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House Meeting
January 31, 2023
Rep Shepherd: I invite the members, staff, press, and guests in the galleries to stand and be led in prayer by Representative Milton Nicks, and remain standing for the pledge of allegiance to be led by Representative Lane Jean.
[Prayer]
[Pledge of Allegiance]
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 95 members present, the Chair sees a quorum. Are there any requests for leave? Representative Fortner, for what purpose?
Rep Fortner: Leave.
Rep Shepherd: You’re recognized.
Rep Fortner: Leave for Representative Ferguson and Whitaker.
Rep Shepherd: Is leave granted for Representative Deborah Ferguson? So noted. Is leave granted for Representative Whitaker? So noted. Representative Richmond, for what purpose? You’re recognized.
Rep Richmond: Request leave for Representative Holcomb.
Rep Shepherd: Is leave granted for Representative Holcomb? So noted. Representative Carr, for what purpose? You’re recognized.
Rep Carr: For Representative Wooten.
Rep Shepherd: Is leave granted for Representative Wooten? So noted.
Rep Carr: Thank you, Mr. Chair.
Rep Shepherd: Madam Clerk, please read– actually we’re going to pass over House Resolution 1004. Madam Clerk, please read Senate Concurrent Resolution 2.
Madam Clerk: Senate Concurrent Resolution by House Management. Providing that the Senate and the Representatives of the General Assembly may recess on March 16th, 2023, and reconvene on March 27th, 2023.
Rep Eubanks: Speaker Shepherd, you’re recognized to present your resolution.
Rep Shepherd: Thank you, Mr. Chairman. Members, you have before you today, Senate Concurrent Resolution 2. This is sponsored by Senator Hester. Senator Hester had reached out to me several weeks ago asking about the possibility of the House and the Senate taking off all of what is spring break across all of our public schools here in Arkansas.
As those that have been here will recall over the last two regular sessions we limited our business that week to really the first two days of the week, we had an abbreviated week. And so that meant that we would work really hard the week before and then it would also allow us time to come back the following week and so this has passed out of the Senate, and I bring it to you today. I told him I would run it here on the House end.
This is my perspective on it as to, I know there’s always concern about taking days off and obviously, we’re working today, and we try to be here and work. What I would say about taking off the week of spring break is it does allow a number of members and staff and others to be able to spend some time with their family but also allows all of us to be back in our districts where we can meet with constituents. And what I’ve also found is that usually about the time spring break rolls around is also about the time everybody’s kind of sick of each other. And it doesn’t hurt to have a little bit of time to go home, catch our breath and come back.
And one of the added benefits as well is I think it would also assist in allowing the Bureau as we head towards the end of session, gives them the opportunity to maybe be able to catch up on amendments and other things that need to happen before we wrap up session. I would say if this passes then again what I would anticipate is the week before spring break we would work really hard to try to get as much done as we can, kind of clear our calendars as best we can. And then, obviously, come back ready to work following spring break. Be glad to answer any questions. I’d appreciate a good vote.
Rep Eubanks: Speaker Shepherd has presented the resolution. Would anyone like to speak against the resolution? For the resolution? Speaker Shepherd has closed for the resolution. The question before the House is the passage of SCR2. All in favor say aye. Opposed nay. [laughter] The resolution is adopted.
Rep Shepherd: Members, we’re going to back up for just a moment. Are there any reports from select committees? Read the reports from the committees, Madam Clerk.
Madam Clerk: Mr. Speaker, we, your Committee on Public Health, Welfare, and Labor, to whom was referred House Bill 1127, beg leave report that we have had under the same consideration, and herewith return from the same with the recommendation that it do pass as Amended #1. Respectfully submitted, Representative, Lee Johnson, Chair.
Mr. Speaker, we, your Committee on Public, Health and Welfare and Labor, to whom was referred House Bill 1108, House Bill 1250, House Bill 1251, Senate Bill 58, beg leave report that we have had under consideration, and herewith return the same recommendation that it do pass.
Mr. Speaker, we, your Committee on Judiciary, to whom was referred House Bill 1004, House Bill 1245, beg leave to report that we have under the same consideration, and herewith return with the same recommendation that it do pass.
Mr. Speaker, we, your Committee on Education, to whom was referred House Bill 1156, House Bill 1157, House Bill 1238, beg leave report that we have the same under consideration and herewith return with the same with the recommendation that it do pass. Respectfully submitted, Representative Evans, Chair.
Rep Shepherd: Members, Representative Jeffrey Wardlaw moves we dispense with the reading of the previous day’s journal. Without objection so ordered. Is there any unfinished business? Are there any executive communications? All right, the morning hour has ended. Madam Clerk, please read House Bill 1082.
Madam Clerk: House Bill 1082 by Representative Pilkington, to establish the Occupational Therapy Licensure Compact in Arkansas.
Rep Shepherd: Representative Pilkington, you’re recognized to explain your bill.
Rep Pilkington: Thank you, Mr. Speaker. Today I bring to you the OT compact legislation that we passed out of the Public Health Committee. I know it’s been on the calendar for a while, and I appreciate y’all being patient with me. Real quick, just pretty simple, this has been passed in 22 states with 6 more states pending. The idea behind the OT compact is that we’re opening it up, making it allowed for occupational therapists to come in and work in states. It enhances mobility, supports relocation for spouses who hold OT licenses, improves continuity of care, and also allows for the practice of telemedicine in various states.
Just to make sure that I address any concerns, this is not a takeover of state regulatory authority. This is not a takeover of state licensing systems either. You get an Arkansas license, you’re licensed in the state of Arkansas. If you want to get a compact, which is in addition to this, then you can become a compact licensed member and operate in the other 22 states. So if you don’t want to be part of the compact, you don’t have to be part of the compact. It doesn’t take away anything. Doesn’t get rid of state sovereignty or anything like that. So with that, I ask for a good vote. Thank you.
Rep Shepherd: Representative Wardlaw, Representative Pilkington has left the well. Representative Pilkington has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Wardlaw, you can speak against the bill. Representative Wardlaw, you’re recognized to speak against the bill.
Rep Wardlaw: Thank you, Mr. Speaker. I don’t like speaking against bills but if you read on page 13, I can’t remember the line off the top of my head but it talks about rulemaking authority and it talks about prosecuting ability. If you go to page 17, it lines out the rulemaking process and it doesn’t follow the same rulemaking process as the State of Arkansas.
It also lays out that the only way we can disagree with any rule, as the State of Arkansas, is a vote of the legislature when we’re in session. Any other agency or any other government body when they set forth and have rulemaking authority, they come to council on a monthly basis. And we can overrule those rules if they don’t follow constitutionality or state law or federal law. So this does give away a good bit of power in the State of Arkansas to oversee folks that are doing business in the State of Arkansas. So that is a big concern of mine.
There’s another bill in Public Health that had the same language in it and it was pulled down. I have no problem with where we’re going with this. I have no problem with occupation therapists getting compact licensed, I just have a problem with not being able to oversee the rulemaking ability. And the prosecuting part I have no idea why they need that. I have no idea why that’s in there. That also is very concerning. So with that, I’d regretfully ask you to vote no on the bill.
Rep Shepherd: Representative Wardlaw has spoken against the bill. Would anyone like to speak for the bill? Would anyone like to speak against? Representative Haak, you’re recognized to speak for the bill.
Rep Haak: Thank you, Mr. Speaker. It’s nice to hear when legislators are seeking to solve problems that Arkansans have by providing services qualified on a national standard basis that others can practice here in Arkansas, and others can practice with their licenses moving to other states as well. I support the bill, and I encourage everyone here to educate themselves on any information that might have been given that is not accurate about the wording on national compacts. Thank you.
Rep Shepherd: Representative Haak has spoken for the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Pilkington, you’re recognized to close for the bill.
Rep Pilkington: Thank you, Mr. Speaker. Representative Wardlaw addressed those issues with me yesterday. I went to BLR and discussed it with the bill drafter, those concerns. And like I said, you have an Arkansas license. This is a compact that works on top of it. The idea and the rules that he’s referencing to on, I believe it’s page 12, essentially only deals with the compact itself. And so obviously, the compact has the ability to govern itself, to make rules about itself. We are a participating member that get a vote along with every other compact state.
So there’s no– I’m not seeing – and the bill drafter who I discussed this with in BLR said the same – where they could come in and affect the Arkansas OT license you possess. So if you’re an Arkansan and you’re going to live in Arkansas the rest of your life, and you never want to practice OT anywhere else, get an Arkansas OT license like you currently have. But if you live in the border, in Washington County, Benton County, some other county, and you find that you maybe want to open up another site in another state and practice OT over there, you might consider getting the compact. And yes, it is a little more rules and regs on you but no one is forcing you to join that compact.
Listen, there are 22 other states that are participating in this. I really highly doubt it that some of these states have given away their state sovereignty over OT. So with that, I ask for a good vote and appreciate the ability to bring this bill forward to you today. Thank you.
Rep Shepherd: Representative Pilkington has closed for the bill. The question before the House is the passage of House Bill 1082. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 71 yeas, 7 nays, and 12 present, the bill is passed. Madam Clerk, please read House Bill 1026.
Madam Clerk: House Bill 1026 by Representative Ray. To prohibit local governments from enacting an income tax.
Rep Shepherd: Representative Ray, you’re recognized to explain the bill.
Rep Ray: Thank you, Mr. Speaker. Colleagues, this is a pretty simple bill. It would prohibit local governments from imposing a tax on income in the State of Arkansas. Currently, there are no local governments, cities, counties, or otherwise, that impose a local income tax but across the country, there are literally thousands of jurisdictions that do. 4,964 of them to be exact. If you have never lived in one of these places, it may seem a little odd but several states, 17 of them, mostly in the Rust Belt, and in the Northeast, do have local income taxes. Iowa, for example, has 280 jurisdictions that levy one. Kentucky has 210. Ohio has 848 such jurisdictions.
As far as taxes go, I think most folks in this room would agree that income taxes are some of the most economically damaging of all taxes. They disincentivize work and labor and productivity, all things that we want more of in society, not less of. And there’s lots of reasons to oppose a local income tax but one of the primary ones I think for our purposes is, it’s been the policy of this body for the last 8 years to consistently, year after year, lower the income tax burden of Arkansans. And with the direction that we are heading in the future of hopefully phasing out our state income tax, the last thing that we need is to come back in on the local end and backfill that very same tax burden. And with that, 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 1026. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 79 yeas, 10 nays, and 1 present, the bill has passed. Members, we’re going to pass over House Bill 1042. Madam Clerk, please read House Bill 1110.
Madam Clerk: House Bill 1110 by Representative Warren. To eliminate obsolete mapping requirements for the premium tax revenues to be distributed to a city, town, or fire protection district for the purpose of funding local police and fire relief and pension funds.
Rep Shepherd: Representative Warren, you’re recognized to explain the bill.
Rep Warren: Thank you, Mr. Speaker. Colleagues, House Bill 1110 is a fire and police pension review board bill, technical change bill. The changes remove obsolete mapping requirements for premium tax distribution, as mapping information is no longer required as part of the process. We used to use a mapping requirement that required UALR to do the work. That contract runs out in June of this year. The process has been changed, it’s just a straight percentage being used now for the formula. So we’ll be saving money by not requiring the services of UALR for the calculation. So I’m just asking that we update the language here and remove the mapping requirement. I’d appreciate a good vote.
Rep Shepherd: Representative Warren has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Warren is closed for the bill. The question before the House is the passage of House Bill 1110. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 91 yeas, zero nay, and zero present, the bill is passed. Madam Clerk, please read House Bill 1111.
Madam Clerk: House Bill 1111. To amend the age in which members of certain plans under the Arkansas Local Police and Fire Retirement System and Local Police and Fire Pension and Relief Funds begin to receive fund distributions.
Rep Shepherd: Representative Warren, you’re recognized to explain the bill.
Rep Warren: Thank you, Mr. Speaker. And colleagues, this bill is also a technical change bill for both LOPFI and the Pension Review Board. The changes amend the maximum age for distribution as allowed by federal law. Basically, what we’re doing is matching the federal law with the state law. Basically, it’s going to allow people to defer taking retirement to basically anywhere from age 73 to 75. So we’re just matching federal law. I’d appreciate a good vote.
Rep Shepherd: Representative Warren has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Warren is closed for the bill. The question before the House is the passage of House Bill 1111. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 91 yeas, zero nay and zero present, the bill is 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 desks, members amending their own bills, their own amendments, members withdrawing their own bills, finalizing resolutions, reading communications and any remaining reports, I move we adjourn until 1:30 tomorrow afternoon, contingent upon the call of the Chair.
Rep Shepherd: That’s a proper motion. It’s not debatable. All in favor say aye. Any opposed? Motion passes. Members, before we move to announcements, for the time being, we’re planning on a normal schedule tomorrow but we’ll monitor what happens overnight and what the roads look like in the morning. As you head home if you have travel issues or other issues that come up, feel free to reach out to us, to myself, or Roy if you need further assistance. Are there any announcements? Representative Fortner, for what purpose? You’re recognized.
Rep Fortner: Ag will meet at 10 o’clock tomorrow morning.
Rep Shepherd: Representative Lanny Fite, for what purpose?
Rep L Fite: Announcement.
Rep Shepherd: You’re recognized.
Rep L Fite: City, County, Local will meet in Mac A tomorrow at 10 AM.
Rep Shepherd: Representative Mayberry, for what purpose?
Rep Mayberry: Announcement.
Rep Shepherd: You’re recognized.
Rep Mayberry: Aging, Children and Youth, and Military Affairs will meet at 10 AM.
Rep Shepherd: Representative Wing, for what purpose?
Rep Wing: Announcement.
Rep Shepherd: You’re recognized.
Rep Wing: Members just be looking for an email regarding offices and any potential switches that will explain everything but be looking for that email and then we’ll follow up tomorrow.
Rep Shepherd: Representative Tosh, for what purpose?
Rep Tosh: Announcement.
Rep Shepherd: You’re recognized.
Rep Tosh: State Agencies will meet at 10 AM in the morning, room 151.
Rep Shepherd: Representative Vaught, for what purpose?
Rep Vaught: Two announcements.
Rep Shepherd: You’re recognized.
Rep Vaught: Prayer caucus will not meet in the morning due to the weather. So we just won’t be having prayer caucus. And Rules will meet tomorrow at noon.
Rep Shepherd: Representative Maddox, for what purpose?
Rep Maddox: Announcement.
Rep Shepherd: You’re recognized.
Rep Maddox: Insurance and Commerce will meet tomorrow at 10 AM.
Rep Shepherd: Members, one other announcement, approximately 15 minutes after we adjourn we will let most, if not all, the House staff go home. Obviously, you still have access with your key cards but just want you to be aware of that in case there was anything that you need to get with staff with this afternoon, all right? Any other announcements?
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 tomorrow or the call of the Chair.