Jan. 25: House transcript

94th General Assembly, House, Transcripts

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House of Representatives

 

January 25, 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 Bishop James E. Baldwin the Third, of Evangelistic Ministries, Church of Jacksonville, a guest of representative Mark Perry, and remain standing for the Pledge of Allegiance by Representative Lane Jean. 

 

[Prayer, followed by Pledge of Allegiance by members]. 

 

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 99 members present, the chair sees a quorum. Are there requests for leave? Representative McCullough, for what purpose? 

 

Rep McCullough: Leave. 

 

Rep Shepherd: You’re recognized. 

 

Rep McCullough: Leave for Representative Flowers. 

 

Rep Shepherd: Is leave granted for Representative Flowers? 

 

Members: Leave. 

 

Rep Shepherd: So noted. Representative Jeff 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 City County Local Affairs to whom was referred House Bill 1014 by Representative Watson beg leave report that we have the same under consideration and here return same with recommendation that it do pass. Respectfully submitted, Lanny Fite, Chair. Mr. Speaker, we your Committee on State Agencies and Governmental Affairs to whom was referred House Bill 1099, House Bill 1163, House Bill 1164 beg leave report that we have under the same under consideration and  herewith return the same with the recommendation that it do pass. Mr. Speaker, we your committee on Insurance and Commerce to whom was referred House Bill 1040, House Bill 1042, House Bill 1147, beg leave report that we have had under same consideration here and return the same with recommendation that it do pass. 

 

Rep Shepherd: Is there any unfinished business? Are there any executive communications? Members, our doctor of the day is Dr. Ballas Simon of Little Rock, and our nurse of the day is Miss Sherry Bernard. We also have with us in the East Gallery the Arkansas Optometric Association. And as a guest of Representative Burke’s, we have Nabila Dewey of Springdale, who’s a student at the Southern College of Optometry. In the North Gallery, we have as the guests of Representative Charlene Fite, Representative Jon Eubanks, Ray and Margaret Roberson, and a special note: their nephew is Joseph Pinion, who helped the Hogs to a victory last night. So we wanna recognize them. Madam Clerk, please read House Resolution 1003. 

 

HR 1003: Recognizing Arkansas Forestry Day

 

Madam Clerk: House Resolution 1003 by Representative Beaty Jr. To recognize and celebrate Arkansas Forestry Day at the State Capitol on January 25th, 2023. 

 

Rep Shepherd: Representative Beaty, you’re recognized to explain your resolution. 

 

Rep Beaty Jr:  Mr. Speaker, I ask Representative Wardlaw to join me in the well. Well, you told me this was a time you’d do what I told you to do. So I’m taking advantage of that. Mr. Speaker, colleagues, I have the honor today to run Resolution 1003 to recognize January 25 of 2023 as Arkansas Forestry Day at the State Capitol. This is a resolution that historically has been prepared and presented by our retired colleague Ken Bragg, and is a distinct honor for me to stand here today and do this on behalf of the 54,000+ Arkansans that are employed in the Forestry industry. At this time, Representative Wardlaw, at this time, I would I would ask that the clerk read the short resolution in its entirety. 

 

Rep Shepherd: Madam Clerk, please read the resolution. 

 

Madam Clerk: House Resolution 1003. To recognize and celebrate Arkansas Forestry Day at the state capitol on January 25, 2023. Whereas private landowners own 15.3 million acres of state forests and almost 3.6 million acres of publicly owned federal, state and other public entities. And, whereas, forests provide more than 5,000 products we depend on every day. And, whereas, the state’s abundant forest resources have provided important economic and environmental benefits to the state and nation since the 1880s. And, whereas, the state’s forest lands are diverse in their makeup, with 6.2 million acres – 900,000 acres of oak and pine and 10.4 million acres of hardwoods. And, whereas, foresters valued added contribution to the state’s economy is $5.4 million. And, whereas, the forest products industry supports 26,515 direct jobs and 54,982 total jobs. And, whereas, one in 14 of all Arkansans own forest land. And. whereas, 67% of the state’s forests are owned by family forest land owners. And. whereas, Arkansas families depend on the $1,760,000,000 in direct wages provided by the forest products industry. And,whereas, the average compensation in the forest products industry is higher than both the national and Arkansas average wage. And, whereas, for every one job created by the forestry industry in the state of Arkansas, two of the 4/10 jobs are created indirectly. And, whereas, the timber harvesters and forest landowners follow voluntary best management practices that protect water quality. And, whereas, the state’s forests provide unparalleled scenic beauty. And, whereas, the forests in the Arkansas support habitat for more than 600 species of fish and wildlife. And, whereas, the state’s forest land owners manage their land to protect and enhance habitat for threatened and endangered species. And, whereas, Since 1947, the Arkansas Forestry Association has served as a voice of forestry for the state’s entire forestry community. Now, therefore, be it resolved by the House of Representatives of the 94th General Assembly of the State of Arkansas, that the House of Representatives recognize and celebrate, Arkansas Forestry Day at the State Capitol Building on January 25th, 2023. 

 

Rep Beaty Jr: Members I’d appreciate a good vote. Thank you. 

 

Rep Shepherd: Representative Beaty has explained the resolution. Would anyone like to speak against the resolution? Would anyone like to speak for the resolution? Representative Beaty is closed for the resolution. The question before the House is the passage of House Resolution 1003. All in favor, say aye. Any opposed? Resolution passes. And members, I would also mention I believe we have members of the Arkansas Forestry Association in the East Gallery as well with us today. Morning hour has ended. Members, we’re going to pass over House Bill 1082. Madam Clerk, please read House Bill 1125. 

 

HB 1125: Prohibits sex offenders from having a drone

 

Madam Clerk: House Bill 1125 by Representative Evans. To prohibit a registered sex offender for purchasing, owning, possessing, using or operating an unmanned aircraft for private use. 

 

Rep Shepherd: Representative Evans, you are recognized to explain the bill. 

 

Rep Evans: Thank you, Mr. Speaker. Members, let me start by saying that this bill was brought to me by constituents in my district. And I think that in most cases we would be thankful that they brought a constituent based bill to us. But unfortunately, on this particular bill, neither I nor my constituents are happy that we have had to do this. In short, the purpose of this bill is to prohibit a level 3 or level 4 sex offender from purchasing, owning, possessing, using or operating an unmanned aircraft, also known frequently as a drone and in assessing a penalty to that. That being a sex offender that is a level three or level four, that being high risk or someone who has been deemed as a sexually violent predator. Assessing a penalty that is a violation of a Class D felony. 

 

In short, my constituents were curiously confronted in the privacy of their own backyard on multiple occasions. Of that frequen–of that noise, that familiar noise that you hear, and you’re not sure exactly what it is until you look up and you realize that you’ve got a drone hovering over you. In all of these cases, they were in their backyard in the privacy of their fence, laying out by their pool. Day after day, the drone was appearing and as they talked with their neighbors and their neighborhood watch group. They knew that it wasn’t anyone in their neighborhood. The drone was actually coming across a big wooded area into their backyard. 

 

At first it was a little bit humorous to them, but then it became a little bit of annoyance as the drone got closer and closer and closer to them. They made a joke. What would we do if the drone ever crashed in the backyard? What do we do? Two ladies minding their own business, being in their backyard. Well, sure enough, as fate would have it, a couple of days later, here’s the drone again. And this time it did. It crashed in the backyard. They picked it up. There was identification on it. They decided they would load it up, take it to the local sheriff’s office. They didn’t live within the city limits, they lived in the county. 

 

They loaded up as they’re leaving to go to the sheriff’s department. The truck cuts them off at the end of the road. Gentleman jumps out. Pretty hot tempered. Wanted to know if they had seen a drone anywhere. Matter of fact, we did. Where is it? It’s in the trunk of our car. What are you going to do with it? Won’t you just give it back to me? We’re going to take the sheriff’s office. You’re welcome to follow us down to the sheriff’s office and retrieve it there. He wasn’t interested in doing that. And when they got to the sheriff’s office, they found out why. The sheriff’s office was very familiar with who it was. They actually had called him by name, even though his ID was on the drone and they already knew. When they got home, they did a little bit of research to find out that he was a level three sex offender. In contacting with our local sheriff, the sheriff made it very clear that, you know, we’re very much aware of who he is. We’re very much aware of where he lives. But really, in this instance, there’s nothing we can do because there is no law that prohibits him from doing what he’s doing. 

 

So that’s what this bill does. It protects the privacy of your constituents in the privacy of their backyards, doing whatever it is that they’re doing. It also protects that child that’s at home by themselves, in the backyard. It protects that situation where that drone is hovering day after day over that piece of property to learn the patterns of when mom and dad are there, when they’re not there. If there’s a big dog in the backyard, if they have a sliding back glass, maybe to get into the house, may have sort of a deadbolt, steel frame door. I think this bill helps tie up one potential loose end to protect our constituents. I’m thankful for the fact I was contacted this morning by the Arkansas General Aviation Association, who gave their full support of this bill, and there has been no objections. With that, I would appreciate a good vote. 

 

Rep Shepherd: Representative Evans has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Evans is closed for the bill. The question before the House is the passage of House Bill 1125. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. 95 yays, 1 nay, and 0 present. The bill is passed. Madam Clerk, please read House Bill 1136. 

 

HB 1136: Removes “good moral character” language from social worker licensure

 

Madam Clerk: House Bill 1136 by Representative Cavenaugh. To remove the licensure requirement of a good moral character from the Social Work Licensing Act. 

 

Rep Shepherd: Representative Cavenaugh, you’re recognized to explain your bill. 

 

Rep Cavenaugh: Thank you, Mr. Speaker. This bill is just a technical clean up bill. Back in 2019, we removed good character, good moral character from the statues of the Arkansas Code, Title 17. This was just missed. And this is just a cleanup to go ahead and get that deleted like we have all the other ones. And with that, I’d appreciate a good vote. 

 

Rep Shepherd: Representative Cavenaugh has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Cavenaugh is closed for the bill. The question before the House is the passage of House Bill 1136. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot. Madam Clerk. With 95 yays, 3 nays, and 0 present, the bill is passed. Madam Clerk, please read House Bill 1015. 

 

HB 1015: Exempts Hot Springs Village from wastewater trust fund

 

Madam Clerk: House Bill 1015 by Representative McGrew. To amend the Arkansas Water and Air Pollution Control Act and to exempt certain property owners, associations and homeowners associations from certain water permits actions. 

 

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

 

Rep McGrew: Thank you, Mr. Speaker. Colleagues I bring you House Bill 1015. This bill doesn’t do a whole lot. What it does do is it takes a community that’s 5000 or more and put them in a position similar to a municipality. And this particular thing, it’s a law that was putting into place, I believe it was 2019 that changed HOAs and POAs to have them place into a fund for the small organizations were leaving problems for the state to clean up. What this bill does is take them out of the fund so they are no longer subject to the to the fees that are paid in and they’re also no longer subject to get any fees out of there. It just treats them like a municipality. It’s written basically for Hot Springs Village. It’s in my district. It’s a community of over 17,000 residents that live there, and it just treats them just like a city that’s basically the same size as Monticello. And that’s all it does. I’m available for any questions. And seeing none, I appreciate a good vote. Thank you. 

 

Rep Shepherd: Representative McGrew has explained the bill. Would anyone like to speak against the bill? Would like to speak for the bill? Representative McGrew is closed for the bill. The question before the House is the passage of House Bill 1015. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot. Madam Clerk. With 98 yays, 0 nay, and 0 present, the bill is passed. Representative Evans. For what purpose? Let’s hear your motion. 

 

Re-referral of HB 1173 to Public Health Committee

 

Rep Evans: I move that House Bill 1173 be referred back to Education or excuse me, to Public Health Committee for amendment. 

 

Rep Shepherd: That’s proper motion. It is debatable. Representative Evans you’re recognized to explain your motion. 

 

Rep Evans: Thank you, Mr. Speaker. Members, I ran House Bill 1173 in Public Health yesterday. The bill came out without any dissenting vote. However, there were some questions that was posed during the time of testimony, and I just –after much consideration, I don’t think I gave very good, thorough answers on that. And I would like to, just out of respect to my colleagues that are on that committee, I would like to send that back and be able to spend a little bit of time over the next couple of days gathering up some additional information so that I’m giving them very thorough information before I ask them to vote on the House floor. Appreciate a good vote. 

 

Rep Shepherd: Representative Evans has explained the motion. Would anyone like to speak against the motion? Would anyone like to speak for the motion? Representative Evans is closed for the motion. The question before the House is the rereferral of House Bill 1173 to committee. All in favor say aye. Any opposed? Motion passes. Madam Clerk, send the bill back to Committee. Madam Clerk, please read House Bill 1178. 

 

HB 1178: Reduces training hours for community paramedics

 

Madam Clerk: House Bill 1178 by Representative Johnson. To reduce the hours of training required for licensure of a community paramedic. 

 

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

 

Rep L Johnson: Thank you, Mr. Speaker; colleagues. This bill changes the number of hours training for community paramedics. Community Paramedics is a certification we recognized some years ago. It provides additional training to a normal paramedic to allow them to go to people’s houses and do some case management work, some follow ups after discharge. And we’re utilizing them now and more in different way. So it also changes a little bit the experience criteria that they have of replacing an emergency department experience with social determinants of health. And this was negotiated between the AIM Association and also the Department of Health. And I think everybody’is on board with the plan. And if there’s anyone who has any questions, I’d be happy to try to answer them. Seeing none, I’m closed for my bill, Mr. Speaker, thank you. 

 

Rep Shepherd: Representative Johnson has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Johnson is closed for the bill. The question before the House is the passage of House Bill 1178. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 96 yays, 1 nay, and 0 present, the bill has passed. Madam Clerk, please read House Bill 1091. 

 

HB 1091: Requires GED be considered same as diploma for state employment

 

Madam Clerk: House Bill 1091 by Representative Dalby. To require that the passage of a GED test be treated the same as a receipt of a high school diploma. 

 

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

 

Rep Dalby: Thank you, Mr. Speaker; colleagues. House Bill 1091 is simply a definition bill. There is not a definition in law right now, and this is what this bill is cleaning up. It’s simply saying that for purposes of employment, that receiving a high school, earning a high school diploma through a nationally recognized course load and test should be treated as a high school diploma for employment purposes. That’s all this bill does. Be happy to answer any questions. 

 

Rep Shepherd: Representative Dalby has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Dalby is closed for the bill. The question before the House is passage of House Bill 1091. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 98 yays, 0 nay, and 0 present, the bill is passed. We’re about to move to the House budget calendar. Before we do, we do have one other guest with us today in the East Gallery. Dr. Matt Jones is here from Blytheville. He’s a guest of Representative Joey Carr. Representative Jean, you’re recognize to present the budget calendar. 

 

Re-referral of HB 1072 and HB 1079 to Joint Budget

 

Rep Jean : Thank you, Mr. Speaker. We’ve got 2 bills we need to refer back to Joint Budget. One is House Bill 1072, the State Bank Department. This is at their request. I think they’re waiting on a governor’s letter to make a change. So we need to refer this back to Joint Budget. 

 

Rep Shepherd: Representative Jean has explained the motion. Would anyone like to speak against the motion? Would anyone like to speak for the motion? Representative Jean is closed for the motion. The question for the House is the rereferral of House Bill 1072 back to Committee. All in favor say aye. Any opposed? The motion passes. Madam Clerk send the bill back to Committee. Representative Jean, you’re recognized. 

 

Rep Jean: Thank you, Mr. Speaker; colleagues. One more– House Bill 1079, the State Securities Department. They’ve asked this to be referred back to a Joint Budget for more work. Appreciate a good vote. 

 

Rep Shepherd: Representative Jean has explained the motion. Would anyone like to speak against the motion? Would anyone like to speak for the motion? Representative Jean is closed for the motion. The question before the House is the rereferral of House Bill 1079 back to Committee. All in favor, say, aye. Any opposed? Motion passes. Madam Clerk, send the bill back to Committee. Representative Jean, you’re recognized. 

 

Appropriation Bills: HB 1055, HB 1063, HB 1073, HB 1083, HB 1138

 

Rep Jean: Thank you, Mr. Speaker; colleagues. We have 5 appropriations. House Bill 1055 States Claims. That’s not the claims, that’s op budget for them. House Bill 1063, Department of Commerce the Arkansas Waterways Commission. House Bill 1073, the Department of Health and Human Services permitting. House Bill 1083, State Department for Social Security. This is the federal Social Security. This is all federal funds, no state funds. And House Bill 1138, the Department of Energy and Environment, the Oil and Gas Commission. Do I need to pull any of these five out of the batch? These have no general revenue increase. Matter of fact, only one got a small amount of general revenue, which would be the Arkansas Waterways, but it has a very small amount, but no increase in general revenue. Any questions? 

 

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

 

Rep Miller: I don’t know if it’s a question. Could we pull 1138 out of the batch, please? 

 

Rep Jean: 1138. We’ll do that. I’ll pull it out of the batch. Oil and Gas commission for a separate vote today. Okay. All right. The four in the batch will be House Bill 1055, House Bill 1063, House Bill 1073 and House Bill 1083. 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: House Bill 1055, House Bill 1063, House Bill 1073 and House Bill 1083. 

 

Rep Shepherd: Prepare the machine, Madam Clerk. You’re voting on the bills and the emergency clauses. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 98 yays, 0 nay, and 0 present. The bills and emergency clauses are passed. Representative Jean, you’re recognized.

 

Rep Jean: Thank you, Mr. Speaker. This is House Bill 1138, Oil and Gas Commission. Any questions? Your one vote is for the bill and the emergency clause. Mr.Speaker, have the clerk read the bill for a third time. 

 

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

 

Madam Clerk: House Bill 1138. 

 

Rep Shepherd: Prepare the machine. Has everyone voted? Has everyone voted? Voting on the bill and the emergency clause. Cast up the ballot, Madam Clerk. With 94 yays, 2 nays, and 2 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 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 11 a.m. tomorrow morning. 

 

Rep Shepherd: That’s a proper motion. It’s not debatable. All in favor, say aye. Any opposed? Motion passes. Any announcements? Representative Jean, you’re recognized. 

 

Rep Jean:  Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Jean: Joint Budget will meet tomorrow morning in Big Mac A 9 a.m. and it’ll be Members Day. If you have a bill that you got in by noon today, we will hear it tomorrow. 

 

Rep Shepherd: Representative Stan Berry. For what purpose? 

 

Rep Berry: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Berry: Judiciary will meet in the morning in room 149 at 10 a.m. 

 

Rep Shepherd: Representative Wardlaw, for what purpose? 

 

Rep Wardlaw: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Wardlaw: Sportsman caucus tonight at 6 at the Association of Counties building. Please come and eat all the fish you can eat. 

 

Rep Shepherd: Representative Holcomb for what purpose? 

 

Rep Holcomb: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Holcomb: Public Transportation meeting that was scheduled for tomorrow has been canceled. 

 

Rep Shepherd: Representative Warren for what purpose? 

 

Rep Warren: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Warren: Thank you. Apparently, many of you have heard about the deadline for retirement bills on Friday. Just one last reminder. 

 

Rep Shepherd: Representative Wing for what purpose? 

 

Rep Wing: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Wayne: House Management meets right now in room 138; House Management 138. 

 

Rep Shepherd: Representative Hawk, for what purpose? 

 

Rep Hawk: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Hawk: A lot of people have asked about paying for their basketball jerseys. You can now do that with Amber back in the back. I’m not holding on to any cash. If you want the Venmo or the PayPal accounts, email me and I’ll send you the link. You’ve got until Monday if you want a shirt. Even if you’re not playing, you can get a shirt if you want one. You got till Monday to sign up with Amber and Izzy, in the back. 

 

Rep Shepherd: Representative Johnson, for what purpose? 

 

Rep Johnson: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep L Johnson: Public Health will meet at 10 a.m. tomorrow in 130. Thank you. 

 

Rep Shepherd: Representative Evans, for what purpose? 

 

Rep Evans: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Evans: House of Education will meet tomorrow morning immediately upon adjournment of House Budget in room 138. 

 

Rep Shepherd: Representative Eaves, for what purpose? 

 

Rep Eaves: Announcement. 

 

Rep Shepherd: You’re recognized. 

 

Rep Eaves: Revenue and Tax will meet tomorrow morning at 10 a.m. Room 151. 

 

Rep Shepherd: Any other announcements? Hearing none, 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 11 a.m. tomorrow.