State Agencies & Govt'l Affairs- House

Here's signed us to speak for against any of the bills on today's agenda. There's a sign up sheet just outside the The back door there the last last or of just outside okay you signed up out there and staff to pick that up and they'll get it to me and I'll make sure you get recognized. So the first order business today you Committee is we're going to be take care of the constitutional amendment as many of you have spoken to in partition and told you That I met with a voluntary in and concerning the rules on a constitutional amendment and what that rule is is that we can only pass out one constitutional amendment at a time so we have a second one and we want to come back to it has to be a resolution and start owning saying has starred on the Senate committee on and and work its way back before both the house so here's what we're going to do today the the constitution amendment that receive the most points from this committee obviously as AJ R. one thousand six by representative Pete Lundstrum if this committee there's no need for us to re hear this it's already been presented this committee you made a vote on it as for is what do you like it or not this is one that to committee overwhelmingly picked as our number one choice so all I'm going to do at this point is is to read the sponsor the bill is at the end of the table and if we pass this bill out then we will not hear the other constitutional amendment if some reason we don't pass this bill out they will go to the next Constitutional amendments it's on the agenda for only going to pass out one today so representative Lundstrum is at the end of the table and if any of you have a question for her of the concerning this constitutional amendment or I should say her age she H. J. R. one thousand six now it's time to ask that question before we take a vote. Saying none. What's the pleasure of the Committee representative Bentley. We have a motion of do pass on HJR one thousand six is there any discussion on the motion. Saying none all in favor say aye. All opposed say no. The ayes have it. Rep congradulations representative lotion that obey the constitution amendment that will go to the house floor so thank you colleagues okay so what year at the end of the table with that. While you're at the end of the table without objections on I'd say you've got another bill on today's agenda yes Sir it's house bill eighteen twenty nine without objection so centrifugal oceans already here and already on the table if you'd like to go ahead and present that bill yes Sir thank you Sir this law basically amendment clarifies how we handle sexual assault kits and allows for how we handle the anonymous sexual assault kits they would be sent to the state crime lab for cataloging and be held until they are pulled back by detective right now they are all over the state whether they're in a hospital or they're in a state law or excuse me a police lock up there's no controlling effort done with these this would put them as safely in our state skews in our crime lab. Any questions from committee members representative make sure recognized for a question just quick crime labs cable to do this have plenty of capacity to handle this we are very blessed to have very competent personnel in a crime lab and this is where it should be. Any further questions from committee members. Say none Rep represent macro you have questions. Do pass a pro problem pop time okay represented lotion you're recognized close with the bill Collins I would just ask for a do pass this is something we desperately need to have done in the state of Arkansas and I'm very confident that the state crime lab can handle this. Representative McElroy has a beta motion do pass represent your motion was close with the bill any discussion on the motion. Shane none all in favor say aye All opposed say no. Does having graduation bill is passed thank you colleagues and thank you for your time okay. I know there's other committee members you could committees going on at this time and I know some of you need to be another committee is or a but if you don't have another committee may meeting going and you I really need to get to those sponsors that have need to be another committee so if you're here would you just gotta let me know you're here representative to ward. Without objection Committee we will go to. Thank you Mr chairman committee house bill as bill eighteen oh two yes Sir thank you when you're recognized thank you I would ask for Ronnie Baker to join me and I don't know if All right and also Marcia Moffett join me at the table. Your gas to densify themselves to the committee and you're recognized to present your bill. I'm Marcia Moffett on the executive director for the Arkansas society of certified public accountants. I'm Robbie Baker on also represent the Arkansas society of CPA's. Represented one you're recognized thank you Mr chairman this bill is a request made to me by the Arkansas state board of public accountancy the secretary of labor and licensing also supports this it will allow the governor to quickly address a problem that has arisen here's what has occurred the that is made this a pressing issue a board member passed away unexpectedly in November another board member resigned unexpectedly this past March. That left only five board members two of those five or serving on expired terms because no appointment has been made and the board president's term ends in August of this year this bill would do three things to address these problems first of all it would allow the board to retain some institutional knowledge and experience during a high turnover period secondly it would allow a board member to serve one additional five year term it would eliminate and unnecessary age restriction for one position and it would remove obsolete language I've always loved working with this group because the request of always been good common sense bill request this to me is another sound request and I would appreciate a good vote and I'm happy to take any questions. Representative war is presented each bill any questions from committee members. Say none represent the one you're recognized close we bill I am close for my bill and I would appreciate a good vote represented going as close with this bill let's see representative Bentley. I have read have a motion do pass any discussion on the motion. Jane none all in favor say aye. All opposed say no. Congratulations your bill is passed thank you Mr chairman thank you Committee. Representative Cavenaugh understand or waiting on you and another committee if you would just have a seat at the end of the table. Committee members representative Cavenaugh will be presenting house bill. Twenty six eighteen twenty six. Thank you Mr chair Fran Cavenaugh state representative district thirty. Committee this is a bill that was actually worked out together with the IDF may as many of you all know we have a lot to constituency contact us about issues with maybe and the interpretation of some statutes when it comes to collecting taxes and this is the way they try to make sure that the auditors and the D. F. and they are actually trained on how to understand the laws and what is required so it's going to set some guidelines for definite a follow one thing that's also going to do is change how many hours someone has to have in a county when they're hired in and the FMA this was a request currently it's twenty four they're asking to drop it down to twelve because it's getting hard to find those people with twenty four and the twelve still allows them to have the knowledge they need to know but be able to hire quality people it's also going to show that they're going to give a report to the Legislative Council while I'm on litigation that's actually involved when it comes to a sale tax issue so that they will actually notice I'll see everyone know what's going on and that's really what the bill does And with that I'd take any questions. Any questions from committee members. Say none but represented you're recognized close with the bill I appreciate a good vote this is a common sense way to try to be able to make sure auditors out there looking at our people don't overstep their bounds and were able to get our people better representation out in the field representative Cavenaugh is closed for the bill which players Committee. I have a motion do pass any discussion on the motion. Say none all in favor say aye. All opposed say no. Regulation does have is that the only bill you have on our agenda that only one thank you share thank members. Any other sponsors me the bills on today's agenda that needs to be another committee representative Gazaway if you have one. Three. Okay you're recognized go the type. Committee members representative Gazaway will be presenting Senate bill three sixty three. Representative Gazaway you're recognized to present your bill. Thank you Mr chairman colleagues this concerns reports of improper or illegal practices. that are found by legislative audit this comes to us from legislative audit also the attorney general's office basically. All the bill does is it says that their findings that relate to an entity of the state the legislative auditor shall report the findings to the chief fiscal officer of the state and the Attorney General so we had Attorney General there on the second page we also add Attorney General. and then if there findings that we we delete some language that relate to prosecuting attorney's offices but if I think the thought there is that those are also entities of the state and since we added Attorney General's office earlier in the bill that that would apply to prosecuting attorney's offices also and then we add that the legislative auditor shall notify and cooperate with the appropriate prosecuting attorney and the attorney general on all matters that appear to involve a criminal offense and then we had this once again Attorney General the last portion of the bill upon request and with the approval of the cochairs of legislative joint auditing committee legislative water shall cooperate in any other investigations by the appropriate prosecuting attorney the Attorney General once again just. anticipating that the Attorney General will be involved in that in in future investigations as well as prosecuting attorney's division of Arkansas State Police and other state and federal law enforcement agency so that's what the bill does and I'm happy to answer any questions. Any questions from committee members. No one signed up to speak for against the bill represent you guys wrote you're recognized because we bill thank you Mr chairman that for those of you sat in audit meetings before you know that it's not uncommon that there would be there's findings of improper or illegal activities by state actors state agencies municipalities etcetera and this just simply authorizes the Attorney General look into those as well and this is with the approval of audit so that make a motion to pass appreciate a good vote. And you guys always close with the Bailey made a motion to pass any discussion on the motion. Saying none all in favor say aye. All opposed say no. Congradulations the bill is passed thank you Mr thank you Committee thank you hello everyone you had on to does it gender yes thank you thank you. Any other sponsors it need to they're waiting on you another committee meeting. I mean the bills on today's agenda if not then we'll go back to the Regular agenda. First one is house bill fifteen ninety three representive along. Okay Senate bill sixty two representative Wardlaw. House Bill fifteen ninety six representative ray. House bill eight correction sixteen fourteen represented by all. We say this. Okay take any action. House bill seventeen forty eight representative battle you're ready to run that bill. Thank you chairman colleagues some of you may not have been here in twenty nineteen we passed a convention of states of amendment here in Arkansas so this bill will set in place which I think is a very wise to do before a convention of states gets call just put some place what we will do the house in the Senate to drop members that were that will represent us at the convention of states so I think it's important for us to have something set in place we're not doing it at the last minute of you guys will see just gives the house the Senate. Some of. People that we will elect delegates and then one from our constituents out there so pretty simple bill anybody has any questions I'll be happy to take a. Any questions from committee members. Representative to any recognized for a question thank you Mr chair sorry representative Bentley I'm just catching up on this this is just sure in the case that that the office of the president this doesn't take a position on whether a convention happens or not notice simply like I said since of something in place for us to beforehand know how we're gonna select or delegate so we're not doing it at the last minute. Any further questions from committee members. Say none representative Bentley you're recognized to close with your bill I'll close again folks that is things that good idea for us to have something in place we're not doing at the last minute when I was going to happen should this happen which I hope does one day and with that I'll make a motion to pass representative medleys closure the bills have a motion of do pass any discussion on the motion. Shame none all in favor say aye. All opposed say no. Does having regulation bill is passed. Next on today's agenda is house bill seventeen forty nine I understand representing members you're going to run that bill first representive shields. Representative Kevin Cramer's you're recognized to present your bill. Thank you chair thank you committee this bill is is represented Schultz bill he was running it for another member so I'm running for a guy who is running it for a guy all this bill does is it allows the department public safety to purchase uniforms for employees of the law enforcement safety office right now I think they can purchase it purchases once a year so this just allows them to do that as well. Any questions from committee members. Say none representative you're recognized close we bill I'm closed appreciate a good vote representatives closure the bill what pleasures Committee have motion representative Scott motion do pass. Representative got motion do pass have a motion do pass any discussion on the motion. Jayne none all in favor say aye All opposed say no. Regulation bill is passed thank you Sir thank you any. Thanks on today's agenda is Senate bill seventy one Senator Solomon. That serve you would just have say dirty of table you're recognized to present HB of committee members I'm not make you aware of so we have an amendment. Staff will be is handing out the amendment at this time so Senator hold up just second what we get the amendment distributed. And while they're doing that committee members but point out to you on Senate bill seventy one just so you know as of now we have a twenty one people signed up to speak in regards to this bill twenty one people seven four fourteen again it's just so the Committee on low. Let's hear the amendment first and then I recognize you for your for your motion. Committee members you should all have the amendment in front of you if you need more time to signal if not senator Senator Solomon. You're recognized to present your amendment. Thank you chair and good be back in the house at the end of the long table looking down so I appreciate it we have just to and a lot Page eleven line fifteen just delete gender and substitute sex and Page eleven line twenty four delete negligently and substitute knowingly. Any questions from committee members represent amendment. Say none Senator you're recognized too close to your amendment I'm close thank you. Represent Senator Solomon is close with the members all in favor say aye. I'm a motion. All with a motion to adopt. Yeah okay thanks to all in favor say aye. All opposed say no amendment has been adopted you now recognize president the your bill as amended thank you Mr chair folks I know this is a a big bill probably one the most important bills we have run this session of the Arkansas would be the tenth state to pass this legislation. And unlike what was quoted in Arkansas business the other day it hasn't set any of those dates back a hundred years. It hasn't set him back thirty years matter fact California has had this legislation for over thirty years we just haven't seen all the things that have been proposed and we'll come back to that later here we just recently had a tornado down here in Little Rock and we talked about in the Senate I'm sure you talked about in the House to about people going from house to house asking what they could do to help asking what they're critical needs or you need water you need food and electricity no one stopped to ask what your race gender color was it was all based on your need that's what this bill does it bases all the government it entity of the government need bases on your merit on your need and it only touches education hiring and procurement so all that you've been hearing about it's going to end this and got in that it just is not true. Matter of fact our Attorney General has worked on this bill with us quite a bit. And he says that this bill brings Arkansas closer to our constitutional issues and he is fully reviewed it and there are no constitutional issues with it it was said in the Senate that this bill would close the mosaic Templars center and the UAMS summer camps not true. It was said that in recruiting higher read if you were recruiting certain as to its students for college this would in that I talked the Attorney General not true. This bill again does not end affirmative action in Arkansas it is it in in state affirmative action. and it prioritizes critical need. It also to remember that what's going on here statewide is diversity equity and inclusion that's just the same at the other side of the same very same coin. You know some things are believe because they're demonstrably true but many other things are believed simply because they're asserted repeatedly and reputation has been accepted as a substitute for evidence I don't think anyone disagrees that discrimination is wrong it's morally wrong and it's wrong in every case and there's not one case where further discrimination has cured discrimination if you're looking at the bill I like to run through it and folks I know I try to go through quickly with you. And take questions I'm looking at page two on line three words strike civil rights the idea as mentioned in Arkansas business that the bill strike civil rights across all Arkansas law is just flat. Wrong it's a lie it's just not true the reference to civil rights there is just a general reference the specific correct references desegregation and nondiscrimination responsibilities that's what the government's doing and you look down in sixteen you said again striking civil rights that's a generic reference to civil rights nothing to do with civil rights in Arkansas Arkansas. You look down in line thirty on page two concerning the equity equality assistance center. We strike equity and move to a quality photos are two completely different words equity references quotas. Equities references quotas that's not what we're doing. Yep just to look at a couple of other things on page three we had someone contend that of this equity assistance center there's nothing that prevents anyone from keeping retention plans and I'm looking at line nineteen there's no and twenty. Twenty one further there's nothing in the bill that speaks and says you can't have plans on retention so matter of fact if you look at the learns Act one of the biggest things in the learns Act is designed to retain teachers not based on immutable characteristics but based on their merit and quality folks that's what we're trying to do and you'll notice all through this this section that is stricken and talks about education this mirrors what our governor is done in the learns Act it puts quality at the top it puts merit at the top and that's how we'll make our decisions. There's several pages just with striking stricken through letters riding on there if you look at page five line twenty nine again this is just what you pick keeper hearing repeated the higher education annual report is repealed. Yeah we're going to base it our retention on merit and quality. We're getting more into the heart of the bill on page six section seven. we had of it says affirmative action programming folks this is strictly for education we have the two thousand member human resources board come up I've got a letter from him I could show you but they are against the bill I met with them they are R. in their letter they are given over to diversity equity inclusion while at the same time opposed to discrimination. Diversity and equity is discrimination that means you're going to start at one spot in you're going to have quotas that's exactly what it is so our human resources association with two thousand members says they're against discrimination but they buy into that. Also in that same area nothing prohibits one from doing an affirmative action report there's nothing in the bill the stop that if you have a company or higher ed wants to track things they contract it it just says you can't use that as a tool when you're hiring. Again when you we have the tornado here and people are going house to house. The very first question you ask people. Was what was your critical need. That's what this bill does it focus on critical need and you'll see that starting on Page seven line sixteen. It says the Arkansas geographic critical needs teacher scholarship program and it lines out minority folks again that's exactly what the learns acted same thing. It's going to base our teachers not on your immutable characteristics your race your gender we sexual orientation it doesn't based on any of those it just basis Straily ox prickly on merit. And they're going to establish the critical needs teacher scholarship fund so we're not getting rid of any scholarship programs we're going to continue to fund those scholarship programs just like the learns Act does to get the best teachers in the bath and the areas where we need them. I'm looking at Page eight line one any individual who is enrolled or accepted in our enrollment at a baccalaureate degree so again it's just looking at people and with the people's needs are. Why would we limit teachers who are qualified. We want to bring in more qualified candidates not fewer. If you look down in line nineteen pages eight. Again talks about the critical need scholarship program line twenty seven the critical needs teacher scholarship program. Line thirty five the critical needs teacher scholarship eligible program. If you look at page nine. No the U. of a pine bluff kind of houses that scholarship program the program still there it doesn't take those folks away what it does is bring students in based on their quality. And W. P. B. R. U. a P. B. it's still the program that manages that. If you look at page ten. Line nineteen. It says the state of Arkansas does not discriminate in access to employment opportunities or employment or practices or on the basis of race color religion sex national origin age disability or genetic information that's what it does. Discrimination will never end discrimination we have an opportunity in the State of Arkansas to be the tenth state to to make that strong statement that we're moving on past that. If you look down at the line thirty three encourages participation of small business enterprise in its tracks minority and women's business enterprise I'm gonna come back to that just a moment. Again online though Page eleven the proprio bisschen of discrimination or preferential treatment by state entities. And it gives the definition the state shall not discriminate against or grant grant preferential treatment to an individual or group on the basis of wrecked race sex color ethnicity or national origin in matters of state employment education and state procurement folks that's pretty simple. Probably the most important section. Line thirteen this section does not prohibit the consideration by the State of bona fide qualified qualifications based on gender that are reasonably necessary to the normal function of state employment public education our state procurement good examples of women's health foundation other women's health commission I think it is. This is not touching that. Nor can this bill this bill does not invalidate a court order our consent decree that is enforced as of the effective date of this act nor does it prohibit an action necessary to establish or maintain eligibility for federal programs if ineligibility would demonstrably result in the loss of federal funds to the state or preemptive state discrimination law or federal discrimination folks we've got a lot of money coming into our state based on affirmative action laws this bill strictly says if you're getting or at risk of losing those funds you're not affected. I said the other part was really important here's a big important part to yep if you look on page twelve section twenty two you have to you we have two years to comply with this. It's going to be difficult yes it's new it's going to take time yes yeah we passed I think you pass the house passed the learns Act I know we're going to have to come back and make some small tweaks to that as we go the same thing with the the prisons and the parole we're going to have to come back and make some tweaks to that what we have to do that with this bill quite possibly. But if you read through there it talks about who has to report the head of the agency has to come and report to us. If you look at the last line on page thirteen just to be sure twenty four months of sine die adjournment of the ninety fourth the General Assembly meeting in regular session. That's how long we had to do this. Again I mentioned a couple of things that you're paid off enough it becomes evidence let me give you a little evidence. It was said that I didn't do my research I didn't know what I was doing I have looked at the impact. Let me give you a little impact. The. With the minority and women's Commission there about nineteen hundred people who are members of that. Only three hundred and thirty of them are quote certified have gone through the process to make sure they are certified fifty one percent minority and they bet that pretty well. Well that nineteen hundred only three hundred and thirty are certified. Of that three hundred and thirty folks we only have twenty nine loan guarantees out that's all they do they don't get they don't loan money the only guarantee loans so once you are certified you go to a bank and the bank then are collateralized is that loan and you have the loan through the bank are commission only guarantees that loan that you'll talk to a banker you asking what failure rate they are comfortable within a business loan one percent or less our commission as a ten percent failure rate. Ten percent failure rate. We have almost two million dollars in that fund to guarantee loans. That's what we have so few of them. If you look at the top of loners with small business administration where it is most people go they have nineteen eighteen fourteen eleven and eight. Most minorities and women are going to the small business administration they're not coming to the state minority and women owned businesses group. Our bill Commission. Has about two hundred fifteen thousand dollars in cost. If you look at the list of the three hundred and some members of that. Two hundred and nineteen of the mentor are in little rock or central Arkansas so if you're on this committee there's likely nobody in your group and you add to that northwest Arkansas and northeast Arkansas are better policy in areas that's where this money's going the folks this doesn't get rid of these groups are the money it just says we're going to base it on merit and if you come and you have a business maybe your first time business owner maybe you come from poverty you would still likely qualify and we will be the ones that right that that list. In four years. The women and men that minority owned business have gone through ninety seven thousand dollars. As a drop in the bucket compared to what other business or doing. I have a letter from the Pacific legal foundation encouraging Arkansas to step forward and be one of these few groups that are doing this. One of nine states are too we would be the tenth. I have a letter here from. Again if it's repeated if the the best information is repeated long enough it becomes evidence this is from a lady says on the state director of the Arkansas society for human resource management. we oppose preferential treatment but we promote equity folks those are just diametrically opposed. And when I asked I finally said so what is your question for the Attorney General just tell me and they said we decided not to ask the question that would likely be here to testify against this bill shortly. I have a letter from a another lady will likely testify later and in this article in Arkansas business they say this bill ends help for disabled veterans folks it's just a lie there's nothing in the bill about hurting disabled veterans and this magazine right here the the author of this article what a rewrite it because there's so many things that are wrong and it yeah they actually asked me as they're getting ready to quit are white men discriminated against. That's what that's what it was just a set up. I met with a. Well known group you would I'm not going to mention the group's name but I met with several groups of them of of around the state. And. I said here's the intent of the bill and this is what I want the bill to do and the group asked today right so amendments to the bill I said absolutely I'd be glad to look at a I've got the amendments that were written about a twelve page document. Folks the Bill. In a form Iran's adds to affirmative action this is the list a this is the amendment. Affirmative action if the obligation of part of the state county municipal premier commercial goes on but not limited to now this what they're adding to the bill housing. Education employment without regard to race color social economic status. Sexual orientation. Gender identity there adding that to that was the what was presented to me to be in addition to my bill. They put their neck my name on my bill after they wrote it. The bill also establishes and ends sovereign immunity for the state of Arkansas. And sets it up for reparations that's what the bill does. It says the let everybody have an equal footing on the same ground at setting this bill sets a so far minimum compensation. Guaranteed income if the ward I should have used this of the amendment set us up for far that. I won't go through anymore but. Last one. Again this is all under the idea that if you say something long enough and loud enough people will accept it as evidence that's this is the evidence you're saying this is the direction opposite physician wants to go more discrimination more groups more set asides more preferences. This one takes the cake. Central Arkansas Water some of you may have seen this Central Arkansas Water has a group called jet II. Justice equity inclusion the justice equity diversity inclusion team they set out this out email to a three hundred or more employees the jet IT would like to share information with you regarding SP seventy one. If you are someone you love is a woman black disabled veteran Hispanics are lab mix this bill will impact you and your loved ones folks that's just a lie. That's just not true there's nothing in here on veteran's. There's nothing in here on disabled. The bill will criminalise any action by government entities that consider race gender ethnicity or nationality folks another lie that's just not true. By the way they haven't retracted the email nor Senate apology nor straightened out the things they got wrong here. It says this is a white supremacist bill this is a state as a government organization Central Arkansas Water putting this out. They also have several references here and links one to the wind rock foundation which is there a D. III section. They also have one to a group called the Arkansas public policy panel. Which is the same gentleman that wrote the amendments to the bill I told you about and I think he's here to speak against it. But this is what we're up against. Folks I want to close out here and go to questions but further discrimination will never end discrimination bottom line. And this bill is going to help us move forward and in state sponsored discrimination the state of Arkansas. Representative having comments. Nothing he did a very good job of covering what what it does I think we can all agree discrimination is wrong at any level in this this and some of it in the state. Questions any questions from committee members. Representive cloudy you're recognized for a question thank you Mr chair thank you for that presentation I I guess I have a little bit of a question I don't know I said that I have a question a medium sized question about you you talked a lot about merit person is you know quotas and that kind of thing I guess I'm wondering I know that there is a lot of research that shows the benefit of having particularly in public education settings teachers who look like us whether that's race or gender right there is there's a study I'm looking at right here that I have read a lot it says that black students who are exposed to black teachers by third grade were thirteen percent more likely to enroll in college if kids had two black teachers by third grade the likelihood of collagen woman jumps to thirty two percent I guess I'm a little bit curious about how you arrive I kind of the bright line difference between merits and sort of just filling quotas because I think that a lot of those characteristics DO in themselves have merit for Arkansas students so can you address why you think it's better referred for schools not to be able to consider any of that when we know the outcomes would be better for minorities I would never said not to consider any of that that's just not what I said I mean sure can you can that be considered yes can black colleges can pine bluff consider troops continue to recruit African American students out but when they admit them they're gonna be based on merit and I think again this goes right down the line with the governor's learns Act the students in south East Arkansas which is what the scholarship is for geographic their scoring really low and that but the governor has said and I agree a hundred percent we need to make every effort that our priority is getting high quality teachers and their that's our number one priority if there are other things we want to look at and consider Hallelujah and you'll have a chance to help draft that to make sure we can. Senator those kinds of things when we draft the rules to implement the legislation. What you're recognized. Okay so I I have a slightly different question I've got just as an example I've got you A. as in my district and my daughter is twelve and she has for as long as I can remember every year gone to a girls in stem event at the college of engineering puts on I am looking at the bill and I hear you say that those kinds of programs won't be impacted but can you just explain to me a little bit more how that's true like I'm looking at page I believe this is page eleven lines seven through ten the state shall not discriminate against or grant preferential treatment to. An individual or group on the basis of race sex color ethnicity or national origin in matters of state employment public education or state procurement how are scholarships and programs like the ones I just described not impacted if that language is not procuring anything. She's not being hired for anything. And she's just attending account. That's all she's doing but again we can we can disagree with each other up and down the line the Attorney General when I asked him about those programs that they were not affected and I'm gonna rely on his answer there. We're not going to stop people from go it's no different than one Senator Clark Tucker said that we're going to keep kids from going to UAMS summer camp just one true. Representative mainly you're recognized for a question. Thank you chairman thank you senator and representative Gonzales for bringing this bill I just In all these folks is scream is going to hurt women I just I don't see in the bill so can you address for me what you've heard what we're trying to say as far as is hurting women in our state. Senator hello again or if you repeat something often enough it's taken for evidence and when I ask people give me specific things where it hurts people just a good example going to cast my daughter can't go to camp which is not true and if we're going to base our hiring and procurement education on merit then are some people not going to be included that were included are they not going to have a hand up or higher or a better opportunity than others that's true we're going to base it on merit. So I don't know how else to answer that other than it's merit based needs based and as we saw during the tornado R. Kansans are very willing to help when needs arise. Representative Scott you're recognized for a question. Thank you Mr chair I'll start my first question so kind of a piggyback off of the call but this is just regarding to the minority health commission have you done anything regarding that that and how this bill might impact them do you see it in the bill. Well well this is not in the bill for answer would comment we're not gonna get into an exchange of back and forth gesture question you give the answer you have to follow up questions you give the answer should go back and repeat your question and answer that okay follow up I'll just ask my question I apologize no you're fine yeah PM so we have the minority health commission commission with studies issues relating to the delivery of and access to health services specifically and for minorities in Arkansas and identifies with any gaps related to health services in the delivery of the systems that affect mainly minorities here so African American women I think there's a lot of just health disparities period we rank very high as a state in general what instrumentality so I'm wondering if this bill if it passes by why will we pass a bill like this and if it would impact the minority health commission from actually just being able to conduct studies of further related to the disparities that we're seeing in the minority communities and if this will impact that specific commission yes and their mission yes you just described a critical need. I couldn't have done it much better myself minorities are women of poverty whose children are dying at some of the highest rates in the nation. I think that is the best description of a group in me that I can think of and if we're going to help people in need that's exactly what we're trying to do with the bill. But there's not based upon your race are your. Some people would say it's not based on gender I would say it's based on gender and the bill it actually says that there are things that if if it is specific to a gender are sex they qualify but the bill specifically speaks to need critical need and as you stated Arkansas has one of the lowest of the worst records of child mortality in the nation I can't think of a more highly regarded critical need and that. Follow. Thank you Mr chair respectfully senator Jeff a little push back and I'm advocate for all women but. What we're talking about minority women black women die at a higher rate than anybody in the state what we're talking about shall part so what I'm saying the work that the Arkansas minority health commission does specifically regarding disparities in the minority communities that's why I'm saying like that's important to me and I said it's not important to you but I'm saying the data does show that black women die at a higher rate especially where we're talking about rule areas where they're not getting the access that they need and they're under served in there just a lot of health disparities so that's the point I was just trying to make in reference to that we agree that this impact that we agree they are at a high need they are people are dying babies are dying there in poverty I can't think of a greater need than people in poverty and with little kids. And this bill first of all it doesn't mention that minority health commission in the bill but even if it affects them it's going to include that group that are there here there's a the point you make there's a huge cross over in people of every race gender color. Whatever those immutable characteristics are there's a huge crossover those people and our programs are now aligned to help just like the women and minority owned business there are people that are operating at a great need and this bill. Makes it merit based what is your need and if you have a need there were there to help I think that's what exactly what the bill does the other point that I would make is when you look at other states that have done this you just don't see the They're doing better than we are and they have the bill they have this bill and their their birth rates are doing better than we are maybe there's something wrong with what we're doing maybe we do need to look at needs based versus what your immutable characteristics are. The last last last follow up okay and senator my final question right now is I know you mentioned that ten other states have passed this current bill a you mentioned California. But I saw that California still has a preference based program for veterans in the language that you have in this bill is not allowed us to get any kind of preference to minorities women veterans or anyone. Do you know that they have that that program in their state. I'm what I'm aware of is that the letter that I read from the Pacific in lower Pacific. Help me out Pacific legal they're the ones that wrote the bill and California they they're the ones that wrote it they use the very same language are very similar language and all nine of the states and I don't hear the for lack of a better word the drama that comes about about we're going to exclude veterans it's just not true this bill doesn't mention veterans they are a high need group if it does they would qualify again if you base it on merit and people have need they're going to qualify in you and I'll get to write what those rules apply but this bill doesn't talk about excluding veterans at all. Thank you representative Miller you're recognized for a question. Thank you Mr chair. Senator I I appreciate to bring this bill I like it. Lots of create your efforts I do have a question this kind of. Representative Scott touched on it just a second ago and I know this legislature has done a lot of uh programs and work on veterans and veterans in the workforce and I think some different tax credits and that kind of stuff is this bill going to affect. Any of those programs as far as as far as our veterans in this and our state gov no I mean is a I'm trying to. Where my bill go. I think it's on. First of all if there are any most of those programs you describe are tied to federal programs I believe so any program is tied to a federal program is untouchable. as far as. You know what I. A split back through here and see if I can find that I think it's on page. Ten or eleven. This state shall not discriminate against or grant preferential treatment to an individual or group based on their race sex color ethnicity or national origin in matters of state employment public education and state procurement. That doesn't touch any the veterans issues or any of the disabled issues again most of those far as I know are tied to federal legislation and this specifically exempts all of the. I have a follow up. If you're recognized thank you okay I just. I want to get this call clearly on the record. So that this is simply tied based on. Race ethnicity that kind of stuff has nothing to do with time served two years your country your community our lives that that's correct correct thank you Sir. Representative Clowney you're recognized for a question thank you Mr chair And I'm sorry I I really don't want to beat a dead horse but I also want to make sure that I had explained my position while particularly in light of representative Bentley's questions so the reason why representative Bentley people are saying that this impacts women is because of those lines that Senator Solomon just read this state shall not grant preferential treatment to an individual on the basis of sex the way that I read that that means no scholarships based on sex that means no public education which is in this section I know I'm not I'm a procurement but any public education efforts that are targeted to girls would be off the table because that would be considered preferential treatment and forgetting about the campus forgetting about the programming Senator Solomon can you just explain to me why scholarships that are targeted towards women would not fall under this could entities of higher education award scholarships on the basis of sex if this passes into law. I would not think so thank you I would reference Mr chairman all right reference part of the bill. Yes yeah on page eleven. thirteen this section that says this section does not prohibit the consideration by the State of bona fide qualifications based on gender that are reasonably necessary to the normal functions of state employment publication our public education and state procurement so the other car about far. Six yes as long as there tied to those but again we can we can get into a long discussions on it but I think the Attorney General his opinion says that those issues are are just not valid. Representative more you're recognized for a question. Thank you Mr chair thank you senator representative I just got one question and that does this bill restrict the use of private funds used by public institutions and if I may clarify that and to a different question if someone donated to create an endowed scholarship for a public university for a specific agenda for person of a different national origin does this bill restrict that. If it if it the foundation doing that no. If it's a state if the money has been given to the state institution yes. The foundation can do whatever they want their private entity you know the same thing is true with scholarships for athletics you know for university had a foundation they want to give basketballshoes scholarships to certain ethnic groups by this bill doesn't prevent that once it comes into this state coffers that would prevent. Representative covered you're recognized for a question. Thank you Mr chair. And once again. A don't want to be better for them force but clarification please there's confusion with public education campuses have programs such as the women's stamp program women's engineers architect without language defining the scope of public education. Where are we since this does not define it well you know all of our bills speak to general positions and we write the rules and the rags to clearly define what that means that will be a part of what we do in making those rules but right now again it's in in public education you can't discriminate against the service that you provide based on on the immutable characteristics you can't hire people based on immutable characteristics I don't so. I want to be respectful the chair I don't know how to clarify your question but I you know my answer would be. Then in general terms it does not prohibit those programs. I mean we again we ask the Attorney General can can people can a college recruit Hispanics yes. Can a college recruit I thank you MS was interested in recruiting female doctors can they do that yes they're just recruiting and working with them that's not part of the hiring process so if it's not part of the hiring process then you're okay. Follow up you're recognized for follow up okay then what I believe you said. Is that it will not affect. Programs that are in educational institutions because they're not hiring. It is that. You're standing at the yes two things one the question that you pose is done in nine other states or not saying that those same states are doing the same programs that we're doing so I'm basing my response on real practical real time things the things that you describe or happening in California okay today all right so and again I would go back to the the part of the bill I just read about if it's gender specific then yes it those are all allowed and if there tied to federal programs they're all allowed but I would think that if the programs that you're describing. Were illegal you would see and nine other states you would see an outcry like you couldn't believe some of those states are you know they're both red and blue states and their Washington California. Those that we just don't see that happening. If the best answer I can give. Representative Scott you're recognized for a question. Thank you Mr chairman. Quick question following up about the scholarships so as just as citizen and graduate of a issue I could not donate funds to start a first generation low income women scholarship there. If this bill passes and I'm asking because I get scholarships out every year just personally but I'm saying if I decided to give those plans to issue and say Hey I want you all to designate or create a program and I'm asking because I'm first generation college graduate and I've benefited from scholarships so can not prohibit or tie the colleges hands I would not think so again if you look at California California has those Washington has those same bill. Texas or Florida has the same bill so that's not how you're reading the language in the follow up I am sorry you're recognized for the following okay. That's how I'm reading and interpreting that's why I was asking for clear okay. Okay. Say no further questions from committee members we have a. Twenty one people signed up to speak in regards to this bill so if to sponsors would yeah just moved from the end of the table will make room for a. Representative. Bentley you. You have a question I have a motion of proper time let me hear your motion I like to limit debate to three minutes per person submits limit testimony or testimony yes use me for them it's just loading the how long three minutes per person three minutes per person at a B. and over an hour and we've got is already six o'clock so that is a that is a proper motion it's non debatable. Of. Committee members in case you didn't hear representative Bentley made a motion to limit the testimony to three minutes per person and as I said that is a proper motion is non debatable all in favor say aye. All opposed say no. Does have it the Testimony will be limited to three minutes per person signed up to speak against the bill. Maricella Garcia. I give some yells name drawn for you know me mad at me of doing the best I can so correct me when you get to the end of the table map you would identify yourself to the committee I understand you speak against the bill you're recognized to be testimony I'm my name's Monticello Garcia you did great hi good evening Mr chairman and members of the committee I work for Arkansas advocates for children and families AHCF has worked for the past forty five years to advocate for research driven proven policies that improve the lives of children and families in Arkansas our state has spent the last few months of discussions about how to make sure more to Arkansas students excel in school and that's a laudable goal that we share but we have to ensure that students who are struggling in some of the poorest districts in the state have the resources that they need this bill would significantly harm that effort because it removes targeted scholarships specifically meant to draw black indigenous and other people of color into teaching careers into hard to recruit areas like the Delta where more than fifty percent of the population of students are black these programs are created very purposely because research shows that they make big and positive differences in children's educational outcomes. Skews me research has consistently shown there is a positive correlation between the specific size of students of color when they are taught by teachers of color a Johns Hopkins University study showed that have quote having one black teacher in elementary school not only makes black children more likely to graduate high school it also makes them more likely to graduate excuse me and more likely to roll in college and quote the research also shows that more teachers of color they have while in school age increases retention likelihood of those students attending college whenever there's a large discrepancy in demographics of teachers and students SuccessFactors are adversely affected. Yes the legislatures on educational adequacy study shows that we are significantly behind in recruiting teachers that are as diverse as our student population twenty percent of all students in Arkansas are black but only seven percent of the teachers are black. Twelve percent of the students are Latino but only one percent of teachers are Latino in Arkansas about one in five children or twenty two percent live in poverty but that number in and of itself mass disparities because forty percent of the black children live in poverty and twenty nine percent of Latino children compared to seventeen percent of their white counterparts. Eighty five percent of black and seventy three percent of Latino fourth grade students scored below proficient reading level compared to sixty nine percent of all students these differences are not due to children's abilities there due to historical inequity and a current lack of resources allocated to those children a quality is a good goal to work towards but we cannot ignore historic inequities that have led to lifelong disparities affecting Arkansas's children of color. Equity and equality are not the same things equity involves trying to understand and give individuals what they need to ensure they have full and healthy lives a quality in contrast aims to give everyone the same thing regardless of where they start in life like equity equality aims to promote fairness and justice but it can only work if everyone starts from the same place and needs the same things right now kids of color is. Paula jazz but three minutes is up and so for anyone else speaking of reminder you have three minutes when you get in the table will start timer up here so. That's it okay thank you Roemer's second let me use any questions from committee members. Say none thank you for your testimony misconduct may I ask for a vote against SB seventy one thank you also so signed up to speak for the bill is Scott gray. Mr grade you would just have say the end table I remind G. like if tell miss Garcia you have three minutes thank you Mr chairman justified you're recognized thank you I'm Scott gray on behalf of the sling County Republican committee as Republicans we believe that all Americans should have an equal opportunity to succeed regardless of race nationality origin gender or creed and should be granted no special preferences based on these criteria that's an exact quote from the Republican Party of Arkansas platform SB seventy one six to accomplish exactly that an equal opportunity without preferences equality means each individual or group of people is given the same resources or opportunities equity allocates the resources and opportunities needed to reach an equal outcome. S. B. seventy one promotes the quality while prohibiting equity based preferential treatment and that's consistent with our party platform it simplified sample all saves taxpayers money Indians D. I. programs which bogged down schools colleges and state agencies with outdated ineffective and unnecessary requirements the slain Republicans comedian Senator Solomon and representative Gonzales for having the fortitude to sponsor this outstanding bill now is the time for house Republicans to join the Senate in ending state state sanctioned discrimination once and for all. Any questions from committee members saying it's great thank you for your testimony thank you also signed up to speak for the bill is Allison gray. Okay if you would just have say ten table dental patient committee and I'll remind you have three minutes to give you testimony and you're recognized my name is Allison gray and I appreciate the opportunity to speak today the state of Arkansas has no business being in the diversity equity inclusion business. Our current affirmative action programs promote hiring teaching and even permitting based on outdated guidelines that serve no purpose in twenty twenty three other than to put push a work agenda and waste taxpayer dollars running these programs a school university or state agency should seek only to recruit and retain the highest qualified employees regardless of their race or gender. The Republican supermajority legislature should listen to the providers follow your party platform and pass SB seventy one thank you for my time. Thank you Mr questions from committee members. J. none thank you for your testimony. Signed up to speak against the bill is the Carhartt is short. If you would just in the face of to the committee and I remind you have three minutes you're recognized the testimony okay thank you good evening my name is Nicole hard I have been and veteran advocate in the state of Arkansas for the last seventeen years I am a female combat veteran and I'm here on behalf of myself and other veterans within the state I wanted to clarify for the sponsor of the bill that disabled veterans are noted as at. section in the state code so this bill would negatively affect our veteran population over the last five or six years Arkansas veteran coalition along with our veteran community has made a concentrated effort to make Arkansas a desirable or state for our veteran retirees and in doing so we've created opportunities for veterans to advance in light of the current situation with invisible wounds being made aware to not only state agencies but corporate America a lot of veterans are using the disabled veteran preference to start their own business because for them it is a harder mechanism to work for a particular person so I do encourage the Senator to do his research encourage the other members of this committee to look at how this bill would negatively affect the veteran population and at efforts of the veteran community over the past five or six years to make Arkansas a desirable state for veterans to come and call it home. Thank you ma'am committee because you have representative make sure recognized for a question. Thank you Mr chairman thank you for your for your service is about can you directives to what section of the bill specifically raises that concern for veterans this section of the bill that we've all been talking about on page eleven where it talks about discrimination against a four engine. One second. The part that we've all been talking about which I think is on page eleven the state shall not discriminate against or grant preferential treatment to individuals or groups on the basis of race sex color ethnicity national origins in matters of state employment public education or state procurement and this in particular would be considered a group and our veteran population is identified as a minority among state code which is annotated in. Hurry up the pool this data thank you still answer the question. Yes I am. One second. In our state. Code annotated two three one dash three dash three oh two and three oh three veterans are dignified as a minority. You're recognized for a follow up okay so my my follow up is actually my original question because there's nothing in that this is anything about veterans or minorities it doesn't have to say veterans or minorities in order because minorities veterans are considered of minority and so what I'm sorry let me correct myself. In the bill. Where it talks about that it shall not. Discriminate against or grant preferential treatment. Sixty. I can't find it right now. I keep thank you. The questions from committee members say none missile thank you for your testimony appreciate you. Signed up to speak against the bill is of size Bolly. Of. You will justify a step to the committee. Then you're recognized to give you testimony service Brawley citizens first Congress this country was founded and built or racism an intimate nation building practice of slavery and indentured servitude jim crow laws segregated public housing and environmental hazardous areas and strategic planning how freeways were built divided the communities and wiped out black thriving business communities government subsidized developments in the suburbs that were unavailable to people of color further the value properties in our communities related to communities of color did not black people opportunities for those insurance benefits of the GI bills. That many of the military members could not receive because they were black were also lost mass incarceration in the war drugs to specifically target of our communities inequities in education employment opportunities and proper compensation also heard us history shows individual systemic discriminatory practices are still in place over five hundred years ago president could not be fixed in six decades eighteen forty eight to twenty twenty three that's one hundred seventy five years of women fighting for the right to vote to work any profession to be free from abuse free from imprisonment to have property rights to marry and divorce for me to get an education to participate in the affairs of the church to have custody which I play sports total vote is a much more historical amnesia for forgiveness or not solution to Hodges the use of discrimination and get keep and we cannot pretend of discrimination does not exist in Arkansas is B. seventy one would hurt our schools our graduate programs admission rates teacher recruitment and retention Vetr raised to the rise of women's rights I don't know about a but what about state black history events and women history state sponsored events everyone's definition of marriage is different for some is a no nepotism vacancy power wealth and so on we have to get away from short term Mike where society taking place long term equitable solution for people always directly impacted by racism the discrimination. Just like someone who has an addiction when they get cleaner so will this be the cleanest over the struggle is not over help is still needed for the rest allow us to avoid those issues from the past just like someone's experience experience trauma one therapy session won't fix the struggles that healing has to take place for the rest of the life to. To vote against S. B. seventy one. Any questions from committee members thank you Mr voluntary testimony before this committee. Signed up to speak against the bill is Bobby bell junior. Bill would just say tell the table densify yourselves Committee to remind you till page issued in the each person testifying as three minutes you're recognized Barbourville junior. Representatives. People of Arkansas. We do not need this bill. I am a contractor in the state of Arkansas. I didn't I'm not a part of didn't go to the state agency you talked about a whatever a pull myself up for mobile straps. However. It's very hard to. Compete with some of my. Fellow contractors because they have been in business a lot longer nine. Yes now I can bond I can do any anything that they're doing. But if we pass this law. Minorities will not be able to have a fair playing field. And I'm being very brutally honest with you. So I encourage you. To do not pass this bill we have certain school districts that a majority African Americans Latinos minorities and I think right now we have forty percent of some of the. Dollars to go to minority contractors. We need. We're going to be out of business I am a federal also I've done all the work a lot of work appear to airport and everything I'm going to be B. program. The state the federal side that's good. We needed on this state side as well. We're taxpayer dollars I pay taxes every year. So why should I not. Be included. In a plane fair plan for you. Yes beaten is one thirty. But. It was not set aside we don't have any teeth in program but don't take away what little bit that we do have. That's all I have to say thank you Sir any questions from committee members. Representative. Thank you for being here thank you for your testimony you but you say you didn't you didn't take advantage of affirmative action to get where you're at no Sir I did not but this is what I did I am a member of the minority business enterprise and the disabled business enterprise window that disable but the the federal side DB disadvantaged business enterprise. But no I did not and the reason why but the reason why it's needed. Some of the general contracts for instance McClellan high school. Little Rock School District. It's in a. Probably eighty percent minority. School district. In in that area. Forty three two hundred million dollars Clark contractors got sixty million another minority general got forty me. Well I'm a subcontractor baby. I had to be it. In I was able to perform the work. But if you're not if you don't have that money there or that split their. We don't have something allocated. I don't stand a fighting chance. And and and I'm telling you Sir of. A lot of time is not just low be. A lot of times it's who you know. Well yeah I mean I think this is that way no matter data call of the president follow up yeah I guess yeah I mean I think that's what the that's or no matter who you are but I guess so so did you take advantage of affirmative action to get that bit on although that would also on on this haven't trouble following my will okay this comes in as well as necessary if you didn't use it to get into business and you didn't use it to get the contract hi everybody's US forces I. Okay thank you. Every. The the meant Committee members saying that Mister bell thank you for your testimony signed up to speak against the bill isn't said Hamilton. Rambutan survey if you would just have safety of the table again five ships committee and a revised you have three minutes you're recognized to give you testimony yes good evening chair it's actually Scott Hamilton by that's my poor penmanship I apologize I'm gonna be brief and simple just got a statement said low enough loud enough it is taken for evidence. S. P. seventy one appears assume that all people will do the right thing particularly in their professional roles and responsibilities in twenty twenty three we continue to see many of the set of facts of our history inequities in discriminatory action still occur in our day to day lives and these need some level of assurance that they did not continue the say it low enough loud enough and is taken for evidence. Practices that have been approved because of the challenges we see still today. So we are all aware of unseen chose cities of discrimination for many years I agree discrimination is disgusting. Unfortunately our society is not where this bill suggests we would like to be and for that I ask for a no vote on SB seventy one. Any questions from committee members. Jane none. Thank you Sir for your testimony we appreciated thank you signed up to speak against the bill is chair to you Heileman. Sullivan. Thank you would you stand by yourself to the committee and the. Member remind you have three minutes you're recognized the test. Thank you my name is charity Holman good afternoon Mr chairman committee members I serve as the senior vice president for community and economic development at hope credit union we are a CDFI we've been working in Arkansas since nineteen ninety five and it generated more than three point six billion in financing for small businesses homeowners and families in our state and across the mid south. Hope was thrived on strong public private sector partnerships to achieve our record of support in small businesses and families and we've done this with partners like Walmart Energy Nike PayPal and Netflix as a lender with nearly thirty years of experience meeting the capital needs of Arkansas small businesses we are in strong opposition to SB seventy one is signed into law we believe it's our Sussman the small businesses particularly those owned by people of color and women will be harmed because it will constrain capital a good example of that is the S. S. B. C. I program it's a federal program and there is a component where it is meant to be funded to small minority businesses and that's on hold right now because of this bill it is sitting there. We do know the minority owned businesses struggle to access capital it's documented as recently as twenty nineteen by the Winthrop Rockefeller Foundation in one rock international they found that black owned businesses have loan approval rates there nineteen percentage points lower than white owned businesses black owned businesses on average receive only the full amount they asked for forty percent of the time and this is when you're comparing white and black businesses of the same credit profile. Additionally we know that women often have to rely on personal funds to start their own businesses SBA seven S. B. seventy one works against the practices we know work and we think you also have an impact on our ability to rebuild after the tornado after FEMA there will be long standing issues that people have to go and deal with this body had the foresight to include provisions to ensure businesses owned by people of color and women could participate in Arkansas ready for business program this was back during covid it allowed twenty five percent of the businesses assisted to that program or or people of color thirty three percent were women in the absence of that state program more businesses would have been left behind this program was good for all of our Kansans and it ensure that more people didn't lose their jobs the state of Arkansas has been a powerful partner for hope and we believe SB seventy one will limit the states ability to support organizations like ours in it will in. In the past it's also taken steps to strengthen our economy and allow for broad inclusion we believe SB seventy one does the opposite and as an employer and a winner in our state I am a by to interrupt you but three minutes is up we appreciate your testimony and questions from committee members say none thank you again for being here all of representative back ma'am. Ma'am I'm so out for the committee members. I didn't say a lot better question for a representative recognized thank you Mr so. Do not type two questions are no more as you mention a federal program and as a sponsor says this does not affect any. Program that's federally funded so that I don't know about that the if you go lab right on that than any other question was as you said that. Which was a disturbing thing that you said that the is that minority owned businesses and I'm gonna love it get funded at lower rates and so on so forth so what does your company do different than everybody else always start with that question first we work we purposely built our banks or open banks in areas that banks leave we purposely do outreach to businesses of color women owned businesses and we are what we call patient capital we will work with you we will provide technical assistance we will sometimes politely tell you not yet and we will give you the technical assistance you need to in order to be eligible are credit worthy so that you can take out the commercial loan but often it's just listening and giving and having faith and confidence in what they're trying to do but a lot and having trust there's a lot of distrust in the financial institutions and for good reason in the past and so we just work to establish trust and we move forward from there on the SS BCI program it is our understanding that you have to make assurances at the state level that you will be supporting Businesses of color disadvantage businesses and the state would not be able to give that assurance. I mean even if it's federal funds we wouldn't be sort of misrepresenting the intention right. Follow up follow up. So and I do appreciate what you're doing I do pretty I think it's a great idea but no locations with any so you're saying that as far as your lending programs the point that you made that the discrepancies between minority owned business and one on businesses do not exist now. In our in our lending no but generally when you that study that I reference was conducted on the entire state of Arkansas look at all Leding I believe was focused on small business lending a particular and that's where that was found. I appreciate your efforts and you you've obviously have a model to for other financial institutions of all. Thank you for being here for this committee of representatives Gonzalez you have a question yeah thank you Mr can you show me where in the bill that it affects your business you're not state agency right or not okay your great great question It is the linkage it is signaling intentionality we have a long history of partnering partnering with municipalities with state agencies when needed especially when disasters arise or unintended when there's a gap that's been realized and this would essentially tie the hands of the state in many municipalities and their ability to be creative to respond to needs that they see and so that's one way believe we believe it would impact our business the second is we import capital all across the country to Arkansas Alabama Mississippi and Tennessee and Louisiana because there's been so much wealth that has been extracted out of our state and our ability to do that over the extraction of wealth for redlining for different things right history so we bring in capital to redistribute through loans to tell we're able to make loans because we do we open our institutions in communities where the average deposit is maybe a thousand to two thousand dollars so a normal commercial bank would depend on its depositors to make its loans we import that capital in order to re lend that money out to support people who want to open businesses in low to moderate income communities and we believe if this bill passes then it's going to impact our ability to follow some of those funders in their mission. That answer your question no we're we're in the bill does it do that I just explained that it is the intentionality of the bill what it would signal across the country and what's the state should be leading to support all businesses and this bill signals that we're we consider that there is not discrimination in Arkansas that we consider that everything is already equitable but we have evidence that it's not so that the she made a template you question maybe she did not to your satisfaction but I don't think we keep going over and over it shall unless you've got a new question no I guess maybe just a comment to to the chair now we we run bills based on on what they what the language is in the bill says not a signal so I mean you're signaling is as your opinion of what it does but not necessarily what it says what is outlined in the bill it actually does thank you that's it thank you. No further questions from committee members we appreciate your testimony before the committee. Signed up to speak against the bill is TM Orlando Orlando. Thank you would just invite you set up to the committee and You're recognized the testimony. Thank you very much I yeah and the last name as I say is close enough for horseshoe so. But I thank you cherry committee for the opportunity to share my insights in opposition to SB seventy one The vote no or at least send it to interim study I'm the president of the human resources team have based HR consulting business for over twenty five years and before that fifteen years as vice president HR in organizations also served Arkansas across the country in manufacturing service technology banking industry primary helping clients in the preparation and implementation of affirmative action plans and in addition to defending them in the event of an audit with the department of labor also represent the Arkansas society for human resource management State Council which is a professional organization of two thousand HR professionals we represent employers all over the state from small to the large we believe in support. Nondiscrimination which seems consistent in the intent behind SB seventy one imprint and preventing preferential treatment however removes the affirmative action piece which is in my opinion is in a management tool to determine discrimination in employment decisions and pay regroup removing affirmative action plans implies it is the cause of discrimination in my thirty years in HR and working with business. In organizations nothing could be further from the truth and the facts an affirmative action plan as a management tool to measure document and analyze recruiting. Elte reach employment and pay decision to determine if discrimination has occurred and helps the entity identified discrimination and corrected if necessary and or defend itself against the plaintiff's attorney LC wage an hour or even the of CCP the provisions of the existing law that the bill strikes were measures introduced to prohibit discrimination stirring all groups had equal opportunities with respect to state employment benefits nothing and then the existing law or specifically affirmative action plans requires or allows quotas and preferential treatment and in fact the Department labor E. L. C. N. O. C. C. P. prohibits insurers that this does not happen during their audits and investigations there's been testimony that we states that to stop discrimination we must stop discriminating and I agree this is an aspirational goal but if you don't have records in systems and processes in place to determine if discrimination is taking place you defeated the title of the bill because you won't know what you don't know when you certainly can't defend yourself in discrimination cases there's been testimony the Supreme Court is near decision to prohibit affirmative action plans this case. Is about college admissions and has nothing to do with employment decisions pay or you can rupture but three minutes is a okay thank you thank you for any questions from committee members. Same number appreciate your testimony before this committee thank you for your time thank you Sir signed up to speak against the bill is. Annabeth Gorman. Coleman if you would just have stated in the table dented by ship to the committee in you're recognized to be testimony. The chair vice chair committee members thank you for your time this evening and today my name is Anna Beth Gorman and I'm the CEO of the women's foundation of Arkansas. The sponsors of this bill have not brought forth a solution to any problem that they have clearly defined in the state of Arkansas what they in effect are doing are exasperating problems and challenges that are very real in our state. By the testimony and presentation we've heard already this bill creates confusion for our existing state agencies potentially eliminates jobs of our Kansans working in the state agencies and what impact all our Kansans it would not as they're starting in discrimination rather it would stymie efforts of a cross section of stakeholders state agencies responding to critical needs of our Kansans private business with interest and supporting communities and nonprofits working in collaboration to solve very real challenges charm that are most vulnerable communities continue to face. The mission of the minority and women owned business enterprise division of the Arkansas Economic Development Commission is to facilitate growth development and expansion of minority and women owned businesses by helping them gain access to information just gain access to information the gentleman before us talked about the work the hard work that he did but how it's necessary that we still create access to information for his peers and colleagues access information new market opportunities and financial resources the future viability of this division and others like it are absolutely in question with the passage of this bill our organization believes that business ownership and entrepreneurship our actual vehicles to economic mobility in our state Secretary McDonald just talked about the need to increase entrepreneur support in the end in our state and this bill is seeking to do the exact opposite of that. Small businesses are the lifeblood of the American economy they make significant contributions and bring innovative products and services to the market place. In light of the tornadoes that hit my community my home towns of little rock and north little rock you know going I was when those individuals going door to door on Saturday to check on my neighbors and my family in the aftermath it's going to be small businesses women and minority owned that are the most disadvantaged the recovery in without an agency like the Division of women minority to support them who will help them recover through this. With the advent. We have conducted research on the disconnecting this of our entrepreneur support it can ecosystem this this bill would eliminate. That type of work. Arkansas has eighty thousand women owned businesses contributing nearly ten Mitchellville sorry to interrupt your **** thirty minutes is up any questions from committee members. C. nine thank you for your testimony thank you yes ma'am signed up to speak against the bill is Broderick Daniels. Mr Daniels. Which artists have stated then vice chair of the committee three minutes you're recognized maybe testimony. Thank you I am Broderick Daniels thank you chair and committee for this opportunity to share my insights about SB seventy one I am brighter days the immediate past president of the senate Arkansas human resources association here in Little Rock with over two hundred and eighty members and representing almost as many employers I have over twenty two years of direct HR experience I serve on the board of the black HR professionals network which represents employers throughout Arkansas also served on the Arkansas Sturm State Council finally I am the director of human resources for bank with four hundred and ninety four employees and we are required to have an affirmative action propane as a result of being a federal contractor par of the SECP and the department of labor regulations. we to oppose SB seventy one in its present form in the State of Arkansas there's no secret about our racial indiscretions of the past the existing apartment at affirmative action laws were implemented to help Arkansas insurer all of its citizens residents businesses more especially small businesses are afforded opportunities to pursue education employment and business opportunities that allow all people in business that opportunity to thrive in Arkansas in an advantage to those persons is that we are not pushing great talent in opportunities to other states they have been particular events and actions such as jim crow laws that took place in the past that had a lasting negative impact in our state an example of this is the legacy of over three hundred plus laws that were passed after the civil war between eighteen sixty five in nineteen sixty seven legalizing racial segregation gender inequity in more the legacy and influence of those laws have to be intentionally combat it existing affirmative action laws happens to eliminate disconcerting trends toward economic inequality that have been witnessed in our great state affirmative action programs came into existence to ensure that employers were being proactive in analyzing their human capital practices to ensure they were hiring without regard to race gender national origin disability veteran status and so on if that is the organization's way to self check to see if the legacy of historical discrimination is still present in the organization's ample employment practices affirmative action plans do not require code that quotas but they do implement intentional planning the ultimate goal is always to hire the best qualified candidate being intentional insurance we don't pass that person up who ever he or she may be the company's been doing the right thing there would be no E. L. C. A.. And possibly no HR department but due to litigation companies losing millions of dollars for making bad hiring decisions and word of mouth recruiting affirmative action laws had to be put in place that was the critical need we believe and support non discrimination the future is riding on how we treat the people of Arkansas said general admission and you read three minutes is up any questions from the committee members saying none we appreciate your testimony before this committee thanks a thanks are signed up to speak against this bill is a limb. Concealment Dobbin Devin. Thank you within five days after the committee and you have three minutes and I'm not sure if I got real close on the name or not but you can identify yourself to the committee thank you chair and committee my name is a lan chi someone that and and I'm even resources director for the hot springs family YMCA and also advise and eleven state region that lies on a term matters including the creation implementation and assessment of diversity equity and inclusion initiatives I'm also the WCHA in board diversity chair professional organization of human resources professionals and west central Arkansas. We oppose SB seventy one while the bill intends to prohibit discrimination or preferential treatment by the state of Arkansas and other public entities we do not believe that's B. seventy one can best prevent these things as currently written we disagree that affirmative action promotes preferential treatment and reverse discrimination the goal of affirmative action is to bring equity to underrepresented and marginalized populations the word equity is important here as SB seventy one has replaced the term equity with the quality equity does not reference quotas. Well quality is a noble pursuit we cannot achieve it without the equity needed to achieve equal outcomes for all including our government workers teachers and young people who will comprise our future leaders only equity which involves allocating resources and opportunities to those in need can carve the path towards the non discrimination that we all desire. Affirmative action promotes equity we need but by preventing discrimination in employment practices it helps these under represented groups like qualified women minorities individuals disabilities and veterans who may otherwise be passed over find success and then the merit of the diverse voices and ideas to our workplaces research from Harvard McKenzie and other peer reviewed publications suggest that diversity contributes to the innovation productivity and financial success organizations the elimination of affirmative action threats B. seventy one fundamentally counters our society in the federal government's work correct discriminatory practices and prevent the perpetuation. Furthermore a radic hating affirmative action scares the wait even excessive discrimination or preferential treatment as president. D. I by the way is not just something talked into truth it is a moral imperative please vote no or send it to and from study thank you. Any questions from committee members. Shayna ma'am thank you for testimony before this committee signed up to speak against the bill is Josh show of price Mr brushed. We would notify the ship committee and you're recognized yeah three minutes thank you Mr chair thank you Committee good evening my name is Joshua price ma'am the deputy director for Arkansas United which is a statewide immigrants rights advocacy group also kind of came up in testimony today we talked about small business I'm also formally the public information officer for the state of Arkansas for the US small business administration during the onset and height of the pandemic and I oversaw L. out reach to the state for PPP and economic injury disaster loans so I'm here on behalf of myself and my organization to ask you to please vote no on SB seventy one and send it to and from study clearly there's been a lot of confusion today about this bill a lot of questions being asked the flaws clearly vague overly brought in a lot of aspects and we believe all because clearly a lot of confusion not just in this room but for state agencies and they were there for negatively impact all our Kansans. Talk a little bit specifically about Hispanic and Asian American small businesses eighty percent of COVID deaths in Arkansas were from Hispanic and Asian American Pacific islanders and that's pretty shocking number but that's because these folks never stopped working they're working in manufacturing poultry poultry plants distribution all the wonderful Amazon products we purchased or delivered to our home health care specially and. The silver lining to this is that Hispanic and Asian communities were finally seen and included a lot of these educational outreach programs when they had been historically not seen and not representative I just want to mention it been some talk about the Arkansas minority and women owned business enterprise division so they're actually funded in part by the small business administration as well as the Arkansas small business technology development center and these are state organizations but they reach out to these communities specifically black Asian and Hispanic communities as well as women to let them know what kind of a resources and grants and loans available what I work for SBA during the high dependent we had six people working at office its down for now so for people cannot do outreach for the whole state so we rely a lot on what does this be a they rely a lot on the state agencies to help them spread the word of what what kind of assistance and resources are out there so I'd talked about PPP economic injury disaster loans so when I was in this BA we did specific outreach for women we work with the women's foundation of Arkansas we worked with the urban league we work with the mid south black expo the Arkansas association or of Asian businesses this was very intentional work and yes this was federal work but if you take away affirmative action on the state level that would take away the opportunity for state organizations that also this do this type of intentional work and reach out to these groups that are historically under represented again it helped with the fundraising funding I'm sorry out reach and actually because of the everything that happened in COVID minority communities are now thank you get higher rates than ever and they were also plugged into resources that they don't know about they don't know about I'll tell you in PPP first hit all the people that were in the know they applied for PPP PPP was about to end the cycles but and there were so many women and minority owned businesses but I should have that sorry to interrupt any questions from committee members. Say no thank you for your testimony before this committee so thank you appreciate it over Signed up to speak against bills got bargains. Spark you would just have safety of the table again vice chair of the committee you have three minutes. Thank you Mr chair Scott Perkins I'm a consult with the women's foundation of Arkansas committee members you've heard a lot about uncertainty unclear and confusing aspects of this bill I'm here to make you aware this bill has detrimental effects for all our cans and I will begin with what you need to know in section one of the bill we are striking out the lack of diversity in ownership and financial interest in the geographical area at issue in the permit application when dealing with alcohol beverage control board we are leading the benefit of consumers of competition only in how the Arkansas how the. The alcohol control board will decide on dispensaries and the locations of liquor stores. Let's just on the on I understand just how uncertain and how unclear and confusing that is this bill has an impact on our Kansans not just some of the groups or the special groups that you have heard from here today. As written this proposal mandate ABC's only consideration grant liquor store shall be consumers of competition they will take no statutorily guided will take consideration of Arkansas residents tax taxpayers in the geographical area where the liquor store shall be again now that sprawd confusing and unclear. Section nineteen very quickly anymore speak encourage participation of small business are prizes will be the only thing left in the code when we're doing the construction projects exceeding seventy five thousand in the state I ask you what would be construction companies our state think about this now that they're only consideration will be small enterprises. This bill is unclear it's confusing it impacts all our Kansans. I appreciate a no voter Senate to interim study to end the confusion on our state thank you thank you any questions from committee members. Say none. Signed up to speak against the bill. Is quantity the Bill. Thanks Kwame a bill by a pretty good. The thank you so I'm right you're recognized so to give you testimony. I'm the person that the sponsor referred to earlier as far as offering to help rewrite the bill I did not offer to amend the bill because it is not amended bill in its current of passion what I offer to do is to re write the bill for him based on what he told me he and several members of the public his intentions were he told me that his intentions were to increase the amount of minority groups that have access to that type of programming he said that did not only black community should have access but the Latino community the Marshallese community he wanted to expand that so once we get that understanding the bill was written based on what he publicly stated in three different meetings what his intentions were and that's what we did we did not try to amend it up as it's been stated before this bill is written in the confusion confusing matter it is a it's a dressing eight nine specific problem but that is not data driven at all there's been no data a death of stories discriminations concern matter fact. Reading the bill we don't really actually know what the legal definition of discrimination is because everybody that reset they have their own definition of this tornado that just came up to tornado jumped over my community and it hit the community on either side of me so what equity does is equity addresses the it sends resources to those communities that were hit instead of all three of the communities I don't need the resources in my community because the resources are needed in those devastated communities that's what equity is equity is allowing people to all get to the finish line no matter where they start that's what it's all about and there's some confusion as to what equity actually is so I wanted to make sure that we're aware of that I just spoke to up. California governor Gavin Newsom he was at the Clinton school today and I talked to him about this bill since city did originate in California and I asked him what word the negative effects of this type of legislation in his state and he said this state has lost over two billion dollars. Because of this type of legislation so of to say that it is not detrimental it does have detrimental effects and what what we asked the sponsor to do is we asked him to put the bill in interim study to give us two years to get thirty minutes is up charged sorry to interrupt you but to any questions from committee members. Say none thank you for testimony before this committee signed up to speak for the bill is Laurie justice. Shows you would just have CT of the table dental paste ups Committee remind you have three minutes you're a recognized to give you testimony. Thank you my name is Laurie justice and I'm speaking on behalf of myself and I'm gonna be very very brief I'm I'm a mom of a student and the public higher education system thank tell you I don't care what color his teacher is I don't care what sex is teacher is I want the person that's going to teach and the material that he needs to learn and as a taxpayer paying taxes to the state I want the person in the job who's going to do the best job I don't care if it's a woman or a man less is specific to a job I don't care what color the person is we need people who are willing to do the job and do the job correctly. And I want to end with this is from an article. Says legislation within out a new section of Arkansas Code to prohibit discrimination stating quote the state shall not discriminate against or grant preferential treatment to an individual or group on the basis of race sex color ethnicity or national origin in matters of state employment public education or state procurement isn't that the goal isn't that what we want. I ask for a yes vote on this bill thank you any questions from committee members say nine man thank you for testimony before this committee also signed up to speak for the bill is dying Justice. Judges have say ten table database of committee remind you have three minutes you're recognized give testimony. Hello my name is Dane justice twenty seven years US army retired. you know when I joined the army we were all treated the same every single one of us I don't know if the left right was black or white does matter we are issued the same stuff with the same places we did the same things okay everybody's performance was based everybody's promotions when I was based on performance and merit that's it color wasn't in there. Never has been ethnicity does matter I understand my family half my family's Filipino I've got a bunch of of middle eastern individuals from Ron my sister meri Rani in one of those run ins very Jewish first. My family reunions looked like rainbow coalition. I think and they believe we all need to be treated the same it doesn't matter what your ethnicity your religion your sex is it when people deviate from that may try to make a difference between people there's going to be a difference between people treat everybody the same the way you want to be treated I read that a book somewhere. So anyway. I'm also by the way four a person back here disabled veterans so anyway that's it I would like a vote for this for all the right reasons we all need to be treated the same day many questions from committee members saying that thank you for your testimony here today. Signed up to speak against the bill is. Lancel. If you were justify ships Committee have thirty minutes and you're recognized you testimony my name is last of all I am a white Christians is gender male private citizen speaking on my own behalf insured I am none of the immutable characteristics addressed in this bill which appears to be true of most of this committee. So let me talk with you my fellow white people. And invite others to join us as well I want to start with what I call the parable of the scale right and left are chosen not because of political ideology but to better describe the visual. I have a scale that needs to balance to rates two weights on the scale. Well the right one on the left they weigh the same. But the scales and never balance out the problem is the scales are out of alignment. As a result website shows it is already significantly heavier than the right so I start to adjust the scales because that's what you do when the scales are not balancing properly well I do that the weights on the left side and start screaming that I'm discriminate against them giving more support to the weights on the right side from their perspective it looks like I am however when you look at the data that show the right side always ends up weighing less than the left side you realize there's something wrong with that needs to be corrected from the perspective of the weights on the right side it looks like they were purposely. Give it a level playing field so they could never truly shall have a way with the playing field is not level purposeful or not. It is human nature to fight against the system this is where laws such as the federal civil rights laws such as title six come into play equity even repeated over and over again. As if it has something to do with quarters is not about quotas. It quality at the top of that statement of I've got a qualified not as the caller but as the numbers show disproportionate representation of people of color at the top or in the conversations then either there's an issue with the balance we must believe that those they are not the qualified candidates of color some out they are not good enough. That's not the case that's not the point I would remind you that two years ago all the three of you in this committee. Who are here voted for the teacher minister could retention plan and not just gonna toss it aside. Thank you please vote against or at least put in a study any questions many questions from committee members say none thank you for your testimony. Signed up to speak for the bill if the bill is Robert Stein back. Thank you HM Burch Bach but that's okay okay but you're recognized thank you Mr chair I'm a lawyer and law professor under the chair of the Arkansas committee to the United States commission on civil rights and I appear here in my individual capacity. I also teach students of all colors all religions some with no religion men and women members of the L. G. B. T. Q. community I taught junior high school students in Harlem. and it's time for us to look past race and to go to the constitutional principles that the Attorney General recognized this bill pursues studies aren't affected by this bill recruiting is not affected by this bill membership in organizations is not affected by this bill federal programs are not affected by this bill this bill replaces quotas set asides and preferences with merit and need merit in need and hiring for one position at my employer five of the six candidates were minorities you can call it you don't have to call it affirmative action if you don't want to that's what it was you can call it a banana you can call it anything at all its quotas set asides and preferences it's twenty twenty three it's time to put an end to believing that we can stop discrimination by discriminating it's time to stop discriminating. You heard a number of comments from many folks who profit off of this system. They are involved in HR you heard of the organization Sherman or a short term for the Arkansas based one these organizations profit from this system of churning of D. E. I. of a of a formative action those are two sides of the same coin. We need to restore equality for everybody not equity you heard some definitions of equity those with the definitions of a quality but if you look at the actual definitions of equity used by public institutions they show a cartoon and they show one person looking over a fence on upon two boxes one person looking over offense barely on one box and one person looking over a fence with no boxes and he says that's the current situation but equity is we build up the number of boxes for all the people that look over the fence well I don't know when I'm hiring a teacher I don't know what boxes they're standing on I don't know what fences they're looking over I want to hire the most qualified teachers and finally let me end with an important of research that I've done I've analyzed affirmative action in its use in admissions in law schools and I can tell you from the very large data set that I looked at both times yes Sir any questions from committee members. J. none thank for you test every day yes signed up to speak of for the bill is Clint Lancaster. Mitchell and get you would just have say ten table again patient committee at three minutes you're recognized give testimony. Thank you I'm Clint Lancaster I'm here in my individual capacity I'm also here to tell you that I'm a former United States marine and I support this bill there was a gentleman who wanted to talk to the white people I want to talk to my fellow Americans if you are an American just like me that I want to talk to you. It America we have an economic system of capitalism when you have an economic system the legal system the laws support the economy what we have right now is a limitation on the economy we will limit free enterprise and the best and the brightest from running and taking care making money. And instead we re allocate that along some other non merit based online that is a socialist idea this bill is the one that restores the integrity of the capitalist system and creates our free economy that we're known for all over the world I ask that you vote for this bill. Any questions from committee members. Say none thanks for testimony thank you for your service. Committee that's a. All we have signed up to speak for or against the bill so the sponsors if you would just. Take safety of the table. You're recognized to close with the bill thank you Mr chairman thank you committee first of all folks I wish I could have spoken to governor Newsom they're not leave in his state of California because of affirmative action that may be news to have. How many of you know what stage to have this bill. Have you heard of any of them other than California. Florida Washington Michigan Nebraska Arizona New Hampshire Oklahoma and Idaho you are not seeing mass exodus matter fact they're moving to the state some of the fastest growing states have already passed this. You heard a lot of people say that they think it's going to happen or this is gonna happen they're predicting it folks it just is not the case. You also heard people tell you how confused you are. You know I don't think you're confused at all I think you understand that we're not going to end discrimination if we continue down this path. And how many of you believe that in the bill that was written in my name that I support ending sovereign immunity including sexual orientation and gender ID whenever you believe that's what I support what you're hearing is a lot of misinformation can be sowing confusion I've talked to the state agencies there's no confusion in the state agencies the state agencies can do what we direct them to do. Folks this is a good bill I hope you will vote fart and supported and I would ask for a good vote representative any closing comments yes I do and I wanted to address one thing that we were kept in brought up about the existing programs that are in place and then section twenty starts on page ten and ends on page eleven that's what what has gotten so much attention and section B. says the station a disturbance discriminate against or grant preferential treatment an individual group based on race sex color ethnicity all that so then you go down to see this section applies only to an action taken after the effective date of this act so that anything that was currently in effect will be in effect this this bill does not change that at all and I would also like to say this is not a white supremacy bill has full support of the Hispanic caucus the legislature as may. I appreciate a good vote and I will make a motion do pass as amended. Representative because I was made a motion do pass as amended any discussion of on the motion. Representative Scott the you that you have discussion on the motion of do pass as amended. Hi NO discussion okay. Of. Okay AT any discussion on the motion as amended. Saying none. What's pledge we have a motion do pass all in favor say aye aye All opposed say no. Does have a good bill is passed. C. two hands madam Clark called the roll. Representative Meeks are representative Meeks yes. Representative gene. Representative gene. Representative Wardlaw. Representative Wardlaw. Representative Miller. Representative Miller. Representative Womack representative Womack yes representative Bentley. Representative Bentley yes representative Gonzalez representive Gonzalez yes representative back representative back yes representative Richmond representative Richmond. Representative Gazaway. Representative Gazaway. Representive Crawford. Representive Crawford yes representative Scott. Representative Scott No representative Clowney. Senate clienti NO representative Milligan representative million yes representative Kerr representative car yes representative under would. Representative under would yes representative very. Representative very. Representative more. Representative more yes. Representative McElroy the representative McElroy no. Graduations the bill is passed. Committee members without objections we've got several people here that are here to testify on a bill and I know it's I hate to those of them traveled a great distance to be here so we're going to go ahead without objection to we're going to move to House Bill seventeen fifty three and the representative Gonzalez you're recognized to present that bill I will point out to you committee that there's eleven people signed up to speak up against this bill so Senator Gonzalez you're recognized thank you Mr I have to gather my thoughts fermented school. okay house bill seventeen fifty three is dealing with the bail bonds board it's a basically just re organizing the the board reducing number of membership from seven to five that's good limited government for all you great conservatives on this committee Also removes requirements that three the people have to be company owners that's that's currently in their removes all congressional district. Restrictions on that And all the these other arbitrary requirements of at least one board member shall be an African American least one bit more members shall shall be a female one would have to if you have used to have to be current or former former county sheriff and won a current or formal. Former I'm sorry I can't get more is right now municipal chief of police so we're just removing all those requirements governor has full discretion on on who to appoint to those five members or And that's that's kind of the. Yes well that's meant so we're also reducing the. Years of service on the board from seven to five years I know you all heard a lot on this bill you have gotten a a lot of input from your shares I'd really do not know why the shares are against this I had an. I had figured that out yet I don't know what what does that have in this fight other than they have one member on there and they also they they currently receive over two hundred thousand dollars a year from fees collected from the bail bonds boards that will not change or not not change in that at all so again I don't know what what objections that they have I know you all heard that this is this bill has came from basically a personal vendetta from from the bail bonds company That is that is really not true there there has been some back and forth there's been lots of complaints filed against an individual this individual has is not seeking an appointment on this board I talked with him for the first time this morning this first conversation I've ever had with the guy and and he committed to me that he would would not is not will never seek appointment to this board and for as long as I'm around if he does I will I will do my best to make sure that he is not confirmed if he if he does imply and and is selected for the board so that's not what this is about at all although it does seem that he has been the target of a lot of complaints what I'm coming from other bill bonds companies Committee somebody All I serve with on public health and and we've addressed some of these issues about appointments and be in these appointments requirements being unconstitutional the some of the things that we are we're trying to fix here And I guess that's. That's about all I have any questions from committee members represent macro. Representing Gonzalez the use alluded to there was uh a share of all the the board and now you're saying they're not quite awhile where the removed over there are you know so they're they're currently still there under the under the bill if this bill passes were to pass they would that would not be a requirement any longer to have a former sheriff for a current current or former former sheriff. Follows. Recognized. So if. If they step down they will be a requirement to appoint a law enforcement officer on that board. Now it with the if this bill passes if this bill passes yet will not be a requirement to have to appoint a law enforcement officer to the board of the the the five appointments will be at governor's discretion. Thank you representive Underwood you're recognized. President is also trying to reach around more here so I can say thank you mention the constitutionality of some the criteria currently has the AG's office weight on weight in this and all you know so we have an. Mr if you don't mind me getting up to the to the table ages office is here and can answer the questions on constitutionality of of this okay welcome to the table. We were just by yourself committee and the the representative Underwood if you would repeat your question. Doorly Chandler deputy Attorney General. Representive Underwood would you repeat your question yet I guess represent dos Commission the constitutionality currently of the of the current criteria and have I just was curious if you guys had had opinion on that or not yes as you all are aware we recently passed through bills that have been signed regarding the social workers licensing board and the make up of the quota that is required in that board and person that was based upon percent to litigation that was pending that after that bill passed was dismissed and that is all coming from the Finney US Supreme Court decision that said racial gender and gender classifications regardless of the motivation is presumptively invalid and only up held on extraordinary justifications which we would not have here under strict scrutiny to the attorney general's position is any of these board make ups that require a quota would be good or open a constitutional challenges. Hello yes one last fall so do you have a does the AG's office have an opinion on this bill specifically yes based on this bill and the quota requirements contained within the bill the AG's office is in support of this bill okay thanks. Further questions from committee members twelve. I pledge in the table. Representation yes with with your permission committee's permission I can see that there's not enough people in the room to to get this passed there's lots of people signed up to to testify on it I see this is probably not going anywhere in this meeting so with with y'all's permission I would like to pull this down assented to interim study. Chair recognizes that and Chairman chair will pull that pull it down and let you assign it to for an I SP thank you thank you. Those that were signed up here to speak against the bill of the bill has been pulled and. You will leave you're welcome to do so. Let's go back and we'll start down the agenda House Bill. Fifteen ninety three. I believe we have an amendment. Committee members a. Representative lawyers would. Got to bills body wash run sixteen eighty seven first. We have an amendment to it. But we won't hold up just say you do have somebody here it's going to testify on the. For against sixteen eighty seven yes Sir missile crew from the secretary of state's office. Okay is there someone here is going to speak up. For against house bill fifteen ninety three. Well yes I can't say okay I got you there you are so okay give me just second demerger we'll get to that just a little bit so. Should we got this book speakers on both sensuality of the table will go ahead and do house bill sixteen eighty seven and of it is there's an amendment to that has amendment amendment the amendment has been handed out to represent you all you're recognized to present your amendment. Thank you Mr chairman and I believe they have passed out on Amendment. They have passed out the amendments are. Okay. The manager recognized to present the amendment yes Sir IBM had had gotten some input from the the secretary state selection division and Association Arkansas counties and some other folks in an incorporated those into original bill and for Sheikh John the line that a member to be. voted on please. Okay we have a do pass on the Amendment any questions. Seeing none all in favor say aye. All opposed say no amendment is build up to you're recognized now to present the bill as amended thank you committee house bill sixteen eighty seven by myself and senator Hammer as a follow up to our previous bill SB two fifty SB two fifty laid the groundwork for counties who vote to use paper ballots. House Bill sixteen eighty seven gives needed guidance to required security measures that are unique to paper ballot voting. Such as a requirement for paper of the paper ballots to have a watermark establishing a minimum number of election workers needed to transport account balance it also establishes a hard deadline for having paper ballots kicker of the paper ballot count finished. The bill also clarifies other reimbursement to counties who choose to do hand counted paper ballots. Finally we also included a exception for an the county Clerk said wanted to a small election such as maybe a small municipal election without have to use the tabulators which would save them quite a bit of money. And that's all there is to it questions from committee members represent to make sure you're recognized for a question thank you Mr chairman does this set a minimum time frame that saw of a quorum court decides they want to go with paper ballots is there a time frame that they have to make that decision so there you know I I what I could choose to do this two weeks before an election is there a time frame that that has to be done or is that even considered in this yes Sir indirectly it's a it's a. The County of Election Commission has to. Designate the hand count polling site thirty days in advance so you have to at least thirty days notice for that to take place. If the questions from committee members. Say none. Have anyone signed up to speak for is anyone signed up to speak for against the bill. It landed L. Lancaster You're signed up to speak for the mail is that correct. All right Sir so noted thank you. One is signed up to speak for against the bill. So representative longer recognized too close to your bill as amended I'm close for the bill would appreciate a good vote. Representative loan his clothes with these bill. Representative Cooper have a motion do pass as amended any discussion on that motion saying none all in favor say aye. All opposed say no. The Bill pass as amended congratulations. Thank you Committee representative Ron you ready to also present the house bill fifteen ninety three yes Sir. Read yet we also have an amendment only as so give me two seconds we hand out the amendment. Okay read the logo ready to buy a blue we've all got the amendment so you're recognized to present the amendment thank you Mr chairman after putting the bill out to the public to view I had I was approached by one of the couple different organizations and individual represent representative it has suggestions on how to make it more friendly to of universities here in Arkansas law enforcement and of course with the intention of the bills not to Inhabit them from doing their jobs I was glad to. Incorporate those suggestions into this amendment appreciate a good vote. Long as presented the amendment. I have a motion do pass on the amendment any discussion on that motion. Playing none all in favor say aye. All opposed say no. Representative long you're recognized to present your bill as amended thank you Mr chairman H. the fifteenth ninety three would ban state support of any federal agencies engaging in a board with surveillance the he was sent a strong note a strong message the NSA and other federal agencies potentially driving the needed reforms on the federal level and having a practical effect to instead of Arkansas. Now you might be asking yourself can we legally do this now answers yes H. the fifteenth fifteen ninety three rest on solid through the rock solid legal principle known as into commandeering doctrine simply put the Supreme Court has consistently held that the federal government cannot force states to use their personnel or resources to enforce federal law or implement federal programs five major court opinion stating back to eighteen forty two reformed and support this legal principle. So whether or not Arkansas can refuse to provide material support and resources to federal agencies supporting wireless data collection is settled is a settled issue now the question is whether or not Arkansas will continue to support support a constitutional federal spying on the citizens. Any questions from committee members represented clan you're recognized for a question thank you Mr chair representative on what problem exists that you're trying to solve here I had hi and along with a lot of other folks in my district the don't like the idea that the federal government basically spying on us for no reason we're not terrorists and don't feel like they should be doing mass warrantless surveillance of the citizens follow up recognized thank you Mr chair so so this bill is in response to the federal government action is taken under the patriot act in response to nine eleven is that right among other things just. Further questions from committee members. J. none. A representative long if you would just vote from the end of the table got the. The one signed up to speak up against the bill. Thank you Stacy road with Arkansas state police if you would just have to say that I value sales committee and you're recognized to give you testimony good evening I major Stacy roads I oversee the crime on the criminal investigation division of the Arkansas state police at also as part of my duties oversee the internet crimes against children task force which encompasses the entire state of Arkansas as part of the internet crimes against children we have fifty seven local agencies that as a part of our task force I'm here to speak on and that detriment to our task force that I believe that this bill will create. As part of our task force electronic service providers are required to report child **** when it's found in there to report it to the national center for missing and exploited children our job on the task force's we receive those tips and it comes to us in a variety of different ways sometimes it may be an I. P. address it may be a user name it may be an email it comes in and many different facets we get that information and we use it to determine location jurisdiction and things like that now we take this information and we don't just take it at face value but we have to receive it in that form but what we do with it is is we take it and then we go and take the necessary legal steps with subpoenas and search warrants and things of that nature so that we're not getting this information illegally to use against the citizens of the State of Arkansas another manner in which you would be detrimental is we're also re receive tips from the national threat operations center in that's an entity of the FBI and they receive death threats threats of school shootings various different threats across the U. S. and a lot of those are done on social media they're doing on gaming sites and the identities of these people are unknown they send that to us and it's typically an I. P. address we usually M. seek information on that through emergency circumstances so that we can toward any any school shootings and. We we have to we have to receive that information last year alone our internet crimes against children re received four four thousand five hundred cyber tips related to child **** in our state and if we didn't receive it from the national center of missing and exploited children's I want you to consider how many children are going to be victimized across our state I'll be happy to answer any questions. The manly recognized for a question. Thank you chairman thank you so much for being here today have you seen the amendment that represent long put on this bill at all I I don't believe I don't know I think it might address your concerns so maybe you can have a chance to look at that I think that was specifically addressing your concerns there with the amendment that he that we just passed and I know it's late he per didn't get it so. Can we give a minute to read chairman. Yeah. So if I'm understanding the amendment correctly the incorporation of the amendment includes that we can share information with the federal agency. Was there any other thing that I missed. And receive is what I was saying that you could receive information as well so that's what I was looking at there so the last thing on his. It shall not protected in our state so I know it's the last hour but anyway that was my understanding of the amendment. And maybe the sponsor can address the you know say we need to have the sponsor ensure that question a major if you want to set aside a little bit out that we need you to answer that question with this amendment that's really a great question representative blog you would come back we need you to answer that question. Well this. With the amendment it's just going to prohibit the law enforcement judges the testimony from the Arkansas state police have been able to work with federal agents across state lines and per not good pretty and other things of abuse of a child abuse in the center is this going to this amendment going to prohibit tatters is okay area is going to let them be able to share that information and work together actually I think the bill itself would allow. Them to share information with us with the the purpose of the bill basically is that the state is not going to share information with federal government if they do not have a ward. That's basically it as long as they have a legal ward what we're basically you're bound to to give them the information they are seeking right is the massive violence the metadata at the top of proof of a surviving sister during that's what hearing and. Did I'm I'm I'm having a hard time understanding did you say they've had to have a ward. No Sir report a statement saying that this isn't the bill itself was going to prevent of the state from sharing information with the feds it doesn't prohibit states sharing information with us. So it is so just kind of follow up all represented man let me I guess that is going to provoke immediate is the chair so are you saying and that this bill would prohibit. The state police or other law enforcement from sharing information with the federal government about child abuse and empanada Griffin things related to Mr chairman no I'm sorry yes Sir Mr chairman it would prohibit the state government from participating in mass surveillance of the the citizens of the State of cherry metadata that on those topics. You got a question. Here. Okay any other yep major if you would have stayed in the table I guess we have a little trouble I know I am getting make sure I understand this so you heard the testimony Yard my question. Do you still see you still say there's a problem. Hold on Mr Calvert have you can't be talking to the sponsor of a bill while we're in it what the meeting is going on. That is not allowed. Okay sorry about the interruption so. What's your take on this now since you've heard the testimony used still uncomfortable with it or how do you feel yes so I gave you two very you know good examples there are other examples so and we recently just last summer we had to ADC escapees that escape from barricades we had to utilize the US marshals service in in tracking phones of of that that the the two people that helped him escape we have to provide that information to the U. S. marshals we and we do that all the time in in seeking fugitives. another example that's more notes here. So as part of the state police we are we also oversee the the the Arkansas state fusion center and as part of our state fusion center is we are constantly interacting with with with federal agencies and. critical infrastructure in so many aspects that we we have to have this exchange of information a lot of times it's about domestic terrorism and and so many different avenues that we we have to have that exchange of information because a lot of times it's it. Not everything is tied to the state of Arkansas and that there may be people here that want to. Commit crimes in other states and vice versa and I just think that that it would be debilitating does to not be able to communicate with our federal partners in that capacity. To make you have a question for thank you yes thank you Mr so we just had a situation in Conway where use went missing she thankfully was found in another state in the way this bill as written it would prohibit the state from allowing the fed to help with that searching for more across state lines would that be a correct interpretation of the the way this is written that's exactly correct and and I can give you another example of that of a fourteen year old girl that went missing from from Searcy County a couple of years ago without the the aid of the FBI who was able to you know get into the dark web and find who this young girl was communicating with and we ended up finding her in a bathtub with a dog collar in Texas and you know that relationship with the FBI actually helped us you know solve that crime and get that that young girl back to her family. Any further questions from committee members say none thank you for your testimony here today we appreciate you being here representative lawyer up hold on there we've got one more person signed up to speak for the bill Paul Calvert. You would just state your name to the committee and you're recognized speak for the bill. Yes Is Paul covered I I think I can answer one of those questions as far as the state being able to communicate. with the federal federal government and and maybe vice versa so in of the original bill I don't have the incorporated Amendment here but Page two lines probably starting at it's a person or a. Line thirty the individual has give informed consent for the collection. For use of electronic data data or metadata this pursuant to a warrant. Sorry my computer could present to warrant this based on probable cause and in particular described individual place or thing to be searched or seized for according to a legally recognized exception to the warrant requirement and so I think it's a legally recognized exception would would be situation where there's not time for a warrant or there's some extenuating circumstances but above like when the situation with a child is missing the individual has given informed consent that would be like the parents giving of informed consent I think that would apply in those cases he got child missing the parents can can give consent on that in a case like that I believe and so I think what what you're dealing with here is You've got situation we have probable cause information can be gathered and and searched but I believe what this bill is attempting to to to block is just the random. search of information gathering of information when there is no probable cause when there is no consent informed consent like what might come from parents when their child is missing. Or there is no warrant. This is designed to shoot in the practice of let's collect information and then if we some somehow some day needed they will have it that's that's not what the government should be doing they shouldn't be collecting information just in case they might believe that they should be at the root be required to have a good reason to collect the information before they go for go about collecting information. I hope I hope that helps. Any questions from committee members. Senate thank you for being here representative will represent the wrong. You're recognized to close with the bill. Thank you Mr chairman as I stated earlier of the target of this bill is not local law enforcement is basically just trying to prevent the state agencies from sharing information with the federal government when they don't have basically a legal legal need to see it such as having a ward It is also said earlier your put the bill out there quite a quite a while ago everybody that reached out to me got you there amendment put in here tonight's the first time I heard anything from the state police the bill would see fit to pass this out of committee thank you for your vehicle to the amended later hit the other end have fun state police would like to have suggestions made to make it a better bill because as follows the best deal possible. That apart close. The bill what's the The pleasure of the Committee. It doesn't do pass as amended any discussion on the motion. You're recognized for discussion on the motion I'll just throw this out there for whatever it's worth I I like the intent of the bill but I think it still needs to be matured and fleshed out more and I don't know that you know and are very tight time. Window that that can get done this session so as of right this moment I'm not old but I think if it could be matured and get to or all these concerns are met because I don't want to pass something out and inadvertently allow bad guys to do bad things because we're tying our own hands and that's exactly what caused nine eleven we don't want to do the same thing to to our state so withholding my vote now but hopefully at some point we can get this to where maybe we can move forward with it. The first question one motion representative Crawford you're recognized. Thank you Mr chair representative long. I like the intent none of us want to be tracked and traced. But you know thinking about the things we need to do to protect. I know there's a fine line here. So my question is do you think you have enough time to get it changed on the Senate. And somewhere along the way either now or the in would you be willing to put it in an interim study. So that it could become a a just a great bill. It is not a question answer session. You speak on the motion. Any further Discussion on the motion. Surely none all in favor of the bill as amended say aye. All opposed say no. He knows that with the bill has failed thank you committee I appreciate your your. Representative of Senate bill we're going to go back Sturch down will move to a hopefully here Senate bill sixty two. Mister Wardlaw you're recognized president Senate bill sixty two. We have an amendment yes Mr someone. AS left there up at down here and that could be valuable. Media. The judge not sure about that is it. How it was built. That is not the let's just turn it over to staff and then let somebody come get it. I got a Facebook notification but that's it okay. All right you have an amendment thank you committee has the amendment hand you're recognized to present your amendment. The amendment brings the bill to agreed upon status it brings a thrash to seventy five thousand dollars contracts that total potential value of center five thousand dollars in greater it it brings for the definition from house bill thirteen oh seven across to this bill and then it also brings our part cross the ordinary business definition for house bill thirteen oh seven with that I'd appreciate a good vote and make a motion to pass on the amendment. Any questions from committee members on the amendment. Saying that we have a motion of do pass on the amendment. All in favor say aye. All opposed say no amendment is passed now the president Senate bill as amended so committee what is Senate bill sixty two does for the it's pretty straightforward the title it just says that the state's going to enter into a contract it will not enter into a contract with anyone discriminates against firearms or ammunition are with the of fossil fuels it's a sister bill to house bill thirteen oh seven with these amendments all the opposition had been expressed as being satisfied we listen to their concerns in the sink Committee. Greed put their own amendment here and now we're greed upon. Any questions from committee members represented clan you're recognized for a question thank you Mr chair representative Wardlaw what give a sense of what concurrent contracts this impacts or even if it doesn't impact contracts going backwards how many state contracts would currently meet these qualifications if they were to be made going for or in conversations with the procurement office they don't know of any that violate these proceedings today thank you. The questions from committee members and chairman if I may there one of these pieces to this amendment is from procurement. Further questions from committee members. Saying that the one signed up to speak for against bill represents whatever you're recognized to close your bill is amended easy close I make a motion to pass calendar should do pass as amended any discussion on the motion. Per se I have to say no graduation bill is passed as amended Mister I do have one more Senate bill Senate bill four thirteen if you would indulge. It's really easy bill. Go ahead Senate bill four thirteen cleans up process that we just experienced is the process in which the governor appoints members to boards and commissions and their affirmation to the Senate right now we have to be in session for that a Furman Dacian to take place this bill says that they can meet and committee of the whole and take care of that anytime what that will do is allow them to take these up one oh one instead of having to compile a bunch of at one time and have the cluster that we experienced a few months ago with that I'd be happy take any questions questions from committee members. J. nine preparatory ready close I'm close I make a motion to pass got a motion to pass in the discussion on the motion. J. none all in favor say aye All opposed say no thank you Mr graduation bills passed. Next on the agenda is. House bill seventeen eighty nine representative declined. Well we have an amendment. It's just second while in the amendment out. I pledge recognized present your amendment. Hi representative Michael Landon House District ten so I have an amendment to house bill seventeen skews me seventeen eighty nine it just changes on the second page at the bottom I'm clarifying what is scrutinized company is and that it doesn't just say part owned but it says majority ownership so just making a little bit more narrow a little bit clear on exactly westernised company as. Any questions on the amendment saying that we have a motion to adopt all in favor say aye opposed say no. You can now present your bill as amended thank you. Okay we put up here okay so this is house bill seventeen eighty nine is just another bill that is designed to protect Arkansas and our Kansans from the undue influence of the Communist Party of China it's pretty straightforward it simply prohibits Arkansas state agencies from entering into contracts with companies that are owned a majority owned or unduly influenced by the people's Republic of China. Any questions from committee members represented clan you're recognized for court. Thank you Mr chair representative Michael and I understand a lot of the bills that we've had that have to do with things that we may not know if for instance the drone bill today that we heard that you know maybe spy ware something like that but if if our goal is to protect the state from undue influence Can you elaborate a little bit on and I'm sorry it's so late I'm trying really hard to do sentences and words right out of that can you will I read a little bit on why this state sort of taking bids in choosing to enter these contracts like why do we not trust this our state actors to know whether entering into one of these contracts is what is best for the state or not and other words they've got all the information in front of them what is the danger and why do we think it's the legislature shop to prevent it I think it is legislators job to prevent it I think that we need to make sure that the state agencies are taking a second look and taking a little bit deeper not just accepting things on face value we've got some great technology here in Arkansas especially when it comes to agriculture and then we have in a home state secrets I mean I had gone secrets but we have state information that doesn't need to be outside of our state our country as well and I think it's important that we make sure that state agencies are taking that second looking at deeper dive to protect what we have here in Arkansas. Recognized. The M. so thank you for that answer but I guess this doesn't really require second group secondly answer deeper look that this says no way right this this prohibits the state from entering into those contracts if correct if it is a scrutinized company in which case I would assume state agency would not but they do need to take a second look to make sure that it is not as good as company. Further questions from committee members represent to make sure recognized. Do you know if we are currently doing business with any scrutinize company I want to wear. Follow up recognized that I have you talked with the department of commerce or the part is I'm I'm I'm with you on the intent here okay my concern is I wanna make sure we don't have something going on that we're gonna rip the rug out from underneath them and have an unintended consequence because we do have a office in China the purpose of that office is try to get the Chinese people to buy our rice and soy beans and so forth and I don't want to inadvertently shoot ourselves in the foot by trying to to do something like that so I support what you're doing as want to make sure we're not putting ourselves in the process of yes thank you for that question I did speak with the governor's office and they did reach out to the department of commerce and said they had no problems with it. Any further questions from committee members. No one signed up to speak for against the bill representative Mike McClendon you're recognized clothes with bill as amended thank you thank you for your time tonight and I am because my bill and asked for it motion to pass. Okay representative makes I have a motion do pass as amended any discussion on the motion. Saying none all in favor say aye. All opposed say no. Regulations does have your bill is passed as amended thank you thank you Committee thank representative may. Oops. Representative Paul you got you got one for. You run in the Senate bill. The representative makes go ahead I'm and I'll get you represent yourself next so representative Nicks house bill eighteen oh five. Thank you Mr chair committee act that I have a guest to come up. Yes tape. I representative next. District thirty five. And your gauges identify yourself for the committee got a number and more let's say chair of Arkansas state firefighters association good you're recognized plead your bill. Yes Sir Mr but the up to the West Memphis fire department reached out to me and the what the the problem at the reason why I guess it is is that they're in the process of renovate and they're one of the major fire stations in the city. And they had the architect had prepared to plans that worked on about last year they this state is funding that the project and at the first of the year when I was about ready to start work they realize the architect I thank inform them that the new fire code that just said when in effect on January one of of twenty three required a a storm shelter. So that stopped the project because they didn't have the funds I don't have the funds to to to to finish the project so what what we're Aston now is to maybe to do it extension on the the the mandated time for new construction to have this stuff that's similar to what we did for the schools but I'll let up missed more explain more about this bill and what he's trying to do. Yes Sir yeah we've been working on a project to remodel a station in in our city as of December thirty if we had a plants almost ready to be stand by the architect due to holidays all that it didn't happen till January one he came back to is a new state building codes require such storm shelters not in just fire stations but all emergency services include not one centers payment stations police stations and all of them and at that time he wouldn't come for stamping a plan because in a building code which is what we applaud him for that and I want to go around allows what did state or project an increase the dollar figure on a project almost twenty seven percent and it's not only affected our department but we've had three or four others in and around the state is having the same issues and we've seen where from twenty five to thirty eight percent increase in college just because of the storm shelters alone and as we sing this weekend when the from the tornado damages have we don't know how many more this is going to affect we do know it's going to affect everyone here in the city of little rock from dams station nine and so we're just asking for the just a two year waiver to finish the project has already started. Any questions from committee member representative back you're recognized. And I'm sorry so are you asking for a waiver to give you time to to get in compliance with our waiver that the structures would never have been compliance what is as far away or the plans have already started to be completed as the plans are built without the storm shelters. Thank you. Further questions from committee members. J. none no one signed up to speak for against the red representative makes you're recognized close we bill at an and I want to say also that once these projects that have been started more or less with the plans the the the bill here is asking for the two year extension but this will go back. Requirements for go back to the the January one twenty three after the after two thousand twenty five. So the. The agency's it's going to be exempt under this as the nine one one call centers emergency operations center fire rescue ambulance stations and police department so this is what is it's a situation where. That they don't have the money and I've got to fire stays in my district is facing the same problem at that Marion and that park and so I really would appreciate a good vote on this so you can help they can get started work. Representative nations because of the bill which will. have moved to pass. Motion do pass any discussion on the motion. Saying none all in favor say aye All opposed say no regulations your bill is passed thank you Committee thank you thank you for your patience here tonight so representative all. This may senate bill four four seven Senate bill four four seven. President job you're recognized to Present your bill thank you Mr chairman thank you Committee this is really is a very simple bill as you can see it changes to words and it's trying to correct the mistake that was made in twenty twenty one ACT four forty eight it merely add left the words city Clerk. In the area where the votes needed to be tabulated it took city Clerk out from appearing on the ballot so we're just trying to make a correction technical correction two ACT four four eight of twenty twenty one. With that I will take any questions any questions from committee members. Seeing none. But one signed up to speak for or against the bill we have a motion representative makes of do pass any discussion on the motion. Hey none all in favor say aye. All opposed say no graduations and thank you for your patience. Moving down the list representative Clowney. Best so we're. Representative Perry passed bill eighteen seventeen. Not in Rome. Representative flowers house bill eighteen twenty three. Representative flowers. Yes Sir I we got do you counselor. Senator Tucker Senate bill two thirty five. Thank you Mr chair you're recognized present your bill. Thank you Kim members of the Senate bill two thirty five it's a bill really a modernize and an update and improve the process by which absentee ballots are counted I'll talk just for a moment about the substance of the bill and then kind of the process of how we got to this point. first just as to the substance the reasons came to my attention is because so many more people voted absentee in twenty twenty that it ever happened before because the pandemic one particular issue that caught my attention is that all absentee ballots had to be counted by seven thirty PM on election day no matter how many there were and the concern there was that maybe not only absentee ballots could be counted by that time and the governor issued an executive order to get around that but I think we need to clean up the law a little bit and then in the aftermath of the twenty twenty election there were some other. Events that came up where. They were close races and provisional ballots and some folks were allegedly notified that their ballots could be cured and and others weren't and that was also problematic and then there was a race where an entire box of absentee ballots was misplaced so of the aim of this bill is to kind of remedy all that. so the first thing is that into in terms of the timeline of the counting of absentee ballots we don't want any ballots to be counted before election day that could create issues that we want to avoid so it says absentee ballots can be counted no earlier than eight thirty AM on election day and then it says that absentee ballots and early day votes excuse me early votes must be counted before the polls close on election day and then counted continuously until completed before election day ballots are counted and then the consort of the next section of the bill has to do with the process by which absentee ballots are counted and and reviewed canvassed is actually the workforce of the really kind of the first thing related to that is a ballot is either first it's reviewed by poll workers and then after its review by poll workers and that's reviewed by the County Board of election commissioners when the poll workers provides the initial review the it's either the ballot either accepted or is put into a provisional category one of the things that I think is really important in the bill that we were trying to fix is if your ballot is marked provisional you ought to be notified so you have an opportunity to cure it so this bill requires election commissioners to notify any person whose ballot has been marked as provisional so that they do have an opportunity to cure it there's really to curing processes I before I move on I think it's important say the have to notify the voter as soon as possible but no later than forty eight hours after the bill's been marked as provisional so there is a time when this factor to it beyond that. as for the curing process is a said there's really two two processes the first is that if there's a serious error with your absentee ballot the only way that you can cure it is by showing up in person at the at the a polling place to prove that you're the person who voted that ballot the more serious errors there's a list of four in the bill one is if you did not provide your voter statement the second is if you don't provide your voter ID with your absentee ballot when you submitted the third is if you're signatures don't compare and the fourth is if the address on your voter statement does not match the address on your absentee ballot application if any of those errors are present then you have to show up in person to confirm that you're the person who submitted that ballot if the air was more minor in nature like for example you have to dish it off your zip code then you can cure in writing no later than noon on the Monday following the election that time one is is can current law so that's not changed and then. beyond that there are as I mentioned there there is a box in this place the absentee ballots after the twenty twenty election so there's a this section of the bill that has to do with chain of custody marking ballot boxes to make sure that ballots are not misplaced and something like that never happens again and then there's a section toward the end that if anybody suspects any fraud at all then they have to notify the Attorney General a local prosecutor as well as all candidates in that race you know there there may be a bit more here and there I'd be happy to answer any questions about above before open for questions out I want to mention for just a minute kind of the process by which this bill came about you heard me say many times make a reference that twenty twenty election I did start the first run of this bill on the twenty twenty one session and over the course that session I worked with former senator Bob Ballinger Senator Kim Hammer extensively over a multi month period I probably made I don't know forty changes to the bill fifty changes to the bill that that they requested that I put in and then the bill did make it through the process I've filed a scaled down version of the bill this year but it still had all of the suggestions that I had received two years ago from senator Hammer and former Senator Ballenger and then I'll continue to work with folks this year including Mr Clint Lancaster over here to my left and we made I don't know how many changes to the bill Mr Lancaster probably ten or twelve or something like that something something in that range and the point here is I've worked with a whole lot of people to get this bill initiate and number Democrats okay they all everybody that worked with on this bill are Republicans even two I think Mister Lancaster would describe himself as and in the far right certainly the other side of the spectrum for myself the point there is this is not an ideological bill this is a press. Matic a piece of legislation to improve the process by which absentee ballots are counted enough taking input from just about everybody particularly on the right side of the political spectrum to get this and in good shape so with that I'd be happy to answer any questions representative makes you're recognized. Thank you Mr chairman senator thank you for bringing this I'm gonna pick on you not because you're Democrat because you're senator because I understand there are there are certain senators who don't don't want a bill to come down to that into the the capital unless there's a Senate sponsor on there and I noticed on your bill with there's not a House sponsors so I guess my first question is do you have a House mantra to carry this bill for you I don't I just got it out of the Senate on Thursday and I was going to run in here tonight and if if you all passed out my plan was to ask won the fine folks to carry on the house floor okay and then that follow up. Okay the the I think you've already answered this but seriously that the secretary of state is almost I'm assuming has reviewed this and they can implement this no problem secretary of state does not have a position on it they reviewed it state board of election commissions coke commissioners has reviewed it they don't have a position on it the county Clerk said refuted two years ago they they took a position to support the bill I don't think they ever took a vote this time but they've added this version and and they're they're good with it those are really kind of the organizations that I'm aware of that that's review the legislation and that's that's my main concern I just want to make sure that if we pass this they can implement it without any issues that sounds like that's the case thank you Mr thank you represent the questions from committee members saying none no one signed up to speak for against the bill Senator Clark you're recognized close with the bill. you will take C. did you speak for the bill Tucker. Clint Lancaster still object so it I think the proudest day in the Lancaster House so recently was when Max Brantley called me an ultra conservative I felt like I had arrived however I did have the pleasure of working with senator Tucker in this bill looks like it's doing a lot a lot of what is doing is rearranging however it what it does when the big things it does is if you have problems with your absentee ballot you have to come in person and that is one of the goals that election integrity is to get your voters to fix things in person and they also have to verify that that's their ballot that they actually sent in so you have several layers of election integrity and protection this is a really good bill I'm I'm very I'm very hopeful that it will come out of this committee with the passing that everyone of you folks would be kind enough to run it in the house because it will make our elections better. Any questions from committee members representative Gonzalez you're recognized thank you Mr of of her my spring the call some people some what I would consider moderate soldiers and Service I would put in a seven back to our would you agree. Every little bit counts. Sessions from committee members. J. none you're recognized because we build maybe already did it up no Sir I'm I'm closed and I appreciate a good vote represent Senator Clark is closed for the bill. I have a motion representative makes do pass of the discussion on the motion. So all in favor say aye. All opposed say man. That seven graduation bills passed thank you Mr thank you members representative Gonzalez you will run your bill. At twelve twelve forty eight we just pass over it. Is there any other hat is any other sponsors in the room for any bills its own is agenda that's correct yeah. Seeing none Committee thank you again I know it's been a long day but we just got it wiped out just meeting is adjourned.