, Godfrey, M. Hodges, Hudson, Love, McCullough, Richardson, Scott, Springer, D. Whitaker

 

Non Voting: K. Ferguson, V. Flowers, Magie, J. Mayberry, Murdock, Mr. Speaker]

 

Senate Bill 2

 

Clerk [00:28:39] Senate Bill 2 by Rep. Jett to amend the law concerning the initial appointments to the Tax Appeals Commission and to declare an emergency. 

 

[00:28:46] Representative Jett, you’re recognized to explain the bill. 

 

Jett [00:28:49] Mr. Speaker, colleagues, this is the tax bill– commission bill that we passed yesterday, and I appreciate a good vote. 

 

[00:28:55] Representative Jett has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Jett is closed for the bill. The question before the House is the passage of Senate bill 2. Prepare the machine. Mr. Clerk. You’re voting on the bill and the emergency clause. Has everyone voted? Cast up the ballot, Mr Clerk. With 95 yeas, 0 nays and 0 present, the bill and the emergency clause have passed. Mr Clerk read Senate Bill 10. 

 

Vote on Senate Bill 2

[Yes: 95, No: 0

 

Not voting: V. Flowers, J. Mayberry, Miller, Murdock, Mr. Speaker]

 

Senate Bill 10

 

Clerk [00:29:34] Senate Bill 10 by Rep. Jett to amend the income tax credit for waste reduction, reuse and recycling equipment. 

 

[00:29:41] Rep. Jett, you’re recognized to explain the bill. 

 

Jett [00:29:45] Mr. Speaker, colleagues, this is the recycling tax credit bill that we heard yesterday. With that, I’d appreciate a good vote. 

 

[00:29:53] Representative Jett’s explained the bill. Would anyone like to speak against the bill? For the bill? Represented Jett’s closed for the bill. The question before the House is the passage of Senate Bill 10. Prepare the machine, Mr. Clerk. Has everyone voted? Cast up the ballot, Mr Clerk. With 91 yeas, 4 nays and 0 present, the bill is passed. Members, we’re going to the yellow budget calendar. Representative Jean, you’re recognized. 

 

Vote on Senate Bill 10

[Yes: 91, No: 4

 

No: Dotson, Penzo, Ray, Womack

Non Voting: V. Flowers, J. Mayberry, McCollum, Murdock, Mr. Speaker]

 

Senate Bill 3

Jean [00:30:39] Thank you, Mr. Speaker. Colleagues, the first bill we have on the calendar is Senate Bill 3. This is a supplemental appropriation. This is the American Recovery Funds, not the ones that go through the committee and come through ALC. This is the money that goes directly to the schools, different agencies, and cities and county government. It’s a $3 billion appropriation. The money that flows directly. Once again, we, we do not oversee this, this pot of money. Any questions? Appreciate a good vote on Senate Bill 3. Mr. Speaker have the clerk read the bill for a third time. 

 

[00:31:17] Mr. Clerk read the bill for a third time. 

 

Clerk [00:31:18] Senate Bill 3. 

 

[00:31:29] Representative Jean has presented the bill. Would anyone like to speak against the bill? For the bill? Representative Jean is closed for the bill. The question before the House is the passage of Senate bill 3. Prepare the machine, Mr. Clerk. Has everyone voted? Cast up the ballot, Mr Clerk. With 92 yeas, 0 nays, 0 present, the bill is passed. Representative Jean, you’re recognized.

 

Vote on Senate Bill 3

[Yes: 92, No: 0

Not voting: Dotson, V. Flowers, J. Mayberry, McCollum, Miller, Murdock, Payton, Mr. Speaker]

 

Senate Bill 5

Jean [00:32:13] Thank you, Mr. Speaker. This is the same bill that we passed yesterday. This, the Senate version, is identical. It’s the $50 million that we’re putting in for infrastructure, roads, sewer, water, drainage for the project in Mississippi County. $95 million payroll and 900 employees. Any questions? Appreciate a good vote on Senate Bill 5. Mr. Speaker have the clerk read the bill for the third time. 

 

[00:32:43] Mr Clerk read the bill. 

 

Clerk [00:32:44] Senate Bill 5. 

 

[00:32:46] Representative Jean has presented the bill. Would anyone like to speak against the bill? For the bill? Representative Jean is closed for the bill. The question before the House is the passage of Senate bill 5. Prepare the machine, Mr. Clerk. You’re voting on the bill and emergency clause. Has everyone voted? Cast up the ballot, Mr. Clerk. With 87 yeas, 3 nays, 0 present, the bill and the emergency clause are passed. Members, we’re going back to the red calendar. Mr Clerk read House resolution 1007. 

 

Vote on Senate Bill 5

[Yes: 87, No: 3

 

No: Penzo, Ray, Womack

Non Voting: Beck, Dotson, V. Flowers, Fortner, Lynch, J. Mayberry, McCollum, Murdock, Springer, Mr. Speaker]

 

Clerk [00:33:36] House Resolution 1007 by Representative Barker to congratulate the Strong Bulldogs football team on winning the 2021 Class 2A eight man State Championship. 

 

[00:33:46] Representative Barker, you’re recognized to explain the resolution. 

 

Barker [00:33:50] Thank you, Mr. Speaker. And I’d like to have Speaker Shepherd join me at the well. Sorry. Members, we have the honor today of having with us Superintendent Thomas from the Strong-Huttig School District and Coach Wright and his staff and the Strong Bulldogs who are the 2A eight man state champions this year. Would you help me in congratulating them? Thank you. It’s my privilege to present this resolution on their behalf and to tell you just a little bit about their journey to the state title. Well, we all know 2020 was an interesting year, to say the least and difficult in many ways. The Strong football team is no exception. They lost some manpower. They had many games affected by the COVID quarantine restrictions. They finished the season one and five and actually finished with an 11 man team, I believe. Maybe played a game or two with 11 men total. So in the spring of this year, the Strong-Huttig School District decided to compete in the eight man classification, and in their debut year, they went undefeated 11-0 in the South Conference and won the state title 66-60 in double overtime. I would say that’s a pretty impressive debut year. It’s made more impressive when you realize that Strong is the smallest public school in Arkansas to offer a football program. So good job, Coach Wright, to you, to your Championship team and to Superintendent Thomas. We give a hearty congratulations. And I would appreciate a good vote on the resolution. 

 

Shepherd [00:36:07] I wasn’t going to say anything but that’s two football championships for Union County this year. 

 

[00:36:19] Representative Barker has presented the resolution. Would anyone like to speak against the resolution? For the resolution? Representative Barker’s closed for the resolution. The question before the House is the adoption of House resolution 1007. All in favor say aye. Opposed nay. The resolution is adopted. Members, having completed the items on the governor’s call, we’re moving to the supplemental calendar and to House resolution 1001. Mr. Clerk read House resolution 1001.

 

Motion to Adjourn (sine die)

Clerk [00:37:32] House Resolution 1001 by Representative Shepherd to provide for the sine die adjournment of the 2nd Extraordinary Session of the 93rd General Assembly of the State of Arkansas. 

 

[00:37:41] Representative Shepherd, you’re recognized to explain the resolution. 

 

Shepherd [00:37:46] Thank you, Mr. Chair. Members, I have brought in front of you House Resolution 1001, which provides for the adjournment sine die of the House. Just to give a little bit of background, and I think I’ve probably spoken to both caucuses about, you know, kind of my thought process in bringing this resolution. As you’re aware, normally we would probably just have a motion to adjourn. But given the fact that there was a lot of talk, a lot of press reports, a lot of conversation about whether to extend and, like so many other things that have occurred over the last two years, the extension has rarely been talked about in history, rarely been proposed. So we didn’t have a whole lot of precedent to follow by. 

 

And so I felt like in providing for the efficiency and organization of the House that filing a resolution well in advance to show everybody what that this is– this would be where we would have that motion. The thought process being that if there’s enough to extend, which would be 67 votes, then there’s enough to defeat the resolution that I present here today. A couple other things to keep in mind, the Senate, I have been advised and I would imagine that probably many of you may have been watching over the last hour too, but my understanding is the Senate has adjourned sine die. So I think it goes to the point that there’s really no more business to conduct. 

 

A couple other things that I was going to mention along the way is that in looking at the research on this, in conferring with counsel both here in the House and in the Bureau, that these extensions, obviously they have to be adopted at both ends, but they do irrespective– or the opinion is that even, even with certain restrictions in them, that essentially they, they open it up to 15 days of any kind of bill filing. So I think that’s something that’s important to keep in mind. Again, I really put this in resolution format just to put it out there, provide some structure to our proceedings. 

 

As you can tell– you should have all been provided a supplemental calendar and you can tell that all the resolutions have been– that have been filed were assigned to the calendar. And if this resolution fails, then we would, I guess, I would probably, I’d probably have to recess and think about what to do now that the Senate has gone home because there’s practically no reason to continue forward. But with that, I would appreciate a good vote 

 

[00:40:23] Rep. Bentley for what purpose? 

 

Substitute motion to extend the session

Bentley [00:40:25] I have a motion that– I’d like to make a substitute motion. 

 

[00:40:38] Let’s hear your motion. 

 

Bentley [00:40:39] I make a motion to extend this session, according to Article 6, Section 14 of the Arkansas Constitution, in order to hear a heartbeat bill in order to extend the 2nd ordinary session of the 93rd General Assembly for a period not of 15 days for the purpose of considering legislation to create the Arkansas Human Heartbeat and Human Life Human Life Civil Justice Act to regulate abortion in Arkansas, to save the lives of unborn children and protect the health of women through civil liability for life and violations of abortion laws. 

 

[00:41:13] This is not a proper motion. It’s not of– it’s not a motion of higher precedence than the adjourn motion. Representative Shepherd has explained the resolution. Would anyone like to speak against the resolution? Rep. Payton, you’re recognized to speak against the resolution. 

 

Payton [00:41:48] Members, we have an opportunity to take action. And to end the session at this moment would deny us the opportunity to cast a vote on that action. In a previous session this year, the Senate preceded us and shut down. But they cannot adjourn sine die without our concurrence, so we have every opportunity here to extend the session and to take up the people’s business. I’d encourage a no vote. 

 

[00:42:24] Representative Payton has spoke against the resolution. Would anyone like to speak for the resolution? Against the resolution? Rep. Dotson, for what purpose? 

 

Dotson [00:42:36] A parliamentary inquiry? Just for clarification, if we do not pass this resolution and we stay in session, does the Senate have to go back into session? Since they’ve already adjourned, can– they can’t take up any business, can they? 

 

[00:43:03] Thank you, Mr. Speaker. Mr. Dotson, I can’t answer that question. 

 

[00:43:11] Representative Payton has spoke against the resolution. Would anyone like to speak for the resolution? Against the resolution? Representative Bentley. Representative Bentley, you’re recognized to speak against the resolution. 

 

Bentley [00:43:35] Colleagues, I appreciate all of you. No one wants to go home today more than I do. Today’s my mother’s 90th birthday and people all over the country are flying in from my Pop’s memorial service on Saturday. But you know what? It’s not about me and it’s not about you. It’s not about your schedule and it’s not about my schedule. We have an opportunity to do a very simple technical correction to a bill that we already passed, Act 309 that’s been enjoined by a federal judge. It’s been enjoined. Texas came up with a way to get around that through civil liability. It’s a simple technical correction. We can suspend rules. We can pull this bill out of committee. We can take care of it very quickly. And I want to have that opportunity. 

 

There’s never the wrong time to do the right thing and we can save children’s lives here in Arkansas. That what we’re doing is already a civil liability. It’s already part of Emma’s law that we passed as well. This is not something new or strange. It’s something very simple, a simple technical correction we can make. We can make this the most successful extraordinary session in Arkansas history. Not only passing a law with the most tax cuts ever, we could also save babies lives. I cannot think of a better gift for Arkansans than passing this bill. So with that, I would vote no on this sine die. 

 

[00:44:49] Rep. Bentley has spoke against the resolution. Would anyone like to speak for the resolution? Against the resolution? Representative McKenzie, for what purpose? 

 

McKenzie [00:45:01] Parliamentary inquiry. 

 

Carr [00:45:04] You’re recognized. 

 

McKenzie [00:45:05] What is the threshold for this vote? Is it 51 since it’s a motion to adjourn? Sine die, I’m sorry. 

 

[00:45:11] It’s 51. It’s 51. 

 

McKenzie [00:45:16] 51. Follow up. 

 

[00:45:16] You recognized. 

 

McKenzie [00:45:18] So then since a substitute motion was not allowed, if I understand correctly the only other way to get around the 51 would be an appeal of the ruling to not accept a substitute motion. Is that correct? 

 

[00:45:41] That’s correct. 

 

McKenzie [00:45:42] And that appeal would go to the rules committee, correct? 

 

[00:45:47] Or to the floor. 

 

McKenzie [00:45:48] Or to the floor. All right, thank you. 

 

[00:45:55] Would anyone like to speak for the resolution? Speaker Shepherd, would you like to close for your resolution? 

 

Shepherd [00:46:14] Thank you, Mr. Chair. Just to be clear. A vote yes is for adjournment, adjournment sine die. A vote no, we’d proceed to– well, actually, again, I would probably have to recess and confer with the parliamentarian as to how to proceed, because, again, as a practical matter, the Senate has already adjourned sine die. 

 

[00:46:37] Speaker Shepherd is closed for the resolution. The question before the House is the passage of House resolution 1001. All in favor say aye. Opposed nay. The ayes have it. Prepare the machine, Mr Clerk. Has everyone voted? Cast up the ballot, Mr Clerk. 61 yeas, 32 nays and 0 present, the resolution is passed. And the House is adjourned sine die. 

 

Vote to adjourn (sine die)

[Yes: 61, No: 32

 

No: Beaty Jr., Beck, Bentley, Breaux, Brown, Bryant, Carr, Cloud, C. Cooper, Crawford, M. Davis, Dotson, Furman, Gonzales, Haak, Ladyman, Lowery, Lundstrum, McKenzie, S. Meeks, Miller, Milligan, Payton, Penzo, Pilkington, Richmond, Rye, Slape, B. Smith, Tosh, Underwood, Womack

Non Voting: Barker, Holcomb, J. Mayberry, McCollum, Ray, Scott, Wing]