Feb. 5: House Floor transcript

Table Of Contents

Speaker Brian Evans I invite the members, press, staff and press in the gallery to stand and be led in prayer by our house chaplain, Brother Richard Hamlin, senior pastor of Faith Baptist Church of Cabot, and remain standing for the Pledge of Allegiance to be led by Representative Lane Jean. [Prayer and Pledge]

 

Speaker Brian Evans Members, please indicate your presence by pushing your yellow present button. Prepare the machine, Madam clerk. Has everyone notified their presence? Cast up the ballot, madam clerk. With 99 members present, chair sees a quorum. Are there requests for leave? [Leave for Rep. Breaux] Representative Matthew Shepherd moves that we dispense with the reading of the previous day's journal. No objection, so ordered. Are there any reports from select committees? Madam clerk, you're recognized. 

 

Clerk [House Rules: House Bill 1056, House Bill 1380, do pass]

 

Speaker Brian Evans Thank you, Madam Clerk. Are there reports from standing committees? You're recognized.

 

Clerk [State Agencies: Senate Bill 3; Insurance and Commerce: House Bill 1378, Senate Bill 133, House Bill 1184, House Bill 1193, House Bill 1287, House Bill 1309; Agriculture, Forestry and Economic Development: House Bill 1279, House Bill 1278, House Bill 1372, House Bill 1373, House Bill 1374, House Bill 1375, House Bill 1376, House Bill 1377, House Bill 1385; City, County and Local Affairs: House Bill 1145, House Bill 1196, House Bill 1311, House Bill 1324]

 

Speaker Brian Evans Thank you, Madam Clerk. Is there any unfinished business? Any executive communications? Thank you, Madam Clerk. [Announcements] Representative Painter moves that we place Senate Bill 45 back on second reading for the purpose of amendment. Without objection, read amendment number one, Madam Clerk. 

 

Clerk Amendment number 1 by Representative Painter. 

 

Speaker Brian Evans Represent Painter, you are recognized for your motion. 

 

Representative Stetson Painter Thank you, Mr. Speaker. Colleagues, all this does is just as adds me as a House sponsor to this great bill of the session. Appreciate a good vote. 

 

Speaker Brian Evans Representative Painter has explained the motion. Would anyone like to speak against the motion? For the motion? Representative Painter is closed for the motion. Question before the House, place amendment Number one to Senate Bill 45 back on for second reading. All those in favor say aye. Opposed, nay. Ayes have it. Your motion is passed. Madam clerk, please send that to Engrossing. Members, that's the end of the morning hour. Madam clerk, please read House Bill 1181. 

 

HB 1181: Nurse Midwife admitting privileges (Passed)

 

Clerk House Bill 1181 by Representative Bentley to amend the full practice authority of a certified nurse midwife to allow admitting privileges. 

 

Speaker Brian Evans Representative Bentley, you're recognized to explain your bill. 

 

Representative Mary Bentley Speaker, colleagues, I don't have to tell any of you what we are facing in our state with maternal mortality and our infant mortality across the state, something that we have been focusing on quite a while. Some of our new members may not understand that in 2019, this body passed a bill to require the establishment of the Commission for Maternal Mortality Review Committee so we can find out why women are dying in Arkansas, and how important it is that we look at the statistics and see what we can do to change things. 

 

So during that time, I started really studying it and had actually studied it much before. It was a passion of mine, maternal health, without a doubt. So looking at other states, and we wanted to look at them. One of the best things we have as a state legislature is looking at what other states are doing. What are other states doing that have much better maternal health than us? And one of the biggest things that they were doing was establishing certified nurse midwives. Arkansas-- I had no idea-- was the most restrictive state in the entire nation when it came to certified nurse midwives. We had the least amount of certified nurse midwives. We had the least amount of deliveries by them. It really was affecting our maternal health. 

 

So in 2021, we passed a bill to give full scope authority to certified nurse midwives. But unfortunately in the bill, I did not give them admitting and discharge privileges. So they cannot admit patients. So this bill fixes that. And I know some of you aren't aware of the difference between a certified nurse midwife and a midwife that delivers at home. A certified nurse midwife has a bachelor's degree, and she worked for a couple of years in the labor and delivery. And then she goes on to get her master's and becomes a certified nurse midwife with another two and a half years of experience and another 840 hours of practice. 

 

So she's a very experienced, very knowledgeable and they do amazing job. I was able to have a certified nurse midwife with my first two deliveries. And I can tell you, the next two were with a physician, I much prefer a certified nurse midwife. So I want to see that option to women in Arkansas. So with that, pretty simple, but I'll take any questions if anybody has any. Seeing none, I thank you all for a good vote. 

 

Speaker Brian Evans Representative Bentley has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Bentley is closed for the bill. The question before the House is the passage of House Bill 1181. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. By a vote of 96 yeas, two nays and zero present, the bill has passed. Madam clerk, please read House Bill 1245. 

 

HB 1245: Arkansas Behavior Analyst Registration Act (Passed)

 

Clerk House Bill 1245 by Representative Clowney to create the Arkansas Behavior Analyst Registration Act. 

 

Speaker Brian Evans Representative Clowney, you're recognized, explain the bill. 

 

Representative Nicole Clowney Thank you, Mr. Speaker. Colleagues, this bill deals with behavior analysts who are a group of professionals who work with children with autism. This may look familiar to some of y'all. If it does, it's because we worked hard on licensure last year for this group. Last session, excuse me. That bill made it through the House and the Senate and was vetoed by the governor, who did not want to present any barriers to people working in this field to continue doing so. 

 

So over the interim, we got to work and came up with this solution that the governor's office is now good with. So the problem is-- sorry, I'm trying to get this microphone right. The problem is that these individuals work, as I said, with children with autism. This is a highly vulnerable population. And right now there is no place for parents of these children to go in Arkansas to receive oversight of the care they are providing. This bill aims to provide that oversight in two ways. So let me just explain to you what it does. This bill creates not a mandatory license, but an entirely optional registration. Providers of behavior analysis can register with the state. 

 

That registration then falls under the oversight of the psychology board, to whom parents will be able to take complaints. This does not prohibit anybody who is currently practicing behavior analysis from doing so. If they don't register, that is totally their decision. It balances that liberty to practice what they're already practicing with the ability of parents to kind of, on the front end, know the provider that they are choosing for their child on the front end. If parents want to know that, they can go to an Arkansas board for oversight, they can go to this registry and choose a provider. 

 

But again, it does not prevent anybody who is already practicing from doing so. That's basically what the bill does in a nutshell, but I'm happy to answer any questions. 

 

Speaker Brian Evans Representative Underwood, for what purpose? You're recognized for a question of clarity. 

 

Representative Kendon Underwood You said that the governor's office was good with the bill. Does that mean that they are supportive of the bill or they're just not against the bill? 

 

Representative Nicole Clowney Well, I mean, we worked on the solution together. I wouldn't want to put words in their mouth, but I was told the governor's office is great with the bill. I got text confirmation of that just a few hours ago.

 

Speaker Brian Evans Representative Richardson, for what purpose? You're recognized. 

 

Representative Scott Richardson And I'm a little curious. We are using the term registered in this, and we're being very specific to say anyone who is not on this list cannot use the term registered. Is there any other requirements from an education process or anything else that would elevate an individual to a status of registered for this particular purpose? 

 

Representative Nicole Clowney No, it's simply registering with the state. The requirements are that you have to pass the national certification, which everybody who practices already has, and then submit to a criminal background check with the state of Arkansas as well. The surety that these are good providers comes on the back end, right, when they have been on the registry for a number of years and have not had complaints filed against them or disciplinary actions taken. 

 

Speaker Brian Evans Representative Lundstrum, for what purpose? You're recognized. 

 

Representative Robin Lundstrum What is the cost to get on the registry and who-- I believe it says the psychology board supervises it, but what is the cost? 

 

Representative Nicole Clowney The psychology board will determine that. It just kind of depends what the fees are that they need to cover things like the criminal background check. 

 

Representative Robin Lundstrum Follow up. 

 

Speaker Brian Evans You're recognized. 

 

Representative Robin Lundstrum Will that be something that's passed through state government will supervise that? Will there be a discussion on what that amount is to register? 

 

Representative Nicole Clowney I believe that will come through Rules. 

 

Representative Robin Lundstrum Okay. Thank you. 

 

Speaker Brian Evans Representative Ennett, for what purpose? 

 

Representative Denise Ennett I want to speak for the bill. 

 

Speaker Brian Evans We're not to that yet. But you will be recognized. Members, any other questions? Seeing none, Representative Clowney has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Ennett, you're recognized to come to the well. Representative Clowney, would you like to close for your bill? Representative Clowney is closed for the bill. The question before the House is the passage of House Bill 1245. Prepare the machine, madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot. By a vote of 75 yeas, 15 nays and four present, the bill has passed. Madam clerk, please read House Bill 1310. 

 

HB 1310: Abolish defunct Newborn Umbilical Cord Commission (Passed)

 

Clerk House Bill 1310 by Representative Gramlich to amend the Newborn Umbilical Cord Blood Initiative Act, to abolish the Arkansas Commission for the Newborn Umbilical Cord Blood Initiative, and to declare an emergency. 

 

Speaker Brian Evans Representative Gramlich, You're recognized to explain your bill. 

 

Representative Zack Gramlich Thank you very much, Mr. Speaker. House Bill 1310. This simply abolishes the umbilical cord blood initiative commission. The commission did a great job bringing our umbilical cord blood bank into existence. It is no longer necessary. It hasn't met in three years. No new appointments. Ultimately, all the power would fall under UAMS and the ADH. I'd be happy to answer any questions. Thank you. 

 

Speaker Brian Evans Representative Gramlich has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Gramlich is closed for the bill. The question before the House is the passage of House Bill 1310. Prepare the machine, Madam Clerk. Members, your one vote is for the bill and the emergency clause. Has everyone voted? Has everyone voted? Cast up the ballot? With a vote of 96 yeas, zero nays and zero present, the bill and the emergency clause has passed. Madam clerk, please read House Bill 1199. 

 

HB 1199: Removing loophole in school board transfer decisions (Passed)

 

Clerk House Bill 1199 by Representative Barker to repeal the statute concerning the prohibition against a school district board of directors granting a legal transfer under certain conditions. 

 

Speaker Brian Evans Representative Barker, You're recognized. 

 

Representative Sonia Eubanks Barker Thank you, Mr. Speaker. Members, House Bill 1199 deals with board to board transfers regarding schools that are under some type of a deseg related court order. Removing the language changes nothing in the school's responsibility under that order. It can't, but it doesn't. Just to assure you what it does do is it closes a loophole for bad actors, and it supports and strengthens the integrity of the board's vote-- both boards, the releasing school board and the receiving school board. The department is in support of it. It came out of House Ed unopposed. I don't know of any other position, but I'd be happy to try and answer any questions. Seeing none, I'd appreciate a good vote. 

 

Speaker Brian Evans Representative Barker has explained the bill? Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Barker is closed for the bill. The question before the House is the passage of House Bill 1199. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot. By a vote of 95 yeas, zero nay and one present? The bill is passed. Madam clerk, please read House Bill 1236. 

 

HB 1236: Allows school employees to request dated contract release (Passed)

 

Clerk House Bill 1236 by Representative Joey Carr to allow a public school employee to be released from his or her contract by a certain date upon his or her written request, and to declare any emergency. 

 

Speaker Brian Evans Representative Carr, you're recognized to explain your bill. 

 

Representative Joey Carr Thank you, Mr. Speaker. 1236, it creates a statewide timeline to implement and for human resources and contract with public school employees. Right now, the school districts are kind of on their own. They're not calibrated. This will calibrate them. When I came up with this idea, I started talking with the AAEA, Dr. Hernandez and a group of superintendents that serve on the legislative committee within the AAEA. They liked the idea because this puts it across the board the same way it helps them to schedule. 

 

And what it does is for teachers or public school employees, if they have an opportunity to go to a different district, whether it be to promote within in the event they want to take and promote and become an administrator out of the classroom, or if they could find some district that they could teach at that's closer and would shorten up their commute, this would provide that opportunity. So I started with the superintendents and worked my way toward the teachers. 

 

The date we came up with is May 15th. That calibrates them for all across the state. It's a win win. This creates an opportunity for teachers. And the superintendents are in agreement with this day. And I would just like to say I appreciate the 20 to 0 unanimous vote in the House Ed Committee. I would entertain any questions at this time. 

 

Speaker Brian Evans Representative Carr has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Carr is closed for the bill. Question before the House is the passage of House Bill 1236. Prepare the machine, Madam clerk. Members, your one vote is for the bill and the emergency clause. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. With a vote of 95 yea, 0 nay,0 present, the bill and the emergency clause has passed. [Announcement ]Representative Jean, You're recognized to present the budget calendar. 

 

Budget Bills: All passed

 

Representative Lane Jean Thank you, Mr. Speaker. Colleagues, we've got one supplemental appropriation. That's going to be the first one, House Bill 1128. This is Leg Audit. What they're doing is adding ten more part time student help to try to train and get some more auditors interested in the business. So that's going to be help. $47,000 is what we're adding to their budget for the rest of this year. Any questions? Your one vote is for the bill and the emergency clause. Mr. Speaker, the clerk read the bill a third time. 

 

Speaker Brian Evans Madam Clerk, read the bill for the third time. 

 

Clerk House Bill 1128. 

 

Speaker Brian Evans Prepare the machine, Madam Clerk. Members, your one vote will be recorded for both the bill and the emergency clause. Everyone voted? Has everyone voted? Cast up the ballot. By a vote of 97 yea, zero nay, and zero present, the bill and the emergency clause was passed. Representative Jean. 

 

Representative Lane Jean Thank you. Mr. Speaker, colleagues, we're going to take the second bill up by itself. This is House Bill 1153, Department of Agriculture. These used to be freestanding bills. These are all now all the promotion checkoffs. When I go sell some cattle at the sale barn, after everything is deducted out of my money, I pay a dollar for the promotion. Same thing for the catfish. Same thing for the rice board. Same thing for the soybean board. It's not general revenue. It's not adding to the cost of beef. This is coming out of the producer's pocket only. Any questions? Your one vote is for the bill and the emergency clause. Mr. Speaker, have the clerk read the bill for the third time. 

 

Speaker Brian Evans Madam clerk, read the bill for the third time. 

 

Clerk House Bill 1153. 

 

Speaker Brian Evans Anyone like to speak against the bill? For the bill? Representative Jean is closed with the bill. Prepare the machine, Madam clerk. Members, your one vote will be recorded for the bill and the emergency clause. Has everyone voted? Cast up the ballot, madam clerk. Vote of 96 yea, 1 nay, and 2 present, the bill and the emergency clause is passed. Representative Jean, You're recognized. 

 

Representative Lane Jean Thank you, Mr. Speaker. The rest of these are either a four year institution or two year institution of higher education. This is the appropriations. The governor has already declared what their money would be on when we had our balanced budget back in November. As I recall, when you tie in the four and two year schools, it's about $200,000 less than it was a year ago. So when it comes to the RSA, there is no increase in the budget overall for higher education. I've had a member asked to pull one out of the batch. We're going to batch all of them. 1265, University of Arkansas Little Rock, member request that we pass over that for the day, and we'll honor that request. But we're going to pick up at [House Bill 1225, 1226, 1227, 1228, 1229, 1230, 1231, 1233, 1234, 1247, 1248, 1249, 1260, 1261, 1264. And skip to House Bill 1266. Do I need to pull any of those out for any reason? Out of the batch? Seeing none, you're voting on the batch, and your one vote is for the bill and the emergency clause. Mr. Speaker, have the clerk read the bill a third time. 

 

Speaker Brian Evans Madam clerk, read the bills for the third time. 

 

Clerk House Bill 1225, House Bill 1226, House Bill 1227, House Bill 1228, House Bill 1229, House Bill 1230, House Bill 1231, House Bill 1233, House Bill 1234, House Bill 1247, House Bill 1248, House Bill 1249, House Bill 1260, House Bill 1261, House Bill 1264, House Bill 1266. 

 

Speaker Brian Evans Thank you, madam clerk. Madam clerk, please prepare the machine. Members, on this batch, your vote will be recorded for both the bill and the emergency clause. Has everyone voted? Cast up the ballot, madam clerk. By a vote of 99 yeas, zero nay and zero present, the bills and the emergency clause have passed. Members, we'll go back to the red calendar. Madam clerk, please read Senate Bill 16. 

 

SB 16: Increasing penalties for shooting at a train (Passed)

 

Clerk Senate Bill 16 by Representative Rose to amend the law concerning the discharge of a firearm at a train, and to increase the fine that may be imposed for the discharge of a firearm at a train, or for throwing other objects at a train. 

 

Speaker Brian Evans Representative Rose, You're recognized to explain your bill. 

 

Representative Ryan Rose Thank you, Mr. Speaker. Good afternoon, colleagues. SB 16 is an act to amend the law concerning the discharge of firearms at trains. This is a law that's been on the books since 1893, and we are simply modernizing Arkansas Code 23-12-804. And the focus of this is to simply modernize the law that we do need on the books. This says we are not okay with people shooting at trains or throwing other objects at them as well. There are instances around the country where these things have happened, lead to train derailment, loss of life. It is fairly rare, but this came at the recommendation of the Second Amendment Task Force and the Game & Fish subcommittee. At this time, I will take any questions. 

 

Speaker Brian Evans Representative Pilkington, for what purpose? 

 

Representative Aaron Pilkington Question. 

 

Speaker Brian Evans You're recognized for a question. 

 

Representative Aaron Pilkington Thank you, Mr. Speaker. Representative Rose, I'm a little confused here. So, are you telling me currently, the way the law is, I can go outside and shoot at a train and not get in trouble? 

 

Representative Ryan Rose You would get in a slight amount of trouble, and the fine ranges from $25 to $250. 

 

Representative Aaron Pilkington For the price of 250 bucks, I can shoot at a train? 

 

Representative Ryan Rose If we pass this law, it becomes an A misdemeanor. And the fine is then on par with A misdemeanors. 

 

Speaker Brian Evans Representative Rose has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Rose is closed for the bill. The question before the House is the passage of Senate Bill 16. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted?. Cast up the ballot, madam clerk. By a vote of 91 yeas, two nays and zero present, the bill is passed. Madam clerk, please read Senate Bill 15. 

 

SB 15: Removing fine specific to deer hunting (Passed)

 

Clerk Senate Bill 15 by Representative Beaty, Jr. To amend the law concerning negligent discharge of firearms while hunting deer and to repeal code 15-43-205. 

 

Speaker Brian Evans Representative Beaty, you're recognized to explain your bill. 

 

Representative Howard Beaty Jr. Thank you, Mr. Speaker. Members, honored to present Senate Bill 15, which is an act to repeal the law concerning negligent discharge of firearms while deer hunting. This law dates back to 1947, 1965. And if you read the bill, it gives the history of it, that there was negligent discharge. Basically it was shoot and then see what you shot. 

 

So this is a law that has been on the books since '65. You look at it, it was a very serious nature. The fine at the time was a $100 fine in 1965. That would be equivalent to a $1,000 fine and up to $10,000 in today's money. So this basically repeals this law. We have other laws on the books for negligent discharge. Deer hunting was the only type of hunting that has a law against negligent discharge. It's an outdated, unneeded law. And we're repealing that with your vote today. So I'd appreciate a good vote. 

 

Speaker Brian Evans Representative Beatty has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Beaty is closed for the bill. Question before the House is the passage of Senate Bill 15. Prepare the machine, madam clerk. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. By a vote of 97 yeas, zero nay, and zero present, the bill is passed. Members, we're going to pass over Senate Bill 13 today. Madam clerk, please read Senate Bill 46. 

 

SB 46: Changing name of East Arkansas Community College (Passed)

 

Clerk Senate Bill 46 by Representative Hollowell to reflect a merger between the University of Arkansas and East Arkansas Community College by changing the name of East Arkansas Community College to University of Arkansas East Arkansas Community College. 

 

Speaker Brian Evans Representative Hollowell, you're recognized to explain your bill. 

 

Representative Steve Hollowell Thank you, Mr. Speaker. Colleagues, this is a real simple bill. This just reflects the merger between University of Arkansas and East Arkansas Community College by changing the name of East Arkansas Community College to the University of Arkansas East Arkansas Community College. So all it does is just change the name. So I appreciate a good vote. 

 

Speaker Brian Evans Representative Hollowell has explained the bill. Would anyone like to speak against the bill? Would anyone like to speak for the bill? Representative Hollowell is closed for the bill. Question before the House is the passage of Senate Bill 46. Prepare the machine, Madam Clerk. Has everyone voted? Has everyone voted? Cast up the ballot, madam clerk. By a vote of 97 yeas, one nay, zero present, the bill is passed. Representative Milligan for what purpose? 

 

Representative Jon Milligan Motion. 

 

Speaker Brian Evans You're recognized. 

 

Representative Jon Milligan Pursuant to House Rule 33M, I move we adjourn to 130 tomorrow afternoon. 

 

Speaker Brian Evans That's a proper motion. It's non debatable. All those in favor say aye. Opposed nay. The ayes have it. Do I have any announcements from committees? Representative Jean, for what purpose? 

 

Representative Lane Jean Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative Lane Jean Joint Budget will meet at 9 a.m. tomorrow morning. Big Mac. 

 

Speaker Brian Evans Representative Underwood, for what purpose? 

 

Representative Kendon Underwood Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative Kendon Underwood House Judiciary will meet tomorrow at 10 a.m. 

 

Speaker Brian Evans Representative Cavenaugh, for what purpose? 

 

Representative Fran Cavenaugh Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative Fran Cavenaugh Rev and Tax will meet at 930 on the steps for a picture tomorrow. 

 

Speaker Brian Evans Representative Wooldridge, for what purpose? 

 

Representative Jeremy Wooldridge Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative Jeremy Wooldridge Public Health will meet tomorrow morning at 10 a.m. Room 103. 

 

Speaker Brian Evans Representative Brooks, for what purpose? 

 

Representative Keith Brooks Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative Keith Brooks House Education will meet in the morning at 10 a.m. 

 

Speaker Brian Evans Representative Maddox, what purpose? 

 

Representative John Maddox Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative John Maddox Insurance and Commerce will meet in 15 minutes in room 149. 

 

Speaker Brian Evans Any other announcements from committees? Seeing none, the desk will remain open as needed for the reading of the bills and upon completion of the items named in the adjourn motion, the House will be adjourned until 130 tomorrow afternoon. Representative Rose, for what purpose? 

 

Representative Ryan Rose Announcement. 

 

Speaker Brian Evans You're recognized. 

 

Representative Ryan Rose In the absence of our chairman, I believe we are instructed State Agencies, we're going to be meeting after adjournment today as well in room 151.