Judiciary Committee- House

Two seventy Senate bill two seventy and with that the next person who signed up to speak against the bill is David obviously no. If you come to the end of the table and state your name you're recognized to give your statement. Greetings chairperson committee my name is David Evans NO and I am against as B. two seventy. Like I said my name is David Evans you know I am an American army veteran with three tours of wartime engagement. Part of the soldier's creed states I serve the people of the United States I will never leave a fallen comrade behind and a guardian of freedom and the American way of life I am and always will be a soldier. I thought for all of you to have the right to sit in the chairs that you currently occupy and L. Fite in attacks coming from those same chairs directed towards follow our fellow Kansans and Americans I am also a also in alderman with Yuri with the revised plans city council the city council fervently supports and embraces our LGBTQ community and LGBTQ tourists we have unanimously enacted ordinances to accept and protect marginalized people. Arkansas's SP two seventy if enacted means transgender people will have to make the impossible decision of breaking the law when reviewing their private medical information not to mention the obvious risk of harassment and violence that comes with forcing transgender women into men's restrooms and transgender men into women's restrooms. There's absolutely zero evidence that this bill is even warranted. Here's a scenario for you to think about a woman which could be your wife sister mother or daughter with breast cancer maybe has lost her had a double mastectomy is mistaken as a man and a woman's bathroom will she be accused and arrested at what point do we say enough is enough. The senator said on the Senate floor that subpoenas for both certificates and DNA tests could be used in defense of this bill when a trans person is arrested for entering a public restaurant. We're in any constitutional endeavor could this be legal and how is it even ethical. This proposed law is unenforceable and will encourage vigilante justice and mob mentality furthering violence against our Kansans and its tourists I shudder to think about the violence against our children and our schools just because I believe may think that a classmate is transgender. The fear of violence rape and even murder already a daily reality for transgender people. These are things that I worry about as well for my trans friends my trans constituents my trans husband. Bills like these will make it unsafe for trans people to go out in public in the state of Arkansas. Sometimes legislators have even fantasized about committing such acts of violence and twenty twelve a Tennessee state representative who introduced his very own anti trans bathroom bill that you're described it just what he'd do if you discovered a transgender woman in the same bathroom or dressing room as his wife or one of his daughters he spoke of violence and brutality as quoted in the Chattanooga times I would stomp a mud hole in her and then stop per dry. We all know his family would never be put at risk a person just needed to take care of a basic human function and that was to P.. The state lawmakers feel so emboldened to threaten trans people with physical violence is a testament to the hostile and scary world in which trans people live. This proposed law and the conversations about them contribute to the climate in which according to the national institutes for of Health eighty two percent of transgender individuals consider suicide during their lives and forty percent have attempted suicide. And that transgender women of color or increasingly the target of deadly violence and murder. It is quite clear whose privacy and very lives are really at risk of state legislatures continue to succumb to anti transferor and hatred and give it state section. Transgender people are my comrades their fellow Arkansans and fellow Americans the soldier will not leave them behind chairman and members of this committee urge you to vote no on SB two seven a I will take questions if you have them. Members any questions seeing the questions thank you for being here today. Next we have to speak against the bill merit medical the. A quick Jeff. Jefferson Jennison I'm sorry okay okay. You'll state your name you're recognized absolutely hi everyone good morning or good afternoon my name is Mary Jensen I'm the founder and executive director of transformations which covers the northwest Arkansas Ozark region. thank you madam chair and representatives for allowing me to speak for a hearing from so many trans folks and hopefully so with since the weights that this proposed bill will impact trans communities. My name is Rick Jensen and I'm the founder exact Director of transformations I'm here to specifically address the types of impact this bill have some of the most marginalized trans communities in Arkansas most strictly our Kansans transcoder transwomen of color and trans kids without supportive families and for mean families. As a transfer the in a woman I want to share a bit about my own background my father and his family are from the Ozarks and I grew up watching how heat and divide with tear away and my own family where politics and religious beliefs we use as weapons to harm between my Baptist father who is white and my Catholic mother whose families are immigrants from Mexico I know all too familiar how racism systemic violence and bigotry can impact trans kids and when I came out in my own home I was kicked out and experience on going homelessness and managed to stay afloat through support networks. My experience is not read that is over half of trans youth of color will experience physical violence within a month after coming out. There is much harm in violence within our communities that already exists. It's by design today that we do not hear from and see many trans women of color much less trans when talking about these bills there's so much discussion in particular about trans women in our bodies and what goes on that I think it's important that you all here specifically from trans women why living art that FCRA licence House in our truth in all of our glory and beauty. That is because is often an unsafe for us to walk into these environments and be free from harassment and the threat of violence. I'm not sure if you're aware but black in black brown trans women are at the epicenter of violence in this country. They are the same women who will be at the epicenter of this violence when these laws if they are put into effect will play out here in Arkansas. As B. two seventy eight which is grossly titled criminal offense or sexual indecency of a minor sets up this falls in violent idea that trans people in bathrooms are predators and hurting children as a nationally respected LGBTQ advocate and transit activists for the past twenty one years I've been working directly with trans kids and LGBTQ communities as an organizer and I can absolutely tell you that most trans people are in the bathroom in the restroom we're really just trying to use the restroom as efficiently as possible there is nothing sexual about trying to PNP's there is nothing wrong with me being in the restroom. And I want to make clear here since earlier I heard Senator Payton shared lots of hypotheticals about how this bill could work and how it may be enforced but we all the time and I think that his intentions meanwhile I really do believe that but I also think that there are unfortunately falls I think hoping that nice folks would gently asked me to leave the restroom unfortunately is not how this optional play out this is not what the bill says it actually criminalizes need during or after using the restroom even if there was an issue and they found at the time that they are minors president who didn't have an issue folks conceal go ahead and force that and with all due respect and they really do mean this respectfully I find it so sad and surprising to that in my own experience so many of the men who support these bills and publicly attract tak trans women are the same ones were absolutely fascinated and obsessed with us in your private lives. So if anything it's often Arkansas and trans women particularly transmit of color who are harassed and assaulted by folks in the restroom best case scenario when I am in the restroom there asked me make up tips worst case scenario we are victims of sexual violence and a brutal mob mentality that gets enforced by police so I'd ask that like to ask you a serious question what do you think would happen to me if I was in the men's restroom truly just about that for a second what do you think would happen to me. If you pass this bill. Can you guarantee trans folks safety and provide escorts to and from the restaurants we for the spouse before. Who do you expect to enforce this potential live and I'm assuming that it would be cops or a local community my mentality that would go ahead in four sets so would you be diligent and prosecuting those who attack us harm us and try to kill us including unfortunately law enforcement. In case you weren't aware transport caller are six times more likely to be experience police violence I can attest to this as someone who has been a victim of police violence as well as violence from an so let's be clear this bill has been introduced in my opinion I believe to win political points by those who are bullies and using vulnerable trans communities to seem powerful enclosing madam chair representative I implore you to please vote against SB two seventy keep transported you say from further harm I am up in the questions of folks questions members are there any questions seeing no questions thank you for being here today next we have to speak against the bill billing make bride o'neill. Good afternoon everyone. If you get close to the microphone thank you Senate better. I believe in bodies Neil I'm a fourth generation or Kansan. My family names or Fleetwood and sales from Stone County. Thirty eight years I have been married to a wonderful man. I was married by brother Paul ECR springs First Baptist. I've been thirty seven years in business in partnership with my husband. So we could spend every day together. I'm a member of Pulaski heights Presbyterian church west can Paul's Hester. Thank you S. figure skating gold medalist. And your twenty fourteen US adult champion. I have inspired your children and your grandchildren to skate and to enjoy the sport. I was rewarded by US figure skating the honor of an article. Following my tenure in this sport over forty years. The article entitled. Hiding in plain sight. Was published June of last year and circled the globe. And you know me. My life in Arkansas has been an open secret for forty years. Because I transition through the UAMS Medical Center right down the street at the age of twenty two I am now sixty. Republicans lied incessantly about people like me. I am not a felon I am not a pet a file I am not a groomer. I am not a rapist. And now I will prove that to you. I have been in dressing rooms bathrooms and backstage. With generations of children your children your grandchildren. How dare anyone accuse me of anything inappropriate. You call Amanda Griffin. At the Arkansas skating and you ask about me. You call Steve and Angie Stevens. You call Gus and Becky Blas although Becky is fighting for her life so I wish she would leave her alone call John and Karen flake. And they will tell you who I am. I have been on your televisions and in print advertising for decades most recently an ad campaign for you M. S. orthopedic department Dr Lowery Barnes ask him about me. You have every intention of passing this bathroom bill because you have as Republicans been unanimous. With no dissent in the anti trans measures thus far. This tells me you have no intention of actually hearing or applying what is presented to you today. Because your rhetoric is that you should not tolerate crazy people. I am not crazy. I do not suffer from mental depression. I've been tested so I know. I'm not so sure about the rest of you. I have severe androgen resistance it's and curable that means a male body does not respond to male hormones. I had a choice to live my life as an undue scribbled on describable person. Or make a transition to a viable person. A central part of transition is what is called the real life test. Under supervision of a psychiatrist one is required to cross dress in the agenda that you are transitioning to this law is essentially makes it illegal to for a trans person to use a public toilet. You are all the children of those who tried to keep the black people out of restrooms and from using water fountains. And here you are again with the same tire tracks and fear mongering. Here's the real situation. There are women in ladies rooms who have ****. There are men in the men's room who do not have **** there are gay men in the men's room. And there are lesbians in the ladies room. There are people of all races and both there are children in both because everyone must urinate. Children should never be unattended in a public restroom. That's common sense. But keeping anyone out of a public restroom based on appearances not actions. Is a bridge too far. I personally. I have been in the ladies rooms with and without a ****. For sixty years. Nothing happens because I'm a moral person. Every time I use a public restroom I leave a post it note on the door a trans person has just paid. Nothing happened. This bill is in the name of protecting children. Which we all want to do. But this bill is a bald faced lie. If you genuinely care about the children of Arkansas you do pass sensible gun control. Because we are fifth in the nation for death among youth by firearms. There is no. Statistic. Regarding transport attacking children in restrooms in this state. You Republicans are dangerous fascist hypocrites okay let it loose I will not wait a minute to your orders where you're paying. Hang on yes ma'am it. One. On. It. Say this to you but it's for all the room I've been pretty. Lacson letting people. Talk but we're we're to really be staying on the bill and if you've ever been in my committee and a lot of these folks have been in my committee that said over here income all the time no that I don't allow anyone either on this committee whether it's one of the representatives are someone speaking to us to start attacking committee members whether it's a Democrat or Republican yes ma'am all and so. If this continues and it's a warning to everyone then the chair will stop any further testimony Senate those always been my rules but my rules my third time to chair this committee about it said on here and those are protect my folks so please keep your comments there I'm gonna give you about a minute because I've been pretty lenient and we've got thirteen other people who want to speak thank you very much I will say this to conclude. You have a real problem with me. I am a Christian transexual whose marriage was ordained by the Southern Baptist Convention. Senator John Payton. Attorney General Leslie Rutledge. Representative Mary Bentley representative Robin Lundstrum okay that's it I'm sorry your time is up thank you for the next person who will be speaking against the bill is an agenda Jenin. If you state your name you're recognized to speak. Thank you madam chair. My name is Erin Jensen I'm a husband a father of three an attorney a lifelong resident of Arkansas and currently a resident of Washington County. I'm appearing on my own behalf in my personal capacity. I'm here to give you three reasons why you should vote do not pass on SB two seventy. First I believe there's several legal issues with this bill. Second I believe you should be concerned about what passage of this bill maybe maybe if your personal legacies and third I want to make a personal plea to you as a parent. I watch the committee hearings in the Senate debate on SB two seventy and I've only heard vague references to the legal opinions regarding this legislation. I want to be more specific first there are serious equal protection concerns. As you should be aware there's a preliminary ruling from a federal court just down the street. That transport for either a protected or cross a protected class for the purpose of equal protection analysis that ruling was appealed to the eighth circuit heard oral arguments and left that ruling undisturbed. The state petition for rehearing was also denied. Assuming that calamity really becomes final any law that has an impact on trans people will be subject to heightened scrutiny requiring the state show that there's a compelling interest for law in that there is you're never it is either narrowly tailored or the least restrictive means to fill that interest. S. B. two seventy is neither narrowly tailored nor the least restrictive means to achieve the stated needed of protect stated need of protecting children. As for compelling state interest as the bill Senate sponsor has admitted there's not a single case of a trans person assaulting a child in the bathroom or changing room in Arkansas. The law is also not narrowly tailored as would reach Monday in unlawful conduct such as changing clothing going to the bathroom washing your hands or even going into the bathroom to blow your nose. Assuming the true intent of this bill is not to restrict trans people's access to public spaces and that it is actually to protect children from sexual assault there's an easy way to more narrowly tailored SB two summits two seventy by adding just one line Page two line ten after public changing facility add with the purpose to arouse or gratify a sexual desire of himself or herself or any other person this change accomplices the sponsor stated purpose of protecting children. And brings it in line with other criminal sexual offenses and state of Arkansas. Second and I've heard zero discussion about this but this is a criminal statute as you're well aware and will also be subject to eighth amendment challenges. As I pointed out SB two seventy will reach Monday in non sexual conduct carrying a punishment of up to thirty days in jail. Transpersonal going to the bathroom that aligns with their gender identity to as I said wash their hands blow their nose around so spot on there sure before stain sets and will be criminalized if a child is present. Simply being a trans person in the bathroom or child is present and nothing more would be a crime. But it's not just trans people that need to work. Imagine having a bathroom emergency in public you go to where the restaurants are located in the facility consistent with your agenda is inaccessible. And your choices either destroy yourself in public or use the other facility. You go inside and you see a child standing there waiting for the parent to finish using the restroom your choices either a do it we would all do and discreetly going to stall and relieve your emergency or B. exit or so yourself in public. If you do the former under this bill you've committed a crime. When confronted with similar hypotheticals from fellow legislators I've heard the bill sponsor hide behind the fig leaf of prosecutorial discretion. Yes prosecutors don't have to bring charges and hopefully would not in such a situation however that is cold comfort for people faced with the decision of either using the bathroom or risk prosecution Everest prosecution or suffer the humiliation of having accident public. Subject subjecting someone to up to thirty days in jail because they have to wash their hands or had a bathroom emergency is obviously cruel and unusual. Again my suggestion of adding the language may relieve that issue. And it's what it the spot the sponsors of this bill should do if if they honestly want a bill that protects children and survive constitutional scrutiny however the Senate can be suspects that the true purpose of this bill and what language what like that was left out and has been left out is because it's true purpose is to remove trans people from public spaces. Third SP two seventy in its current form also like a likely violates the Americans with Americans with disabilities act just last year the fourth circuit ruled that persons diagnosed with gender dysphoria are entitled to protections under the eighty eight. I do have the case cites Williams B. can Kate it's forty five F. forty seven fifty nine. Now not all people not all trans people have gender dysphoria. but many do and it's not uncommon for people with gender dysphoria to have the sport feelings around bathroom use I've personally observed this but more on that in a moment. These legal deficiencies alone should be enough to persuade you to vote no but if not I want to appeal to what I hope is something all of you have and that is a personal desire to leave behind a legacy of doing what is right. I think Senator Rapert did a good job of speaking to this when SB two seventy was voted on in the Senate but I want to elaborate on the point I think he was trying to make history both of that of this nation as well as abroad has numerous examples of people in power targeting marginalized groups because of who they are and what they look like I'm sure all of you can quickly recall both recent and ancient examples. And when looking at the history of persecution they're always just two sides the side of good in the side of evil without exception. History identifies those that used to target and criminalize and marginalize communities as being on the side of evil I am confident that the cause of trans civil rights will continue its March towards victory and some day that history will be taught in the school in the classrooms of our grandchildren. And when they get to the part about the history of how our country and specifically how the great state of Arkansas treated its transit assumes which side you want to be on. Let's be honest a majority of the votes you make are in the grand scheme and member in memorable in memorable. However there are some like this bill today that will be remembered I ask that you choose the side of good. Lastly I want to make my personal plea. In this we difficult. As I stated on the father of three children. Each of whom I am incredibly proud of. Well if you would like that so. And for whom I will do anything to ensure their safety and happiness. And some of you know my oldest daughter Sabrina is transgender and contrary to what the bill sponsor said today her transition and her and she is not a problem. Before she came out as trans and before she was diagnosed with gender dysphoria. I witnessed the stress and anxiety she had around using the public changing rooms and bathrooms. We would be out in public she would need to use the bathroom and she would beg us to the point of tears to take her home. At the time I didn't understand it. I thought she was just extremely modest and being overly dramatic. But now I know she was suffering from the extreme distress anxiety from the thought of having to use the men's room due to her gender dysphoria. But not. After seeing the visible distress the cost her. And knowing that she is a trans person now knowing that she's a transfers with gender dysphoria I will never. I say never maker use the men's restroom no matter how many laws you try to pass. I will inflict that kind of pain on my child. And you wouldn't either if she was yours. As our family has been fighting the say fact for the last two years. What we are optimistic that we will get a favorable ruling. We've been telling ourselves foolishly that even if we don't. If we can just get Sabrina to eighteen. We can put all this behind us. But then there's been this barrage of intransigence lace in the session. S. B. forty three S. B. eighty one S. B. one twenty five S. B. one ninety nine H. B. eleven fifty six H. B. fourteen sixty eight B. sixteen fifteen it's just so much. And then there's this bill it we're here on which criminalizes all trans people for engaging in objectively non harmful conduct just because of who they are and how they look. Sabrina is beautiful intelligent incredibly gifted. She's also a senior on the eve of setting out starting adulthood. Choosing a college and at least for now studying to be a nurse. We would love for her to stay close to home where she can come home on the weekends in the laundry and we're mom and dad are just a short drive away if there's an emergency. But as we discussed her college decision with her she said she would like to stay in Arkansas the place she's known her whole life the place for all her family lives and I mean all her family lives the place where her network of support excess. But she tells us she doesn't think it's safe to stay here. And you really can't argue with their. So we're facing the likely situation of our daughter moving away to a place where she knows no one. But she's not targeted by her government as a criminal simply for being who she is. To be taking all her talent all her gifts and all her awesome somewhere else. This also means we'll see how this office. In our visits home will be precious and a cause for celebration. Which in our family means going out to eat in a Sabrina speaking that means sushi. But if if this bill passes when Sabrina's home we won't be able to go out for sushi because if we did Sabrina goes to wash your hands before we eat or she needs to use the bathroom. She would have to overcome her dysphoria. And use the men's room or potentially risk jail time. If she did go into the women's room. She couldn't go with her little sister's. The people she shares a bathroom at home with. Because they're both minors and doing so would be of breaking this ridiculous hateful Law. I've lived and worked here my whole life so as Sabrina's mother. All and I mean all of our family lives here we love the Razorbacks. We don't want to live anywhere else. However I am not going to live in a place where my daughter can't use the bathroom. I have repeatedly reached out to members of this body asking to not move this parade of hateful legislation forward with little to no response so today I took off work made the long drive down this morning and I'm here today and I'm begging you. Please stop. Please. I'll be happy to take any questions. Members are there any questions seeing no questions thank you for sharing with us today next we have to speak against the bill Jo Anna Brandt brand. You're recognized come to the end of the table. State your name and you may make your statement. That's a hard one to follow. Thank you for having me today my name is Joanna Brandt. and I am here today on behalf of myself. As a mother. As a small business owner. I'm also here on behalf of my family. So I don't know if you all know this or not but Greenwood takes their football pretty seriously I live in Greenwood. And so on any given fall Friday night. Half of Greenwood packs the football stadium in order to watch the Bulldogs bring home another win. Now I don't really care about football at all. But I'm there. Because my youngest son Luke. has been on the chair team for now going on his fourth year only boy on the varsity cheer squad. And because he and his brother Dylan are so close as most brothers are Dylan has decided to support him in the same way that Luke has supported delen over the last few years by being the varsity chair manager for the remainder of this year and into next year which will be done seeing your your high school. So you can imagine that being at that football field every Friday night at some point. Dellin might need to use the restroom. I think most of you know who my son Dylan is. And that Dylan is transgender. In the absence of a single stall restroom in the football arena. Don't be put in a position to make a decision each and every Friday night. Does he go into the men's restroom which is where he has gone for the last few years without incident where he should go. Or does he very uncomfortably walk into a women's restroom and I wish I was allowed to hold up a picture because if you haven't seen my son lately he's got better beer to the most of you. And would look ridiculous and dangerous to others as he walked into a women's restroom. Doing the very thing that you all say that this bill is meant to prevent which is making women feel uncomfortable. And like they're lacking in privacy by having a man enter the bathroom that's what he would be doing if you follow the law. Now imagine also for a minute this packed football field. That there's a dad. With his daughter imagine you are a dad at that football game with your minor daughter and you're waiting outside that bathroom while she goes in and uses the bathroom. And Dylan strolls in with his full beard looking every bit of the whole grown man that he is walking in behind your daughter into that bathroom. I can just about guarantee you that in Greenwood Arkansas that dad is not going to wait for an explanation from Dylan he's going to **** him up drag him out of that bathroom and please pardon my language but he is quite likely going to beat his ****. No questions asked. So I'm going to need one if you. Port this to tell me what he's supposed to do. What am I supposed to tell my son to do. Do I tell him to ignore the law and put himself in a position to potentially be arrested and charged with criminal indecency with a child. What do I tell him to go into the women's restroom the place that he absolutely does not want to be making everybody uncomfortable in the process and potentially putting his own physical safety at risk. What is he supposed to do. I'm just a mom. Who loves my kids. And like Erin I've been fighting this type of thing for the last two years in court with the state fact. And again I just kept thinking gosh if I could just get him to eighteen this will all be okay. And now it's not. And what I failed to mention is that Dylan is going to be eighteen his entire senior year of high school who will turn eighteen in September so you will have not one but two bathroom bills that police is ability to attend to one of our most basic bodily functions that we all have to deal with on a daily basis so what what is B. Friday nights it will be every day because the likelihood of a minor being in the bathroom when he's at school is pretty high. And to be honest this issue has already been addressed Dublin has used a single stall bathroom in school since the eighth grade. But there are occasions where there is not one convenient because at this point he's either having to use a nurse's. Bathroom. Or if he's here the administration offices there's one in there he can use. But on occasion he has told me that in the science building that is far from both of those. If you really have to go. He makes his way into the boy's restroom. Usually pretty quickly because what he's afraid of is being hate crimes in the bathroom. The amount of scenarios that I could give you. Of ways in which you all are legislative people into a corner with no reasonable way out. It's the football stadium it's our basketball arena and speaking of the basketball arena. I was thinking as I was sitting over there of an instance where again my youngest son was cheering at a basketball game where the basketball arena again lots of people don't have to go to the bathroom so he does what he always does is he gets up he usually looks around quite a bit as he's heading towards. The restroom assesses whether he feels safe to enter the men's restroom and then he goes that. I always worry about him. Every time he gets up and says I'll be right back I worry about him. When in the restroom witnessed all did what he needed to do came out was washing his hands and he hears the door open up behind him. He just had down washes hands so we can get out. He feels a presence at the seat next to him and he looks over. And it was the mail chair coach. And he said there was this moment where they both looked at each other. And then the coach said. Without tone. I don't like not what coach seventy. Nothing. They continue to wash their hands together and walked out together. Intel and said it was a moment where he knew that they both were thinking the same thing. This is okay. This is not a big deal. I don't know what you guys want me to tell my son. There is no good option here. I'm also a business owner. I own a small business in Greenwood where I rent space to vendors so my business doesn't just affect me it affects the seventy plus people that have trusted me to house their businesses. I've been the only parent to my kids. Pretty much their entire lives the only sole source of income for them and like Erin I am not going to ask my son to live in the State. That will try to legislate him out of existence. I will not make my son state in a state that tells him where he can and cannot P.. But I also cannot afford to leave. I also have a son who's very happy where he's at. Like I said he's been working hard his for the last four years with his ultimate goal to be on the first of each year. And now I'm in a position to potentially have to ask him to leave to ask Dylan to leave his job he's worked for a year at his job he lost his job his work families great. I bought a house. As a person who never thought I'd be able to buy a house alone I own a business as someone who never thought I would have a business. But with this bill if this bill passes and goes into effect I will have to seriously consider trying to find a way. To leave. To leave my home to leave my business to disappoint all the people that have trusted me with their businesses and to approve our lives. After to be quite honest two years ago our lives were uprooted. With H. B. fifteen that with this a fact. It has been too long hard years and I really thought we were almost done so I ask you to please. Think about this and vote no on this bill because it is not going to help anyone it is only got her Arkansas families and drive us out. And you should want us here. Thank you thank you for being here today. Members. Yeah on my agendas. Schedule and give this bill about fifteen or twenty more minutes for testimony so I'm giving everybody a fair warning because we've then got another slew of bills to here after this and so I can either take a motion to limit testimony or I can ask the folks who are left which we have. Twelve month folks. That we have got to narrow it down and I I mean I want to give everybody that's come in his state an opportunity to speak but we can no longer allow fifteen or twenty minutes a person because this committee is my gold for us to be out of here by five. If at all possible we've worked hard all day and that is my goal and so I'm going to just of money she votes that's what we have or will end up limiting and you will not have much time at all. Right the next person up is Jessica Disney. Hi my name is Jessica Dismang I'm a transgender woman I have been out publicly for the past two years and on hormone treatment gender affirmation treatment however you'd like to refer to it and uh once again. I know I see a lot of familiar faces you guys have seen me before AS in front of you to look. Hope that you guys are listening and understanding what you're hearing today. There are many fats that can be shown from peer reviewed studies like the UCLA school of law study that shows in states where they have codified our rights to use the restroom in accordance to gender identity that it shows that there is no increase and number or frequency of these crimes earlier the bill sponsor referred to people being asked to leave as things that were made up to be hypotheticals. Well this is what my lived experience shows. I've had people follow me around screaming at me for existing in public restrooms public space. I've been followed into the women's restroom at the beginning of my transition by both men and women seeing me. Demanding the online not continue. Or they would call the police against me. I've had death threats sent to me and posted at the door of my own home. Because I am transgender. I was forced to move for but. From my own House old. Because of this recipe that I fixed. I've seen people on the national level call for people like me to be exterminated. I've walked these halls and I've had people implied that I'd be better off dead. Last year because of this respite. It was really only through the support of my closest friends and family that I can even set up those to the board for review today but not since you did not out as prizes for students because. So sad but so. I have to wonder if people under student in our state legislature what it's like eight to ten people with what we face these consequences that are caused from these Bills. I could go into how enforcement. From if I'm supposed to have a police officer sold me to determine my agenda whether or not I need to carry proper identification papers. I have to wonder if in the future so I ask you to wear special simple to determine why in a. I've heard bill sponsors trying in support of this as compromised and surely I just beg you to allow us to exist. We could not be admitted criminals for needing to use the restroom. We cannot let our state legislature validate the violence that is already use the good stuff's. That study I mentioned earlier from the you say hello UCLA school of law well it did find that there was an increase of verbal sexual and physical assault. But there were hints transgender individuals. It wasn't against your everyday people. We just want to live like everyone else and I urge you guys to vote no put a stop to the violence please vote no one speak to served thank you thank you for being here today next speak against the bill. Amy Thomason. Hello everyone my name is alley Tomlinson I'm with disability rights Arkansas and I appreciate you all from hearing from me today I will make this very quick and I do wanna say that this bill is hurtful not only to its primary target that we know are changing our Kansans but to all of us I am here to direct your attention to those living with disabilities in our state now I do understand that this bill specifically makes exceptions for someone providing medical assistance you have that language in your bill so I won't go back over that however this bill provides no protection to the person needing assistance or more appropriate phase phase will be supports that is not seen here on the bill at all for the person who has a disability that need support is not provided any protection under this bill now I really need you to understand what this means so I am going to propose a example for you just to really break that down so for everyday life right so let's say that you will have a mother and that goes to a grocery store with their artistic adult signed stay with me I'll make this very quick okay and they decide that she needs to go to the restroom herself for safety purposes he has to go with her that means you have an adult male in the women's bathroom who is not needing any support or assistance what so ever if a child comes in to that restroom that adults can now be charged with the sex offense now it is not enough to say that within the law an adult with a disability cannot be charged because of the word knowingly it is not enough we cannot play Russian roulette with the our Kansans that we are promising to serve we can not do that we have to band together to keep our cans and safe and not amplified the violence. That they are seeing every single day I do know that we heard some testimony early on that may have sounded offensive but I want you to know that it's only because these individuals are hurting every single day this is their life they're living through this every day and individuals with disabilities we will be hurt because of this bill I do want to direct your attention to community based waiver services out that you all know what that is if you don't I would like to share some information on that with you after this but this infrastructure is crumbling right now in the state of Arkansas there are individuals with disabilities who cannot find someone to support them in their daily life so they can live in the community and now if we are going to ask them someone that is to be hired as a direct support professional to ask them to play bathroom bodyguard and find a way to make sure a law enforcement officer knows that the client is not a sex offender on the list of job duties that they already have to perform that's a lot that's a lot that we're asking of someone to support someone with a disability out in the community this is directly going into and the quality of life of the person the disability is going to be with me and I think that we need to also look at this from a different direction I think this is a very important this is not just going to impact the transgender community this has the promising potential to negatively impact us all so I do want to urge you to please vote no on this bill to pull it down and really think about the quality of life of all our Kansans when we're thinking about passing legislation I will take questions members any questions seeing no questions thank you for being here today thank you so much next we have Sierra Mitchell. To speak against. Once again let's try it. They are because we've got about nine more people and I've got about eight more minutes yes ma'am I wrote it two minute speech that. my name name is Sierra Mitchell I am here as a concerned citizen hand as a board member and acting chair of the outreach committee for the non profit a qual or the equality crew we are an organization intends on creating safe spaces and activities for LGBTQ plus youth in Northwest Arkansas. As the step mother of a transgender teenager who contemplated suicide to the point of necessitating in patient care. I refuse to stand idly by. One of the representatives of the State continue introducing and passing legislation that invalidates the identity of my child and of the many children that I served in the equality crew. According to data presented by the CDC in twenty fifteen suicide is the fifth leading cause of death for ages ten through fourteen and the second leading cause of death for ages twelve through eighteen in this state. Our state is ranked twelfth in the nation for its high suicide rates and in my opinion this bill will only serve to drive that number up last year we conducted a needs assessment for queer youth in Northwest Arkansas in conjunction with UAMS college of public health although our study on proceeds safety and available sources of support was mostly positive for queer youth in Northwest Arkansas I fear for the use of rural communities who have far less resources available to them most social support relates to adverse mental and behavioral health outcomes like depression anxiety. An alcohol use poor sexual health and suicide fifty one point eight percent of respondents from our study have visited mental health providers but seventy seven point nine percent of those reported that they did not feel that the provider was sensitive to their needs as an LGBTQ plus person that is the number that I am absolutely unwilling to put up with when mental health providers are supposed to be our number one support system for suicide prevention picture what those to stare those statistics would look like in places like Newton sharpen Calhoun County I'm talking about Benton and Washington County we're kind of a liberal bastion up there so it's I'm I'm just confused as to why anyone would think that this bill would be recorded for the safety of our children when I only serves to invalidate many of their identities in adulthood. As B. two seventy acts revoke any identity if that does not conform to biological sex assigned at birth I ask you this would you would you. We'll thank you wanted to go on living another day if you couldn't go use the restroom just because of how you identified. I I. I am truly appalled by. The incessant passing of bills like this I want my child to be safe I want the children of Arkansas to be safe I was never say for the child here I was sexually assaulted as a child multiple times by Senator Payton five. This white. Baptist men one of which being my grandfather. None of that happened in the bathroom none of the transferee thank you I yield my time. Next we have to speak against the bill Max I'm Mary I know maybe. Hello doctor. Thank you madam chair my name is Maximiliano caliber to. I am the development coordinator for entrances I have lived in Arkansas since nineteen ninety eight I have grown up here I have worked here. Some also speaking as a concerned or Kansan. If this bill is passed today is written I will be legally required to use the women's restroom or face persecution or prosecution rather for sexual indecency with a minor I am transgender I use the men's restroom as B. two seventy says that because my agenda on my birth certificate is female I will get charged with sexual indecency with a minor if I continue using the men's restroom and a child is present if I go into the women's restroom as I would be legally allowed to do women might be frightened or angry because of my appearance and they may call the police on me then the police will potentially arrest me because of how I look and also because my driver's licenses male why should I be arrested for following the law is that even legal. Well I'd be arrested brought to jail potentially experiencing violence by police or other people in jail because I'm transgender and because I follow the law well I have to be bailed out with money I don't have to prove that I was following the law and court for something as simple as needing to relieve myself in Walmart while I'm shopping for groceries or getting my medicine and it's not like I was breaking the law or doing something wrong I would literally be doing what is legally within my rate by the letter of this bill and I could be arrested jailed and forced to pay money to get out and then assigned a court date to prove I was doing the right thing why should I have to prove that why should I have to go through all of that and all of that after being dehumanized in public verbally assaulted by strangers and outing myself. It's not fair I shouldn't have to do that in order to use the bathroom when I'm not my home. Secondly Senator Payton mention civilians being able to call out and say we shouldn't be in the bathroom what about people who are deaf or hard of hearing that won't be able to hear someone asking them to leave. What about folks who don't speak English or don't speak the language that someone is asking them to leave in what about people who are non verbal and cannot communicate with the person telling them to leave what about folks who need care support we're going to the opposite bathroom because it's easier because it's what the care worker needs what happens to those people well they certainly be criminalized for their access needs this bill will be challenged and how much of the taxpayer's money is going to have to be spent for the costs of litigation why is taxpayer money being used to create and pass bills that are unconstitutional and fundamentally harmful to so many finally I want to reiterate that Arkansas our Kansans deserve to have equal access to public accommodations especially a safe place to relieve ourselves when we are out in public it is not a crime to use the restroom but as B. two seventy would make that the case for me I respectfully ask that you consider all of these issues with us B. two seventy and vote now I'm open to questions thank you members are there any questions seeing the questions thank you for your testimony today. Next I have someone who signed up this is Jack but I don't have a last name. Please identify yourself by your first and last name and then we'll be recognized to speak. Hello my name is Jack Warner is the microphone on somebody yes okay just speak up so we can hear you thank you okay hello my name is Jack will not and I am a trans Arkin's in. my partner safety is what worries me about S. B. two seventy we go to the women's bathroom together even though they're more masculine presenting they can easily stand out and have a thirties card if the bill were to pass causing many issues this bill does not only impact my masculine partner it also affects women women who are comfortable being hairy comfortable being smelly people who or androgynous which lesbians and the list goes on this could include woman that you love if they do not meet society standards of what a woman should look like I understand your faith but god said love the center not to send you do not have to of a trans person for being trans but you can still of that person please vote no on this. Please vote no on this bill by doing so you and I can make Arkansas the safer place first saw. We could be finding solutions together for starvation homelessness the problems on the streets and so many other concerns of the public this bill is about control when censuring information any means of in different individual expression it is important to remember this but this is a pattern that repeats itself throughout history it was several who said that all the greatest world events happen twice and then Karl Marx added the first time it was a tragic tragedy and the second time it was a farce we do not need to be on the wrong side of history we are basically crying. For you to please not vote for SB two seventy thank you for your time and have a blessed evening. Thank you for being here today next we have met Mitchell to speak against the bill. Thank you madam chairperson. Ladies and gentleman I've come before you today to make a statement one which I hope we'll both be brief and begin the good faith that what the majority of us in this room today want is to protect innocent citizens. This bill SB two seventy has no rational basis. There is not a substantial body of evidence to create that rational basis and there's no need to sociais did with this bill which is not already addressed by laws we have in place in this country and in this state we already have laws against harassment sexual assault and indecent exposure. And if there is a problem with those laws it is with the execution of justice in regard to them not with the laws themselves as B. two seventy contributes nothing to the process. I had an example I would like to bring up in specific. The fact that. In twenty twenty one there were three hundred untested rape kits in the current state crime labs backlog. And that number was down from two thousand over two thousand in previous years and I think we can all agree that even one untested kit is a gross miscarriage of justice. But we are not doing all that we can for the service first of legitimate crimes. Because H. B. thirteen fifty five also crossed your desks were some of your tasks in twenty twenty one and it would have provided survivors of the right to have their free test kits tested within ninety days of collection by law enforcement the right to speak to a counselor and the right for those kids to be retained until the statute of limitations on that had run out. That bill failed to pass. And I'm wondering why we are focusing on that redundant legislature. Instead of anything that will substantially actionably. Assist survivors. I will not speak on subjects which my trans siblings have. Working on in some cases much better more eloquently than I could have. I am also a CSA children's child sexual assault and sexual assault survivor none of which happened in the bathroom other than the one that could have probably been. Persecuted which I chose not to report because I thought what would be the point it would take years to see any justice if I saw any at all. Offenders as we all know we're going to read going to offend regardless of the law the thing that prevents crime is not creating policy which target specific groups or identities it is the Swifton underwrite wavering prosecution of those crimes. Assault and harassment along we all know this that's the bottom line regardless of who the perpetrators are I know we agree on that. Prosecuting crimes not only takes the offenders off the streets it makes them think twice before they commit and it also can make encourages other survivors to come forward what I didn't. If a bill like to seventy had been in place when I had that particular sexual assault it wouldn't change my outlook at all. I would like to conclude by saying that I believe that the majority of us in this room. Revile sexual assault strive for justice I like to believe that the majority of us are here because. We want what is best for our children. For our neighbors. For families and for each other. And I pray that I'm right about that. I urge you to vote against to seventy today and I thank you all very much for your time. Thank you for being here next we have to speak against the bill Simon Garbett Garbett. I am sending are bad I might answer with me because I'm in the office Hi my name is and I bet I am a six year old trainman and I am here to speak out against SP two seventy I would like to start by saying I am the only openly trans student using the bathroom identify with in my entire school of about eight hundred kids. The online. I go only during my seventh period class make sure no one else is in there I use the bathroom and he was quickly as possible for my own safety I don't go in there to her other students will make anyone uncomfortable. Being a victim of sexual assault just last year. I would never go into any resting time one of my peers. Transmittal on not deviant the going to public restrooms to be inappropriate people who do exactly what everyone else does in the bathroom we use it and leave bathrooms can be dangerous for trans people in the transfer people actually heard us there it's more likely that I would get on the flight home somebody else. Well I'm I'm I know now I turned seventeen two months so by this time next year I'll be turning eighteen and I'll be affected by this bill. The confiscating would it just passed an anti trans bathroom policy against infants all right to go to the bathroom is threatened something I didn't even think was possible. By defining some insects on Page three line seven as someone's anatomy and genetics at birth that means you must know my anatomy it's tell me which bathroom to go into that is extremely at invasive and takes away people's rights and freedoms of privacy what makes what makes you think that you have the right to tell someone where they can go pee that's ridiculous. Charging somebody with a felony or misdemeanor for being in a bathroom a child is there that is insane. If you're worried about predators hurting children write something about in the bill. Don't it trains people for simply using the bathroom and open for questions. Seeing the questions thank you for being here today next we have Liz capo got that I'm sorry. Hi there I'm not gonna take hardly any time because everybody's already said everything that I was thinking my name is Liz got that pronounce or she her I'm assistant or woman or an. I am the mother of a transgender son who will turn eighteen a year and two months as you just said so this bill will directly affect my son our family if passed. Our state as a whole as a whole is in the bottom ten bottom five really for a lot of things poverty child poverty education health care maternal mortality crime most of the above mentioned in Arkansas and listed were in the bottom five one area that we don't have a problem is a tax of children bathroom for transgender people they're literally zero reported cases of this in our state or any other state that I'm aware of so it seems to me a better steward of our resources maybe to focus on those areas rather than where my kid wants to go take a P.. At this time myself and my family are actively looking at four I'm a nurse I'm looking for travel nurse contract outside of the state of Arkansas because of all of the bills that you guys keep trying to pass thank you thank you for being here today next we have to speak against the bill so. More. Sir more. Next we have Candace size more to speak against the bill. Really glad I got to talk I would like to talk about the safety of children in our state I own a pre school next to the real heights public housing in fable Arkansas I've been there for five years. I am trans employees have transparencies I've seen you know some reaction from I'm guessing the people who helped with this bill when we talk about how will affect when a sibling because the bathroom backed. One of and it's not clear when my trans employee changes that I've got a I've got a you know we all know that seems like chess. But did you watch the news yesterday. Monte business tax dollars that are like I have three classrooms it's two thousand dollars a month that's a whole other it's more that some of my employees make are you. To keep children safe I love trains people I am the mother of a transcript is also going to move to Minnesota should I go. You know because they're gonna be safe that they literally said we're going to be a safe haven. My money is going to this. I'm I don't even know what to say anymore and and to go back labor laws I'm I'm at a loss and I'm begging you please don't tell me we both we will support children being safe in Arkansas they are trans children in Arkansas. I am next to an intense part of our town a pretty intense part of the town and during COVID when schools were closed and eighteen your call was shot in the neck I will Heights I am not scared at all for a drag queen to walk through my neighborhood. And I am scared of the guns. And I want to touch on one more thing about child safety that's kinda blowing my mind I haven't heard anyone ask about why in the world would you change the legal ramifications for sexual assault so that you can charge people who have been committed it. Why what child does that protect protect. And you will be I I'm never gonna lead Arkansas I'm always going I love this state I love it. I was so proud to grow up here I came from dirt poor people. I'm proud to be a business owner and proud to serve willow heights I'm proud to serve Washington County and maybe I'll run because this is out Regis and the mention of tax dollars. Everyone in this room maybe doesn't you know but you the people at this table no this is that going to be a long fight right if this goes through. You don't have the right to keep spending our money like it's candy. To pursue a political agenda we see each other. That's it I'm open for questions any questions seeing no questions thank you for being here today. Next we have Shea McGuinness. Yes immune okay. My name is a reference Jay McGuiness I am a Pulaski County resident I was raised in Arkansas and a proud alum razorback and I have been all over this country have lived in seven different states in the last fifteen years and you know what I came back to Arkansas. Because I love it. This is a state that taught me my values and help me grow my faith. And I think I came back home because god was calling me to. You see I'm a transgender pastor. We exist. And I want trans children. To see trans adults and to know them. So they can see that there is a possibility to grow up. There's a possibility to live into the person. That was raised in Arkansas. Who gets educated and grows up and come back and make a positive change. And as a faith leader I can tell you that I am. Often deeply offended by. Christians to misrepresent. The guy that I love. And I want to remind everyone that Jesus's body changed. The incarnational guide. And did Jesus become any less holy. When his body changed. I don't think so. Thank you for your time. I urge you to vote against SB two seventy. Thank you for being here this afternoon. Next we have and I can't tell if it's. Two lawyers will occur I'm sorry I just can't read the first name. Good afternoon all. My name is the Lawrence Welk. My pronouns are they in them. And I'm and nine about non binary or Kansan. I would encourage you all. To vote against this bill. I speak for myself. As an advocate for the LGBTQ community as the executive director Central Arkansas pride. This bill as written is a direct attack against my community. We will not be erased. As you can see here all these great people testifying today. Are valuable the president they're willing to work with you to educate you. This is not a joke. Lives are at stake here. I believe we all should go through some inclusion and diversity training so that you are aware what the trans community is the non binary community is here in the state of Arkansas. Because we will not be erased we're not moving out of state we are here. Please vote against this bill is unconstitutional. Thank concludes my statement thank you thank you for being here. Members we have no one else who signed up to speak for or against the bill senator Peyton you're recognized to come to the end of the table and clothes for your bill. Thank you madam chair. Thank you members. I'll just be as brief as I can this is a misdemeanor. Has a very high level of proof before you can prosecute on it. It's only a effective when there's a minor present. It may shock some of you to know that it's already illegal in most places to go to the bathroom on the side of the road. It's against the law you can be charged. For going to the bathroom on the side of the road. It's indecent exposure in most places. All I'm asking all this bill is asking. Is it. Allen it's obvious that many people testified. Go through a lot of stress because their situation is causing them. To make a choice in which restaurant to use and that choice is not comfortable for them and I can sympathize with that. There's no reason for them to project it. On to the other people that are in the restroom they're not struggling with those issues. So just wait until there's not a child present in the restroom if you will need to use the wrong restaurant that's that's the crux of the bill it's no we took the felony out it's just a misdemeanor and it's very high level of. Meeting the standards in the bill not appreciate a good vote thank you members. Let me finish member center Payton has a close for his bill with the wishes of the committee thank you. I have a motion to do pass representative council you're recognized thank you very much I want to say something before he had closed for the bill but but I know but at that point he we don't allow questions or so now is the time to make statements for discussion on the motion okay so. I guess I'm just heard an awful lot. Payton and you're gonna have to excuse me but I am. Really upset. And disappointed. I have heard over and over again from you and from representative Crawford. And from folks advocating for this bill this bill doesn't target trans people. If this bill didn't target trained people. We wouldn't require. Proof of. Anatomy at birth. Of the driver's license with the agenda on it would be enough what I was going to ask you about but I I I wish I had asked you earlier. If you would be willing to pull this down and make the amendment that was suggested because of this is truly and I know you to be somebody who I have always I've always stress that I don't have any reason to believe that you're lying if this is truly about protecting children from folks who are looking for sexual gratification then why not just make an amendment that makes that very clear like Mr John and suggested language could be very easily added that made that clear that that's what we're doing here but as the bill stands now the language of the bill not intent but as the bill stands now it targets transport for. This bill will not prevent sexual assaults that are happening in bathrooms by trans people because there aren't sexual assaults happening in bathrooms by chance people. This bill also won't stop trans people from existing and while that I believe is not the point of your bill when looked in at their totality the collection of bills that have been brought before this legislature by the same group of people not legislators special interest groups with one goal the erasure of trans people this bill won't accomplish that either. They have always existed and they will continue to exist so this bill won't do either of those things that won't stop sexual assault and it won't erase trans people from existing what we'll do is increase violence it will increase the likelihood that people will be a start in bathrooms and it will be kids that would claiming to protect with this bill it will be trans people who are forced to use the bathroom that will bring attention to them in ways that will cause violence. And I just want to say is I will I will try to be quick I know we've had a long day here. I've never told this story colleagues the service we know that this is something I care about deeply and I never explain to you why. My first transfer and. And this is before I knew the word trans this is a fine you and if it. But I knew that my friend whose name I won't use because I have been asked for permission all I knew was that my friend like to dress up like a girl on the weekends when she was at home when we were out together. That that's who she was. And everybody who saw her as she was like me assigned female at birth. And one day. I want to say it was our tenth grade year I don't remember exactly the year in high school. she was discovered by somebody that she met at the mall. To not have been born a woman not have been assigned female at birth. Sow's ear ly. What. What we are doing this legislation even though I don't think it's anybody's intent. It's forcing every trans woman in Arkansas who presents as a woman. To announce. By having to walk into a men's restroom. That she is trans. We are forcing those women to expose themselves like my friend was exposed. We are subjecting women to the potential violence that my friend suffered. That is the reality of what we are doing. On the flip side as we heard. I think all the parents in this room know what you would do if you saw somebody. Who presented as a man follow your daughter into a bathroom. That's what they will be forced to do under this legislation the legislation doesn't allow the legislation compelled that. Using those boys those men. Because they were assigned female at birth how do you that restaurant you think they're not gonna get. Beaten up they're not going to be the target the violence of course they are this bill that prevents no harm. Even the bill sponsor was unable to point to one instance of actual harm that this bill will prevent. This bill will because it. That is what you're voting on today this is our opportunity to stop this bill right now. Please vote no. Thank you. Members any other discussion. Seeing no for the president Gazaway. Was that a. I thought I saw your motion you're recognized for discussion are you know I I'm I'm as part of this discussion And my understanding was that there was someone who had suggested that there be language for the purpose of sexual gratification added. I think clearly that seems to be the kind of Conductit we're trying to target here someone who would follow. A child into a bathroom for the purpose of engaging in some type of inappropriate sexual activity for the purpose of sexual gratification that doesn't seem like an and reasonable amendment to me understand we're a little late in the game probably for that product for for that That process but to me that seems is that seems entirely reasonable under the circumstances I don't know if the sponsors would consider that or not. but that was just going to be my kind. Thank you for that that request of adding that language to your bill and we all know what time frames were under but you also know you you've been around me and how I operate a committee and everything and if that is something that the bill's sponsors would like to do the chair would certainly and I think without objection to the committee unless they object that certainly find would allow and that is something that the committee the bill sponsor would like to do you could we would let that motion to be withdrawn and let you pull the bill down make that amendment and come back and be the first one up on Thursday with the amendment but that is certainly your prerogative it is your bill and not and if you want to visit with your House sponsor I will take a brief moment so that child can do that I'm not forcing you at your bill you can do how you wish well I think I would like to take a five minute recess will certainly grant you that time we will be in recess if you would if you and representative Cooper would like to go back here in the prosecutors still still here and if you all would like to go back into this little ante room and visit the chair will allow that committee we will be in a five minute recess. Members the members I could have your attention. Do I have my committee members looking at me kind of. What. Members. Call us back in. We are now back in session I want to make an announcmenet we're waiting for an amendment from the L. R.. It will take that up I am unable. I don't think the rules will let me move to another bill can I move to another bill. All right members we're going to take up another bill until the bill Arkansas over here. And the first. The first bill that we're gonna take back up is going to be Senate bill three forty two a new members but that is not one that I had announced earlier that representative medics. As. Well he was here I know he's back there somewhere representing Maddox. I just saw representative medics. Member Senate bill three forty two is what we're going to be taking up. If I can get my representative in here. Per se Maddox you're recognized come to the end of the table to present Senate bill three forty two. Would you like Mr crest come with you. Yes madam chair. Welcome to house judiciary Mr crass thank you madam chairman good to see you again it's nice to see you say medics you're recognized to present Senate bill three forty two thank you madam chair committee I'll try to be brief I think there's a pretty simple bill all this bill does this raises the threshold for settlements that a minor received a twenty five thousand dollars it was five thousand dollars net now it's twenty five thousand it is only occurs if all parties agree if they do agree then that can of it can be done by an affidavit instead of a court process which is the formation of a guardianship and doing things so I believe it's been five thousand for a substantial number of years it's now twenty this bill would raise it to twenty five a pass out of the Senate unanimously in both the Committee. And the floor I know we don't always sit here to the Senate but you know they get a unanimously so want to point that out that's basically all this all that this bill does I do have Mr cuirassier from the Friday law firm who can may want to expand on it or answer any questions if you'd like. The members do we have any questions. Seeing the questions of the representative Richardson you're recognized for a question thank you would so moving it from the five to twenty five what was the rationale for moving it so much you know I think that the. Ugh I hate to use word inflation but it's like five thousands been in the law for so long that it was causing what would be considered for minor. Pun intended of settlements to require the expense and and the the delay in the and frankly the trouble of of tracking a judge down and getting approval so it's just to accommodate that that inflation is led to needing a higher level for court approval. It's been five infraction early forty years and it's been five thousand I think the whole time. Members any other questions. We have no one signed up to speak for against the bill representative medics you're recognized to close for your bill. Thank you madam chair committee clothes for my bill and I appreciate a good vote. Members representing Maddox is closer is bill we have a motion to do pass on the table is there any discussion of the motion saying no discussion all in favor please say aye. All opposed say no the ayes have it congratulations you've passed your bill thank you thank you for taking us outdoor. You're more than welcome to deceive you thank you thank you anything manager. Representative Pearce you've indicated to me that you're ready to run house bill sixteen seventy two. Have you any notify them. What we have here. Member's house bill sixteen seventy two. House Bill sixteen seventy two. Per se peer sure recognized to present your bill and to have your witness in indemnify yourself thank you madam chair thank you Committee this bill it is brought to me by the AG's office it's a simple language change within this bill it just adds the AG's office on to The the into the language in which were fiction to talk about it at this time would you thank you thank you madam chair thank you members Alex button with the attorney general's office representative Pearce is absolutely correct this is very simple this is not changing the policy what this would do would allow the Attorney General to file a civil cause of action under the abatement law to abate common nuisances. Members are there any questions. Seeing the questions we have no one who signed up to speak for against the bill. Do it what it but you're recognized close for your bill thank you again madam chair thank you Committee and I'll close my bill and I wish for a good vote are you making a motion to do pass a motion to do pass yes ma'am we have a motion to do pass on the floor is there any discussion on the motion. All in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you have passed your bill. Represent guess what I would like to get you to the end of the table while we're waiting you know I don't like to have too much down time. So if you're ready to percent House bills fourteen fifty six but not all enforcement bill. Madam chair that we're gonna run this bill on Thursday at the same time as the criminal justice bill right members make that let health care fourteen fifty six will run on Thursday. What is trying to now house bill fifteen oh two. The manager there was an amendment that was brought to committee on this bill Not sure if we have that the will we do that we have it right here. Right members you should have in front of you the amendment to house bill fifty node to represent Gazaway you're recognized to present your amendment. Thank you madam chair colleagues what you'll see house bill fifteen NO two concerns sexual solicitation of a minor particularly human trafficking. Laws this is part of a three bill package that came from the attorney general's office represented by rand the first two bills with this package some of you may remember a couple weeks ago and so this is the third bill in that group. And so. What what the amendment does is we add on page one. a person who he or she knows or reasonably should know is a minor to engage in sexual activity with the person who he or she knows or reasonably should know has a minor. we delete the word minor on page one line thirty five instead of minor it's a person who he or she knows or reasonably should know is a minor these are changes that was that were suggested I believe by a defense counsel in which I think. make good sense. Page two we have engage in sexual activity with a person who he or she knows or reasonably should know has a minor once again. correcting that language to be. The more specific. And then in terms of the course of conduct we. We amend some language to say actually include pays a fee or provides a thing of value to a person. Who he or she knows or reasonably should know is a minor or another person for the purpose of engaging in sexual activity with the person who he or she knows or reasonably should know is a minor. we delete a defense that was included in this law which should not have been included because this is not a defense to this course of conduct that the actor in good faith reasonably believe that the minor was eighteen years of age or older that's not a defense why is that not a defense because we talk about sexual solicitation in terms of human trafficking this is paying a fee offering to pay a fee or soliciting a minor to engage in sexual activity and so if you.