House of Representatives
January 30, 2025
Speaker Brian Evans [00:05:19] I invite the members, staff, press and guests in the galleries to stand and be led in prayer by guest Chaplain Elder Eric Bednar, guest today of Representative Carlton Wing and Representative Jon Eubanks.
Speaker Brian Evans [00:06:56] Members, please indicate your presence by pressing your yellow present button. Prepare the machine, Madam Clerk. Has everyone recorded their presence? Cast up the ballot, madam clerk. 96 members present, Chair sees a quorum. Are there any requests for leave? [Leave: Ladyman, Wardlaw, Breaux, Johnson, Vaught] Representative Matthew Shepherd moves that we dispense with the reading of the previous day's journal. With no objection, so ordered. Madam Clerk, Are there any reports from select committees? You're recognized.
Clerk [00:09:02] [House Management, House Resolution 1018, House Resolution 1019, House Resolution 1020, House Concurrent Resolution 1004]
Speaker Brian Evans [00:09:20] Madam Clerk, are there any reports from standing committees? You're recognized
Speaker 5 [00:09:25] [House Judiciary, House Bill 1067, House Bill 1007]
Speaker Brian Evans [00:09:50] Madam Clerk, Any unfinished business? Are there executive communications? Members, I ask you at this time if you would rise and join me welcoming our Arkansas state troopers here today, Corporal John Hollington of the Regulatory Services Division of Little Rock, Corporal Trey Keller, Highway Patrol Administration from Little Rock as well. Thank you, gentlemen, for your service. Members, our doctor of the day is Dr. Derek Bryant, family medicine physician from Little Rock, Representative Keith Brooks' district. Welcome, sir. Thank you for your service. And our nurse of the day is Lee Fazio. Thank you very much for your service. Members, with us today, we have in the East Gallery students with the Mills Middle School. They are guest of Representative Denise Ennett. Would you please make them welcome? Also in the East Gallery, we have with us members of the Associated General Contractors of Arkansas. They are here as guests of Representative Bruce Cozart. Representative McKenzie, for what purpose?
Representative Brit McKenzie [00:11:30] Point of personal privilege.
Speaker Brian Evans [00:11:33] Come to the well for your point. Members, you may be seated.
Representative Brit McKenzie [00:11:42] Mr. Speaker, I ask that Representatives Beck, Gramlich, Pilkington, Gonzales-Worthen, Collins, Ennett, Steimel, as well as any other Catholic member, join me in the well.
Speaker Brian Evans [00:11:51] Members, please join Representative McKenzie.
Representative Brit McKenzie [00:11:57] Ladies and gentlemen, I'll be quick because I know we want to get to the business of the House today. I know these often come in the form of a resolution. Today is the last day of Catholic Schools Week that we are in session. I wanted to make sure to take the time and opportunity to honor our Catholic schools with our fellow Catholic members here. I'll say a quick speech, if you wouldn't mind. Catholic schools contribute significantly to the education by fostering a holistic approach that encompasses academic excellence, moral values, spiritual growth and emphasizes discipline, community service and personal responsibility, often leading to well-rounded students. These institutions provide a faith based education that integrates religious teachings with core subjects promoting ethical decision making and character development. Like I mentioned, this is Catholic Schools Week. We are joined in the East Gallery by Ms. Teresa Hall and Ms. Marguerite Alberts, our Catholic Diocese of Little Rock Catholic School superintendent. Would you all help me in welcoming them? Thank you, Mr. Speaker.
Speaker Brian Evans [00:13:05] Representative Wing, for what purpose? You're recognized.
Representative Carlton Wing [00:13:16] We honestly did not plan this. But I would like for Representative Eubanks, if he is within earshot, to come and join me in the well. The members of the Church of Jesus Christ of Latter day Saints are also here today. So this is religious day. I'd like to point out that both BYU and Notre Dame had good seasons, so the farmers and the ranchers can be friends. Standing in the East Gallery, please rise. Here we have members from the leadership of all of our congregations throughout the state of Arkansas. Many of you had a chance to meet with them this morning and they will be available as well after we gavel out of the session today. Just here to offer services that we provide to your community. Brother Eubanks, would you like to say anything? Okay. But thank you very much for all you do in our communities. Thank you.
Speaker Brian Evans [00:14:21] Members, we will now go to the red calendar. Representative Gazaway moves that we place Senate Bill 18 back on second reading for the purpose of amendment. Without objection, read the amendment, Madam Clerk.
Clerk [00:14:36] Amendment number one to Senate Bill 18 by Representative Gazaway.
Speaker Brian Evans [00:14:42] Representative Gazaway, you're recognized.
Representative Jimmy Gazaway [00:14:48] Thank you, Mr. Speaker. I wasn't expecting to be back in a well so soon. This amendment simply adds me as a co-sponsor. I'd appreciate a good vote. Thank you very much.
Speaker Brian Evans [00:14:56] Representative Gazaway has explained the amendment to Senate Bill 18. Anyone want to speak against the amendment or for the amendment? Question before the House is the re referral or the adoption of Senate amendment number one of Senate Bill 18. All those in favor say aye. Opposed nay. Amendment is adopted. Madam Clerk, please send the amendment to Engrossing. Members, we will now go to resolutions. Madam Clerk, please read House Resolution 1014.
Clerk [00:15:31] House Resolution 1014 by Representative Painter to recognize the Mountain Home tennis team as the Class 5A state champions.
Speaker Brian Evans [00:15:42] Represent Painter, you're recognized.
Representative Stetson Painter [00:15:47] Thank you, Mr. Speaker. Colleagues, one of the privileges being down here is getting to represent our student athletes, and especially when they win a state state championship. And Mountain Home Bombers won the 5A state championship for tennis on the boys side and very proud of those young men. They're not only great on the court, but they're also great outside the court in their school and their civics. And I'm going to tell you something. There was a coach that said there's a lot of tigers and bears and whatever, there's only one Razorback. Well, I'm very proud to say in high school, there's a lot of tigers, bears and lions. There's only one Mountain Home Bomber. And so I'm proud of the Bomber Nation and congratulate those young men. I appreciate a good vote. Mr. Speaker. I would ask that you have the clerk read it by title only.
Speaker Brian Evans [00:16:42] Madam Clerk, please read the resolution by title only.
Clerk [00:16:45] To recognize the Mountain Home tennis team as the Class 5a state champions.
Speaker Brian Evans [00:16:50] Representative Painter has explained the resolution. Would anyone like to speak against the resolution? For the resolution? Representative Painter has closed for the resolution. The question before the House is the passage of House Resolution 1014. All those in favor say aye. Opposed nay. Congratulations, Representative Painter, the resolution is adopted. Madam Clerk, please read House Resolution 1015.
Clerk [00:17:15] House Resolution 1015 by Representative Painter to recognize the Mountain Home cross-country team as the Class 5A state champions.
Speaker Brian Evans [00:17:22] Representative Painter, you're recognized.
Representative Stetson Painter [00:17:25] Thank you, Mr. Speaker. Again, it's nice to have another piece of jewelry in the cabinet there at the Mountain Home High School. Mount Home won the 5a State Championship and cross country on the boys side. Again. Like their counterparts in tennis, these are good young men, not only in cross-country, but also in their school and civic. So I'd appreciate a good vote there. Like I said, congratulations to Mountain Home. Mr. Speaker, can you have the clerk read the resolution by title only?
Speaker Brian Evans [00:17:52] Madam Clerk, please read the resolution by title only.
Clerk [00:17:55] To recognize the Mountain Home Cross-country team as the Class 5A state champions.
Speaker Brian Evans [00:18:00] Representative Painter has explained the resolution. Would anyone like to speak against the resolution? For the resolution? Representative Painter is closed for the resolution. The question before the House is the passage of House Resolution 1015. All those in favor say ate. Opposed nay. Ayes have it. Congratulations, Representative Painter, your resolution is adopted. Madam Clerk, please read House Resolution 1013.
Clerk [00:18:26] House Resolution 1013 by Representative Pilkington to recognize January 23rd, 2025, as the Maternal Health Awareness Day in Arkansas.
Speaker Brian Evans [00:18:34] Representative Pilkington, You're recognized to explain the resolution.
Representative Aaron Pilkington [00:18:37] Thank you, Mr. Speaker. As you remember last week I made a point of personal privilege to commemorate National Maternal Health Day, which was last week. This is just the resolution that was coming along with it. And I'll ask the clerk to read the resolution by title only. Thank you.
Speaker Brian Evans [00:18:51] Madam Clerk, please read the resolution by title only.
Clerk [00:18:53] To recognize January 23rd, 2025, as Maternal Health Awareness Day in Arkansas.
Speaker Brian Evans [00:18:59] Representative Pilkington has explained the resolution. Would anyone like to speak against the resolution? For the resolution? Representative Pilkington is closed for the resolution. The question before the House is the passage of House Resolution 1013. All those in favor say aye. Opposed nay. The ayes have it. Congratulations, Representative Pilkington, the resolution is adopted. Madam Clerk, please read House Resolution 1017.
Clerk [00:19:27] House Resolution 1017 by Representative McKenzie to commemorate and recognize National School Choice Week during the week of January 26th through February 1st.
Speaker Brian Evans [00:19:37] Representative McKenzie, You're recognized.
Representative Brit McKenzie [00:19:41] Thank you, Mr. Speaker. Ladies and gentlemen, I present HR 1017 to commemorate and recognize National School Choice Week. Welcome to the National School Choice Week. A lot of these weeks seem to happen in the month of January. It's a time when we can celebrate the diversity of educational options available to our children. This week, we acknowledge that every child is unique with individual needs, talents and learning styles. School choice empowers families to select the educational environment that best fits their child's potential. Whether it be public, private charter magnet schools or homeschooling.
The essence of National School Choice Week is not just about choosing a school. It's about advocating for an educational system where every student can thrive. It's about ensuring that all children have access to quality education tailored to their personal growth. This week, all across our great natural state, parents, teachers, administrators and advocates have engaged in conversations, sharing of stories, and explored opportunities that highlight the importance of educational freedom.
This resolution stands as an opportunity for this House, this body, to commemorate and congratulate those who fight for their children to get the education that best fits them. So today, I ask for your support in this resolution so that together we can champion the cause of school choice to foster environments where curiosity, creativity and critical thinking are nurtured. Let's work together towards a future where every child's educational journey is one of excitement, challenge, and success. Thank you. Mr. Speaker, I ask that Madam Clerk read the resolution in title only.
Speaker Brian Evans [00:21:10] Madam Clerk, Read the resolution in title only.
Clerk [00:21:13] To commemorate and recognize National School Choice Week during the week of January 26th through February 1st.
Speaker Brian Evans [00:21:18] Representative McKenzie has explained the resolution. Would anyone like to speak against the resolution? For the resolution? Representative McKenzie is closed with the resolution. The question before the House is the passage of House Resolution 1017. All those in favor say aye. Opposed nay. The ayes have it. Congratulations, Representative McKenzie. The resolution is adopted. Madam Clerk, please read House Resolution 1007.
Clerk [00:21:47] House Resolution 1007 by Representative Meeks to amend the rules of the House of Representatives of the 95th General Assembly.
Speaker Brian Evans [00:21:52] Representative Meeks, You're recognized.
Representative Stephen Meeks [00:21:55] Thank you, Mr. Speaker. So, colleagues, these next two resolutions I'm going to bring for you are actually substantive rules change. So I'm going to begin by talking about this first one. They will require a two thirds vote, by the way, since these are rule change. So this first one, I call this the ultimate in government efficiency. Because with your adoption of this rule today, we will save about 10 seconds every time we have session.
The way we'll do that is, of course, I've had the distinct privilege of being the senior member of the House for the last 12 years. And as such, by tradition it is my duty to do the adjourn motion every day. And so I am convinced that regardless of anything else that I accomplished during my time here, that I will be best remembered for doing the adjourn motion every day. That being said, with the adjourn motion. I have to list out nine items so that once the speaker gavels this out, at the end of the day, those nine items, those business that those orders of businesses can continue to take place following the adjournment.
Over the years, I have thought surely there's got to be a simpler, more cleaner way to do this instead of you all having to listen to me rattle off these nine items every day. And so last session, I developed this rule. We just ran out of time to get it done. So I'm bringing it to you here at the beginning of this session. So what this rule change would do is it would list those nine items within the rules.
And so going forward, the new adjourn motion would be: "In accordance with House Rule 33m, I move we adjourn until tomorrow at 1:30." Short, sweet, concise. I did check with Representative Cozart, who will inherit the job after me. He is in full support of this House rule, from what I understand. And so with that, I will be happy to answer any questions regarding this one. Okay. Not seeing any, I would appreciate a good vote.
Speaker Brian Evans [00:23:54] Representative Meeks has explained the resolution. Does anyone want to speak against the resolution? For the resolution. Representative Meeks is closed for the resolution. The question before the House is the passage of House Resolution 1007. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted. Representative Meeks has now voted. Cast up the ballot, madam clerk. By a vote of 87 yeas, 6 nays, 2 present, the resolution has passed. Madam Clerk, please read House Resolution 1012.
Clerk [00:24:44] House Resolution 1012 by Representative Meeks to amend the rules of the House of Representatives in the 95th General Assembly to require that a member of the House of Representatives be selected as a designated survivor.
Speaker Brian Evans [00:24:55] Representative Meeks, you're recognized to explain the resolution.
Representative Stephen Meeks [00:24:59] Thank you, Mr. Speaker. This one is a little bit of a weightier matter that I bring before you. Colleagues, for those of you that are freshmen, you may not have realized this, but when you took the oath of office, you actually became a member of the line of succession within our state government.
And the day that scares me the most in Session is the second day of session because on that day, we have the entire House of Representatives in this room. The Senate is in this room. The constitutional officers are in this room. Most of the cabinet secretaries are in this room. The justices are all in this room. The entire central government is in this room. What would happen in the event that something I'll just say tragic happen? We'll leave it at that. I don't want to give anybody any ideas. And everybody in this room was lost. We would now have a state in crisis with no leadership.
Now, this year, even though they didn't realize it, Representative Wooten, I think Representative McKenzie, were both absent on that day. Had something happened, one of them would have became the new acting governor of our state. But what would have happened if nobody had been absent? There's nothing to handle that. What would happen in that circumstances? Again, I pray to God it never happens. But should it happen, we are potentially putting our state potentially in the hands of the federal government. And I think that's what would have to happen.
The federal government would have to come over and take control of what's going on in our state. And so what I am recommending with this rule change is that when we have these events that the Speaker of the House would designate that designated survivor. That person would be in the top third of seniority because you want somebody who's been around a while, knows how all this works. Because remember, that person, should they be called upon, is going to be acting under an extreme circumstance. So we want somebody who has experienced that person in the event the unthinkable happens by this rule would automatically become the new speaker of the House.
So in other words, the speaker would be choosing his successor in the eventuality. And the reason why that needs to take place is under current Arkansas law, it is the speaker of the House who becomes the acting governor in these circumstances. In the case where we just pointed out where we had Representative Wooten and Representative McKenzie, those two guys would have to try to figure out who the true speaker of the House would be. And it brings up a constitutional question. Could the two of them actually be considered a quorum to even do the business to elect one of them to be the speaker to take over.
So this eliminates that as a concern. What the rule would stipulate is that an hour prior to this event taking place, that person would have to leave the Capitol, go at least five miles away. The Department of Emergency Management would be notified who that individual was so that should this eventuality take place, they know who the person is that would be taking charge. They're not having to try to figure out.
So, for example, if the speaker appointed Representative Wing or Representative Vaught, they would know that Representative Wing or Representative Vaught was the person that they would turn to for the leadership. That person will be counted as present for quorum. They'll get per diem. And they will not be allowed to come back to the Capitol until an hour after that event is over. I did run this past the sergeant at arms. He offered one little tweak to the resolution to the rule change. I did incorporate that.
And so, again, colleagues, I pray to God that it never happens. But I think for us to be prudent in today's day and age, that this is a step that we need to take to make sure that should this eventuality happen, that our citizens and this institution is taken care of to the best of our ability. With that, I'll be happy to try to answer any questions.
Speaker Brian Evans [00:29:16] Representative Pilkington, For what purpose?
Representative Aaron Pilkington [00:29:18] Question.
Speaker Brian Evans [00:29:19] You're recognized
Representative Aaron Pilkington [00:29:20] Thank you, Mr. Speaker. Representative Meeks, this designated survivor, is there anything in there that says that they have to be from the majority party? So someone from the super minority could be the designated survivor and even though the will of the people a couple of months ago was for a different direction of the state, could now be in the hands of someone in it who's wanting to take it to a totally different direction of the state.
Representative Stephen Meeks [00:29:43] Theoretically, my response to that would be the speaker is the one who's going to choose that individual. And so just like we trust the speaker to make all sorts of other decisions for us, they would be the ones to make that choice. And I would assume they would choose somebody from the same party. But ultimately, my hope is that they would choose the person who they would think would be best should that situation arise.
Speaker Brian Evans [00:30:13] Representative.
Representative Stephen Meeks [00:30:19] Seeing no others, again, I think this is just a prudent thing for us to do. God forbid this should ever be needed, but should this happen, we'll at least have a plan in place to take care of our citizens to the best of our ability. With that, I'd appreciate a good vote.
Speaker Brian Evans [00:30:35] Representative Meeks has explained the resolution. Does anyone want to speak against the resolution? Representative McKenzie, You're recognized.
Representative Brit McKenzie [00:30:47] Thank you, Mr. Speaker. And I want to apologize. I mean no great disrespect to Representative Meeks. I think this is worthy of study. And I know I hope all of you got the entertainment of visual thought of Representative Wooten and I being the last two standing in this chamber. I think we could have a lot of good arguments and debates. I just think it's important. I made this comment in Rules.
I did vote against this in the committee. Next in the line of succession is not the Speaker of the House. It's the Senate President. There is no rule that mirrors this on their side. Again, it's a rule. So it would be in our book. We'd have the practice. I get concerned with the possible implication if this becomes true. If someone happens to be out of the state of the state and a tragedy occurs from the Senate, we have it in our rules that someone ascends to that position of Speaker of the House and become acting governor.
It opens up a lot of opportunity for a constitutional crisis in a weird place where a tragedy has occurred. I'm happy to reconsider it or ask for the joint rules to be amended so that we each get a designation and that the bicameral forms of government can exist in a tragedy like that. But with rules, in my second term, the theme is often we need to study and we need to investigate and we need to scratch and we need to dent. I do think that this requires a little additional study to make sure that as we collaborate with the Senate, our rules are matching and that they're good in their intended purpose. So thank you.
Speaker Brian Evans [00:32:12] Representative McKenzie has spoken against the resolution. Would anyone like to speak for the resolution? Against the resolution. Representative Duke, You're recognized.
Representative Hope Duke [00:32:32] Thank you, Mr. Speaker. I appreciate what you're trying to do here. But I do agree with Representative McKenzie. This needs to take a lot of thought and consideration. And I listened to the debate yesterday in committee, and there seem to be several questions with that. And I think there are probably a lot more questions if we had more time to discuss this. And I think it is a fair point that if we're going to change a rule, especially a rule that has such a significant impact on the people of our state in a time of crisis, there needs to be a lot of member discussion on this one.
It certainly shouldn't be something that we come in here and we do very quickly without a lot of members probably thinking a whole lot about it and thinking about the ripple effects and consequences God forbid that it happens. But if it does happen, we need to make sure that we have vetted this out well here and also with our colleagues in the Senate. So for that purpose, I am going to be voting no.
Speaker Brian Evans [00:33:26] Representative Duke has spoken against the resolution. Would anyone like to speak for the resolution? Against the resolution. Representative Meeks, you're recognized to close for the resolution.
Representative Stephen Meeks [00:33:42] Thank you, Mr. Speaker. So I do want to clarify a point that Representative McKenzie made. So by changing our rules, this person will become the Speaker of the House. Should the tragedy unfold, they would not necessarily become the acting governor. If there was a senator who had survived, theoretically, they would become the acting governor. But I still would suggest that having that surviving member of the House would still be prudent because you would eventually have to reelect a whole new body and you would have a whole new body of freshmen coming in.
And if there is no designated survivor, you have nobody with institutional knowledge to know how to rebuild this institution. And so even if there was somebody else to be able to serve in that capacity, I think having somebody would allow for us to get this institution rebuilt with that institutional knowledge. I would also submit that if the Senate did something like this, I would be all for it. I think we need to take everything that we can do to be prepared in case of emergency like this. But we can't control what the Senate does, right? We can only control what we do here in the House.
And so what we can do in the House is make sure that we are prepared in this eventuality and not wait. Because what'll happen if you vote no on this and this does not pass, we will still have nothing in place. I'm okay if we want to discuss this with the Senate and try to do something to develop this out further into the future. I think that would be great. But to vote no and have nothing in place, I think that potentially is very, very irresponsible of us. So for that, I would appreciate a good vote.
Speaker Brian Evans [00:35:37] Representative Meeks has closed for the resolution. The question before the House is the passage of House Resolution 1012. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. With a vote of 39 yeas, 31 nays and 20 present, the bill has failed. The resolution. Excuse me. Madam Clerk, please read Senate Concurrent Resolution number 1.
Clerk [00:36:20] Senate concurrent resolution number 1 by Representative Evans to adopt the joint rules of the House of Representatives and the Senate of the 95th General Assembly.
Speaker Brian Evans [00:36:28] Representative Wing, You're recognized.
Representative Carlton Wing [00:36:33] Thank you, Mr. Speaker. These are just the concurrent rules. It's a 21 page document. There were only five changes. I'll just-- none of them very major. But I'll briefly go through each of the topics that were addressed. One was non procedural resolutions during a special session. Another one clarifies bill filing deadlines with EBD and other medical plans. EBD does have a bill filing deadline. The other plans do not. And so they needed some clarification there. Number three was clerical efficiency. Just regarding strikeout language. Number four was the committee is able to do normal business. If we're ever in recess for longer than 30 days, our committees need to still be able to function. And number four was fiscal impact statements regarding state and public school life and health insurance programs. We had statutes that already listed this, and so we just needed to bring some clarification between the two so that were in line with existing rules, with statutory code. And that is it. The rest of the 21 pages are exactly as were before. Appreciate a good vote.
Speaker Brian Evans [00:37:42] Representative Wing has explained the resolution. Does anyone want to speak against the resolution? For the resolution. Representative Wing is closed for the resolution. The question before the House is the passage of House or Senate concurrent resolution number 1. All those in favor say aye. Opposed nay. The ayes have it. Congratulations, Senate concurrent resolution number 1 has passed. Members, that is the end of the morning hour. Now, go to regular bills. We will start House bills. Madam Clerk, please read House Bill 1085.
Clerk [00:38:22] House Bill 1085 by Representative Karilyn Brown to adopt federal law concerning tax deferred tuition savings programs and to amend the income tax liability for rollover contributions from an Arkansas Brighter Future Fund plan to a Roth individual retirement account.
Speaker Brian Evans [00:38:38] Representative Brown, you're recognized to explain the bill.
Representative Karilyn Brown [00:38:48] Colleagues. Today I'm bringing to you House Bill 1085, which amends our current Brighter Future plan, which is our name for the 529 plan, as most people call it. It's a subsection of USC 26. It's for tax deferred education savings accounts. The federal government has made a change and they are now allowing people who have funds in a 529 Brighter Future Plan.
If those funds are not going to be used by their designated beneficiary for education purposes, they can now roll those funds over into a Roth IRA. As you probably know, Roth IRAs are after tax. They're funded with after tax dollars. So are 529 plans. So the funds are after tax dollars. The reason this is such a great thing is Arkansas is rated number four in the country for their 529 plans, which I think is pretty exciting.
But the reason this is so beneficial to people who do invest in a 529 plan or the Arkansas Brighter Future plan is that, formerly, in Arkansas when you just had to take it out, you just had to surrender that money because you didn't have a beneficiary that was going to be able to use it, you then had to pay income tax on the growth in that account. You also had to pay the federal government a 10% penalty plus the income taxes. So now people have the opportunity to roll that money over.
And I think we might sell a lot more 529 plans, and I would appreciate a good vote. And I'm ready for questions. I need to mention there is a fiscal impact. It is $190,000 estimated, and that would be based on revenue that is not collected on the income taxes or funds that are typically just surrendered instead of rolled. Now they couldn't roll over before. So the people just take the money out. They have to pay income tax on the growth. So they estimate there'll be about $190,000 that the state will not collect. And that is the fiscal impact. Seeing no questions, I would appreciate a good vote.
Speaker Brian Evans [00:41:49] Representative Brown has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Brown, do you wish to close for your bill? Representative Brown is closed for the bill. The question before the House is the passage of House Bill 1085. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. With a vote of 94 yeas, 0 nays 0 present, the bill has passed. Madam Clerk, please read House Bill 1183.
Clerk [00:42:33] House Bill 1183 by Representative Bentley to create the registered Dialysis Patient Care Technician Act.
Speaker Brian Evans [00:42:40] Representative Bentley, You're recognized to explain the bill.
Representative Mary Bentley [00:42:49] Thank you, Speaker. Colleagues, I think it's very important for us to make sure we make the best use of all of our health care providers out there. And this bill really addresses that one issue that was high on my list, to make sure that our patients are being taken care of the best when they're going to receive dialysis. So this bill simply allows a registered nurse to designate the giving of heparin by the patient care technicians. 34 other states already allow this.
And for those of you who are not in the medical field to understand that, heparin is really like oil in an engine. You can't run that engine without oil. And you can't run a dialysis machine without heparin because heparin keeps the blood flowing through there. So it's important that they have the right amount of heparin there to make sure the blood is flowing correctly. So right now in Arkansas, unlike other states, the patient care technician has to stop and say, I need to get a registered nurse over here. I need you to give this heparin.
And it's already in protocol to know exactly what it is. Actually, I just have to press a button. So it really disrupts when the RN has to do with this. Very RNs that are there, so it takes away from what that RN is currently doing with another patient to come over there and press a button. So it's really just ease of access, making sure our patients are given the best care possible in the dialysis unit.
And the other thing it does is creates a registry because now this goes under the board of nursing, for them to have a registry for the patient care techs. Should they be a bad actor, they can keep up with that person, make sure they're not working. So I have amended this bill more than any other bill I have amended in the ten years I've been working to make sure that the medical board is happy.
We put exemption in there for them to make sure the Board of Nursing was happy, to make sure the Health department was happy, because I really wanted a good bill. So with that being said, if anybody has any questions on this bill, be happy to take. All right. Seeing no good questions, I'd appreciate a good vote. Thank you.
Speaker Brian Evans [00:44:29] Representative Bentley has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Bentley is closed for the bill. The question before the House is the passage of House Bill 1183. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot. With a vote of 95 yeas, 0 nay and zero present, the bill has passed. Madam Clerk, please read House Bill 1220.
Clerk [00:45:07] House Bill 1220 by Representative Steele to amend the membership of the Arkansas Natural and Cultural Resources Council.
Speaker Brian Evans [00:45:13] Representative Steel, You're recognized to explain the bill.
Representative Tracy Steele [00:45:18] Thank you, Mr. Speaker. Members, This is a simple bill. This council has been around since 1987. Back in 2019, the bill was amended and inadvertently the Land commissioner was not given the authority to designate someone else to attend the meetings on his behalf. That's all this Bill does. Answer any questions. Appreciate a good vote.
Speaker Brian Evans [00:45:46] Representative Steele has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Steele is closed for the bill. The question before the House is the passage of House Bill 1220. Prepare the machine, Madam Clerk. Has everyone voted? Everyone voted. Cast up the ballot, madam clerk. By a vote of 95 yeas, 0 nay and 0 present, the bill has passed. Members, without objection, will pass over House Bill 1149. No objection. Madam Clerk, please read House Bill 1135.
Clerk [00:46:30] House Bill 1135 by Representative Achor to allow the issuance of a digital ID card, to amend the law concerning the fee for issuance of a digitized driver's license or digitized identification card and to declare an emergency.
Speaker Brian Evans [00:46:48] Representative Achor, you're recognized.
Representative Brandon Achor [00:46:53] Thank you, Mr. Speaker. Colleagues, today this is a small technical bill that's going to clean up a bill that we passed last session authorizing the Department of Driver Services to issue a digitized driver's license for any individual who chooses that option. What this does is it removes the requirement of a $10 fee. After the bid was done and the product was produced, DFA found that they had plenty of money in their vendor fund to be able to make this available for $0. So this removes the requirement of a $10 fee and also expands it from just driver's licenses to the other, I guess, ID cards that Driver Services also produces. So with that, I'll take any questions. I appreciate a good vote.
Speaker Brian Evans [00:47:43] Representative Achor has explained the bill. Would anyone like to speak against the bill? For the bill? Representative Achor is closed with the bill. The question before the House is the passage of House Bill 1135. Prepare the machine, Madam Clerk. Has everyone voted? Everyone voted? Member,. Your one vote is for the bill and the emergency clause. Cast up the ballot, madam clerk. By a vote of 89 yeas, 3 nays, and 2 present, the bill and the emergency clause has passed. Madam Clerk, please read House Bill 1271.
Clerk [00:48:32] House Bill 1271 by Representative Warren to amend the law concerning mechanics and material liens and to clarify the priority of liens in mortgage construction loans.
HB 1271: Prioritizing lenders in liens
Speaker Brian Evans [00:48:44] Representative Warren, You're recognized to explain the bill.
Representative Les Warren [00:48:49] Thank you, Mr. Speaker. This bill addresses a current situation for consumers and lenders alike. Specifically, we're talking about the construction loans or add ons to an existing property. Best way I know to explain what this bill does is to give you an example. Let's say Representative Steimel decides to build a house. He has some money saved up and decides to do it without a loan. Before the house is completed, Trey runs out of cash. The cost of everything increased. He goes to a bank for a loan, but he can't get one because he's already commenced construction.
If the bank makes him a loan, every person who provides labor or materials from beginning to end has priority according to the current statutes over the lender who made the loan to finish the house. The lender doesn't want to make you a loan because their loan is not secured well. The same thing happens if a contractor thought a closing occurred and began construction before the mortgage is filed. Not intentional, but it happens.
What this bill will do is anyone who has done work prior to a mortgage being filed has priority over the lender. Once the lender files their mortgage, their position is set and nobody has priority over them. After that, a good lender will make sure they have proof that everyone who did work prior to their mortgage has been paid in full so that their position becomes a first mortgage position. This is an issue that's gone unaddressed for years. We want to give lenders the same lien protection as everyone else in the construction process and before the courts. So I'll be glad to take any questions. I know I've visited with a lot of you already. I would appreciate a good vote.
Speaker Brian Evans [00:51:06] Representative Warren has explained the bill. Would anyone like to speak against the bill? For the bill. Representative Warren is closed with the bill. The question before the House is the passage of House Bill 1271. Prepare the machine, Madam Clerk. Has everyone voted? Everyone voted. Cast up the ballot, madam clerk. By a vote of 98 yea, 0 nay, and 3 present, the bill has passed. Madam Clerk, please read House Bill 1273.
Clerk [00:51:48] House Bill 1273 by Representative Warren to provide that a lien created by the entry of a Certificate of Indebtedness issued by the Secretary of the Department of Finance and Administration is not superior to a purchase money mortgage.
Speaker Brian Evans [00:52:01] Representative Warren, You're recognized to explain the bill.
Representative Les Warren [00:52:06] Thank you, Mr. Speaker. Members, this bill is just providing language where there is none in the state of Arkansas right now. This language will mirror what is currently in place with the IRS. When someone purchases a piece of real estate with any level of investment, any cash in it and secures a loan for the balance owed, the resulting loan is considered a purchase money mortgage. The DFA has agreed that any lien they have is inferior to this type mortgage and they are actually mirroring the IRS in this right now. We just want this to be put in practice through statutes for the state of Arkansas. I would appreciate a good vote.
Speaker Brian Evans [00:52:58] Representative Warren has explained the bill. Would anyone like to speak against the bill? For the bill. Representative Warren is closed for the bill. The question before the House is the passage of House Bill 1273. Prepare the machine Madam Clerk. Has everyone voted? Has everyone voted. Cast up the ballot, madam clerk. By a vote of 95 yea, 0 nay 0 present, the bill has passed. Madam Clerk, please read House Bill 1238.
Clerk [00:53:40] House Bill 1238 by Representative Cavenaugh to authorize a mortgage to recover fees in certain circumstances under the statutory foreclosure law.
Speaker Brian Evans [00:53:47] Representative Cavenaugh, you're recognized.
Representative Frances Cavenaugh [00:53:53] Thank you, Mr. Speaker. This is probably the simplest bill you're going to see all session. This bill actually just says that during a strict foreclosure, if the homeowner was to prevail, then the judge may award attorney fees. It doesn't say they will. It just gives the judge the opportunity. If they want to award attorney fees, they can. And with that, I'd appreciate a good vote.
Speaker Brian Evans [00:54:19] Representative Cavenaugh has explained the bill. Would anyone like 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 1238. Prepare the machine, Madam Clerk. Has everyone voted? Everyone voted. Cast up the ballot, madam clerk. By a vote of 93 yeas, one nay and one present, the bill has passed. Madam Clerk, please read House Bill 1237.
Clerk [00:55:02] House Bill 1237 by Representative Jay Richardson to prohibit medical professionals from soliciting injured individuals and to set penalties for a violation of the prohibition of solicitation of injured individuals.
Speaker Brian Evans [00:55:14] Representative Richardson, you are recognized.
Representative Jay Richardson [00:55:17] Thank you, Mr. Speaker. Good morning, colleagues. There's a lot of you may have gotten some communication about this bill. So let me give you some backstory as to how we got to this. A couple of years ago, I had an individual in my community who had an accident. Before he could get home, there was an individual at his door knocking with his wife in the house asking for this gentleman, letting her know that he'd been in an accident and they were trying to get a hold of him.
He hadn't even talked to his wife yet. He gets home, or his wife calls and he says, Hey, I'm good. Everything's fine. I'm on my way home. Has her get rid of him. Then he receives a couple of other text messages as the time goes by. This bill was created to protect citizens. You know, when you have an accident, the goal is not for somebody to come solicit medical services to you directly after that, give you time to understand what's going on and how you feel is the best way for you to get your health taken care of.
Now, as we ran this bill in committee yesterday, there were a couple of points that were brought up and I wanted to make sure I could speak to them. There was a point brought up about a Supreme Court case. And what we found was the response to this particular case, and it was Culpepper versus the Arkansas Board of Chiropractic. And apparently from that verdict, the statement was made that the court found regulation to be violation of chiropractors commercial speech because it was too broad.
It specifically stated, for example, the regulation could have put a time restriction upon which solicitation was prohibited or the regulation could have identified a targeted group such as an accident victim, which could not be solicited. HB 1237 solves those two issues. It gives us specific time, 30 days, before they can be contacted. And it gives a specific target group, those individuals that have been in an accident.
So with that information, we feel like this bill will withstand any court scrutiny as it moves forward. There are a couple of changes that I have committed to make if this bill gets out. One of them is, in the bill, we've got it marked as a Class D felony. We've changed that to a misdemeanor. We will change that to a misdemeanor. Another piece in the bill that I just realized was impacting on it or created unintended consequences was the use of the word Internet. We're going to modify that and give that specific terminology so that it's not impacting some of the businesses that we're not trying to impact. Those two big changes will be taken care of as we move forward to the Senate side. So with that, I'll take any questions. Yes, ma'am.
Speaker Brian Evans [00:58:30] Representative Mayberry, for what purpose?
Representative Julie Mayberry [00:58:32] A question.
Speaker Brian Evans [00:58:33] You're recognized.
Representative Julie Mayberry [00:58:34] Thank you. I very much understand what you're trying to address, and that's awful that someone's in an accident, they don't need the dilemma of then having all these people come to them. And it just adds to the mental health crisis that they might be in. But I want to know more about what amendment you're promising to do over there, and we'd really appreciate the amendment being done before it left the House so we make sure we get it right.
Because here's my concern. Let's just say an orthopedic clinic is going to open in a new community and they want to advertise on social media. So you go to Facebook and you're not targeting specifically someone who had a car accident. You're just saying people within 25 miles of this location. I want them to know that we're here. We're looking for ages from this to this. And my fear is, is that the way that it's worded here, someone who's just advertising to everybody, if it shows up in the newsfeed of someone who just had a car accident that they're going to turn around and have a claim against a very innocent orthopedic clinic that was just trying to say, hey, I'm in the community, I'm new to the community. So is that specifically what's going to be addressed?
Representative Jay Richardson [00:59:55] So that would not fall under this bill. They will be fine. From the statement you just gave, if you look in the bill, it talks about the ones that are excluded from that. Page 2, this section does not prohibit solicitation by targeting direct mail, advertising or other forms of written radio or television advertising. Those things are covered in that. The y are excluded from that. These are individuals that go specifically to a person within a 30 day gamut that have recently been in an accident.
Representative Julie Mayberry [01:00:31] I'm sorry. I don't see that wording that you're saying. I do see that if you're a family member, I do see the 30 days.
Representative Jay Richardson [01:00:40] Page two, line 20. D. This section does not prohibit solicitation by targeted-- you see where I'm at?
Representative Julie Mayberry [01:00:50] That's targeted direct mail.
Representative Jay Richardson [01:00:52] Advertising or other forms of written, radio, or television advertising.
Representative Julie Mayberry [01:01:00] Okay. That's still not Internet. That's still not social media.
Representative Jay Richardson [01:01:07] And I also stated a second ago that I was pulling out Internet. You may not have heard me say that. Internet is on the first page. And I'll be removing that.
Representative Julie Mayberry [01:01:19] I would just appreciate that whatever wording comes through, that you take that into consideration because that's really going to hurt advertising for medical professionals.
Representative Jay Richardson [01:01:29] Well, that is not the intent. So I appreciate your comments. Any other questions? Thank you.
Speaker Brian Evans [01:01:41] Representative Richardson has left the well. Would anyone like to speak against the bill? Representative Pilkington, You're recognized.
Representative Aaron Pilkington [01:01:59] Thank you, Mr. Speaker. I didn't plan to come and speak against the bill today, but as I read it more and heard concerns from some people in the medical profession, I just wanted to let people know that I fear-- and maybe this can be addressed in Mr. Richardson's close. But there's been times when you've had natural disasters and you've had mobile clinics pop up or pharmacy.
Sorry, I'm winded. I was downstairs in a meeting. And during that time, they're trying to, maybe someone else's medical facility was demolished by a tornado, and they're trying to solicit saying, hey, if you need refills on your medication, if you need treatment, come to us. And what worries me is this bill creating a felony for someone who might accidentally run afoul of this law when they're trying to help people is a concern for mine.
So I know he said he's going to amend it on the Senate end. I think we're early enough in the session, we could always just pull it down a minute on this and have a full idea of exactly what we're voting on and proceed that way. So with that, I just ask for a no vote so that we can have a little more time. But if those concerns can be addressed, please address them and thank you.
Speaker Brian Evans [01:03:10] Representative Pilkington has spoken against the bill. Would anyone like to speak for the bill? Against the bill. Representative Richardson, you're recognized to close for your bill.
Representative Jay Richardson [01:03:28] I'm sorry, Representative Pilkington I didn't realize you weren't in your seat. But yes, what you just asked will be addressed on the Senate. And we are removing the felony and making it a misdemeanor. So Senator Boyd and I are already working on that. I'm closed.
Speaker Brian Evans [01:03:45] Representative Richardson is closed for the bill. The question before the House is the passage of House Bill 1237. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. With a vote of 40 yeas, 36 nays 13 present, the bill has failed. Members, after thorough consultation with the parliamentarian, the chair is making a ruling that we will take an ice cream holiday and there will be no Senate bills heard today. Representative Meeks, for what purpose?
Representative Stephen Meeks [01:04:54] Motion, please.
Speaker Brian Evans [01:04:55] You're recognized.
Representative Stephen Meeks [01:04:56] For the first time in Arkansas history, in accordance with House Rule 33 m, I move we adjourn until Monday at 1:30 p.m.
Speaker Brian Evans [01:05:04] That's a proper motion. It is not debatable. All those in favor say aye. Opposed nay. The ayes have it. [Announcements and adjourn]
