Senate Convenes

Yeah. The. Senate will be called to order are there any requests for leave it as far as leave for sender english and then a pay in here are so recognized leave for senders called world car cloud legally thank you senders payment hill made of secretary police call the role bowed leave brand called well the cheshfield clark believe chrome davis dees this man dots and english leave flip out flowers leave gilmore hammer history hickey hill irvin mike johnson mark johnson king ledding leave love mckey murder margaret payton pens out pedding rice stand stubborn field sullivan tell her leave wallace thank madam secretary for everyone in the chamber and in the galleries would please rise for a prayer lead by senator stubblefield followed by the pledge billions center troublefield you're recognized I can members feel about your age father thank you so much for the opportunity it is to be here today and to lift your name up thank you for father for each of our senate college the staff here and I enter the on their behalf of pride for their families and for for them that you just just appall them keep them saving protection for our private each of us is we try to do the business of this state a private she would grant to us a spiritual wisdom. And not hours temperature which could we would do what's best for the people of the state of arkansas that we are the servants and we serve the people thank you most of all four jesus for eleven each of us enough to come and in the dark horrible days in order that we must spend eternity with with the use of day and thank you for all these jesus name immediately. Thanks in a stable field for those words ladies and gentlemen in the galleries welcome to your dial states in it it is our expectation that each of you will extra size proper requirement government yourselves accordingly during the days for singings without objection the rules will be suspended and we will expense with the reading of the journal the morning hours now begun are there any announcements or introductions at this time singer mark johnson thank you madame president colleagues i'd like us to recognize our friends we have a group in the east gallery from the emerging leaders group of the arkansas pavement association they're lead by our friend uh parcasters so few please give him a round of applause and thank you thank you center johnson any other announcements or introductions at this time this time I will answer there are any adams at the desk cinema resolution fab but send chest field to recognize the observance as june tapes on june on june thirteenth twenty twenty four calendar any further business to come before the body in the morning hour if not the morning hour has expired we will now begin the business agenda senate resolution one by senator cheshfield congratulating evans colleague on her retailer from first by this church in authority. Okay. The. Senate resolution one congratulating miss everland sims colleague upon her retirement which you bring the colleague family in. Hi thank you I had anticipated first if you don't man suspending the rules so that I could recognize this day as june tenth in the state of arkansas I know I know i'm doing it but we'll do everyone first in them with digit in south okay mislead out bear with it so my layer someone give me a break right she is you know you all have all chesterfield the kick around in good morning please ladies and general it's just an honor I have so many wonderful churches they come up this way saying you see a future down for yeah them for this is your house this is your head you can right here with me the first missionary baptist church located at cpoa jones in northern liberal is a very unique place unique because it's an aim the street is named after one of the I kind of a civil right movement in city of jones for whom one of our post offices is named located on main street but we are no better in this chamber than the people who support us and that's why I never miss an opportunity to thank the people that we see sitting around this table and so we're there in mind whereas on may thirty first twenty twenty four evidence seems colleague retired from first bathroom church in auguroc after serving eighteen years as the church secretary and handling many other church needs over the last fifty years whereas misses sims colleague took over her role is church secretary from our dear frame kathy baker and whereas prior to our work at first batteries church in novel rock misses sims colleague work at USA more. Life as an eligibility specialist for fifteen years and part time adaptive health medical center as a patient representative in the emergency room for seven years and whereas misses sam's colleague is married to thomas collision market you are thomas white thomas way behind their sounds okay and twelve years of marriage two children melbourne of water texas in mercedes of little rock and whereas it seems colleague also has two grandchildren destiny and a mari and whereas upon our retirement misses sam's colleague is going to work with me I hope it changed to remain active in the church by cooking cleaning and assisting where ever she is needed join me ladies and gentlemen in recognizing missus evalun sams colleague okay so then I would ask for just one moment of privilege so that we could take a picture with this group in any of you who would wish to do it we don't say thank you enough to our secretaries we want to talk about the people that want stuff but these are the people who run stuff so i'd appreciated the senator we're going to formally ask for all those in favor of senate resolution one congratulation evidently sims totally upon her retirement upon spanish church in north letter please take a five percent I pose as hammer to send a resolution one is adopted said it will stay in a research for a moment or two percent and allow me to upgrade to do some representative for their you are next representative jamie scar will also. Senate will come back to order we will now take up senate resolution to. Center resolution to about central chesterfield to honor we should michael mitchell in supervisor mitch offered their service to the twelfth of district of the african method physical church senator chest for failed you're recognized. The. No that your bishop and you the supervisor honor today whereas born august four nineteen sixty he's a baby in pirit florida to the lake river and arthritial mitchell senior in the lade missus mario mitchell we should michael leon mitchell is the ninth of featuring children and whereas join me here and I would ask that reverend hammer he's already here he is supposed to join me here as well I think it's important that the members of the clergy be here to welcome him and mark as well who is a hendrix courier uh whereas while in high school bishop mitchell answer the call to the ministry and preach this trial sermon at seventeen years old on august twenty eight nineteen seventy seven at new saint james african methodist church in jackson be florida and whereas visual mitchell began his ministerial training and study under the african methodisty pisco church in was ordained and I generate deacon in nineteen seventy nine and I tenerate elder in nineteen eighty one and whereas which mitchell's first past to all assignment came in nineteen eighty five at the african method of sea physical church of the master in jackson view florida and he also passed her great mount xian african methodist episode of church in arcadia florida saint look african methods you fiscal church and tamper florida and martin memorial african methods give fiscal church in miami florida and whereas in september nineteen ninety two which mitchell was chosen to succeed bishop robert v wexter as pastor of saint steven african methodist church and jackson the florida where he served the congregation and community faithfully for twenty four years and whereas bush mitchell mary supervisor cordillian mitchell is already sister the owner of missus alice row and the late missus john may and whereas bishop mitchell was elected and consecrated in twenty sixteen as the one hundred thirty fourth bishop. Of the african methodistic fiscal church at the fiftieth quajorial session of the general conference in philadelphia pennsylvania and whereas in twenty sixteen which mitchell and supervisor mitchell were also assigned as the episode of leaders of the wealth episode will district of the african methods you priscable church which incompasses arkansas and oklahoma and whereas which mitchell aided the leadership of the twelfth fiscal district of the african medicine physical church to complete projects begun by his predecessors while supervisor mitchell supported the ministries of the church by working with and mentoring youth promoting health and education and ministering to incarcerated women and whereas which mitchell is actively involved in the social economic and educational needs of the community by serving on the economic recovery task force committee and arkansas is share of the board of trustees of shorter college in jackson theological seminary and it's first vice president of tournament theological seminary board of trustees and where supervisor mitchell is actively involved in many organizations including alpha capable service incorporated the ball city chapter of the links the society for human resources management national association of spellman college the society for human resource management and the national association for the advancement of colored people and whereas it's true servant leaders bishop mitchell and supervisor mitchell possess a heart for the perish and the people which deserves to be honored now therefore be it resolved by the senate of the ninety fourth general assembly of the state of arkansas that the senate honor bishop michael mitchell and supervisor cordillian mitchell for their service to the twelfth district of the african method is the physical church madame president i'd appreciate a good vote thank you send your chest for bill all those in favor of senate resolution too to honor bishop michael mitchell answered browns were convilumental for their service to the twelfth of his old district of the applicant methodists of his cult church please sign the five percent i. Any opposed as habits and a resolution too is adopted thank you mayor answer it we can be allowed to make some remarks thank you so very much I let me say good morning to each of you and certainly we are grateful and thankful on behalf of my waiver supervisor credential mitchell my pardon a ministry and marriage and the total possible district uh to have this opportunity to for us to be recognized today as soon as sender to chest the field and many of you have supported us in our work here in the twelfth deposit district we will not have been able to achieve everything that the law have allowed us to be able to achieve if it had not been for partnership a team effort between the descended the house and the twelve thing because the district so I want you to know how grateful and thankful we are for this day this day for honoring me and my wife and the twelve decades of a district because I believe today that when the twelfth achieve the architects all achieve so we're grateful and thankful for all the jew in part into our lives so we say thank you today for this recognition thank you senator then so we can take the time to allow time for photographs that's good this one alright. Senate resolution three single resolution three best for hammer to recognize the pet cop park in shortly carson's cop park on the occasion of the seventieth wedding anniversary send a payment your record thank you ma'am chair I have two resolutions this morning one memorial this family's coming in on the next one this one is for a member of the church up past or sleep mission about church and tall it's for the recognition brother people copic sits to surely copy on their seventy the anniversary sister surely has served in multiple capacities including updating the church history all the way back to nineteen eighty seven when the church began all way up to recent time and associated completely complete history of the church she has been very active in organizations such as the daughters of the revolutionary army and uh she'd been very active in that but and they're not able to be here in I won't say why they're not able to be here this morning brother peak is a korean war better he served as a forward observer in the korean war it was while he was performing his duties that he stepped on lay in mind and as a result everybody with him except for himself was killed and today still bears the marks of that and he's just not able to get around like you used to be able to get round and it just could make the trip up here in order to be able to recognize for their seventieth anniversary brother peak has been a member of the church the past since nineteen I got to go back and look and see a long time he's been a member of the church that passered since before nineteen forty eight over sixty seven years he's been a member of the church that I passed here and thank you they miss surely's riding him behind him and they can't be here today but seventieth anniversary. Uh with that kind of history of service to our country one give special recognition so with that mancher I would ask that we adopt this resolution thank you senator all those in favor of senate resolution three to recognize carpet and shortly person conflict on the occasion of the seventy at the wedding and please signify the same I opposed as heavy senate resolution three is adopted thank you and please express his service in the we will thank you and he will be present with copy of it we will need to thank you centers we will next take up to senate memorial resolution one sent a more resolution one missing for him to honor the large and contributions of mister current owling burgers send a hammer you're recognized thank you madame president member state before you are the members of kurdish first and family and misfear myspherea courtesy wife of uh six four years not a be here today due to her health and so she is not able to join the family the resolution you have before you yesterday we celebrated kurdish's life we didn't have a funeral uh we celebrates life because curtis and let me just reduce a statement that was in his obituary it says that he had the ability to live wife with a hundred percent intentionality punching a straw in the middle of life and drinking all that that it had to offer a read that stay my thought what a way to live life and we wanted to recognize his life here before the senate chamber because and I know that all of us have that sounds like kurdish something courtesy would be right there yeah. The. Yeah that's a that's great it's a emergency alert that shout pay a few new cardish that was turned us doing that for sure kurdish we all have I conscion our community encourages and icon in our community because if you drive to slain county and you look off to the right where the walmart is and brian well the first singer seasonally furniture and why it down here is one down to runs ashley furniture there and bright but you look behind that you see all that development by cracker barrel and walmart and all that new development going back there that something the courage had the vision to start bark his son raise your hand down there is one that takes care of that runs there it's a family own business but kurdish was an individual that established insulin county a large footprint that helped put sling county both bent and brian on the map as far as a place to be in want to be being the second faster scroll in county in the state and a lot of that's attributed to the visionary uh capacity that bird that uh kurdish had to see a couple quick stories about courage you've been idea who was kurdish went on over five mission trips with the use from how chapel that the church where I was on staff for over sixteen years a kurdish richie a brother courtesy richie who's down on the other hand and the red coat or call rich encourage was in the car richie down on the other end that's one of the red coach he would she used past hall chapel kurdish would go with them for over five trips and they would go all over the country one time going up into candidate and carl told the story about how that as they were at the capital of canada though should know the sirens and lights and all those things started going off and kurdish came around the corner carl asked her said what you do this time and that was about the time that kurdish said well I found a door that was open and he went into the prime minister's office and sat down and just had a visit to give you an idea of the boldness now the example what kirsted was they are up at the end of five hundred. And he managed because he was where and maybe a placard that had been made up and family was able to go with them and managed to give his way on to the race track and grow up into the period crew and that's just the kind of person he was that he was not afraid to take on the challenges of life and it was show you this morning this is to resolve the care kurdish and vira is his family the stands before you you are a lot times we read you know the sitation the resolutions but one thing it was said at its funeral yesterday that just I think it's probably as valuable as to resolutions while our reach you get from his personal bible and firm his personal biable at the top of some chapter ninety one he has written in his own handwriting these words a chapter to live by he who dwells in the secret place in the most high shall remain stable and fixed under the shout of the almighty who's powered no man or no folk and was stand I will say of the lord he is my refugee my fortunes margaret on him I lean to rely and in him I have confident fully trusting for then he will deliver you from the snare of the fowler and from the deadly pestilence then he will cover you with his opinions and under his wings you shall trust and find refuge his truth in as faith from this or shield in a buckler you shall not be afraid of the tear of the night nor the air of the evil plots and the slanders of the wicked that flies by day nor the pess that stocks us in darkness nor the destruction in the sudden death the surprise and lay wage at noon day a thousand may fall into side and ten thousand it's right hand but it should not come near you only a spectrum shall be yourself in accessible in a secret place for the most high and your witness the reward of the wiki because you have made the larger refuge and the most high year to only place their shallow evil before you before you're nor playing or clamity come near your ten for he will give his angels a special charge over you to accompany a defend to preserve you in all the ways and obedience. Service they shall bear you up on their hands less you dash your put against the stone and usual tread upon the line in the added the young line and the serpent show you trample under food because he has said his love upon me therefore I will deliver him I will set him on high because he knows and understand my name and has personal knowledge of my mercy love and kindness trust and religion may know and I will never foresake him nor leave him he show call upon me and I will answer him I will be with him in trouble and I will deliver him and honor him with long life I will satisfy him and show him my salvation at the top of some ninety one he has a chapter to live by kurdish first and lived by those words and that's why god blessed him to be successful and you see before you the evidence of god's blessing in his family here today and with that I would appreciate a good vote on the resolution or hammer all those in favor of cinema moral resolution one to honor the life and contributions at mr curtis burgers and please signify the same eye any opposed as habits and it memorial resolution one is adopted thank you also made a president i'd like to say to the family yesterday two flags were flown over this capital they'll be presented to you bark wide in honor of your dad's time and service short community you'll receive two flags have been flown over this capital so thank you and may I have a moment for a photo for photographs. The. The. This time we want take it up senate resolution five but we'll first send a chance to fill there is a motion to suspend the rules to take better yes I would ask for a vote to suspend the rules so that we may take a cent resolution fire although some favor any hours and I would not order nearly ask this but today is a very special day today as june tenth june nineteenth and in june nineteenth eighteen sixty five was the first that citizens of galves and checks and many other. It's slaves across this country found out that they were indeed free and so we come to celebrate june tenth as a day of freedom for the african american community and I think for the community at large but by recognizing that we recognize that we are the people know that each and every one of us has value and that this country's history of slavery should no longer exist in this state recognize this holiday sometime ago upon my motion and so engalested texas on june twenty eighteen sixty five slaves recognize that they were indeed free they'd been hearing about it since eighteen sixty three but it was only then that it became official this holiday now as a national holiday it is one of those that I am especially proud of for our country and especially for those who were my ancestors finding out that no longer where we channel slaves but we were moving toward the equality that this country stains for and so I would ask for the vote on this motion that we celebrate the recognition of june tenth i'd appreciate a good bill single resolution for about seven chest fill to recognize the observance of june on june that ten twenty twenty four bank december all those in favor of center resolution find to recognize the observance a june teeth on june nineteenth two thousand and twenty four please sign a five percent I don't know any opposed as have it sent resolution five is adopted thank you madame chair thank you members. Next we will take up house bill ten o two send a crowd house for ten october so to crow to increase the home set poverty tax credit and to require a report concerning the homestead property tax credit and the balance on the property tax relief trust her colleagues this is the same bill as uhm yesterday hit the house sides to increase property credits credit from four twenty five to five hundred out of the trust of any questions that you need any questions for sender anyone wish to speak against four four sender who are pretty close appreciate a good vote thank you then it'll have closed any objection to rolling the boat madam secretary please roll the boat bowed brand call chesterfield clark crowl davis these this min that's an english flipper flowers gilmore hammer hester hickey hill arvin bike jants and mark johnson king blooding live mackey moduck patent pins out heading rice stone several field sullivan tucker wallace any senator wish to change his or her boat or vote that has not voted sender dotson not voting any other senator wish to change his or her boat seen no other please cash up the ballot by a vote of twenty seven yay zero and one night boating house bill ten o two passes please return to the house they'll now take it house bill ten. Oh one house but ten or one months into this mind to read it to reduce the income tax evident individuals trust a state in corporations to transfer surplus funds to the arkansas reserve funds set aside player and emergency center this may or recognize this bills are difficult to send a bill one which we voted on have previously appreciated it vote in and we have to take any questions any questions for center of this month anyone which will speak against the senator has closed there are repairs at the death and secretary would you announce them central called well yes sir chesterfield no senate for tackle no sentence gill more yes central board yes since no. Send a clark yes no. The. I am secretary please call the role point yes branch called well yes chesterfield no clark yes crawl crow davis days this man that's an english unleave flapper flowers only gale more yes hammer hester hickey hill arvin like johnson mark johnson king blooding on leave love now mckey murdoch no titan in so in so period stone stepperfield solemn turker no wallace any senator was to change his or her boat for about you did not boat. Seen no one please cash up the balance by vote of twenty eight ya four nay house bill ten oh one passes and the corresponding emergency clause is adopted please return to the house at this time i'll recognize whilst me chairman senate pension thank you madame president earlier this morning the senate rules committee met to consider some of the governors most recent appointments a copy of the list of those appointments is on each of your respect of desks with the exception of tami browning the rules committee recommends confirmation of the entire list with a single batch vote consistent with that recommendation I intend to move for the confirmation of those same appointments in a single batch before I make that motion are there any other names on the list that members would like to pool from the bed and vote separately send a flip on that body but I don't question on for port trustees for ourselves for court costs is not sure that there's no couple of divisions between tech and family council so if you could send this manual recognize not untaught to courier in he's committed to not convert this dad over tech matters okay well passed by my concern thank you any other questions and then before if there's no one else has a question on this batch or that pool and any others outside of sullivan you are recognized sender sullivan has requested to explain from boating on the ba. Thank you sender madame president with the exception of tami browning and move that to senate confirm the gubernatorial appointments enumerated on june nineteenth twenty twenty four floor list anyone wish to speak against for four sender has closed all those in favor please see five percent I any opposed as heavy the airport mentioned appointments are confirmed the rules committee voted on tami burning's appointment separately more specifically the rules committee expressly voted to recommend rejection of ten tami branding's appointment to the arguments all real estate commission without objection to me brownings appointment to the arkansas rules the commission is rejected check to noted. Yeah. Man president consistent with the rules committee's recommendation a move that the senate reject tami branding's appointment to the arkansas real estate commission motion to reject the recommendations anyone who wished to speak against the motion center hester you're recognized. Who members really i'm just come down here to talk about process I don't know this person but I know that when we reject uh an appointment from the governor we usually have a a reason was the process not followed properly says person that we have found is someone of poor character of poor decisions have a committed something that some made some bad choices it means that they're not qualified for this for this role or are they not qualified and some particular reason now it's my understanding of this individual meets none of those criteria right that they're a good abstaining person um the governor's office is confirmed to me that on two times they've talked with the with a senator that represents this this person into that senator twice a firm affirmed that appointment and nothing has been brought to me that says that we should not affirm this appointment now look this body can do whatever we want to do about normally we have a valid reason that this person is not fit not qualified or the process wasn't followed it's to my understanding all those things happen on know that the governor supposed to confirm with the real estate commission and verify with the governor's office that uh on two different occasions they confirmed are up discussed this with the real estate commissioner or people on the commission so anyway that that's my position will vote how we want to vote but normally normally we have a valid reason if we reject a governor's appointment anyone wish to speak for the motion to reject the recommendation a question senator rise your recognition this this is a very central clark constitution and add up three percent clark here so evidently uh he has left a statement thank you. My apologizing or what was your question did you have a question to i'm sorry I was one may try to listen to the car since this is sent to parks constitution and I see center clark is not here and then he's not statement with anybody we do not have any a statement thank you thank you clarifying I push I get sender pay in your recognized thank you madam president II guess in life of what center history is there that i'd like to know the rules committee what reasoning was used to recommend the rejection of penzo you'll recognize thank you madame president statute eh seventeen forty two two or one a section be the governor shall consult the arkansas realtors association before making an appointment to fill a vacancy senator hester just came for us and said that they consulted I believe twice with a real estate commissioner and it was the same commissioner it was not the real estate association I when I was initially inquired about it I was told by the office uh defined consult with their response consultant means something different to me than just a unilateral here's who we'd like to have appointed there was no discussion to discussion was how with a commissioner that the governor knows well in it never left that was never discussed within the commission but the statute says shall consult with the archeology association which is a different entity so the. Proper process was not followed so we can discuss they've been this room probably has a different idea of with consultant it's to me it should be a discussion not just to unilateral request with no response but there also been said. Appointment process should operate differently differently we've precedent doesn't always match our rules or statute and some of that needs to be cleaned up in the next legislative session so I personally feel uhm that consultation did not take place the following followed most of my send repayment thank you for that candidate II may not live sorted it out in in what I heard as far as association versions of commission going but the either entities raise an objection to the rules committee along those association are the routers commission no okay thank you madame president thank you sender king do you have a question and then send her hammer I see he had raised some sinner pinso I mean then along it up just because this is not followed right now me basically you can even save this could be a part and then maybe go back and be resubmitted after your concerns or address brought I mean this person could be reappointed active your concerns or address that you did stay so we can reject it today but that don't mean that there could be resubmitted and they could possibly follow or take your issue or look into it and then we could come back and really arguably yeah that that could take at least I think that a lot of several this is this is a process that tap in several times in the past we're senators have not been contacted about appointments on this one uh believe it did take place but I think that our our procedures need to be followed that are in statue sender hammer. They can purchase the couple of questions similar we voted out everybody else so i'm taking the position that everybody else had been consulted with as far as the commissioner the entity uh that that that was done on all the others we've already voted out here you know that to be a fact will it's my my understanding there were no objections made by any the members I usually request you know people to reach out to me in let me know if they have any issues with the appointment so II receive no objections from any of the home district senators did you receive an objection from senator clark on this one I did not receive room objection from synagogue clark okay and then just for my knowledge is this a new appointment for a reappointment has miss browning served on in this position before she brand new branding and the other the previous. Previous uh chairman uh is probably the most experienced commissioners on the board of the most experienced realtors I know so I mean it's AAA great last to the commission and I take pretty seriously that the real state commissions are to protect the people and I think that somebody needs to be on the board that understands the laws and then the last thing based on the debt based on your understanding of the definition of communication and communicate your stating that on all these others by your definition it was mad not not not every statute is written the same this specific appointment section of statute states shall consult with not not all of them require that level of communication between the governor's office in any any board and the purpose is the commission in the association or two separate entities so so they ruled committee did not feel that there was enough consulting that occurred for disappointment to be made here by this party today was that the position of the rules committee in there I could I could uh we could assume that I not every member spoke to the reason by the boat okay thank you center gillmore you're reclased just so I understand so been so what what is your motion doing exactly your your your motion is to reject this person means meaning that their name can't be brought forward or you're just basically holding until we're we're upholding the decision of the rules commitment the rules committee made a recommendation my motion is to. Alone with the recommendation recommendation of the rules committee I understand so i'm just trying to figure out what it means to reject at that at all because II don't know that i'm familiar with that as doing this before well we we've we've not approved people but I don't know that we've made motions to reject so i'm just trying to figure out what is the what what does that actually entail what does that do previously there was a motion made by a member of the committee or i'm sorry of the body in previous appointments that we've rejected the motion failed specifically rule seventeen no appointment shall be brought before the senate for confirmation that is not received a favorable recommendation by majority vote of the full membership of the rules committee except on suspension of the rules so that is set up in my interpretation to be just like any bill that fight fails in the committee it should never come to the floor but precedent of this body in the past has been to bring the bills before I made a statement without objection there is an objection by senator history so therefore that's why we've never got to this point because uh in different circumstances another member had made a motion that failed with another appointment. Follow up recommendation or your more for a follow up question thank you madame president so yeah I understand that basically if we don't take a vote on person they're not confirmed meaning they're not appointed which is the same as a rejection well that's where I don't know then that's why i'm simply asking because I don't know my understanding we weren't taking basically weren't taken a vote on this based on what happened in the rules committee but now that we have emotion on the floor that there is a rejection that's where i'm trying to get some clarification can we which we ask our parliamentary which was triggered by the objection of senator history but yeah the parliamentary we'd like to add something recognized must be the rules committee's responsibility is to tender a recommendation to the body the body is the deciding entity with respect to giving or torrilla appointments and so the rules committee might interpretation of our rules doesn't have the authority six members of the rules committee doesn't have the authority to decide for the senate whether an appointment is either confirmed or rejected their responsibility is to present a recommendation to the body to then make the ultimate determination that that recommendation can look a number of different ways it can be a recommendation to confirm an appointment it can be a recommendation to reject an appointment and to your point I think there is a distinction with the difference if it is a recommendation not to confirm I think that's potentially different than a recommendation to reject the war specifically places and emphasis on rejection in the affirmative so so I don't know whether this individual is currently serving in this position or not but. Regardless they are allowed to serve until rejected and so in times past we have said that we will not confirm someone and that's not taking him out to a rejection but it's also not a confirmation and so the rules committee this morning in very specifically voted to recommend rejection and they are now bringing that recommendation to the body for a vote because it is the body who ultimately decides whether an appointment is confirmed rejected or dealt with in another way okay follow up one more follow up center morning thanks for the latter two minute president so II guess what i'm trying to ask is if we vote on this motion to reject this person's name can never be brought forward again for consideration in this body which concerns me given the fact that I want to make sure like everyone that we follow process and I don't think that we should just reject someone based on a trying to ascertain whether or not we fall a process so we want to determine whether we're following process or not that's fine and we can hold this person name until we figure that out but I don't want to penalize someone to be punitive to someone over the fact whether we're followed process would you agree center opens or I would do as prominent turn is that accurate that a rejection would prevent I can read from the statute period if an appointment is rejected by the senate the person rejected shall not thereafter be eligible to serve in the position or exercise the powers of the position unless the appointment of the person is first approved by the senate and so I think if the appointment is brought back to the senate after rejection in the senate thereafter decides we want to confirm this appointment the person is allowed to serve. But once rejected and tell the senate acts differently that person is to no longer exercise the powers of that position thank you thank you madame president saying that you sooner thank you voluntary thank you sender other questions I see center data and send out a more and still pay for you or go and let all them thank you mattress probably so if I understood you correctly there you're saying that if this desperate would take eighteen to reject right now to confirm her to pass this motion and that would reject and start them from being able to serve in the capacity until they were either reappointed in the future and confirmed in the future they just would never be able to but if we voted to not recommend or not confirm they make it continue to serve in that capacity and tell the replacement is confirmed by the senate that's correct II see a distinction with a difference between not confirming someone and rejecting someone if they are rejected or if the rejection vote fails they would neither be confirmed nor rejected and so they would continue to serve intel either confirm the rejected so if this this motion has to have eighteen the past correct is good and if it doesn't pass the making continue to serve or they would be able to eligible to serve and tell the replacement is subsequently confirmed by the senate they have not been rejected and so they would continue to sort out thank you send or hammer these to have a question would you restate the motion please. Consistent with the rules committee recommendation and move the senate reject tami browning's appointment to the arkansas real estate commission senator hamer follow up they should I think was just said is that a is that the propromotion that we are taking a vote to accept the committees recommendation to reject or we actually voting to reject or we actually voting to not go along with the recommendation of the committee will it's you you're if i'm understanding the main tier is that the the center reject the appointment the body because I mean with upholding the recommendation of the committee thank you center patent and then send a mark johnson another following must get more madam president thank I may have a question for the parliamentarian answer to pennsylvania from parliament material and first I guess I have we suspended any rules and can you speak specifically towards the rule that he quoted says we are not to take up a matter if if it's not been confirmed by the city balance committee sure the way that I read that rule is that we are not to vote for confirmation unless an appointment has received a favorable recommendation from the committee this is not a vote for confirmation this is a vote for rejection to conclude that even in individual who is rejected resoundingly in committee i'm not. Saying that that was necessarily the case but to conclude that that person to ever get to the floor and have the body decide on that issue would have to receive a favorable recommendation would affectively of this rate the role of the rules committee and so the way I read that rule is that it is a it is a limit on the bodies ability to fault on up to vote to confirm in individual who has not received a favorable recommendation for confirmation from the rules so is that not exactly what we do with bills in every committee I mean a bill doesn't come out of committee without the committee voting it out and we would have to take an action to pull it are extracted from committee uh so I don't see how this would be any different I wouldn't have had to make any kind of action wouldn't have to made emotion or take any action in but there was an objection so the objection triggered emotion to be necessary so back to the fact that when we have a bill in committee in the committee votes a recommendation of do not pass those that handled on the center for comparing that to this situation a bill can die in committee I think that there is AAA distinction in this situation because some of these appointments are serving and tell rejected by the senate and so uh bills aren't effective until rejected by the senate and so there's a there's a slight distinction there but you know ultimately this is this is my understanding of the rules and if the body feels differently about its rules it can express that position okay thank you thank you matter president center mark johnson you're recognized thank you madam president. Ah mr tree rule seventeen point three says there's no appointment shall be brought before the senate for confirmation that is not received a favorable recommendation by majority voted the full membership of the rules committee except the posts pension of the rules so the way that i'm reading this it appears there are pinsoles pending motion could pass with eighteen volunteers but if for example it that motion failed someone could make a motion to bring miss browning's confirmation back up but that would require twenty four votes to suspend the rules am I reading that rule correctly in your opinion that is I read the right and that would be the equivalent of extracting a bill from a committee well i'll point matter president that all good respect to my friend so you're payton we have a specific rule in the book about appointments it's different from the way we deal with bills and and I think that is a mr tree might very clear you know we don't build it and take effect when it's pending an appointment could in many as some instances take effect while it was pending prior to consideration by the senate am I staying that correctly in your best european union I think you say well okay thank you mom and that's probably something we should state change in statute that people shouldn't serve until the senate confirms the appointment that's that's been sticky in the past were people of service modes and then been removed from so pendle I would certainly go along with you to review this and make sure we have clarity and transparency in in in arguably consultation with the home district senator should also probably take place instead of just notification so those are some things I would like to address in the upcoming legislative session thank you madam president thank you. Thanks in a chance and center picking your right yes and call someone what you're trying to figure out the difference between the commission and the association you said the statute actually says the association correct guy is the association itself might have been a board or does it have some capacities there's there's leadership in is it's association of of realtors that represent interests of realtors the real state commission is there to pretty much keep realtors and check in deal with licensing and make sure they're adhering to the lot okay I have you or any of the members had any contact with the association themselves where they don't want this to happen or they do want it to happen the the the association in the commission have not made any statement uh in support of in either direction they haven't got involved and they shouldn't be involved they should I do not think so I mean I think they should have been consulted with there's the statue reads but nobody from the commission or the real state association has expressed I guess as my I guess as mass trouble with the thing is okay so the commission I guess is actually the one that would normally regulate it we have a statute that actually says the association and it's important though they are going to have to say whether they agree or disagree I mean I hear what you're saying you don't think they should get involved but if our statute is saying they got to be consulted on the front in at the at this point uh in this in this debate I would rather both parties not be involved okay well for political reasons on I understand what that's going to but that they they should have been consulted with in my opinion on the front end prior to the appointment that being made because that's at the statute reads so is the association though our date or they might have of a board yes okay so they have a board you having members that is or. I couldn't give you the exact number of members but it's it's it's a large association but I don't know how many board members specifically like senator gill more you're recognized send to their more your recount for it thank you so members I spoke with center pinso earlier this morning when I first learned of this and as I told him i'm inclined to support members in there issues and working to resolve those issues and if the process was involved followed then we should follow the process and I think we should take the time to figure that out didn't know that this was going to play out this way and when we talked and I hope you can appreciate that so with that I make a substitute motion to refer this name back to the rules committee to where it can be discussed heard and understand whether or not the process was followed to with that madam president my motion is to refer back to committee. Okay so thank you sender get more so this will require two separate votes the first motion to substitute which is available and so anyone who wishes to speak against the senator galemore's motion to substitute the sender mark transcend your recognized and please keep a man when the motion to set to two panels to send a rush or recognize required to have a certain number of members significant is taking subsidy referred to parliamentarian treat we will vote on whether or not to to accept the substitute motion that's a majority of those voting if we vote in favor of the subsidy motion in the substitute motion will be main motion in front of us and it's a motion to rerefer and that would be a an eighteen vote threshold it does not require a sec cinemark jounting a recommendation madam president colleagues she don't know I get cannot hung up on the rules I actually read this thing types the rules committee had its hearing it's required under rule seventeen uh they did not have the the nominee in question did not receive a favorable vote and as I ask mr tree if I was correct and he confirmed my that I was correct to pass the motion that this lady is rejected and I my understanding is that's not a permanent rejection she doesn't is an ostrosite forever he could point out could come back in the body and the committee could change their mind but in this instant moment she is not eligible to be confirmed unless. She gets twenty four vote in the body. So I would well I think the direction that I would go is very similar to the the compromise at center gilmore's trying to put forth I think we are important that we follow the rule process that if I would feel a lot differently if miss browning was ostracized forever and could not be eligible to do this but the fact that it's not a permanent blot or or bar for her service on this or any other border commission we should follow the rule we should vote on senator pinzo's pending motion and it would require eighteen votes to pass if it if it fails at that point then the senate would have in order a motion to confirm her not with standing the objection by the rules committee or the failure to uh recommendation favorable recommendation for the rules committee because the suspension of the rules is necessary to overcome that failure to recommend by the rules committee so I would urge us to not to vote no on the substitute come back and deal with this according to what the book says thank you matter pretty thank you senator mark johnson does anyone wish to speak for the motion again this is senator gilmore's motion to subsidy send your hammer your recognized. More speed for and maybe it can be cleaned up with uh center penjo come behind me but you know the one thing that I haven't heard this is a discussion not so much about the qualifications the integrity of miss browning who's under question I think it needs to be stated very clearly that nothing to this point has been said that would call into question her qualifications per ethics her morals her values all the things that we want to see represented on an appointment such as this and if that is true in the case and what we are debating is process that is between us in the ministrator branch but sometimes whenever somebody has the name or the term rejected associate with their name is for reasons that you might find where they haven't risen to the level so I think it's important for misbrowning that that clarification is made that this is not a rejection because of anything about her to my knowledge if somebody else has some different needs to be stated but otherwise for the public who's going to be listening to this or what's going to get reported we need to make sure it's not about those things it's about the process within us in this body is the reason for this discussion for that reason it might be a good thing to send it back to committee to to clarify that parliamentary inquired bonus send a month chance in your recognized there's nothing in real seventeen states the word rejection are possibly so though could use the term not approved or not confirm but there's nothing in it uses that word rejecting so you're normally clicher would you consider an eat circle hammers appropriate question. That this lady would would be not approved but would they redward rejection which is not in the room could be something that's that based on what is in the real work it's not confirmed with that allows to proceed with this matter without her having this this negative connection in a house must treat it address that I understand your point the law requires rejection otherwise you have the opportunity to serve the what the law says as you serve until rejected by the senate the word rejection is in the statute if it's not in our room book and real seventeen the new bad my quote is thank you mister sender love your recognized matter present mister treated this one little clarification is missing browning currently serving in that position right now I don't know the answer to that you you might have information on that but but I don't know either way some appointments do so as soon as they are qualified and serve until rejected by the senate and so if the senate doesn't take it the issue they continue to serve on confirmed also not rejected but i'm confirmed and other cases are positioned to do in a crew and tell confirmation and so II don't know if this is the situation occasionally we also get appointments that are prospective in nature so she is setting up a the next person before that person's office triggers and so I don't know the the the needy gridy of this particular appointments details okay could we could we. Could we get their information before we try to make a decision to his heart here's the the issue that we're facing if misbrowning is currently serving their work on a interrupt the business of the little state commission or the association are whoever so I think that's important to know if she's seven and nine other she is seven okay alright thank you I think we got a clarification based on the website and alcohol real estate permission miss browning is currently solving an experience with based on the information that website send your hickey yes for a question from this yes yes just our parliament period of course emotion between before it right now and I know we're trying to all this at the motion before it right now more is from everything that you stay within our rules and and the legislation of the status it's out there is there anything important about sender gilmore's motion to refer it back to the meeting no II think I think we have we have even held names in committee uh to two further considering so everything you say this is a proper motion I think so send repairing your recognized in this is for mister treat thank you manager so I might be the only one that has this question but we we we have the recommendation of the committee to reject and I thought you said earlier that you could reject or just vote not to confirm that either one of those could be the recommendation from the committee or they are many they go you said it had to be reject so what's what's to get to that when then i'll get my other two the the committee could recommend a number of different things to affect a rejection. You have to you have to have a recommendation to reject in the senate body has to reject that that appointment to to not confirm I think is a distinction with a difference that would accomplish a different goal okay thank you follow up with you so the recommendation is to reject and if that motion passes then it sounds like she will be immediately off of that seat if that motion does it pay us the the she continue on until something else is taking up later or what happens that if it does it pass if if the motion to reject failed then she is neither confirmed nor rejected at that point I think the appropriate action would be to refer her to committee and take it the issue a new and decide definitive outcome but but not necessarily during this special session okay so rejection means she vacates if if we don't pass that then she continues to serve and it gets referred or however they handle the process from there thank you send a brian I recognized that you made a president so it both motions fail what is the outcome she has neither been confirmed nor rejected and so she continues to serve until rejected so what it goes back to committee or automatically or what it is holding a member until this body refers to as I think we would re refer it to committee and senators if everyone wants to get out of piece of paper and when I ask mr repeat they are again and again. And again so we all get it if she is not rejected cheese keep continues to serve if she's confirmed she serves that will have to boat several times on there so remark johnson you're recognized thank you madame president and i'm not making it about face on what I said a while ago however there's enough confusion especially that the point that's brought out that in some cases a person when their appointed serves until the senate acts one way or the other and other cases they don't it's clear that it's not clear and so I withdraw my my comments earlier and I would I would now vote for senator gilmore's motion because I want to to allow to subsidiary and then I will vote for motion because I think we we don't want to do anything that we would be difficult to undo if we delay this while the rules committee can work on it and and get us some some clear answers then I think that makes for more fish use of a government is it your question from maysar half health text and the rights question manager recognize thank you senator johnson and what the rules committee meet it yeah is this an issue where we were free referring and we don't meet until the ninety fifth general assembly because this body is alexander pinso answered it by my understanding is that the committee meets quarterly so is that quarterly it meets quarterly so they're no more than ninety days so that this body have to me in a business thirty to approve the rules I don't know the answer that I would defer to our parliamentary and mister treats nodding that it is the case so thank you so thank you members so at this point send a pins over your few things they were brought up that i'd like to. To clarify you know who's mentioned that we don't want there to be the impression that it had to do with the appointment's character I just want to come down here publicly state that uh I don't know tami browning this is nothing to do with her character church she's a great person uhm so just want to clarify it has nothing to do with her character uhm qualifications my understanding is uh she hasn't been in the business as long as the previous chairman of the real estate commission i'm not going to not here to see anything negative about her term service or the amount of business or we're not going to get into that it's just that the other person is vastly more experienced that was on the commission I think it probably did the citizens of the state of the service for her not to be reappointed to the commission I also think that this is soon in this back to committee pretty much has the same effect as confirming the way that statutes and rules are written out that person continues to serve until rejected so they will continue to serve until they are rejected by this body so it has the effect of confirmation without confirmation they can serve unconfirmed indefinitely till the dark expires so I guess my question to the body would be why do we have a rules committee. That is not been the president set forth by this body and previous legislative sessions so therefore we are basing a lot of this decision on how to proceed with the body on president not necessarily would it says in our robot because a robot clearly states they should not come to the floor without suspension of the rules which I stated is pretty much just like extracting a bill from committee that failed so if that's what we want to do is a body. Is why do we have any committees I mean the integrity of the committee we have to determine if that's important to us so this has a lot to do with following how appointments are supposed to take place based on statue narrow book and if we want to change those we can do that in january and I think we should there's a lot of cleanup that needs to take place I know senator stone has been working on some things in so to to clean up some appointments uh some of the issues with conflicting rules and conflicting statutes and what would confirmations are confirmed in which ones are uh there's even some disagreement between the senate and the governor's office on which ones are supposed to have confirmations we've actually rejected the appointments in this body that are serving today because they weren't supposed to be rejected they were supposed to be confirmed by the senate but they were still sent to so there's a lot of ambiguity that needs to be cleaned up but I would just ask that everybody vote no one's in this back to committee and vote to uphold the rejection thanks they depends on we will now take up senator gilmore's motion to substitute some real more would you like clothes thank you madame president I appreciate my colleague senator pinso you know he he made some good points about maintaining the integrity of the committee process which are fully respect and I think most in this room in this chamber certainly do as well and I think that's exactly what we're doing by sending this back to you committee I think they'll have the opportunity to fully vet it to figure out the process perhaps it wasn't followed if it wasn't. Ah and work through that and the senator is the chair of that committee so therefore he will be fully engaged in that process so with that as for a good vote on the substitute motion again I don't want to penalize someone who is currently serving who I think was already sworn in just because of uh basically what's transpired here and for today and I think there's a better way to work through that process so that uh that person doesn't have to deal with the fact that now her appointments been rejected and she's kicked off of something through no fault of her own so with that thank you and I asked for a good vote thanks sender bill more and again the members this is a motion to substitute this will be in our voice voting majority of those voting in order to pass this is not the motion to refer this if they motion to substitute so without all those in favor and they motion to substitute please sign up and the same I opposed to as habit of she here will now take it the motion to re refer to send a bill more you're recommended thank you president get members i'm not going to be with the point you know we're voting on and as for a good vote thank you anyone wish to speak against the motion to reward anyone wish to speak for sender has closed this vote does take eighteen total all those in favor of please signify by saying I proposed as have it ocean curious ocean persons. Okay. So the recommendation will be referred back to the rules committee other announcements or business sender hester you're recognized thank you ready for my motion okay hey members i'm gonna explain this motion here a little bit because we're we're ahead of the house they're still they're doing resolutions first as we did and they have not passed which would I would argue most important thing the because we have finished business on the tax cuts okay but they have not finished the game and fish appropriation yet II have every confidence they're going to do that it just has it came up on their calendar yet okay so i'm going to make a motion here and second that we signing down subject to how significant that makes sense so like we normally just sunny down more done if you would rather we can recess for an hour or so and sit in the back here until until they finish but but know this with my motion that we signed up subject to them sony dying if they're become some issue with the game and fish appropriation I might be texting you all saying hey we we have to we have to come back in here not don't foresee that happening I think we've talked a lot of members we think that it's going to be no problem down in the house i'm just trying to be as transparent as as possible then it makes sense so i'm going to ask us to sanita subject to the house but if there is an issue I hope you're not too far away from from town but I think they're they're nearing the end of the resolutions and II suspect it will be you know probably they'll be finished over there no questions from that i'll go ahead and read my motion after conferring with the speaker the house of representatives in determining there is no further business to come before this. Senate in the second extraordinary session and the four general assembly are move that the senate that juror sanitar subject to the house adjournment sanitar and give the house consent to do the same subject to clearing of the desk thanks all those in favor of senators motion please sign the part of say now any opposed as have it motion could be good so there was a lot of signal said it will buy what cares an announcement to make members additional remain legislative council as the rest of the week you're on legs like council border to be there we have subcommittees starting uh after the house in the same both officially adjourned uh good committees tomorrow and for calculator thank you. Thank you send her a job in saving on home.