House of Representatives
January 23, 2025
Speaker Brian Evans [00:00:05] I invite the members, staff, press and guests in the galleries to stand and be led in prayer by Pastor Shiloh Gover,Family Ministries, Faith Baptist Church in Cabot, and remain standing for the Pledge of Allegiance to be led today by Representative David Whitaker. [Prayer and Pledge] Members, please indicate your presence by pushing your yellow present button. Prepare the machine, Madam Clerk. Has everyone recorded their presence? Cast up the ballot, madam clerk. With 98 members present, the Chair sees a quorum. Are there any requests for leave? Representative Whitaker, for what purpose?
Representative David Whitaker [00:03:14] Leave.
Speaker Brian Evans [00:03:16] I'll hear your leave.
Representative David Whitaker [00:03:16] Request leave for Representative Lane Jean.
Speaker Brian Evans [00:03:19] Is leave granted for Representative Lane Jean? Representative Marcus Richmond, you're recognized.
Representative Marcus Richmond [00:03:29] Request leave for Representative Holcomb.
Speaker Brian Evans [00:03:32] Is leave granted for Representative Holcomb? So ordered. Representative Matthew Shepherd moves that we dispense with the reading of the previous day's journal. No objection, so ordered. Madam Clerk, are there any reports from select committees?
Secretary [00:03:54] [House Management, HR 1004, HR 1006, HR 1008, HR 1009 Do pass]
Speaker Brian Evans [00:04:28] Thank you, Madam Clerk. Are there any reports from standing committees? You're recognized.
Secretary [00:04:34] [House Education, HB 1005, Do pass; House Judiciary, HB 1071, Do pass]
Speaker Brian Evans [00:04:55] Thank you, Madam Clerk. Is there any unfinished business? Are there any reports? Executive communications? Members, we recognize today in our presence from the Arkansas State Police Sergeant Chuck Lewis from the Administrative Services Division, Sergeant Austin Lay from the Regulatory Service Division, both of them from Little Rock. Gentlemen, thank you for your service to us in this state. Would you please welcome into the chamber? Members, also with us today, our doctor of the day is Dr. Catherine Stambaugh, doctor of obstetrics. She is here from Representative Tippi McCullough's district. Please welcome her here today. Members, our nurse of the day is Ms. Leigh Fazio. Thank you for your service to the House. Members, the morning hour has ended. We will now go to your red calendar. Madam Clerk, please read House Bill 1133.
Secretary [00:06:16] House Bill 1133 by Representative Unger to authorize Northwest Technical Institute to appoint a president with an industry background and to declare an emergency.
Speaker Brian Evans [00:06:26] Representative Unger, you're recognized to explain the bill.
Representative Steve Unger [00:06:28] Thank you, Mr. Speaker. This weighty bill is really one sentence long. If you look at line C, the Northwest Technical Institute may appoint a president who has a background in industry in lieu of a background in education. Colleagues, I ask you for a good vote.
Speaker Brian Evans [00:06:46] Representative Unger has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Unger, do you wish to close for your bill? Representative Unger is closed for the bill. The question before the House is the passage of House Bill 1133. Members, this also has an emergency clause on it. Madam Clerk, please prepare the machine. Members, your one vote is for the bill and the emergency clause. Has everyone voted? Has everyone voted? Do any members wish to change their vote? Cast up the ballot, madam clerk. With a vote of 81 yeas, 8 nays, 0 present, the bill and the emergency clause has passed.
[00:07:40] [Vote on HB 1133:
No: Rep. Barnes, Barnett, Clowney, McCullough, McGruder, J. Richardson, Whitaker, Gonzales-Worthen;
Not voting: Rep. F. Allen, Eubanks, K. Ferguson, Garner, Gramlich, Holcomb, Hollowell, Jean, Perry, Springer, Wardlaw].
Speaker Brian Evans [00:07:41] Madam Clerk, please read House Bill 1006.
Secretary [00:07:43] House Bill 1006 by Representative Painter to re-designate the 14th Judicial District as a division of judicial district as it relates to prosecuting attorneys and to declare an emergency.
Speaker Brian Evans [00:07:54] Representative Painter, you're recognized to explain the bill.
Representative Stetson Painter [00:08:01] Thank you, Mr. Speaker. Good morning, colleagues. The 14th Judicial District is one of the three only part time judicial districts that we have in our state. The other two are the 9th and the 15th. At the request of the prosecuting attorney, due to the caseload and the backlog, they are requesting to become full time. And so that's all this bill does. I'd be glad to take any questions.
Speaker Brian Evans [00:08:28] Representative Painter has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Painter, are you closed for your bill? Members, the question before the House is the passage of House Bill 1006. Your one vote is for the bill and the emergency clause. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Would any member like to change their vote? Seeing none, cast up the ballot, madam clerk. With a vote of 96 yeas, 0 nays, the bill has passed. Madam Clerk, please read House Bill 1137.
Secretary [00:09:16] House Bill 1137 by Representative Walker, an act to separate the offices of Sheriff and tax collector in Searcy County.
Speaker Brian Evans [00:09:25] Representative Walker, you're recognized.
Representative Steven Walker [00:09:29] All right. Like all of them, this is an easy bill. This is House Bill 1137, the proposal to separate the offices of sheriff and tax collector in Searcy County. Be effective January 1st, 2027, which allows the election to take place in 2026. Currently, these responsibilities are combined under a single office, but growing complexities in both law enforcement and tax collection warrant their separation like all the other counties are starting to do. The bill has received strong local support, including a formal resolution from the county, which gave us time for the public to come out, speak for or against it, ask questions, which we did have a lot of questions. We had the county attorney there to also help with it. And we had no opposition in the local community against this. But anyway, this demonstrated the community's desire for change. But I'm open for questions, if there are any.
Speaker Brian Evans [00:10:28] Representative Walker has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Walker, do you wish to close for your bill? Representative Walker is closed for the bill. The question before the House is the passage of House Bill 1137. Prepare the machine Madam Clerk. Has everyone voted? Has everyone voted? Would any member like to change their vote? Seeing none, cast up the ballot, madam clerk. With a vote of 97 yea, 0 nay, and 0 present, the bill has passed. Madam Clerk, please read House Bill 1050.
Secretary [00:11:16] House Bill 1050 by Representative Tosh to separate the offices of sheriff and tax collector in Poinsett County.
Speaker Brian Evans [00:11:25] Representative Tosh, you're recognized.
Representative Dwight Tosh [00:11:29] Thank you, Mr. Speaker. This bill is just like Representative Walker's, the one he ran for his respective county. This is for Poinsett County in the district in which I serve. It's to separate the sheriff's office and the tax collectors office. In Poinsett County, the county judge had a quorum court meeting. They passed a resolution. There was no opposition to this bill. There's complete support with the sheriff and also the lady that is the tax collector. Now, during the general election of 2026, she will have to file for office, he or she will, and they'll take office in January of 2027.
The Constitution. I believe it's Amendment 55 gives this General Assembly, they have to have our authority to be able to separate these two offices. And currently here in the state of Arkansas, there are 75 counties, as we all know. 51 of those counties have already separated these two offices. But they have to do it through this legislative body as well. We are bringing in these bills and why I'm bringing mine and Representative Walker brought his. If we pass both of these, that will be 52 and 53.
But under the amendment, this is required under Amendment 55, statute 12-12-1204 says that we can either combine them or we can separate them. So we need to let the sheriffs get back to doing what they're elected to do, and that's public safety. And that's why I would ask for a good vote on this. And with that, I would take any questions. Seeing none, I appreciate your vote. Thank you.
Speaker Brian Evans [00:13:15] Representative Tosh has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Tosh, do you wish to close for your bill? Representative Tosh is closed for the bill. Members, the question before the House is the passage of House Bill 1050. Prepare the machine, Madam Clerk. Has everyone voted? Would any member like to change their vote? Cast up the ballot, madam clerk. With a vote of 98 yeas, 0 nays and 0 present, the bill has passed. Madam Clerk, please read House Bill 1075.
Secretary [00:13:57] House Bill 1075 by Representative Ray to prohibit a local government from regulating the sale or use of a lawn care device or imposing a tax or fee on the use of a lawn care device in certain circumstances.
Speaker Brian Evans [00:14:13] Representative Ray, you're recognized.
Representative David Ray [00:14:16] Thank you, Mr. Speaker. Colleagues, House Bill 1075 is a pretty simple, narrowly tailored preemption bill that would prevent local governments from banning the sale or use of a lawn care machine based on the type of fuel or energy that it consumes. I had several people who were curious as to what prompted this, and so I'll try to explain that real quickly.
Across the country, there are well over 100 cities, cities like Washington, D.C., Ann Arbor, Michigan, and many different states that have actually taken the seemingly very strange step of banning people from using lawn care machines like mowers, weed eaters, leaf blowers, snow blowers, etc., simply because they're gas powered. They're doing this ostensibly for the purposes of combating climate change. But the reality is that this sort of a policy needlessly meddles with the free market, infringes on individual freedom, limits consumer choice and access and harms the small businesses that rely on these machines to make a living. Really, it shouldn't be any of the government's business what type of weed eater you choose to use to weed your yard.
Thankfully, we don't have any cities or counties in Arkansas that are currently doing this. But as we know, a lot of times when an idea like this takes root in one state, people try to export it to other states. And this bill would prevent that from being the case here in Arkansas. With that, I'd be happy to take any questions.
Speaker Brian Evans [00:15:53] Representative Wooten, for what purpose? Is this a question, Representative Wooten? Representative Wooten, is this a question? You're recognized for a question.
Representative Jim Wooten [00:16:04] Does the bill specifically mention gas, gasoline?
Representative David Ray [00:16:08] No, the bill says on page two, line seven, it says that they cannot restrict it based on the energy source. So it's written in a way that is energy source neutral. You couldn't ban anything on the basis of it being battery powered. You couldn't ban it on the basis of it being gas powered.
Representative Jim Wooten [00:16:32] Energy is electricity or gasoline.
Representative David Ray [00:16:37] Right. That's right.
Representative Jim Wooten [00:16:39] So they could ban electric.
Representative David Ray [00:16:43] No. No, they couldn't. Not under this bill.
Representative Jim Wooten [00:16:46] One more question, if I might follow up.
Speaker Brian Evans [00:16:48] You're recognized.
Representative Jim Wooten [00:16:50] Are we all about local control?
Representative David Ray [00:16:54] I believe that local control is an important value, but that it shouldn't be unfettered. There are a lot of instances in which local governments try to limit the rights of individuals when they frustrate state policy or when they act in ways that are really incompatible with basic American concepts like freedom and liberty in which they shouldn't have unfettered control. And this is an area of the market where I don't believe it's appropriate for the government to be meddling. And so that's the reason for the bill.
Representative Jim Wooten [00:17:33] So we pick and choose between local control and control by the state house. In other words, we're to the point to where we're going to control lawnmowers and lawn care people and that type of thing.
Representative David Ray [00:17:49] I'm not trying to control what lawn mower anyone chooses to purchase. What I'm trying to do is prevent local governments from making that decision on behalf of the citizens that we represent.
Speaker Brian Evans [00:18:01] Representative Wooten, was that your final question?
Representative Jim Wooten [00:18:02] Thank you.
Representative David Ray [00:18:06] Any other questions? With that, I'd appreciate a good vote.
Speaker Brian Evans [00:18:12] 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 1075. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone Voted? Would any member like to change their vote? Madam Clerk cast up the ballot. By a vote of 76 yeas, 17 nays and 4 present, the bill has passed.
[00:18:52] [Vote on HB 1075:
No: Rep. Barnes, Barnett, Clowney, Collins, Ennett, Garner, Hudson, Magie, McCullough, McGruder, Perry, T. Shephard, Springer, Whitaker, Womack, Wooten, Gonzales Worthen ;
Present: Dalby, Eaves, K. Ferguson, Vaught].
Speaker Brian Evans [00:18:52] Representative Pilkington, you're recognized.
Representative Aaron Pilkington [00:19:02] Thank you, Mr. Speaker, for recognizing me for a point of personal privilege. As many of you are probably unaware of, today is National Maternal Health Awareness Day. I planned on having a resolution, but with timing and everything, I wasn't able to get it filed in time. But I did want to take time to recognize some of the esteemed guests we have in the East Gallery who are with us today. Arkansas for Improving Maternal Health, Excel by 8, Healthy Steps and ACHI are in the East Gallery, so please give them a round of applause.
I was told I could just read my resolution. But to spare you all that, since I know I'm the only thing that's preventing you from leaving here for the weekend, I'm going to be quick. I think we all know that maternal health is an important issue this session. I'm very excited about the work that we've done in the last two years between the governor's office, the House and the Senate to do the improvements we've made. I'm very excited about the improvements we will make, continue to make this session, and I look forward to working with all of you and working with these fantastic organizations that are putting moms and babies first here in Arkansas. So thank you and thank you for allowing me this personal point of privilege.
Speaker Brian Evans [00:20:28] Representative Meeks, for what purpose?
Representative Stephen Meeks [00:20:31] Motion.
Speaker Brian Evans [00:20:32] Let's hear your motion.
Representative Stephen Meeks [00:20:34] 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 1:30 on Monday afternoon.
Speaker Brian Evans [00:20:50] Motion is non debatable. All in favor say aye. Opposed nay. Motion carried. Are there any announcements from committees? Representative Wooldridge, for what purpose?
Representative Jeremy Wooldridge [00:21:06] Announcement.
Speaker Brian Evans [00:21:08] You're recognized.
Representative Jeremy Wooldridge [00:21:09] Thank you, Mr. Chair. Public Health will meet Tuesday, 15 minutes upon adjournment.
Speaker Brian Evans [00:21:15] Representative Eaves, what purpose?
Representative Les Eaves [00:21:17] Announcement.
Speaker Brian Evans [00:21:18] Recognized.
Representative Les Eaves [00:21:19] Thank you, Mr. Speaker. Members, since we were off Monday, some of the bill filing deadlines have changed. So certain health care legislation set out under joint Rule 15, which is mostly scope of practice, that bill filing deadline is now January 27th. The retirement legislation deadline is January 31st. And bills affecting EBD health plans has a deadline of January 31st.
Speaker Brian Evans [00:21:44] Any other announcements from committees? Seeing none, the desk will remain open as needed for the reading of the bills. Upon completion of the items named in the Adjourn resolution, the House will stand in adjournment until 1:30 on Monday.
