Act 1002 amendment unlikely, state Senate, House leaders say
Gov. Asa Hutchinson on Tuesday called on the General Assembly into a special session starting today to enact his proposed legislation that would change state law to allow local school boards to decide whether to require students younger than 12 years-old to wear a mask in the public schools.
But Senate leaders said they doubted that there are enough votes in the Senate to enact the legislation.
The special session is set to convene today at 10 a.m. in the state Capitol.
It would take a majority vote in the 35-member Senate and 100-member House of Repre
sentatives to approve legislation to change Act 1002, and it would require a two-thirds vote in both chambers to approve an emergency clause for the bill so it would become effective upon the governor’s signature. Otherwise, the bill would become effective 90 days after the governor’s signature.
Senate President Pro Tempore Jimmy Hickey, R-Texarkana, told reporters that there aren’t 18 votes in the Senate to approve Hutchinson’s proposed legislation, and “as of right now, I don’t see us getting it this week.”
Prior to Hutchinson calling the special session on Tuesday afternoon, Hickey said he didn’t think it is worthwhile for the governor to place his proposed legislation to change Act 1002 on the call for the special session.
“I would rather that not be on the call if we [are] for sure that it is not going to pass just that, so we can monitor it a bit closer,” Hickey said, “so possibly in a week or two weeks or three weeks maybe something changes that legislators believe at that time we can do it.”
“Sometimes when somebody already has taken action on something it is hard to go back to it, so that’s my reason for saying it,” Hickey added.
At his news conference, Hutchinson said that “I presented a bill that is in draft form that is ready to go, but if there is better ideas or other ideas that’s the will of the Legislature as long as it is within the parameters of that call.
“I have spoken with Sen. Hickey and [House Speaker Matthew Shepherd, R-El Dorado] both and it is very clear that there is many that just don’t want this in their lap,” the governor said. “It clear to me some school superintendents don’t want it either, but this is the call that has to be made and that’s the process that’s set up, so we may or may not get there.”
Hutchinson said he wants to give the Legislature a chance to help protect children younger than 12 years-old and give local school boards flexibility.
Senate Republican leader Scott Flippo of the Mountain Home told reporters that the vast majority of the 27-member Senate Republican caucus is adamantly opposed to changing Act 1002 and “I don’t see that changing.”
“We are hearing from our people back home,” he said, and “that’s why I think why you starting to see a growing number of Republicans that are becoming resistant to changing anything with Act 1002.”
The Legislature enacted Act 1002 because “we believe that individuals have the right to make these decisions for themselves and not government,” Flippo said.
Asked if lawmakers would change their minds if a few children died from the Delta variant in the public schools, he said, “First of all, nobody wants see anybody die.”
Flippo said parents’ options include having their child wear a mask, learn remotely or home school.
Senate Democratic leader Keith Ingram of West Memphis said that Hutchinson’s proposed legislation has a difficult path in the Senate.
“I am completely bewildered,” about the lack of support for Hutchinson’s proposed legislation int he Senate, he said.
Ingram said one of elected officials’ first jobs “is to take care of our people … and this is just irresponsible.”
Through a spokeswoman, Shepherd said there are still conversations ongoing, but he does not believe there are enough votes in the House to make revisions to Act 1002.
House Public Health, Welfare and Labor Committee Chairman Jack Ladyman, R-Jonesboro, said he did not believe there would be support among representatives for a bill changing Act 1002 based on feedback from constituents.
“The emails, the calls that I’m getting, and the texts, and you know one day I got more than 1,000, and they’re running nine to one to leave it the way it is…, so when I’m getting that information from my constituents in my district I can’t vote for it,” he said. “If nine out of 10 people in my district want to leave it the way it is, that’s the way I’m going to vote. My job title is representative so I’m representing those people.”