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House of Representatives
Feb. 2, 2023
Rep Shepherd: I’d like the members, staff, press, and guests in the galleries to stand and be led in pray by Representative Jack Fortner 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 the 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 Kenneth Ferguson, for what purpose?
Rep K Ferguson: Leave.
Rep Shepherd: You are recognized.
Rep K Ferguson: Leave for Representative David Whitaker.
Rep Shepherd: Is leave granted or Representative David Whitaker? So noted. Representative Burkes for what purpose? You are recognized.
Rep Burkes: Leave for Representative Lundstrum.
Rep Shepherd: Is leave granted for Representative Lundstrum? So noted and let the journal reflect there are 97 members present. Representative Jeffrey Wardlaw moves we dispense with the reading of the previous day’s journal. Without objections, 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 1144, beg leave report the same into consideration with here returned with recommendation that it do pass. Respectfully submitted by Representative Berry, Vice Chair.
Mr. Speaker, we your Committee on Judiciary to whom was referred Senate Bill 48 beg leave report that the same under consideration here to determine the same recommendation that it do pass. Respectfully submitted, Representative Dalby, Chair.
Mr. Speaker, we your Committee on Education to whom was referred Senate Bill 68 beg leave report that we have the same consideration here at the time with recommendation that it do pass. Respectfully submitted, Representative Evans, Chair.
Mr. Speaker, we your Committee on Public Health, Welfare, Labor, committee to whom was referred House Bill 1009, House Bill 1155, Senate Bill 74, Senate Bill 93, beg leave report that we have under same consideration here at the term with the same recommendation that it do pass. Respectfully submitted, Representative Johnson, Chair.
Mr. Speaker, we your Committee on Public Transportation to whom was referred House Bill 1171, House Bill 1321, House Bill 1324, and Senate Bill 47, beg leave report that we have under same consideration here at the term with recommendation that it do pass. Respectfully submitted, Representative Holcomb, Chair.
Rep Shepherd: Is there any unfinished business? Is there any executive communications? Members, we do have a couple of guests with us. In the North Gallery, we have Tiffany and Bonnie Gramlich, the wife and daughter of Representative Gramlich, who have graciously loaned us Representative Gramlich for the duration of our term. Madam Clerk, please read Senate and concurrent resolution 1.
Madam Clerk: Senate concurrent resolution, #1. To adopt the joint rules of the House of Representatives in the Senate of the 94th General Assembly.
Rep Shepherd: Representative Vaught, you are recognized to explain the resolution.
Rep Vaught: Thank you Mr. Speaker. So, this will do 4 things. It will set a deadline for the lottery scholarships, the legislation for those scholarships, and it will change the procedure for lottery scholarships. It will restrict committee meetings from being taking place during council week except for the council committees, and it changes the pronouns of the governor for He and She. So with that, I would appreciate a good vote.
Rep Shepherd: Representative Vaught has explained the resolution. Would anyone like to speak against the resolution? Would anyone like to speak for the resolution? Representative Vaught has closed for the resolution. The question before the House is the adoption of Senate or passage of concurrent resolution one. All in favor say aye? Any opposed? Resolution is passed. Let the record reflect that the resolution received more than 51 votes. Morning hour has ended. Madam Clerk please read House Bill 1127.
Madam Clerk: House Bill 1127 by Representative Johnson. To create the Rural Emergency Hospital Act. To authorize the licensure of rural emergency hospitals by the Department of Health and to declare an emergency.
Rep Shepherd: Representative Johnson you are recognized to explain the bill.
Rep L Johnson: Thank you Mr. Speaker and members. I think that all of us know that our rural hospitals are struggling right now. They are struggling to financially stay afloat, and some of them are at the risk of closure. This is all across the country and it’s not a problem unique to Arkansas. The federal government recognized that back in 2020 and they created a new hospital designation called the Rural Emergency Hospital Designation. This designation is intended to be a life line to our struggling rural hospitals. So currently the only designation available to these hospitals in a rural area is that we get enhanced payment from Medicare, it’s critical access hospitals. So this allows a new designation for critical access hospitals to convert to what the federal government has deemed a rural emergency hospital. This allows them to shift the emphasis of enhanced payment from inpatient care to outpatient care. So when you look at how we deliver care in rural hospitals now. Because of the advances we have seen in medical care, more and more we are needing to transfer patients from our rural facilities to urban facilities. This is no slight on our rural facilities. It’s just the fact is how we deliver care has become more complicated and more often requires specialized treatment from specialists that just don’t’ live or practice in our rural communities. So, our rural hospitals have shifted more from inpatient care to outpatient care over the last 25 years. This recognizes that fact and will provide 105% reimbursement for outpatient services which would be emergency services, and for patients that are kept for less than 48 hours for observation. This is an enhancement that currently these hospitals can’t get. By applying for this new status, they could achieve this new enhancement, but this won’t be for every hospital. There are some hospitals that are going to look at the math of this and decide that continuing to provide inpatient services and be a critical access hospital is the right move for them. There will be some hospitals that look at this and look at their average daily census for inpatient care and say hey for us it’s make more sense to convert to this rural emergency hospital designation. So, there is no requirement for any hospital to do this. All the legislation is doing presently is enabling legislation. So this legislation that will create this licensure which currently does not exist in Arkansas to align with the federal licensure status. Again, this is an opportunity for the hospitals that want to try to apply for this new designation. This creates that pathway. A question came up in committee that I said I would address in the well. There is a date limit on this, so this is for existing hospitals that were in existence as of December 27, 2020. The reason they tried to put this date in, there was some concern that if they allowed new hospitals to come into these communities, that there might be a chance for them to take advantage of this new designation and through this process maybe put undue pressure on our existing rural hospitals. So just to be clear, this is only for existing hospitals and not for new hospitals that may create new licensures in the future. Again, this is a federal stipulation and there is really not anything at a state level we can do to change that, but that question did come up in committee and I did want to try to address that from the well. I would be happy to answer any other questions if any members have any questions about this bill. It is a really good opportunity to help out our rural hospitals and I would appreciate a good vote. Thank you.
Rep C Fite: Representative Johnson has explained the bill. Would anyone like to speak for the bill? Against the bill? Representative Johnson would you like to close for your bill? Representative Johnson is closed for the bill. The question before the House is passage of House Bill 1127. Prepare the machine, Madam Clerk. You are voting on the bill and the emergency clause. Has everybody voted?
Cast up the ballot, Madam Clerk. With a vote of 95 yea, one nay, and zero present the bill has passed and the emergency clause. Madam Clerk, read House Bill 1198 for Representative Gramlich.
Madam Clerk: House Bill 98 by Representative Gramlich. To amend the law concerning early voting on county holidays.
Rep C Fite: Representative Gramlich you are recognized to present your bill.
Rep Gramlich: Thank you. First off, I have taught 8th graders for 7 years and you can’t hurt me. Alright House Bill 1198 is a very simple bill. It was brought to me by Association of Counties, and there is no opposition. Essentially what it does is it takes out the ability for a polling place to close on a county holiday. What this will do is it will allow uniform voting across the entire state and makes it easier for someone who lives on this side of the county but works on this side of the county, and decides they need to go back, and it just makes uniform voting across the state so it will be easier for everyone. Again, Association of Counties came to me and no known opposition. I never even heard of a county holiday, but apparently a county judge can call for one but that’s all I know. I will take a question if you got one? Thank you.
Rep C Fite: Representative Gramlich has explained the bill. Would anyone like to speak for the bill? Against the bill? Representative Gramlich has indicated he has closed for the bill. Madam Clerk. The question before the House is the passage of House Bill 1198. Madam Clerk, please prepare the machine. Has everyone voted? With a vote of 95 yea–would you repeat that please? Zero nay, zero present. The bill has passed. Madam Clerk please read House Bill 1267 by Representative Mayberry.
Madam Clerk: House Bill 1267 by Representative Mayberry. To require a specific number of hours of dementia training for home caregivers.
Rep C Fite: Representative Mayberry, you are recognized to present your bill.
Rep Mayberry: Thank you, Madam Chair. This bill here today came from a working group. Thanks to this body legislators last session passed a bill that created an advisory council, The Alzheimer’s Disease and Dementia Advisory Council, a group of people from different organizations and governmental agencies. We have been working on some ideas to help those who have alzheimer’s disease and dementia and of course their family and their caregivers. This is one of those ideas that came out, and you will eventually hear more ideas. One is to make sure that in the current 40 hours that is already required for in-home caregivers, that we use 4 of those hours specifically on alzheimer’s disease and dementia as well as understanding the difference between the two and just what someone needs to know in those special situations. This is a great bill and it’s going to help out many families in the state. I would be happy to take any questions.
Rep C Fite: Representative Brown, for what purpose?
Rep Brown: Question.
Rep C Fite: You are recognized.
Rep Brown: Representative Mayberry, I think this sounds wonderful but could you tell me is this available to all families or certain families?
Rep Mayberry: Actually it’s for the in home caregiver that is going to be providing the care, so it’s not for the family member.
Rep Brown: Follow up?
Rep C Fite: You are recognized for your follow-up.
Rep Brown: Thank you. What I’m saying is this a Medicaid benefit or is this available to all in-home caregivers.
Rep Mayberry: It is to the provider so it’s not, if you’re a caregiver as in the child of that person with Alzheimer’s disease, that’s not what this is. This is the one who is paid to come into the home to provide care through Medicaid or Medicare or whatever services might be providing that. The professional that is coming into the home has to have 40 hours of training four of those hours, now specifically are Alzheimer’s disease and dementia.
Rep Brown: Thank you for that clarification.
Rep Mayberry: Sure.
Rep C Fite: Representative Richmond for what purpose?
Rep Richmond: Question.
Rep C Fite: You are recognized.
Rep Richmond: Representative Mayberry, is this going to have additional costs associated with the training of these homecare?
Rep Mayberry: No. They are already required to do this 40 hours of training. It’s already in there, we just are making sure that there is a section that deals specifically with alzheimer’s disease and dementia because you might handle that person is a little bit differently than how you might handle someone who does not.
Rep Richmond: Thank you.
Rep Mayberry: No extra costs.
Rep C Fite: Representative Holcomb for what purpose?
Rep Holcomb: Question.
Rep C Fite: You are recognized.
Rep Holcomb: Representative Mayberry, I know we have both deal with this same situation. And in my mother’s case, will we still be able to hire people, someone we know in the family or in the community to come in and assist us with that care, just to watch them without going through this training, that would still be available to us?
Rep Mayberry: This bill does not affect that. Not at all.
Rep Holcomb: Thank you.
Rep Mayberry: I would appreciate a good vote. Thank you. I will also say that DHS and the Department of Health have looked at this bill. We gave it to them a few months ago. No problems and happy with the bill. I would appreciate a good vote. Thank you.
Rep C Fite: Representative Mayberry has explained the bill. Would anyone like to speak for the bill? Against the bill? Representative Mayberry are you closed for your bill? Representative Mayberry has closed for the bill. The question before the House is the passage of House Bill 1267. Madam Clerk, please prepare the voting machine.
Has everyone voted? Cast up the ballot Madam Clerk. With a vote of 95 yea’s and zero nay’s and zero present, the bill has passed. Madam Clerk, please read House Bill 1265 by Representative Dalby.
Madam Clerk: House Bill 1265 by Representative Dalby. To amend the real estate license laws and modify the definition of licensee under the Real Estate License Law and to allow a broker or salesman to do business as a professional limited liability company.
Rep C Fite: Representative Dalby, you are recognized to present your bill.
Rep Dalby: Thank you Madam Chair, members. House Bill 1265 is to simply clarify the law that a licensee under the Real Estate License Law may do business as a professional limited liability company. I would appreciate a good vote.
Rep C Fite: Representative Dalby has explained the bill. Would anyone like to speak for the bill? Against the bill? Representative Dalby has indicated that she is closed for the bill. Madam Clerk, please prepare the machine. The question before the House is the passage of House Bill 1265. Has everyone voted? Cast up the ballot, Madam Clerk. With a vote of 95 yea, zero nay, and zero present, the bill has passed. Madam Clerk, please read House Bill 1258 by Representative Lundstrum–oh excuse me, we are going to pass over that today. Madam Clerk please read House Bill 1175 by Representative Underwood.
Madam Clerk: House Bill 1175 by Representative Underwood. To amend the laws to create consistency among statutes concerning the establishment and duties of the Municipal Police Departments and Municipal Fire Departments.
Rep C Fite: Representative Underwood, you are recognized to present the Bill.
Rep Underwood: Thank you, this bill is brought to me by the Municipal League. On the last session we passed the bill that just inadvertently removed some language about who are the policy makers for Police Departments and so just wanted to clarify that. They also discovered that there was some inconsistencies between the policy makers for Police Departments and Fire Departments, so this bill is just clarifying that as well and obviously their support of the bill. I am happy to take questions if there are any. I see none. I would appreciate a good vote. Thank you.
Rep C Fite: Representative Underwood has explained the bill. Would anyone like to speak for the bill or against the bill? Representative Underwood has indicated he has closed for the bill. The question before the House is the passage of House Bill 1175. Madam Clerk, please prepare the machine.
Has everyone voted? Madam Clerk, please cast up the ballot. With a vote of 96 yea, zero nay, zero present, the bill has passed. We are going to back up to House Bill 1258. Representative Burkes, you are recognized to present the bill. Madam Clerk, please read House Bill 1258.
Madam Clerk: House Bill 1258 by Rep Burkes. To amend the prohibition on the sale or use of sky lanterns and to authorize cities to issue permits for the use of sky lantern.
Rep C Fite: Representative Burkes, you are recognized.
Rep Burkes: Thank you Madam Chair, colleagues, and friends. I am presenting this bill for Representative Lundstrum today. You may or may not realize that 10+ years ago we outlawed the use of sky lanterns in Arkansas. Those are the lanterns that you often see at weddings or funerals to symbolize a soul being cast up or at a wedding for a celebration. In the last 10+ years, those sky lanterns have evolved greatly in their design and this bill is to amend the prohibition of the sale or use of sky lanterns and to authorize cities to issue permits for use of sky lanterns. So the cities will still have the responsibility of issuing a permit in the event of a event to be held in the public. With that, I ask for a good vote.
Rep Shepherd: Representative Burkes has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Burkes is closed for the bill. The question before the House is the passage of House Bill 1258. Prepare the machine Madam Clerk. Has everyone voted? Cast up the ballot, Madam Clerk. With 92 yeas, zero nays, and two present the bill is passed. Madam Clerk, please read House Bill 1318.
Madam Clerk: House Bill 1318 by Representative Cavenaugh. Concerning the allowance basis for bids for certain municipal purchases and contracts.
Rep Shepherd: Representative Cavenaugh, you are recognized to explain the bill.
Rep Cavenaugh: Thank you Mr. Speaker. This is a simple bill that is going to allow to municipalities and their utilities to be able to look at the life costs associated with doing projects or bids. Currently now, most cities will just look at the initial costs when the doing the bid. This will allow them to be able to look at the lifetime costs. The actual language is similar to what it already exists for state agencies because they can already do this. So this is just putting municipalities on the par with state agencies, and with that I would 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 has closed for the bill. The question before the House is the passage of House Bill 1318. Prepare the machine Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, Madam Clerk. With 95 yeas, zero nays, and zero present, the bill is passed. Madam Clerk, please read House Bill 1177.
Madam Clerk: House Bill 1177 by Representative Johnson. To amend the law regarding alcoholic beverages to clarify the law on private club advertising.
Rep Shepherd: Representative Johnson, you are recognized to explain the bill.
Rep L Johnson: Thank you Mr. Speaker. Members, I know alcohol bills are sometimes sensitive issues, and I want to be real clear on what this does. Currently, in dry counties we have a process for private clubs to license to sell alcohol. It is clear in statute that they are not allowed to advertise that they sell alcohol and I totally support that. There has been some confusion though over how we define advertising. In the statute it says not use media, but there has been sometimes interpretations where just seeing someone drinking an alcoholic beverage through the window has maybe been interpreted as advertising. So, for me just visualizing someone where it is absolutely legal to consume, that doesn’t rise to the level of advertising, this statute just clarifies that and says this is not advertising. It doesn’t create any new alcohol sales and it certainly doesn’t enhance the advertising opportunities and I would be happy to try and answer any questions if anybody has any. Seeing no questions.
Rep Shepherd: Representative Moore, for what purpose?
Rep Moore: Question.
Rep Shepherd: You are recognized.
Rep Moore: Thank you, Mr. Speaker. Does this include people drinking or eating food on the patios or outdoor spaces.
Rep L Johnson: That is a great question. So, we do have an entertainment district law that we passed some years ago and last session it was clarified that people in dry counties can apply to have an entertainment district. So, if they are outside of the restaurant and they have a designated entertainment district, as permitted by the local government. So, that process for obtaining in the entertainment district in a dry county, has to go through the local government. If they are in the entertainment district, they can consume on a patio, and if they are not in the entertainment district, they cannot. This would not enable them to consume outside of the restaurant, but it would just say that if you are seen drinking a beverage through the window, that’s not advertising.
Rep Shepherd: Representative Hawk, for what purpose?
Rep Hawk: Question.
Rep Shepherd: You are recognized.
Rep Hawk: So what we are saying with this bill is that because it was a private establishment, we can’t advertise a happy hour or anything to promote business.
Rep L Johnson: So, that’s already in statute. So already in statute, it’s very clear that you can’t put up neon signs and put up some sort of advertisement for happy hour, and you can’t advertise pricing. This is not changing that, and that’s still in statute. But this is just saying clearly that just seeing someone through a window is not advertising. There have been some restaurants that have had to go in and tint their windows to try and make sure that they weren’t interpreted as advertising just when someone sees someone sitting at a table inside the restaurant drinking a beverage. Any other questions? Seeing none, I appreciate a good vote. 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 1177. Prepare the machine, Madam Clerk. Has everyone voted? Cast up the ballot, Madam Clerk. With 75 yeas, six nays, and nine present, the bill is passed. Representative Meeks for what purpose?
Rep Meeks: Motion please.
Rep Shepherd: Lets 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, members withdrawing their own bills, finalizing resolutions, reading communications, and any remaining committee reports, I move we adjourn until 1:30 on Monday afternoon.
Rep Shepherd: That’s a proper motion. It is not debatable. All in favor say aye. Any opposed? Motion passes. Are there any announcements? Representative Ray for what purpose?
Rep Ray: Announcement.
Rep Shepherd: You are recognized.
Rep Ray: Colleagues, I just want to remind everybody that tomorrow, February 3rd, is wear red day and in all of your boxes you should have a go red for women lapel pin to commemorate that day. And just a reminder that it’s raising awareness for cardiovascular disease which is the number one killer of women. Be sure and wear red tomorrow even though we’re not here right?
Rep Shepherd: Representative Fortner for what purpose?
Rep Fortner: Announcement.
Rep Shepherd: You are recognized.
Rep Fortner: Immediately following a recess in Big Mac A, Ag is going to meet and I would invite any of the body that wants to come. The folks from the Louisiana school of veterinary science are here to make a presentation to us and I would appreciate your support.
Rep Shepherd: Representative Warren for what purpose?
Rep Warren: Announcement.
Rep Shepherd: You are recognized.
Rep Warren: Retirement committee will meet Monday morning at 8:30 in Mac A. Come ready for picture first. Thank you.
Rep Shepherd: Representative Wing, for what purpose?
Rep Wing: Announcement.
Rep Shepherd: You are recognized.
Rep Wing: I just wanted to make House Management Committee members aware we are going to have a meeting upon adjournment on Monday, so get that on your calendar. Any resolutions that are filed today would also be on that agenda.
Rep Shepherd: Any other announcements? If not, the desk will remain open as needed for the reading of the bills. Upon completion of the items named in the adjourned resolution, the House will adjourn until 1:30 p.m. Monday.