Jan. 19: House floor transcript

94th General Assembly, House, Transcripts

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House of Representatives

Jan. 19, 2023

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Rep Shepherd: I invite the members, staff, press, and guests in the galleries to stand and be led in prayer by Pastor Chad Denmon of New Life Church in Bryant, a guest of Representative RJ Hawk, and remain standing for the Pledge of Allegiance to be led by Representative Lane Jean.

 

Denmon NLC: On behalf of being a citizen of this great state, I personally want to thank you to all the men and women. As I walked into this building, you can sense and you can feel the weight and the responsibility that you walk in every single day. And there’s a lot that you give and a lot that you sacrifice you and your family’s both, and I personally just want to say thank you. Let’s pray. Lord, we love you, and I thank you so much for the opportunity to be able to take this moment. Just so humbled and so honored guy by the people that are in this room. The way that they want to seek your face and walk in your ways, and your word promises that all these things are going to be added unto us. So to even start this session off with prayer, that’s our heart. God, we want to hear from heaven. We want to hear from you. Because there is, with great leadership, comes great responsibility. And so I pray for encouragement. I pray for strength, and I pray for supernatural wisdom from heaven. We just want to say that we love you. Thank you for being in this moment with us. We don’t have to go about this day without you, so we invite you in, in Jesus’ name. Amen.

 

Rep Shepherd: Members, please indicate your presence by pushing your yellow present button. Prepare the machine, Madam Clerk. Cast up the ballot, Madam Clerk. With 98 members present, the Chair sees a quorum. Are there any requests for leave? Representative Ken Ferguson, for what purpose? You’re recognized.

 

Rep K Ferguson: Leave.

 

Rep Shepherd: Is leave granted for Representative Allen?

 

Audience: Leave.

 

Rep Shepherd: So noted. Representative Wooldridge, for what purpose?

 

Rep Wooldridge: Leave.

 

Rep Shepherd: You’re recognized.

 

Rep Wooldridge: Leave for Representative Duffield.

 

Rep Shepherd: Is leave granted for Representative Duffield?

 

Audience: Leave.

 

Rep Shepherd: So noted. Representative Jeffrey Wardlaw 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? Read the reports, Madam Clerk.

 

Madam Clerk: Mr. Speaker, we your committee on Judiciary to whom was referred House Bill number 1123 and House Bill 1098 beg leave to report that we have the same into consideration and herewith return with the recommendation that it do pass as amended, number one. Mr. Speaker, we your committee on Public Health and Welfare and Labor to whom was referred House Bill 1082, and House Bill 1137, House Bill 1145, and a House Bill 1155, beg leave report that we have the same under consideration and herewith return the same with the recommendation that it do pass. Respectfully submitted, Representative Lee Johnson, Chair. Mr. Speaker, we your committee on Public Transportation to whom was referred House Bill 1150 beg leave report that we have the same under consideration and herewith return the same with the recommendation that it do pass as amended number one. Respectfully submitted, Mike Holcomb, Chair. Mr. Speaker, we your committee on Public Transportation to whom was referred House Bill 1101 beg leave report that we have had the same under consideration and herewith return the same with recommendation that it do pass. Respectfully submitted, Mike Holcomb, Chair. Mr. Speaker, we your committee on Education to whom was referred House Bill 1017 and House Bill 1122 beg leave report that we have had the same under consideration and herewith return with the recommendation that it do pass. Respectfully submitted, Brian Evans, Chair.

 

Rep Shepherd: Is there any unfinished business? Are there any executive communications? Members, before we go to the calendar, our doctor of the day is Dr. Edward Bryant, Jr., of West Memphis, and our nurse of the day is Mrs. Sherry Bernard. [applause] We also have with us a group from Faulkner County, guests of the Faulkner County delegation, guests of Representative Mary Bentley, Representative Matt Brown, Representative David Ray. And this group is led by Justice of the Peace Sam Strain. They’re in the north gallery. In the east gallery, a guest of Representative Meeks, we have a group of foreign exchange students who are led by Amanda Sharp, who’s their coordinator, and we have Candela, Danila, both of Spain, and Giuseppe of Italy, and they’re in the east gallery. And then Arkansas state troopers with us today are Corporal Kevin Grounds and Sergeant Gregg Dikus. [applause] And then, finally, in the east gallery, we have the CEO of the National Council of State Insurance Legislators. Their CEO is Tom Considine, and he’s the guest of Representative Deborah Ferguson. Madam Clerk, please read House Concurrent Resolution 1001.

 

Madam Clerk: House Concurrent Resolution 1001 by Representative Ray, To urge Congress to permanently extend the Tax Cut and Jobs Act of 2017.

 

Rep Shepherd: Representative Ray, you’re recognized to explain the resolution.

 

Rep Ray: Thank you, Mr. Speaker. Colleagues, this resolution would call on the Congress of the United States to extend the Tax Cut and Jobs Act of 2017. The Tax Cut and Jobs Act was a landmark achievement that delivered massive and historic tax relief to citizens all across our country, including right here in Arkansas. Among other things, it doubled the standard deduction, doubled the child tax credit, reduced taxes on American small businesses, relieved millions of American households from the Obamacare mandate tax, and lowered both the personal and corporate income tax rates. The results of the Tax Cut and Jobs Act of 2017 were tremendous. Families and workers experienced tremendous savings, businesses of all sizes were able to hire workers, expand their business, pay for raises, and increase employee benefits. The nation experienced historically low unemployment rates prior to the pandemic, also experienced a tremendous increase in business investment and saw a $6,000 increase in real median household income over two years.

 

Rep Ray: Unfortunately, many of the provisions of the Tax Cut and Jobs Act of 2017 are set to expire at the end of 2025 unless they are extended by Congress. And if these tax cuts are allowed to expire, hundreds of thousands of Arkansas families would face a massive tax increase, and that’s on top of the staggering inflation that they’ve had to deal with under today’s current economic climate. Allowing the Tax Cut and Jobs Act to expire would reduce American competitiveness, result in fewer jobs, reduce income for workers, and lead to even higher prices. As states, we can send a message to Washington to let them know that this is a priority for the people that we represent. I certainly don’t want my constituents to wake up on the morning of January 1, 2026, and be hit with a massive tax increase, and I trust that you don’t either. And with that, I’d appreciate a good vote.

 

Rep Shepherd: Representative Ray has explained the resolution. Would anyone like to speak against the resolution? Would anyone like to speak for the resolution? Representative Ray is closed for the resolution. The question before the house is the adoption of House Concurrent Resolution 1001. All in favor say aye.

 

Audience: Aye.

 

Rep Shepherd: Any opposed? The resolution is adopted. Representative Beaty, for what purpose? Hold on just a second. Morning hour has ended. Representative Beaty, for what purpose?

 

Rep Beaty: Motion.

 

Rep Shepherd: Let’s hear your motion.

 

Motion to recall bomb squad bill from Senate, HB 1018



Rep Beaty: Mr. Speaker, I move we recall House Bill 1018 from the Senate.

 

Rep Shepherd: That’s a proper motion, and it is debatable. Representative Beaty, you’re recognized to explain the motion.

 

Rep Beaty: It’s early in the session, so I thought this would be a good time and a little parliamentary procedure and a good lesson in parliamentary procedure. The bill yesterday that we passed out of here and sent to the Senate where there was proposed amendments. At some point, we need to take care of our business on the House end and not send that to the Senate to take care of those amendments. I was approached by many members that voted in the negative on that bill, and they asked that we could bring that back and have another opportunity here. So with that being said, I ask that you vote in the affirmative to recall this bill. Thank you.

 

Rep Shepherd: Representative Beaty has explained the motion. Would anyone like to speak against the motion? Representative Meeks, you’re recognized to speak against the motion.

 

Rep Meeks: Thank you, Mr. Speaker. Obviously, I’m going to come down and speak against this motion. This House passed this bill overwhelmingly and sent it down to the Senate. The parties are in active negotiation, and we have agreement on what the amendment is going to be. Senator Johnson on the Senate side is ready, able, and willing to make that amendment down there to clean it up. All this would do is create a bigger workload on us, bog this bill down, and for the sake of these guys who are putting their lives on the line for us day in, day out, there’s no reason to do that. Let the process take place as it was designed. We’ll get it taken care of over in the Senate. It’ll come back and get concurred and we’ll have a great bill. If we bring it back down here, it’s going to delay this bill by weeks and create more workload, no reason to do that. So I’d ask you to continue to support our firefighters and vote no.

 

Rep Shepherd: Representative Meeks has spoken against the motion. Would anyone like to speak for the motion? Would anyone like to speak against the motion? Representative Beaty, you’re closed for the motion. Representative Beaty, you’re recognized to close for the motion.

 

Rep Beaty: I would just state that after consulting with the Senate, the information that Representative Meeks provided today as far as the Senate being ready to take this bill and take care of those amendments, the message from the Senate is if we send bills down without a Senate sponsor and someone to run that on the Senate floor, they’re placed in a stack, and they’re going to sit there. So this bill will sit there until that time, and they just respectfully ask that we add a Senate co-sponsor. So my request again is, let’s take care of this bill in the House end and then send a good bill down to the Senate. So I ask for a good vote.

 

Rep Shepherd: Representative Beaty has closed for his motion. The question before the House is the recall of House Bill 1018. All in favor say aye.

 

Audience: Aye.

 

Rep Shepherd: Any opposed?

 

Audience: No.

 

Rep Shepherd: The no’s have it. Madam Clerk, please read House Bill 1023.

 

Madam Clerk: House Bill 1023 to require flags purchased with funds to be made and manufactured in the United States.

 

Rep Shepherd: Representative Fortner, you’re recognized to explain the bill.

 

HB 1023: Requires state purchased flags be made in the USA

 

Rep Fortner: Thank you, Mr. Speaker. Colleagues, this is a simple straightforward bill. It simply says that all flags that are purchased with state taxpayers’ money will be manufactured in the United States. And I’ll take any questions as you have them. Seeing none, I would appreciate a good vote.

 

Rep Shepherd: Represent Fortner has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Fortner is closed for the bill. The question before the House is the passage of House Bill 1023. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 93 yays, 2 nays, and 2 present, the bill has passed. Madam Clerk, please read House Bill 1014.

 

Madam Clerk: House Bill 1014 by Representative Watson to allow online training for county coroners to provide an additional training course for county coroners and to provide that a person with a felony conviction is not eligible to be a deputy coroner.

 

Rep Shepherd: Representative Watson, you’re recognized to explain the bill.

 

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>HB 1014: Allows online training for coroners and prohibits felons from serving as deputy coroners

 

Rep Watson: Thank you, Mr. Speaker. House Bill 1014. Arkansas is having a time keeping the deputy coroners. The regular coroners aren’t having much problem staying certified, and so many of them work at funeral homes or different practices. And this focuses– again, pay attention, this is for our deputy corners. This bill talks about the training and the instruction and the eligibility requirements for county coroners, to allow for a county corner to receive online training. The second part is to expand the number of approved medical-legal death investigation training courses that meet the training requirements for coroners. The last thing it says, it says to provide that a person with a felony conviction is not eligible to be a deputy coroner. That’s the gist of this. This is really important. If there’s any questions–

 

Rep Shepherd: Representative Richmond, for what purpose? You’re recognized for a question.

 

Rep Richmond: Representative Watson, concerning the no felons, could you explain what mischief a former felon might get into as a deputy coroner?

 

Rep Watson: A real good question. I can not explain it, but I do know this, Representative Richmond, they just wanted to cover that generically just to make sure that it is in print, and in my words, there’s no if, and, or buts about it. I know that really doesn’t answer, but that’s it. No questions, I appreciate a good vote.

 

Rep Shepherd: Representative Tosh, for what purpose? You’re recognized for a question.

 

Rep Tosh: Representative Watson and I just want to make sure– a felony, what about an individual that say 20 years ago was convicted of a felony based on a hot check violation? Is that defining moment or that moment in time when they had a lapse of judgment and made a mistake, are they going to be penalized from that day forward and not be able to allow to serve as a deputy coroner? Because it’s my understanding it’s a difficult time to find individuals as coroners, and it’s basically the training that they receive. Is that what this bill will do will prohibit someone in that situation from serving in that position?

 

Rep Watson: Keep in mind first, Representative Tosh, this is for deputy coroners. Again, kind of relaying back to what I explained to Representative Richmond, possibly the executive director of the Coroners Association– I don’t know– possibly he’ll make that determination. I don’t want to assume or to guess anything, sir.

 

Rep Fortner: Representative Watson, does the corner association– I’m sure you’ve spoken with them– do they support this bill?

 

Rep Watson: Absolutely. The executive director, Kevin Gleghorn, testified with me yesterday in City, County, Local. They actually approached me over a year ago, seeing the more critical need as time goes on, again, for the deputy corners. They were having the problem. This is, again, to allow more resources, not only online training, but in-person training through the academy, and the medicolegal association too, death scene investigation. There’s a litany, Representative, of items on there, the same things that the regular coroners, they’re all behind this. They came to me, sir.

 

Rep Shepherd: Representative Flowers, for what purpose?

 

Rep Flowers: I’m kind of asking this for myself as well as another member who was wondering.

 

Rep Shepherd: You’re recognized.

 

Rep Flowers: Oh, sorry. Thank you, Mr. Speaker. I’m wondering would this include nonviolent felons, and also will this include felons whose records have been sealed or expunged?

 

Rep Watson: Okay, again, I believe the decision will be made by the executive director of the Coroners Association. I can not answer that. I’m not going to act like I know, but it does say blanket and it did throw out felony, so. If no more questions, I’d appreciate a good vote.

 

Rep Shepherd: Representative Watson has explained the bill, would anyone like to speak against the bill? Representative Richmond, you’re recognized to speak against the bill.

 

Rep Richmond: Thank you, Mr. Speaker. I’m not really against this bill. I’m just concerned that there’s no real definition of what felons, who, what, when, or where, of the type of felon. And it’s tough already for some of these people that have charges and felons that really were not that serious that happened a long time ago. It’s still very hard for them to get jobs and things and for them to move away from that criminal activity or whatever. And it just bothers me that we’re making it harder on this thing. I would ask, and frankly, do whatever you want on this thing, but I would ask that a consideration would be made to take this back and try to define felon in a little bit about somebody that may be violent or something like that. I understand somebody that’s not violent that did something like a hot check or something 20 years ago. Maybe they should be forgiven. They paid their debt to society. Maybe it’s time to allow them to move on. And again, I’m not real sure how much mischief you can get into as a coroner with a dead body, but I’m sure there’s something. But I would ask that that’d be considered at this point, that this thing be reworked a little bit, then I think we can pass it without any kind of regrets. Thank you, Mr. Speaker.

 

Rep Shepherd: Representative Richmond has spoken against the bill. Would anyone like to speak for the bill? Representative Lanny Fite, you’re recognized to speak for the bill.

 

Rep L Fite: Let me say a coroner comes in the house, and you have a loved one who’s passed away. They go get the medication out of your medicine cabinet. They deal with the family. When me and you, I don’t want to felon in there. If somebody committed a hot check 20 years ago, like Representative Tosh says, they had the opportunity to get that expunged if they’ve lived their life like they could. So as I said, when somebody comes in my house, I’ve lost a loved one, I want to make sure that I’m all right with that. I’m all right with them going in my bathroom and getting the medicine out of the medicine cabinets.

 

Rep Shepherd: Representative Flowers, for what purpose?

 

Rep Flowers: Question.

 

Rep Shepherd: You’re recognized for a question.

 

Rep Flowers: Thank you, Mr. Speaker. Represent Fite, I agree with you to some extent, and you just made the exclusion about if someone has had their record expunged. And I just heard from the sponsor that that’s not clear in the bill. So I guess I’m wondering, are you making your statement based upon the assumption that expunged felons would be excluded from this bill or are you just saying that that’s a condition that you would like to see?

 

Rep L Fite: I have no opinion on whether that should be in the bill or not. I just believe a convicted felon at that time in your life, you don’t need anything else complicating it. Thank you.

 

Rep Shepherd: Representative Tosh has spoken for the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Watson, you’re recognized to close for the bill.

 

Rep Watson: I will reiterate page 3 section E, again quote, it says, “A person is not eligible to be a deputy coroner if the person has pled guilty or nolo contendre or has been found guilty of a felony even if the felony conviction has been sealed, expunged or pardoned.” I’ll close on that.

 

Rep Shepherd: Representative Watson has closed for the bill. The question before the House is the passage of House Bill 1014. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 44 yays, 36 nays, 7 present, the bill has failed. Madam Clerk, please read House Bill 1090.

 

Madam Clerk: House Bill 1090 by Representative Watson: to separate the offices of sheriff and tax collector in Hempstead County.

 

Rep Shepherd: Representative Watson, you’re recognized to explain the bill.

 

HB 1090: Separates the offices of sheriff and collector in Hempstead County

 

Rep Watson: Thank you Mr. Speaker. House Bill 1090 is county specific. This was brought to me by the sheriff and the county judge of Hempstead County. This is an act to separate the offices of sheriff and tax collector in Hempstead County. I found out through the Arkansas Association of Counties that over 50-something counties out of 75 have already done this. They have separated the county collector from the county sheriff. This is a wonderful thing. The last thing that a sheriff needs on their mind in lieu of the recidivism in the jail, the turnover with deputies, they need to focus on what they were elected to do. I do believe this will make it more efficient and more effective for the elected sheriff. In my House district, one of my new districts is Miller county, which is Texarkana. They had done this several years ago. For Hempstead County, this will apply after the current sheriff finishes his four-year term, so this will not apply during the next four years. It will happen when whoever takes office in January 1st of 2027, because he did not want to have a special election called for this. I hear that another county in my newly elected, the sheriff wants to talk to me possibly about separating, again, the sheriff from the collector job. Is there any questions?

 

Rep Shepherd: Representative Ladyman, for what purpose?

 

Rep Ladyman: Thank you. Thank you, Mr. Speaker. Representative Watson–

 

Rep Shepherd: You’re recognized for a question.

 

Rep Ladyman: Thank you. Just a clarification. So these two positions are combined in all counties and you have to opt out of that? Is that–

 

Rep Watson: That is correct. That is correct.

 

Rep Ladyman: Okay. Thank you.

 

Rep Shepherd: Representative Dalby, for what purpose?

 

Rep Dalby: Question.

 

Rep Shepherd: You’re recognized.

 

Rep Dalby: Isn’t it maybe a more accurate statement, Representative Watson, that not all counties are together, that maybe by Constitution when that county was constituted way back when they were separated. But in some counties they weren’t separated. And so if they want to separate, they have to do this. But say for the example of Miller County, they’ve always been separated by the Constitution. Isn’t that correct?

 

Rep Watson: That’s what I understand. Thank you.  No more questions? I appreciate a good vote.

 

Rep Shepherd: Representative Watson has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Watson is closed for the bill. The question before the House is the passage of House Bill 1090. Prepare the machine, Madam Clerk.

 

Rep Shepherd: Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 93 ayes, 3 nays, and 0 zero present, the bill is passed. Madam Clerk, please read House Bill 1100.

 

Madam Clerk: House Bill 1100 by Representative Collins, To amend the purposes of urban service districts and to add certain municipal services and purposes for which an urban service district may be formed.

 

Rep Shepherd: Representative Collins, you’re recognized to explain the bill.

 

HB 1100: Allows urban service districts (Cammack Village) to provide street and drainage services

 

Rep Collins: Thank you, Mr. Speaker. So this bill lets the urban service district do a couple of additional things. I’ll explain this because if you don’t have the context, you may be wondering what this is and why we’re doing it. There’s only one urban service district in the state. It’s like an improvement district, but most improvement districts are for one specific purpose. The urban service district basically is what the city is. It does all of the things the city does. The one urban service issue that we have is in Cammack Village. Cammack Village is in my district, so the Municipal League brought this bill to Senator Tucker and myself to try to help out our district. They currently do numerous things under the urban service district that’s in existing statute: emergency services, solid waste, parks, street cleaning, weed lot maintenance, and so on and so forth. There are two things that they already do, but they do through a different funding source, which is drainage. So if there’s water on the streets they need to address for safety and access, as well as street and sidewalk work, whether it’s resurfacing or access ramps or things like that, they do this. They have to go and have a different kind of a district that allows them to do that. They may have to put bonds out. It’s a little bit more expensive, a little bit less convenient. They would like to be able to do this with their existing form of government, which is the urban service district. And I’m happy to answer any questions if there are any questions about that.

 

Rep Shepherd: Representative Wardlaw, for what purpose?

 

Rep Wardlaw: Question.

 

Rep Shepherd: You’re recognized.

 

Rep Wardlaw: So in these service districts, they’re within a city, correct?

 

Rep Collins: Yes, it’s started by the city. And it can be the entire city or it can be a part of the city.

 

Rep Wardlaw: So within these districts within that city, is there going to be a separate fee charged to offer these services listed? I saw where there’s solid waste, there’s fire, there’s ambulance, and obviously, security would be police, I take it. So how are those pieces going to be paid for?

 

Rep Collins: So currently, they have the service district, and it’s done through a fee, and it’s assessed on, I believe it’s on their waste bill. But you could do it on wastewater or sewer. It has to be approved by– it has to be initiated by a petition of 25% or more of the electors, and it can be overruled by 50% or more of the electors. That’s all current law. If they were to change this, change their urban service district and add drainage, add street and sidewalk maintenance redevelopment, even the amendment would require 25% of the electors to sign on to it. It’s what the people of Cammack have wanted to do because otherwise they don’t get to do these basic services without having to go through another form of government.

 

Rep Shepherd: Representative Eaves, for what purpose?

 

Rep Eaves: Question.

 

Rep Shepherd: You’re recognized.

 

Rep Eaves: How many of these urban service districts are there in the state?

 

Rep Collins: There is one. It’s in Cammack Village. It’s the only one that has been created. The law started in 1995, and yeah, it just hasn’t been used that much.

 

Rep Shepherd: Representative Hawk, for what purpose?

 

Rep Hawk: Question.

 

Rep Shepherd: You’re recognized.

 

Rep Hawk: Can you not go within the city that this is in to ask for help with sidewalk repair, things like that? Since it’s within the city, can you go to the city and say, “Hey, we need some help with our sidewalks,” and get funding that way?

 

Rep Collins: Well, this is basically the city of Cammack Village. So most cities have revenue sources through primarily sales tax. Cammack does not have any sales tax. They don’t have any businesses in their area. They get funding from a small part of the Pulaksi County sales tax. They get a little bit of property tax money, but they couldn’t really do this without some other source of funding. And in law, we typically let cities do the basic services that they do. The way Cammack does it is through this urban service district. So that’s the answer. I mean, they basically are doing it through the city, and this is the city.

 

Rep Shepherd: Representative Duke, for what purpose? You’re recognized.

 

Rep Duke: Thank you, Mr. Speaker. My question, I don’t have a lot of familiarity with this, is are these districts subject to FOIA? Is there transparency for the public in decision-making processes?

 

Rep Collins: Generally speaking, my understanding is that improvement districts because they are municipal organizations are subject to FOIA. But I don’t particularly know much about that. But as an entity that is a municipal entity, I would think that they are subject to FOIA. And that’s been my experience with other forms of improvement districts. And I’m going to say thank you, and I appreciate y’all’s time.

 

Rep Shepherd: Representative Collins has left the well. Representative Collins has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Collins is closed for the bill.

 

Rep Shepherd: The question before the House is the passage of House Bill 1100. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. By a vote of 94 ayes, 0 nays, and 3 present, the bill has passed. Madam Clerk, please read House Bill 1024.

 

Madam Clerk: House Bill 1024 by Representative Ray, To amend the law governing the creation of designated entertainment districts.

 

Rep Shepherd: Representative Ray, you’re recognized to explain the bill.

 

HB 1024: Allows cities without an A&P tax to have entertainment districts

 

Rep Ray: Thank you, Mr. Speaker. Everyone seems to be feeling feisty today. Thank you for the opportunity to present House Bill 1024. This bill would untie the requirement for the creation of entertainment districts that they have an advertising and promotion tax. And I’ll try to explain what this bill does and doesn’t do. So in 2019, legislation was passed that allowed for cities and municipalities and incorporated towns to create an entertainment district if they met the criteria laid out in that legislation. That included things like that they be commercially zoned, they have a number of restaurants or bars or taverns or things of this sort. One of the requirements that was in that legislation is that the city must levy an advertising and promotion tax in order to create an entertainment district. For those who aren’t familiar with an advertising and promotion tax, it is a gross receipts tax that is levied on prepared food as well as lodging like hotels and motels. This bill removes that requirement. Now, why am I bringing this legislation? It simply doesn’t make any sense that a government should have to levy any sort of tax, much less an advertising and promotion tax, in order to have an entertainment district. And in practice, this may very well lead to more taxes than people want or need. I’m aware of at least one instance here in central Arkansas where an advertising and promotion tax was advanced and one of the primary arguments behind it was, well, we may want to have an entertainment district one day so we need to go ahead and pass this tax so that’ll be in place.

 

Rep Ray: Another thing is that A&P taxes really don’t have anything to do with entertainment districts. The requirement is sort of a non sequitur, and I’ve spoken with the bill sponsor from 2019 and they agree with me on that. I’ve not been able to think of a single compelling reason why having an entertainment district should require a tax to be levied alongside it. And I have spoken to the Municipal League about this bill. They’re actually in favor of it, which I think is a personal first for me. I do want to make one comment related to some of you may have received an email claiming that this bill expands public drinking. I just want to say that is not the case at all. This bill does not change who is able to drink alcohol, when they can drink alcohol, or where they can drink alcohol. This bill is mostly dealing with– not mostly– it’s entirely dealing just with the tax requirement. And so I don’t see any reason that Arkansas families should have to pay higher taxes when they go out to a restaurant and buy a meal for their family just for this purpose. So with that, I’d be happy to entertain any questions.

 

Rep Shepherd: Representative Pilkington, for what purpose?

 

Rep Pilkington: Question.

 

Rep Shepherd: You’re recognized.

 

Rep Pilkington: Thank you, Mr. Speaker. So would this mean if the Capitol District became an entertainment zone we wouldn’t have to levy an A&P tax?

 

Rep Ray: I’m not aware of anyone trying to make the Capitol District an entertainment zone, but Little Rock already levies an A&P tax. So it would not be an issue. Thank you, colleagues. I’d appreciate a good vote.

 

Rep Shepherd: Representative Ray has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Ray is closed for the bill. The question before the House is the passage of House Bill 1024. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. By a vote of 87 yeas, 6 nays, and 1 present, the bill has passed.

 

Rep Shepherd: Representative Richmond, for what purpose?

 

Rep Richmond: Motion.

 

Rep Shepherd: Let’s hear your motion.

 

Rep Richmond: Mr. Speaker, I move to expunge the vote on which HB 1014 failed and refer the bill back to committee.

 

Rep Shepherd: Representative Richmond, we’ll take those motions up one at a time. The first motion, as I understand it, is the motion to expunge the vote by which House Bill 1014 failed. That is a proper motion. It is debatable. You’re recognized to explain the motion.

 

Rep Richmond: Thank you, Mr. Speaker. On Representative Watson’s bill, there was a lot of good in that bill. And I feel responsible for killing it. [laughter] Usually, I take pleasure in that, but because this did have some good in it, I’d like to reconsider the bill to be able to get it back to the committee and address some of those issues that we’re concerned about so that he can bring us a better bill that we can all get on board with and pass.

 

Rep Shepherd: Representative Richmond has explained the motion. Would anyone like to speak against the motion? Would anyone like to speak for the motion? Representative Richmond has closed for the motion. The question before the House is the motion to expunge the vote by which House Bill 1014 failed to pass. All in favor of expungement say aye. Any opposed? The motion passes. Representative Richmond, you’re recognized.

 

Rep Richmond: I’ll get it right this time. I move that we– motion. I move that we re-refer the bill back to committee for corrections.

 

Rep Shepherd: That is a proper motion. It is debatable. Representative Richmond, you’re recognized to explain the motion.

 

Rep Richmond: Thank you, Mr. Speaker. Let’s send it back, give him an opportunity to fix it. If he doesn’t fix it, as I was asked by one of my colleagues– if he decides not to fix it, then we just kill it again.

 

Rep Shepherd: Representative Richmond has explained the motion. Would anyone like to speak against the motion? Would anyone like to speak for the motion? Representative Richmond has closed for the motion. The question for the house is the motion to re-refer House Bill 1014 back to committee. All in favor say aye. Any opposed? The motion passes. Madam Clerk, send the bill back to committee. Madam Clerk, please read House Bill 1028.

 

Madam Clerk: House Bill 1028 by Representative Charlene Fite, To replace the term “child pornography” with the term “child sexual abuse material” in the Arkansas Code.

 

Rep Shepherd: Representative Fite, you’re recognized to explain the bill.

 

HB 1028: Makes child sexual abuse terms more applicable to prosecution

 

Rep C Fite: Thank you, Mr. Speaker. According to the National Center for Missing and Exploited Children, in 2021 alone, the last year for which we have statistics, there were more than 29 million reports of suspected child sexual exploitation reported by online platforms. Several months ago I was invited to a meeting with the Morgan Nick Foundation, which is located in Alma, and a local attorney regarding changing Arkansas code to match what’s used by national groups that work to eradicate child sexual abuse. Currently, we use the term “child pornography.” It is much more accurate to call it what it is: child sexual abuse material. It is evidence of a crime, the sexual abuse of a minor. A child can not consent. Therefore, the print or online depiction is evidence of a crime. Child sexual abuse material or CSAM is the term used by the National Center for Exploited Children, or the Adam Walsh Foundation, RAINN and other national groups. States are now moving to use the same terminology. This broadens the term to be more applicable to criminal activities. Numerous prosecuting attorneys have spoken with me and said that they favor doing this because it puts the emphasis on the victim of the crime, a child, rather than confusing juries with the term “pornography” and what it is or is not. So with that, I would appreciate a good vote. I will take any questions. Seeing none, thank you.

 

Rep Shepherd: Representative Fite has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Fite is closed for the bill. The question before the House is the passage of House Bill 1028. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 96 yays, 0 nay, and 0 present, the bill has passed. Members, we’re going to move to the yellow budget calendar. Representative Jean, you’re recognized.

 

SB 10, SB 12, SB, 46 appropriations

Rep Jean: Thank you, Mr. Speaker. Colleagues, we’re going to take up Senate Bill 10 and Senate Bill 12. These are two more promotional bills. Senate Bill 10 is the Catfish Promotion Board. Senate Bill 12’s the Arkansas Beef Council. These are funds that are levied inside their industry for promotion and education in these two areas. I’m going to batch these. Anybody want these bills separated? Any questions on any of these bills? Your one vote is for the bills and the emergency clause. Mr. Speaker, have the clerk read the bill for the third time.

 

Rep Shepherd: Madam Clerk, please read the bills for the third time.

 

Madam Clerk: Senate Bill 10. Senate Bill 12.

 

Rep Shepherd: Prepare the machine, Madam Clerk. Has everyone voted? You’re voting on the bills and the emergency clauses. Has everyone voted? Cast up the ballot, Madam Clerk. By a vote of 94 yeas, 1 nay, 0 present, the bills and emergency clauses have passed. Representative Jean, you’re recognized.

 

Rep Jean: Thank you, Mr. Speaker. Colleagues, we have Senate Bill 46, which is the governor’s legislative liaison bill. This is the same $226,000 that we passed last time. Many of you remember our colleague, Ken Bragg. If you want him to get paid for his work during this session, you can vote for this bill. Remember, your one vote is for the bill and the emergency clause. Mr. Speaker, read the bill for the third time.

 

Rep Shepherd: Madam Clerk, please read the bill for the third time.

 

Madam Clerk: Senate Bill 46.

 

Rep Shepherd: Prepare the machine, Madam Clerk.  Has everyone voted? You’re voting on the bill and the emergency clause. Has everyone voted? Cast up the ballot, Madam Clerk. With a vote of 96 yeas, 0 nay, and 0 present, the bill and emergency clause are passed. Representative Meeks for what purpose?

 

Rep Meeks: Motion please.

 

Rep Shepherd: Let’s hear your motion.

 

Rep Meeks: After the announcements, reading of the bills, transferring of the bills, placing the calendars on the desk, members amending their own bills with their own amendments, members withdrawing their own bills, finalizing resolutions, reading communications, and any remaining committee reports, I move that we adjourn until 1:30 on Monday afternoon.

 

Rep Shepherd: That’s a proper motion. It’s not debatable. All in favor say aye. Any opposed? The motion passes. Are there any announcements? Representative Wing, for what purpose? Let’s hear your announcement.

 

Rep Wing: There are 100 people in this House, and everybody’s having a great day, but one of us is having a better day than others. Representative DeAnna Hodges, happy birthday.

 

Rep Shepherd: Representative Warren, for what purpose? You’re recognized.

 

Rep Warren: Joint Retirement will have our first organizational meeting in Big Mac A Monday morning at 8:30.

 

Rep Shepherd: Representative Milligan, for what purpose? You’re recognized.

 

Rep Milligan: LAC will be Monday night at 6:30 in room 149.

 

Rep Shepherd: Any other announcements? Members, as we head into the weekend, again, I remind you, look at the website, check your emails as we move into more regular business. If you have any questions, don’t hesitate to reach out to me or Roy or Buddy or Amber. Any other announcements? If not, the desk will remain open as needed for the reading of the bills. And upon completion of the items named in the adjourn resolution, the House will be adjourned until 1:30 PM Monday.