Senate Convenes

Any request for leave at this time. Madam secretary please call the roll Boyd Bryant Caldwell Chesterfield Clark Kroll Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. Thank you madam secretary everyone in the gallery and in the chamber would please rise for a prayer led by our own Senator Davis followed by the pledge of allegiance. Thank you feel by our heads of me. Dear Jesus I just thank you so much for this day and and thank you for this time we have together and and just for the ability to debate and discuss and have a conversation on so many important policies to people across our state I pray for your love and mercy and and pray that you soften our hearts as we interact with each other and with the public at an help positions so love and kindness to those that we interact with in Jesus name I pray amen. I pledge allegiance. The. Ladies and gentlemen the gallery's welcomes your Arkansas state Senate. Is our expectation that each of you will exercise proper decorum and govern yourselves accordingly during today's proceedings without objection the rules will be suspended the Senate will dispense with the reading of the Journal. The morning hour has begun are there any announcements or introductions at this time. Hello. Senate. You're right thank you members members I'd like to introduce my page today this is Judy Judy Baker he is twelve years old he's a sixth grader that goes to Trinity Christian school in Texarkana he's on the football team basketball team and baseball team he's process he's planning on going into the marines and after his service he says that he'd like to be a politician knowing him I think the better words going to be public servant but hold if it's politician I'll discuss it with them later so if you all would give him a hand. Thank you. Thank you Senator Hickey center Murdock. Thank you governor colleagues I want to first to leave for a former representative and now mayor Fort Smith George McGill these join us on the floor. So again so glad to have him here today the the he brought a group from Fort Smith about fifty young people and he's touring them through the state capital but some certainly want to make sure that he stopped by to say hi to the Senate and we welcome Senate thank you senator Murdock and welcome mayor it's always good to have you here good to see you in Fort Smith when I'm there. Senator Clarke Tucker. Thank you madam president I'm very excited to have Charlotte Stotts with me here today's a page she's a sixth grader for science them academy she's interested inquire arts and crafts and you'll love this she hopes to become a teacher one day I do want to make special mention of the fact that Charlotte is the granddaughter of the former state senator jim argue who served with distinction in this body for many many years and was a mentor to me and Charlotte's mom Emily I spotted her up here in the gallery today so uh and especially when we have the granddaughter of a former member please join me in and welcoming both Emily and Charlotte here today is thanks. Senator Mark Johnson you're recognized. Thank you madam president I'm thrilled to have with me is my pay state a neighbor of mine Abigail Preston she's fourteen she's in the ninth grade and she's home schooled she is a smart and ambitious young lady she enjoys riding a ballet tutoring younger children and she plans to go to the United States Air Force Academy in Colorado springs and become an F. thirty five pilot or a C. seventeen pilot. Have a go you might talk to senator Wallace so there you see his helicopter on that that he's a pilot and he has a Distinguished Flying Cross to prove it but I'm thrilled to have her with us today and please welcome Abigail president. Senate role you're recognized I would like to ask leave for my daughter. To sit in my seat she's home on spring break and I would have asked us to give a round of applause she's going to be can going to compete for the national championship in traps trap shooting next week down in San Antonio so does the twister well. Senator Hester you're recognized thank you members I'd like to introduce the doctor today Dr John McAllen he's his family medicine therapist works in fatal but lives in Rogers please make him welcome. And the nurse today as usual as a share of an art good as ****. Senator Leding. Thank you have a president. Was it used to starting quite so early I have to pay just today that like to introduce to the body the first is Roslyn doubt and she's a fifth grader at the and the classical classical academy in Fayetteville which likes to sing in the choir right he was a little to the right now are now okay. No big deal. and then I also have a thirty year old illiberal eighth grade in Springdale I held just a few minutes after she was born some years ago her father and I've been friends the first grade so I've known her for her entire life and I'm glad to have her here today you were competing in a track meet last night right well couldn't get down here last night and had to do. So it was fun okay. Please welcome of the pages for the day. Thank you Mr president good afternoon colleagues. I have the pleasure of. Making two special presentations. Six as you all know that this is women's history month and so I have to special women here today. First of all I have Captain petition Wilson captain Wilson became a member of the Little Rock fire department in July of twenty thirteen. She served six years as a firefighter before she was promoted to the rank of engineer in June of twenty nineteen at that time she became the second black female engineer for the Little Rock fire department through her desire dedication to professional development and advancement in December of twenty twenty two she became the first black female promoted to the rank of captain for the Little Rock fire department she is currently assigned to station twenty cap the Wilson has been diligent in her work and her work for the city of little rock for almost ten years by providing excellent customer service to the public. You are I introduce to you Miss are capped in petition Wilson. The second specialty I have before you all. Is Vanessa alone. But not so low as the fire marshal at the little rock fire department she was born in pine bluff in race in little rock in twenty sixteen Vanessa was hired to the Little Rock fire department as a recruit in a cat is a recruiting Academy ness obtain her bachelor's degree in professional studies in criminal justice from the Arkansas tech university we're Senator Davis I know she's a advocate stop seventy four Hey to. After competing after completing the academy she found her spot as a firefighter in a certified EMT station at the busiest fire station and the state of Arkansas and twenty eighteen she began taking advanced classes at the fire academy she earned her certification arson investigation and building codes and inspections she also earned her certification in fire prevention and community outreach from the Alabama fire academy. In twenty twenty Vanessa earned intern with the with the fire marshal's bureau of investigations and fire prevention following the internship she was offered a permanent position in the Farmar cels Nero while learning the duties of her new position she earned her master's degree in science in the science of criminal justice and twenty twenty two minutes obtained her law enforcement certification from the Little Rock police academy. Making her the first black female fire marshal in the City of Little Rock she plans to continue her education in the fire service and earned her PhD in fire service and emergency management you are present to you far Marshall yes hello. The president can we have about two minutes just for pictures please. Four minutes. Senate will come back to order center Murdock you're recognized. Thank you governor at this time I like to take the opportunity to bring representative Ferguson to the match is going to introduced a guest is here to Senate with I mean it at the capitol with her today but we're going to welcome to the stand out acts for leave for a representative for a person to come speak. Thank you if you come. Is I just wanted to introduce Jacqueline Burch she's from horseshoe lake and Senator Murdock and I both of represent her district so she's here to page for us to. Thank you. There no further announcements are there items at the desk. Yes madam president This is to inform me on March second twenty twenty three have reviewed and approved following measures for the legislative session the ninety first General Assembly. Senate bill one seventeen ACT one eighty three Senate bill one eighty six ACT one twenty one eighty four Senate bill one ninety four ACT one eighty five senate two twelve ACT one eighty six Senate bill two thirteen ACT one eighty seven Senate bill one Senate bill two seventeen ACT one eighty eight senate two thirty two ACT one ninety nine sincerely Sarah Sanders governor Fallin. Madam president this form you that on March sixth I reviewed and approved the following measures of the state session of the ninety first General Assembly Senate bill one ninety nine ACT two fourteen senate to eleven ACT two fifteen senate two eighteen access to sixteen senate two nineteen ACT two seventeen December two twenty ACT two eighteen Senate bill two twenty one ACT two nineteen Senate bill two twenty two ACT two twenty seven to twenty three ACT two twenty one Senate bill two twenty four ACT two twenty two Senate bill twenty to twenty five ACT two twenty three Senate bill two twenty six ACT two to twenty four senate two twenty seven ACT two twenty five December two eighty two twenty eight ACT two six twenty six Senate bill two to nine ACT two twenty seven Senate bill two forty ACT two twenty nine Senator two forty one ACT two twenty nine December two forty two ACT two thirty seven to forty four ACT to thirty one December two forty five at two thirty two senate two sixty five ACT two thirty three senate two seventy nine ACT two thirty four Senate bill three seventeen at two thirty five sincerely Sarah Sanders governor. File members of this is to inform you that on March eighth twenty twenty three I reviewed and approved the following measures the ninety four General Assembly Senate bill two ninety four ACT two thirty seven sincerely Senate Huckabee governor. Five. Madam president this is to inform you that on March nine I reviewed and approved the following measures the ninety fourth General Assembly Senate bill one twenty six ACT two forty seven said bill one twenty seven ACT two forty eight Senate bill one twenty eight at two forty nine Senate bill one twenty nine ACT two fifty Senate bill one eighty four ACT two fifty one Senate bill two forty three at two fifty two seventy forty six at two fifty three Senate bill two sixty four ACT two forty two forty two fifty four Senate bill two seventy one ACT two fifty five senate two O. five ACT two fifty six sincerely Sarah Sanders got. Filing madam president this is I will your committee on aero Bills to whom was referred Senate bill ninety four by Senator hammer Senate bill two fifty one by Senator Crowell Senator two ninety three by Senator staff on similar to ninety seven by Senator Dismang compared the roll call copies with the original find same correctly wrote and delivered to the governor at eight OO five AM for her appraisal sincerely mark Johnson. Our. Where your committee on engrossed bills to whom was referred Senate bill eighty by Senator Penzo. Compare the engrossed copy with the original find same correctly engrossed. And Tax Committee on engrossed bills to whom was referred senate one seven two by Senator Dobson compare the engrossed copy with the original find same correctly engrossed Education Committee on engrossed bills to whom was referred senate bill three seventy two by Senator Cauldwell compare the engrossed copy with the original find same correctly engrossed city county local. Your committee on Iran to whom was referred Senate bill two O. nine by Senator Irvin recommend due pass to concur on house amendment number one calendar Committee on act right to whom was referred senate bill three thirty nine by Senator Cauldwell recommend due pass counted Committee on Abraham was referred senate bill three fifty eight by Senator deas recommend due pass counted Committee on accurate whom was first Senate bill three eighty three by Senator Blake Johnson recommend due pass counted Committee on a cry to whom was referred senate bill four O. three by Senator Blake Johnson recommend due pass counted Committee on city county local to whom was referred senate two O. one by Senator English recommend due pass counted Committee on city county local to whom was referred senate bill three seventy four by Senator McCue recommend due pass counted Committee on city county local to whom was referred house bill thirteen eighty by representative Collins recommend due pass counted Committee on city county local to whom was referred house bill fourteen sixty nine by representative wing recommend due pass counted Committee on city county local to whom was referred house bill fourteen ninety eight by representative brown recommend due pass counted Committee on insurance and commerce to whom was referred senate bill three twenty four by Senator Dismang recommend to pass as amended number one calendar for them insurance commerce to whom was referred house bill thirteen thirteen or representative had some recommend due pass counted Committee on insurance and commerce to whom was referred house bill thirteen forty six by record thirty six by representative Maddox recommend due pass counted Committee on insurance and commerce to whom was referred house bill fourteen thirty eight per cent of Maddox recommend to pass as amended number one calendar committee on Insurance commerce to whom was referred house bill fourteen thirty nine The representative Maddox recommend due pass counted Committee on insurance and commerce to whom was referred house bill fourteen eighty one by representative archer recommend due pass counted Committee on Insurance commerce to restore household fifteen twenty five by representative Hodges recommend due pass counted Committee on joint budget to whom was referred Senate bill twenty three by joint budget recommend to pass. Counted Committee on joint budget to whom was referred Senate bill one O. two by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one O. three by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one O. four by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one O. five by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one O. seven by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one oh eight by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill one O. nine by joint budget recommend due pass counted Committee on state agencies to whom was referred senate bill three sixty three by Senator Wallace recommend due pass counted Committee on state agencies to whom was referred Senate bill three eighty one by Senator clock recommend to pass as amended number one calendar. Senate bill four seventeen by Senator upset the field to amend the law concerning civil liability for damage caused by motor vehicles operated on certain public bridges Senate bill four seventeen Judiciary Senate bill four eighteen by Senator Dismang to transfer the administrative functions of the state securities department to the State Bank department and to amend the law concerning the organization of the state securities department said before eighteen insurance and commerce center for nineteen by Senator Dismang to extend the sunset date for the Arkansas medical marijuana special privilege tax act of twenty seventeen employer merges the Senate before nineteen. Revenue and Tax. Three for the business to come before the body in the morning hour. The morning hour has expired we will now begin the business agenda beginning with Senate resolution twenty five. Senate resolution twenty five by Senator Hill. Recognizing and celebrating electric cooperatives of Arkansas day state capitol on March fourteen twenty twenty three. Centerville you're recognized. Thank you governor. Hello I start of introducing first electric the pin the gallery with a flurry the resolution which whichever side they're on. Yes. Okay. Whereas electric cooperatives of Arkansas reformed to provide electricity to rule ourselves in the nineteen thirties and we're athletic walkers of Arkansas include seventeen local electric distribution cooperatives a generation and transmission cooperative and a statewide service association cooperative and whereas the electric cooperative Arkansas are dedicated providing reliable affordable power the responsible manner for one million two hundred thousand members in seventy four counties or sixty two percent of the land mass across Arkansas electric cooperatives of Arkansas are you got about seven cooperative principles and are governed by locally elected boards of directors and whereas the electric cooperative Arkansas employed more than two thousand one hundred employees in Arkansas in a total of more than four thousand employees across the business enterprise and whereas electric cooperative Arkansas our focus solely on being advocates for their members and our dedicate improving the quality of life for the members now therefore be it resolved by the Senate of the ninety four General Assembly of the State of Arkansas that the Senate consider first electric or the electric cooperatives of Arkansas to be an organization that has been vital to the growth of the economy and critical infrastructure and state of Arkansas be it further resolved that the Senate recognize and celebrate electric electric cooperatives of Arkansas day at the capitol building March fourteenth twenty twenty three. Thank you have a. Thank you Senator Hill All in favor resolution twenty five recognizing and celebrating electric cooperatives of Arkansas day at state capitol March fourteenth two thousand twenty three please signify by saying aye. Opposed. I. Resolution ten ten concurrent resolution ten ten by representative Crawford center board to recognize the tenant colonel Harold transaction for his dedicated dedication services made on behalf of the United States. Senator boy you're recognized thank you madam president colleagues individuals collectively make you know individual history makes up Arkansas history which makes up American history and what we have in front of us today is the district distinguished career of lieutenant colonel Harold Chaffin I'm a read some select parts of this but it the the point is is March twenty six two thousand twenty three will be the eightieth anniversary of the disappearance of lieutenant colonel Chaffin and we just those of us from Sebastian County wanted to honor and recognize him and his a accomplishment so lieutenant colonel hal Chaffin was born November twenty eighth nineteen thirteen and Sebastian County and enter the United States Army Air Forces to serve during World War two and completed flight school at Kelly field in Texas and during the World War two lieutenant colonel Chaffin flew B. seventeen flying fortress becoming one of twelve men flying there be seventeens and why who during the attack on Pearl Harbor and during the attack he could not manage a landing in an extremely damaged Hickam field going on the land is B. seventeen it hello I was airfield an airfield meant only for fighter planes. And this extraordinary Leding merited merited being awarded the Distinguished Flying Cross the general Douglas McArthur bestowed upon lieutenant colonel Chaffin and one other pilot. On March twenty sixth nineteen forty three lieutenant colonel Chaffin was co piloted B. seventeen flying fortress number forty one dash two four three eight four Pluto and also on board as pilot was the commanding general of. The bomber command brigadier general Howard K. Remy the mission of the aircraft that day was to carry out a scheduled seven hour reconnaissance flights of merit and horn island and the last communication ever heard from the aircraft was a message from the radio operator twenty minutes after take off in an extensive air search was conducted but no sign was ever found of their craft or the twelve men on board all persons on the on board the aircraft were officially declared dead on November nineteenth nineteen forty five March twenty six two thousand twenty three will be the eightieth anniversary of the disappearance of lieutenant colonel Chapman and it is important honor the memory of one of many who served in World War two so the with that said I I'd appreciate a good vote. Thank you Senator void all those in favor of the House concurrent resolution ten ten recognized. Check in for dedication sacrifices made on behalf of the United States please signify by saying aye hi any of those. I have a. returned to the house and so we have a special guest with this that is completely fortuitous you are the great niece the great niece of lieutenant colonel Harold Chaffin and we had no idea so if that wasn't divine intervention I don't know what. Two Senate bill three. Amendment to the Senate bill three twelve. Sir Clark. Part. Clark had. Senate. You're recognized thank you madam president I need to make a motion to re referred senate bill four oh seven to the ag Committee. Senator McCain has made a motion to re referred senate bill four zero seven. To the Committee right to withdraw transportation all those in favor please signify by saying aye. As it is. Or rather. I was sent Matt as the five. Senate bill five by Senator Hill to amend telehealth and telemedicine in the practice of veterinary medicine. Senate I know you're right before you get started I would ask the body. I would remind the body to remain in order and any expensive loud side conversations please step into the hallway. Centerville you're recognized. Thank you ma'am governor this bill is pretty simple but after fix that a lot of conversation about it does not do a whole lot with the exception of changing just a couple lines here said that the. A veterinarian has recently seen and isn't personally acquainted with keeping and care of an animal by virtue of an examination. Whether in person or by telemedicine. That's one thing the other thing is if a veterinarian is using telemedicine the veterinarian shall be last in the state of Arkansas the veterinarian also comply with that rule federal laws and regulations. Collins I will tell you the state of Arkansas. Is an emergency state for veterinarian services. We have approximately four hundred and forty veterinarians in the state of Arkansas. Investors number voting this bill on telemedicine. Telemedicine will allow our veterinarians to service more customers professional matter into they will definitely improve the health of our livestock dogs and cats that we have. And within the state of Arkansas our under served their suffering they need help and this is one way that we can do it. There's a lot of it in there and I heard people say that you know we don't have the technology but just using the phone. Well telemedicine requires a vast amount of record keeping and bearing client communication capabilities there for telehealth software companies are designing software specifically for mentoring telemedicine so whenever you hear people say that is not out there you're more than welcome pulled up on your apps right now it's out there for you look at is taking place throughout the United States. The main objective of the software used to facilitate real time digital communication patient data storage and transmission and band security systems. A typical that practice management system may contain electronic health records remote patient monitoring system customer relationship manager systems and E. prescribing functionality. This is something that is very vital. The veterinarian telemedicine telehealth market is expected to experience extreme growth over the next eight years the market is expected to grow by seventeen point six nine percent expect to reach a market size of five hundred ten million by twenty thirty. A veterinarian to. Veterinary telemedicine legal issues that we look at. I know all of you have seen the emails come through because I think I received a seven hundred something we only have four hundred some of a veterinarian states I think I have received an email from on to the all they're all sticking together. They all say that you can not establish that new relationship with the Senate the federal guidelines not allowed that is not so. I received this information from our ag department. It It is legal for veterinarian divide tenements telemedicine services as long as there is an established veterinarian client patient relationship in most circumstances federal law leaves it up to the states to define when ABC mentoring class ratio has been established. On repeat that federal law lease is up to states under most circumstances with the exception of three things. When it applies to Medicaid for feed they must see the animal in person. When is off label drug use they must see the animal in person and when they are compounding drugs they must see the animal in person those are the three guidelines set out by federal law. And so under no circumstances will telemedicine supersede that because it is federal law and that's the part of it the not everyone's telling you is it is left up to the states in his letter to the state for their savings current seven states currently doing this. There are three ways the state to look at. A veterinarian client patient relationship. Your three different ways one is. Regarding health how the CPR can be established the first for you to step to that is a bit must be examined the vet must have examined or physically examine and animal therefore you cannot create. The veterinarian client patient relationship through telemedicine. Also there's a second way they can do it under the second view of it must have either seen or be a quiet with the animal for VCP are to be established therefore you cannot create one through telemedicine the third way that has been passed this law saying that of the CPR can be established through telemedicine there are seven states currently do any doing it Eminem is our neighbor Oklahoma. In fact actually have Oklahoma Hawaii Idaho Michigan New Jersey Oklahoma and Virginia. Are the ones doing it. In this building real controversial I want to tell you one thing we've been doing telemedicine is tabulation for the last three years. New covid this was lifted back at the end of February by the federal government Senate can no longer happen that's why I'm running this bill because since the last three years in center Davis as a question committee if they can name any instance where this has been a disaster. And of this seven experts that they flew in here to talk about talk against this bill and one big pharma companies not a one could give specific instances including our own veterinary medical board here in Little Rock. So they could not give an instance where this was a disaster. So thanks we've all been doing this for the last three years and on top of that the veterinarians who are against the us if you're against a medicine they don't have to pool performance they don't have to do it if they can't make a diagnosis use until my tell us whether it be via phone zoom or whatever they're doing it's not that hard for them to say. I can't tell bring it in. That's where the good bits of on site I can't make a decision based off of the US and in some cases are gonna be able to but the veterinarian has to be able to make that decision. There are. Currently two lawsuits out there right now against the state who does not allow tell telemedicine that the only way they can be established is a in person visit. In those the one of them is by the society of prevention of cruelty to animals the other was not in it National Institute of family and life advocates. Currently have two lawsuits against him for the first and Fourteenth Amendment. As I said while ago the vet has the vet is not required to use telemedicine it is their choice they have a choice to do or not It allows it for those who want to do it and you need to do it. And I said well don't worry because of you federal law requires an in person examination we an FDA regulations apply medicated feed off label drug use and compound none of that's changing to all the things you've heard about that we're gonna be doing a list that's not so. They're fourteen VS for every hundred thousand people Arkansas for thirty four to be exact. We have. One million seven hundred seventy thousand cals. One hundred sixty eight thousand horses. One thousand ninety seven one million ninety seven thousand dollars and eight hundred ten thousand cats with four hundred and thirty four vets in the State of Arkansas. That's the reason this state is on an emergency veterinary care. Fifty three thousand square miles in Arkansas. That is one hundred twenty two miles per Byton Area. And that distance is going to greatly increase if you take out Pulaski County in northwest Arkansas is going to one same year one eighty miles at that point. Where there is a need to tell of it. East Arkansas Delta. The economically challenged areas in the state or the ones that need it is not Northwest Arkansas is not plastic County yes those areas that are under served. South Arkansas Southwest Arkansas. The areas of our state which are most economically challenged and need this for the ones they're not allowed to have a. These are the people who can't afford to take off for days work to take third dog cat horse cal or whatever to the vet they can set up there all day. But they can take an hour to off work. Set up a time and be able to have television B. as in whatever how it is and then continue on to work with they could pay for that but during a visit on the phone. If they went on to the bat that may not be have enough money left over to pay the bill this will be beneficial to the veterinarian and to the client. I ask you colleagues to look at the five WS. Who what when where and why. Who needs the US animals and rule economically challenged Arkansas. Well they need they need veterinarian services. When they need it they need it now because Arkansas is in an emergency state. For the most needed that in the Delta East Arkansas south Arkansas. And why they need it. Because of our animals are hurting and suffering they need help they need assistance a very lack of professional care. You committee we heard testimony from five six or seven specialist pony in Larvik veterinarian association. Or out of state to tell us what to do in Arkansas. Well I do notice to last night one of that was president of one of the different socio ations. They came in here was telling us that we don't need to do it was actually from Virginia which is actually one of the states allow us to tell of it to take place as of the CPR. They even sent big pharmacy and to talk us out of it saying we don't need to mark. Despite a lot of it in there in drugs. I got there she here and what they said and I'm gonna read this to you. This veterinarian telehealth any particular telemedicine holds great promise for improving continue T. of care and strengthening of relationship between veterinarians their clients and their patients used appropriately telemedicine can enhance a sensibility client communication and on going monitoring and care of the veterinarian patients. Veterinary medicine should be conducted with the exception. Veterinary medicine should be conducted. Four advice given to an emergency until the patient can be seen by the veterinarian. As of right now. A veterinarian have an established patient someone shows up there make clinic they can not. The vet cannot tell someone what to say. Per how to treat. The animal because they don't have the CPR in person. If we pass this they'll be able to do that. I want to quote a few things from several of the came in. The Committee in talking I mean putting the veterinarian and sales to talk. And I will paraphrase some of this be a direct quote when I'm said I quit emergency farm called because I might not get paid. My staff is too busy to return calls in a timely manner it may take us two or three days to get back with someone. I make a lot of mistakes in person. They'll make them to Intel Health I can't disagree with that. Human error. It's going to happen is diagnosis. There is a veterinarian shortage in the state of Arkansas veterinarians are saying that. There are lots of areas in this state not covered by veterinarians. There are lots of areas under served and could use ballots but no one wants to go to those areas. I don't have time to travel and take care of my current customers. I love animals Intel of it would be cruel and hurtful because the animals deserve to be seen by a person in person. With that being said I'll take any questions. The question is for senate bill centre Boyd you're recognized. Thank you madam president Senator Hill you do not know what my other occupation on the pharmacist one of the things that concerns me is will this open up the ability for pill mills four you know based on animals so is there anything in your bill that would prevent the veterinary board from putting in reasonable restrictions to help prevent that from happening and if so would you have any concerns that they put in reasonable restrictions on the help prevent criminals no Sir I do not have a problem with that was there in fact I'm expecting them to do that so we got to think about the people the state of Arkansas we do we have enough bad actors out here in the world the way it is we only thing that could enhance some of that so yes I'm expecting them to put in reasonable. The regulations on that rules and regulations on it. Any other questions. Anyone wish to speak against. Senator Caldwell you're recognized against. Well you're recognized thank you in prison members. Many bills have sugar and salt in on center hill trying to fix a very small problem of today we have telehealth telemedicine in vegetarians the only difference in what we have today what senator he'll want to do is the first time the vet sees a bill or she that patients want to establish that relationship you have telemedicine. The real problem. That we have is that under center hills bill any of that in in all fifty states can have telemedicine with anyone in Arkansas and who shared Boyd hit the nail on the head when he was talking about the version of drugs from people who abuse drugs of being able to send a medicine in you can call of it in New Jersey or Wyoming is sale blues got arthritis today these are pretty bad would you send me something and he can do that. And so that's why I'll vote no the we do need to tweak this bill some but the the issue of trying to have telehealth telemedicine in veterinary practice in the state of Arkansas has blown up to where we will have it in the entire fifty states and of how we get to where he wants to get to I don't know yet because and I or real close on doing this but today we have telemedicine inventor practice is said to have that to be it has to see that climb one time and then we have that but what we're doing now is going go in say. Instead of coming in my office to see you're still be going on to your pharmacy you. We're going to do it by telemedicine but we can't eliminate limit that to the state of Arkansas once we let any of it do it by telemedicine the first time that opens up all fifty states and that's a dangerous thing to do because we're going to have a tremendous amount of pill mills out there so I'd ask you to vote no. Anyone wish to speak for. Organic. Centerville road. I appreciate senator Caldwell's comments on that don't necessarily agree with them but I I do appreciate them. I will say what this is going to do is bring veterinary medicine it is twenty first century they are so far behind they don't want to break up the club there in they don't want anyone else to get about the money and yes can someone outside of Arkansas be able to do tele tele event yeah they sure can that's what they call the Interstate Commerce we can't stop them to shield them to be in the state of Arkansas so it does open a but it also opens it up and is currently open up for doctors doctors might live here anyone can use a doctor wherever they want to throughout the United States so this doesn't do anything different that except that allows us to treat an animal like we do a scene but I think those animals deserve to be treated just like we deserve to be treated and I've heard arguments to that to an animal can speak well you know what a baby can speak either you depend on the person that's in charge to speak for them and to know them and other characteristics. But as far as sitting drug. Being drug pill pushers out there. It could happen but they set the rules up like we'd like they're supposed to whenever this goes to rules they'll take care of that because nowhere in the US do I say what they have to do when it comes to that no we're in this do I even say they have prescription authority. That's what the rule see where they come back out on it. So let's look at the bill for face to face value what it says not what we want to interpret on it. In closing I'd like to say tell a bit of the choice that they can use it or not it's his or her choice of it chooses to use tell a tale of it they can always say I cannot make a decision bring it again this is common sense. Mr some of the smartest people in Arkansas and throughout the world because they work on animals. We'll bring veterinary medicine to twenty first entry I mentioned earlier about all the apps and everything else this is more than just using telephone. The software is out there the younger vets when they come out of school are going to demand it because they're going to want to do it because they are so much more advanced and we are in technology. With all the above. Accepting telemedicine as always a medical treatment I plead for you all to give the same treatment to these animals as we do speak means. With that I close I ask for a good vote. Appreciate your time. Senator has closed Madam Secretary please call the roll. Boyd. Right. Right. Caldwell. Chesterfield. Clark. Clark. Kroll. Kroll. Davis. These. These. DISMANG. DISMANG. Dotson. Dotson. English. English. Flippo. Flippo. Flowers. Gilmore. Hammer. Hester yeah. Hickey. Health. Hello. Irvine. Blake Johnson. Mark Johnson. King. Leding. Leding. Love. Love. Mickey. Murdock. Page. Penzo. Petty. Rice. Staff. Stubblefield. Stubblefield. Sullivan. Tucker. Wallace. I'll start on the side please speak up and clearly. Senator Clark. No. Senator dis president. Senator Dodson yes. Integral president. Senator love no. Senator Bryant know any others on the side. This side. Senator Dismang yes Senate NO. Senator English. No. Leding. President. Lepo present. Any other. Stubblefield president. Murdock no. Any others please check board. Stubblefield president. Mark Johnson. Okay. Please check the board. Please cast a ballot. At eleven eighteen nine and six present. SB five fails. Senator Hill you're recognized I like the exposure vote on SB five. Motion to expunge the vote on SB five all those in favor of. Posed. Is had. S. the three forty six. Three forty six by Senator Hester provide pregnancy and to strengthen kinship placements for children in foster care. Senator Hester you're recognized thank you madam president members the next two bills I'm gonna present were brought to me from DCFS they did a great job presenting these in committee and just so we ought I won't read it on the next bill but here's all the groups that they vetted these with before before we brought him Arkansas advocates for children family Arkansas terms hospital commission on child abuse court court approved program Arkansas crimes against children Arkansas and lot of casa children's safety centers and advocacy centers DHS office of chief counsel governor's office juvenile judges and parent council so these bills have been properly vetted and did that before we've got the session so these these are these are good bills and I hope they're just a very common sense but SB three forty six we'll change the word from visitation of family time I think it just makes some common sense or what warning do is make sure that we're a clear at all times at the these children that are in foster care getting adequate family time and it just is changing that verbiage us signifies that and what it does is like a relative or fictive kin allows them to receive board payments immediately and I'll explain that to you so let's say we have a a grand mall that has to is raising to her grandkids already. And the third one is coming in the care but she can't does not have the financial ability to care for a third child right now the state of Arkansas cannot give that grandmother the board payments to be able to care for that child but they can give more payments to a foster home. So what this does is just very common sense it says look if if DCFS looks at this fictive kin or a grandparent or somebody says that they are a good home that we can immediately start giving them more payments happy to answer any questions. The for Senator Hester Senator love. You're recognized. Thank you Mr president of. Now. You stated that you the grandparent in the example you gave the grandparent because I have the financial ability to take care shall they can continue visitation. How. I know that there's two different parts of parts of the bill like no this is that that that the grandparent if they actually want to take custody of the child even though they don't have the financial ability to do it they could take custody whilst in the State of Arkansas will start giving them full board payments right now they just get a small percentage of it but it starts giving them the same full board payment that we would give a foster parent. At four Senator has. Anyone wishing to speak against or for. Amber's I'm closed. Senator has closed any objection rowing the boat. My secretary please roll the Boyd Brown Caldwell Chesterfield Clark Kroll Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. Any senator who did not vote who wishes to vote or change his or her vote please. Please cast a ballot by voting at thirty five Yeas zero nine Senate bill three forty six. Passes please transmit to the House. Senate bill three forty seven Senate bill three forty seven by Senator Hester to promote child safety while reducing child welfare agency involvement in the lives of Arkansas residents. Senator Hester you're recognized thank you Mr president members SP three forty seven what we're calling this the the safety bill this bill will better protect alleged child victims of sexual abuse while also reducing child welfare agency involvement in people's lives by limiting the definition of certain to collect allegations specifically this bill will accomplish number's gonna go over a couple of those but we're going to add to the definition of grooming it says it doesn't have to take place in the presence of a child that could take place over the phone or some virtual technology that just makes common sense these days and then we're going to redefine what's what like a risk is versus a threat to safety and this is kind of an egregious example so I will admit that but we've had someone call in that a child at school got hurt because they didn't tie their shoes in the teacher knew the child's shoes were tied so there was a call made that you know that was a potential maltreatment of because the teacher knew that the child shoes were set by weren't tied I think we all agree that traditionalists that should be looked into so this is clarifies the difference between risk that we recognize this there are inherent risks being children persons a truth or a true threat to safety. Questions for Senator Hester. Anyone wishing to speak against or for. Senator you're pretty close I'm closed center has closed any objection to rowing the boat. Maddox secretary please. Boyd right Caldwell Chesterfield role Davis these dismaying Dotson English Flippo flowers go more Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote. Same manner please cast a ballot by those at thirty five Yeas zero named Senate bill three forty seven passes please transmit to the House. Senate bill three sixty one Senate three sixty one by Senator Ricky concerning the participation of home school students and enters scholastic activities center McCain you're recognized. Thank you madam president. A couple years ago the legislature passed the TiVo law that allowed. On school kids to participate in interscholastic activities. Run into a couple snags were we've got. On occasion superintendents that don't want to give their permission for kids to participate in those activities. what this bill seeks to do is if a home schooled student's resident school district does not offer an activity that that student wants to participate in the student would no longer need their home school districts permission to go to another school district and receive their permission to participate in their school so you still have to get the permission superintendent that's from the activity but if your school doesn't offer that activity you can go to another school and participate this bill requires that if you're It's giving it basically just asset as a home school students. Basically just asset as a home schooled student you follow the same guidelines and requirements of public school students in order to participate in interscholastic activities so with that I'd be happy to answer any questions. Any questions for sanity Senator Mark Johnson you're recognized. Thank you madam president of. Sir McKee I was reading on page two lines thirty through thirty two and it will start twenty eight because this is the home schooled student's resident school does not offer the interscholastic activity and and I am size hand superintendent of the other public school district allows agrees to allow a home schooled student to enroll in the interscholastic activities at I read that to mean that the. Shall we call it the incoming school superintendent could veto the thing is there any appeal or other thing that could be done if that student to if that superintendent did not approve that students not in this bill we we do want superintendents to have a degree of control over their facilities this just affords the kid the opportunity to go without receiving the permission of their residence school district well it's a good bill but I've and I'm I think we're gonna see a lot of changes in the next couple years with the learns Act bills I think so too and I just wanted if it was arbitrary capricious and sad to say sometimes those kinds of things are just want to I believe maybe the future we can fix that I'm I appreciate that question is a very good point I do believe there's a spot in the bill it says that they shall be allowed to try out for those interscholastic activities I can remember exactly where it is right now but I do believe that's also included in the bill or thank you Sir thank you thank you madam president. Question from senator flowers. Governor senator. What if any kind of financial. Or will it be to the public school. Terms of uniforms additional instructors necessary for. Is that child to participate in the activity. Is any of that in contemplated. Yes senator I appreciate that question there's a few hundred students in the state to take advantage of participating in interscholastic activities in this local school districts we don't for see a great number of them that just an explosion in an increase and school districts are capable of attaching that student to the school of through the requirements that other students have to meet in order to participate in those interscholastic activities and so that's that's a process that's already been taken care of yes ma'am. So in terms of transportation of. With the public school being required to. Go up and take home the home schooled child and by uniforms and and that kind of thing equipment for that job so this bill doesn't do anything with transportation home school students have to transport themselves to and from the school or I believe that they're allowed to ride with the the team if the team is going to a An event where they're participating in that that interscholastic activity as far as those costs of I believe address that your last question. I didn't hear you speak to the cost. So this is no. In the anticipated call. Yes senator the schools have a have a. Practice in place by which they attach the students to the school for the purposes of funding. And other reasons by the requirements of this bill requires the students if if all public school students have to take a class in order to participate in activity than the home schooled student that's utilizing this legislation to participate in an interscholastic activity they would also have to take a class that that is one of the ways in which the schools attach the student to the school for the purposes of funding. So if the homeschooled parents receive funding. For home schooling their child they would have to give up so much of that. For purposes of the child participating in the public school. Scholastic. Sporting. Activity. That's not addressed in this bill that is not addressed in this bill now. That is the main. As I said senator as I said Senator we're not anticipating a large number of students we're just trying to make sure that if this becomes an issue for a student where their home school district does not offer the activity that they're trying to participate in they have the opportunity to go to a nearby school district and participate in that activity I appreciate your questions. Home school parents pay property tax. Yes senator we do property tax. About ninety two cents out of every dollar level of financial interest in the School. Yes senator thank you thank you senator. No other questions. Senate. Thank you Mr president. As you know are you and I talked about this I don't have a problem with with this and certainly don't have a problem with home schools participating the concerns that have not been addressed directly although we well I think we agree that the intent is there deals with the office home school students that are home school is the. In district student that decides to game the system and drop out and then participate in the spring time and another school to because they can win a football championship in the fall and a baseball championship in the spring and the way it's written. Although there's one word that could have been worse when shipped just a little bit better but just for for my say in the future because you're going to help. Does become a problem is that if they participated in a essentially a triple a sanction activity act that support and then they drop out at home school and then they change your mind about home school so they play baseball at another school that is prohibited for three hundred sixty five days they have to set up for three under sixty five you did a service that thank you senator yeah thank you. Senator Clark. Senator Ricky are homeschoolers collect any money they'll know senator so that would be in there and if in the future home schools collected. Eight thousand dollars which I cannot imagine. Would you anticipate that the. The schools now. Are you getting paid with home schoolers there that the sure that would be taken. I would think that that would be fair Senator thank you. Any other questions anyone wish to speak against. Four four center has closed. Any objection rowing the boat. Objection noted. Madam secretary please call the roll Boyd. Brandt. Caldwell. Chesterfield. Chesterfield. Clark. Kroll. Davis. These. DISMANG. Dotson. English. English. Flippo. Let. Flowers. Gilmore. Gilmore. Hammer. Hester. Hickey. Health. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. King. Leding. Love. The key. Murdock. Murdock. Hey. Penzo. Petty. Rice. Statham. Stubblefield. Sullivan. Tucker. Wallace. Center Senate not vote or who wish to change their vote. Please cast a ballot. But twenty nine eight zero may and five not thirty one percent Senate bill three sixty one passes please transmitted to the house Senate bill three sixty six Senate bill three sixty six by Senator Bryant amending the law. Felony offenses for purposes the Perot and the clarify that residential burglary is considered a violent felony for offenses committed on or after April one twenty fifteen. Senator Rapert you're recognized thank you madam president. Colleagues I'm going to go off into an issue that that we really got to pay attention to what I'm about to ask this this chamber to do. I don't find this to be a partisan issue I don't find it be soft on crime I see it as an opportunity for this body to fix something that the state has done committed to to make sure we get it right. To set this up I would say aye aye I received a call from an upset the father is a Friday morning he said. My my eighty one year old ex wife drove down to South Arkansas to pick up our son who had been incarcerated in a state prison forced the last seven years. He went through a six month proprioceptive these on a Thursday came home had dinner with his family the for the first time slot that is but for the first time. The next morning department corrections came and picked that gentleman up. To come back to the prison system and informs the family that he had to serve the rest of a sentence which is almost three years. My first thought is is I'm not big on sympathy or empathy broke the law I'll I'll make a phone call figure it out I'll get some information to you so I called the sheriff's office they weren't familiar with it they they thank god deferred on. What I found out is is there was a decision that came out of Attorney General's office that kind of reset some things dealing with residential burglary. Time went on to get the details some were made very clear someone still had a little bit of fuzzy around them. A joint performance review committee was convened on October twenty fourth and represent Gazaway invited the department corrections to come explain what happened. It was a very productive transparent and open dialogue meeting. What we found out is ACT eighteen oh five of two thousand and one though with enumerated violent offenses is that if any person found guilty of an action on this list a violent felony offenses or violent felony sexual offenses after August thirteenth two thousand one and had a previous offense on that list they would be in eligible for parole. Ultimately ACT eighteen oh five two thousand one place all offenders of violent felony offenses on a list of on notice. And that's subsequent offenses on that list would make them parole ineligibility. Residential burglary was not on that list in two thousand one. Act five ninety five reclassified that offense of residential burglary as an intimate enumerated violent felony offense making a part of the listen there for an eligible for parole as a second offense of that list. The two court cases that the Department went over was you are versus state pays for state. And they dealt with the the offenses on the listen to thousand one after eighteen oh five past. The course determine that parole calculation was solely in the province of the department of corrections and ex post facto was not applicable. For those who like me that don't know ex post facto is it has to be retrospective other words we can't punish somebody for something not in effect when that when that person was convicted. It must also disadvantage the offender the courts rule that recalculations of parole did not meet this burden. Therefore this the state proceeded with the attorney general's opinion. My take away from that conversation was it was unlikely that even with court intervention that the Department. Could be could have to go back on there were go back and do it as a word said. There was no expo facto unless the computation of syncing was pursuant to legislation passed after the defendant's original sentence which is what you have here before you today. Upon further review it was found that two hundred and ninety current inmates in our system had their time adjusted to remove remove parole eligibility and make them all Sir one hundred percent of their time. None could be released the average added sentence was roughly nine and a half years. A hundred and one. Of these the of of formerly incarcerated were released on supervision the committee from two thousand fifteen to two thousand twenty two when the journey turned general spending came out they'd already been released. And put on parole as per the guidance from the department corrections. The board of corrections authorize the secretary to allow these offenders to remain on supervision. They were to remain on parole and they're put on notice that any violation that read that pulls back there parole they would have to serve the remainder of their time. Eleven had already violated the conditions and were returned to the system to serve out the remainder of their sins ninety still remain free today. Two of those offenders were situation my constituents they were released and then re incarcerated. My constituents time was on a work release program. It went through the entire six month rule process he was no danger to society as per the parole determination but he was still pull back to serve the remainder of his time. I go sit on this that that when we get it wrong we have the duty to make it right when the department of corrections gets their calculations wrong they do have the duty to get it right. The department was just staying consistent to what they have done in the past and to not open the other other doors to other issues. The cases they decided all had a change in parole eligibility timelines this issue deal specifically with the wholesale removal of parole eligibility. The parole eligibility guidance was relied on by countless defense attorneys prosecutors and circuit courts. The Department replied to numerous emails confirming their position that parole eligibility existed for people with residential burglary on the record. Again the department was asked repeatedly over a period of seven years. And consistently gave the same parole eligibility guidelines. It was a part of the approved and standard operating procedure of the Department. It made a difference in the decisions that are just since stuck our justice system used to educate these cases. The system in which we must hold to the highest the most countable standard changes mine and went back on his policy. This bill reinstates that seven year period of that policy guidance the ones that. Judges prosecutors and defense attorneys relied on in good faith adjusted their sentencing. That they were eligible for parole. The parole process is still in effect and all of the conditions must be met this bill would not just grant automatic release it would just simply reinstate that parole eligibility. I'll close by stating something I think everyone. Everyone including our government maybe especially our government must be honest and wonderment owner mistakes but we also must make it right. We as a state must own this mistake we must accept this responsibility and this legislative body has the ability and the authority to make this right. It's a difficult decision because we're affecting those that may not deserve our grace but it is still the right thing to do. With the I'm glad to take any questions the body has. Questions for Senate Brian. Anyone wish to speak against or for. Close any objection rowing the boat. Madam secretary please roll with that Boyd Brian Caldwell Chesterfield Clark Kroll Davis the Dismang Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. Any senators who wish to change your vote. Gilmore no Wallace president these present. Parole no. Hammer no. Murdock president. Anyone else on the side. Go to this side start in the bank English no. King president I thank thank you for your present okay just making sure. Stone NO Haiti president. Lepo. No rice. President. Hiki NO hill president. Any else please check the board. Please cast a ballot. By a vote of twenty eight nine eight and six present. As the three sixty six passes please transmit to the House. As. Three seventy three simmer three seventy three by Senator Caldwell concerning the re organization of local district courts to create the sixteenth judicial court for the site of the site District Court system center Caldwell you're recognized thank you senator is. The members all this the of the decree of board pushes District Court resource assessment board has asked us to establish another District Court district in Arkansas county and it requires legislative action. I appreciate a good vote. Any questions for Senator Caldwell anyone wish to speak against or for. Senator has closed any objection rowing the boat. Madam secretary please rowboat voice right Caldwell Chesterfield Clark for rule Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty Rostom Stubblefield Sullivan Tucker Wallace. Any senators wish to change your vote. C. nine please cast a ballot by those that three five eight zero nine Senate bill three seventy three passes please transmit to the House Senate bill three ninety nine. Senate bill four we're going to skip over three ninety nine and we're going to Senate bill four zero one Senate before one by Senator Leding. The lease of Fletcher Act. Senator Leding. Thank you Mr president colleague Senate bill four one look at Arkansas on the path to joining the more than thirty states that allow law enforcement agencies to use rapid DNA testing which is exactly what it sounds like it's just a method of testing DNA samples that returned this results in as little as ninety minutes as opposed to days weeks or months the legislation is the result of months of conversations among the rapid DNA task force which involve the Arkansas state crime lab law enforcement agencies advocates including is actually spent two is with this is the DNA justice project in the gallery today and bipartisan group of lawmakers including our former colleague senator Keith Ingram he was really the driving legislative force behind this and unfortunately the work took a personal turn for him last September you might remember the case of a mother of two in Memphis who was abducted and murdered on her morning run just days after police took a suspect into custody for her murder they received the results of a DNA test submitted months earlier that links the suspect to a rape that occurred I've been committed nearly a year before and if you're in Senate judiciary yesterday you heard misspent share her own deeply personal story and why she is found organization to push the use of this technology I appreciate her being here coming all that Arkansas to share her story and to talk to lawmakers I appreciate the chair and co chair of Senate Judiciary for co sponsoring this legislation. Appreciate present a problem waiting for carrying this legislation in the house and appreciate the Senate Judiciary Committee for its unanimous approval of this bill yesterday that's pretty good vote. Questions questions Senator Boyd. Thank you madam president. Senator Blake are there any concerns about the accuracy or precision of this rapid DNA tests that we need to take into consideration before we cast of a fair question the technology has been around for well more than a decade it's used in more than thirty states and all the rapid test would do would allow a status probable cause if somebody were to go to trial a more thorough DNA tests would be conducted in the use for trial. Thank you. Other questions anyone wish to speak against or for. Senator has closed any objection rowing the boat. Madam secretary please roll right Caldwell Chesterfield Clark Kroll Davis the Dismang Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love Me key Murdock Payton Penzo Petty price down Stubblefield Sullivan Tucker Wallace. You senator which changes over vote Senator Bob Senate president any other senators Sam Nunn please cast a ballot by those that thirty forty eight zero nine one present senate bill four zero one passes please transmitted to the house. Senator Clark you're recognized Senate bill three ninety nine by Senator Clark to amend a law concerning the use of cellular telephones or other communication devices in courthouses in court rooms. Thank you governor on colleagues. SP three ninety nine is a simple bill I'm not going to run it today with your permission I will. hold it but I want you to know that we only ran it through Judiciary because or any member of the committee of never been contacted about this bill. In any way. if I don't know of any concerns we would have felt it and not run it as of now I still hi however many people may have contacted you I've only been contacted by the juvenile judges and we have an amendment in the works to fix it for them but no one else. From any other group has contacted me about this bill and I would hope. Of the way we've done business here for a long time this isn't about me I would hope when somebody comes to you about a bill. That you would ask them have you been to Senator Hickey have you been to Senator Solomon cut because these groups know this the the they know you know we just had a bill in committee holds the to municipally came has fought against an up and still haven't heard from the municipally about what what their problems might be so again I would never run this bill if they had contacted me so I'm going to pull it down for the day with your permission of and but we we just need to send a message to people that they know how this process is supposed to work and they need to get with this if they've got a problem with the bill because I've always worked with people but so do you and all they have to do is contact us and we'll we'll we'll get with them on any amendments or anything that may need to be done. So if with your permission I'd like pull the stem. That. Senate I would like to I don't know what motion we need to make to go back and run the amendment of three twelve. If. Senate bill three twelve. Senator Clark you're recognized thank you governor of colleagues is my amendment my bill. Any questions. All those in favor signify by saying aye All opposed. I have it members adopted a center gross and thank you. Thank you senator Clark. You're recognized. Thank you madam president I have a an amendment on Senate bill three sixty nine that would like to suspend the rules to hear about first put it back on second reading for purpose of amendment. Senator dot has to suspend the rules. For purposes of second reading for the. Back on second reading all those in favor signify by saying aye. Any opposed. Amendment to the Senate bill three sixty nine. Yes my bill my amendment appreciate a good vote. All those in favor signify by saying aye. Many opposed ayes have it. Amendment Dr Sanjay Rosa. House Bill. Thirteen thirty eight. The thirty eight by representative McKenzie in center Bryant to amend the Arkansas video service that and to provide clarity concerning the use of public right of way. Senator Rapert you're recognized thank you madam president colleagues this bill. It helps clarify the code to make sure that that part of the video services act that allows you know if if they if the service internet service provider Biggs and puts a cable in the right of way then cities of authority to charge franchise to and a small five percent tax on that with cities tend to want to do it hasn't happened yet in the state of Arkansas for their states in the past some clarification legislation like this but cities are may have the potential to say they have a right to ask Netflix and Hulu other services that would better on that fiber optic cable to be all set to the city to also charge that tax on that bill you receive as well so this just clarifies that that is not the intent of the video services acted as for the internet service provider that provides service to be the only tax. Any questions for Senator Breanne. Anyone wish to speak against or for. Senator has closed. Any objection rowing the boat. Madam secretary please rowboat Boyd Bryant Caldwell Chesterfield Clark Kroll Davis these stiff Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love Me key Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. Any senator was to change his or her vote. C. nine please cast a ballot. By those at thirty five Yeas zero name house bill thirteen thirty eight passes please return to the House. House Bill thirteen forty nine thirteen forty nine by representative Ryan center Dotson concerning pages E. sports terms. Senator Dotson you're recognized thank you madam president member's house bill thirteen forty nine Clarifies that paid the sports do not constitute it defines what Patey sports are under law so if you if you look at E. sports if you're not familiar with what E. sports are there simply the world of competitive competitive video games these are multi player video games or people compete against one another you know think Madden call of duty halo various games like that multi player games where student. Doesn't have to be students but anybody can enter into a tournaments and compete. This would this bill would define what that is for the state of Arkansas define what a paid E. sports tournament would be and currently there are eighty schools or over eighty schools in Arkansas that offer E. sports as an extracurricular activity The A. A. has even category categorized it as a competitive activity and colleges are also jumping into it offering tens of millions of dollars in E. sports scholarships so it is something that is it needs to be defined in in our statute how we handle it and also to define that it does not constitute gambling in the state of Arkansas so more happy try to answer any questions. Watch SportsCenter Dotson. C. nine appreciate a good vote. You will wish to speak against for. Senator has close any objection to rowing the boat. Madam secretary please roll the Bryce Caldwell Chesterfield Clark chrome Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love the key Murdock Payton Penzo Petty rice down Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote saying nine please pass up the ballot. That said thirty five Yeas zero nine house bill thirteen forty nine passes please return to the House. House Bill the letter read house bill thirteen eighty nine hassle thirteen eighty nine by representative Graham again senator Stan require a service industry license for certain persons or entities related to casino games gaming and require background checks for service industry licensees employed by a franchise holder for casino licensee. Senate you're recognized. Thank you madam president members House Bill third thirteen eighty nine will require service injury last service industry licensees to related to casino gambling to require background checks for service industry classes the employed by France householder Arkansas you know licensee right now casino can have are required a federal background checks for their employees but they have to bring in a subcontractor say coming to work on one of their machines that person there does not have to have a federal background check only a state background checks they're willing to work they want to require anybody to come see and Director indirect the to the casino to have to have a federal background checks that the F. B. I. requires legislative enactment that meets certain federal requirements in order to conduct a federal background check this bill will allow the racing commission to conduct federal background checks this bill has the approval of the department of finance and administration. Any questions for center stone. Senator Chesterfield you're recognized for a question thank you ma'am here so this is an agreed to build among the casinos and the admin and all of that yes ma'am all right thank you so much. Any other questions anyone wish to speak against or for. Senator you're free clothes close center has closed any objection to rowing the boat. Madam secretary please role that Boeing rhyme Caldwell Chesterfield Clark Kroll Davis these Dismang Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love Me kidi Murdock Payton Penzo Petty rice some Stubblefield Sullivan Tucker Wallace any senator wish to change his or her vote C. nine please cast at the ballot. Live at thirty five Yeas zero name house bill thirteen eighty nine passes please return to the House. House bill thirteen ninety. House for thirteen ninety four by representative Madison center Penzo to update the law on spendthrift trust and to allow for the creation of a domestic asset protection trust. Senator Penzo you're recognized. Thank you Mr president. House bill thirteen ninety four allows for the creation of a domestic asset protection trust this type of trust allows an individual to set up a trust in which the trust creator is a beneficiary of the trust and the Trust provides creditor protection against claims from the trust creators creditors there are two requirements in order for assets in a domestic asset protection trust to be protected from creditors the trust cannot be set up for the purpose of hindering or defrauding creditors and a third party trustee must control distribution of trust assets to the trust creator. Why are we running house bill thirteen ninety four. We want to reform Arkansas trust law to attract out of state trust assets for administration by Arkansas trustees and Arkansas financial advisors we want to encourage Arkansas residents to keep their trust assets in state or Kansas Arkansas trustees and financial advisors will manage and administer the trust assets we want to prevent foreign states from reaping the benefits that comes with the management and administration of trust assets in those states currently twenty states allow domestic asset protection trusts if this bill passes today we will be able to compete against other states for these assets. Any questions for Senator Penzo. Senator Irvin you're recognized for a question do you mind just at highlighting who you worked with on this legislation okay there's a group of trust and tax attorneys and reach more pendergraft in in Johnson that in Arkansas yes Johnson Arkansas twenty spring invite Bill okay we'll tell Johnson okay thank you any other questions Senator Chesterfield you're recognized. So what what are the barriers right now to establishing the trust is it just not in law. Why they particularly interested in the S. as in gonna be up in a so that we find out what they're thinking about this is the of the collectors of a lot of what we do financially we'll the the reason you can you can currently set up your real global trustees of the generally those are set up as you know I'm a I'm a parent No one to leave a message to a child you can put him in those type to trust the trustee will distribute funds to the child at a certain age on a certain frequency in a certain amount currently the you can't set it up to where I couldn't set up. A non revoke herbal trust like this for me as the beneficiary I can set up for child this would allow me to set up for myself is give you a tax tax advantage or something that has been working with the the the the reason for it. The people like you and me probably aren't going to be set up for these this is for. Larger I what I wanted you and I are not. We'll all only to that question so there's let's let's say let's say I'm a I'm a billionaire and I want to set up one of these trusts I'm gonna go to Tennessee South Dakota Nevada Delaware instead of when these trusts so as in our cans and I'm gonna put my money in a bank out of state have a pay trustee of financial manager an attorney in Delaware instead of turning dollars in Arkansas so there's there's set up these trust right now they're just all out of state it's my understanding that if we set this up there's probably going to be. Large substantial amounts of money flow back into Arkansas in in trade turn our banks and you know the thank South Dakota was five hundred and twelve over five hundred fourteen billion in assets you know it you know one percent fees charged on those and then of roughly five percent tax rate we can do the math and it's a substantial amount of money that it could generate in tax revenue for the state by repatriate this money back in the state so that's that's the one so instead of doing so instead of doing as they usually do finding a way not to pay taxes. The billionaire's we'll find a way to pay taxes through this on the committee that. That's that's not that's not what I. I'm sitting there sitting of trusts out of state it's more for asset protection and probably tax avoidance the you know because you're not going to you're not going to put money into an error vocal trust like. If I had large sums of money I wouldn't put it all and enter your vocal trust because I have to rely on the trustee to make the decision to disperse to I don't have control that so. Then it's it however the trust is set up hello the the trustee will disburse funds so I'm not they're not going to put all their assets into one of these trust this is for it's kind of like when I buy a piece of real estate I'll hold an LLC to protect other assets in case something happens with that particular asset diminishes kind of the way business is done so this is this is just to bring money back in Arkansas. So the dollars are turning in Arkansas and tax revenues created jobs are created Hi a moment ago I thought you said that this wouldn't be tax. The money's not going to be taxed well I don't know but the track to tax structure of legacy just a minute ago though that it'll bring this money back and bring revenue back into the state of Arkansas I'm trying to find out what is the advantage of the state of Arkansas. To set this trust the. Both can set up the room some of them may not have been clear. if you're if you're a financial adviser you might be charging a one percent fee on the assets that you manage so that's what I was saying if you know there's five hundred plus billion Fees that are generated. In Arkansas okay if they are in South Dakota so that was Arkansas that would be you know that's how much money's turn in it if those fees are being charged in Arkansas and we have a roughly five percent tax rate. That's the taxes off that five billion dollars turning Arkansas that's just off the one percent fee charged by a the the financial planners so I mean it's it could be substantial substantial amounts of money in generated tax revenue not not alone it's it's creating jobs for trustees the money's in Arkansas banks I mean it's it's it's bringing money back to our state it is being held out of state by some. certain individuals in the state that have large asset so we want to we want our money back in Arkansas. The last question matters your committee okay I'm trying to understand since I'm a former school teacher so I you know I don't deal with this often. You're going to bring the money back to the state of Arkansas. There will be fees charged on the moneys that are brought back here but who but the management companies by the management yes so so businesses fees businesses in Arkansas or charging fees so that's going to be considered income abortion portion that's going to be income so. That income is going to be taxed okay so it's the the managers that will be paying the fee those will manage the trust. We'll be paying the fees but the individuals or even the fees will be receiving fees I just have a simple question how's it going to benefit the state of Arkansas fiscally is there going to be money yes that will come into the State. So that the state of Arkansas as revenue will increase that is just my simple quick you said yes thank you thank you madam chair thank you. Any other questions Senator Wallace and then Senator flowers. Senator Penzo is there anything in this bill that for. A person is thank you with some money that's going to hurt that individual not not the millionaires or billionaires but. Your average businessman has a trusted can you answer ask me that one more time and I don't I'm sorry is there anything in this bill that will. The average business manner person venture that has. Or is looking at new addresses or anything in here charge that individual entry fees or anything no. Senator flowers. So. The principal of the trust the money. It. What from creditors. How can that be I mean if if. If the. Thanks for is. For the person that's creating the trucks. I get for you said that. They can't. any body or something. Certain requirements this the fourth set it up. The. available to. In the event that that person. Who would benefit this. Isn't it to someone. Make. So. Let me let me try to answer that this information or a question if I believe it's two years that the money has to be in the trust before it's protected so you can't go out and set up this trust because you're about to file bankruptcy and you wrote trying to hide your assets debts that's not how it would work but any anybody with you know like like I said some of my real estate is in LLC's and its asset protection if you if you left the house day in and lock your lock your house and locked your car when you came in that's asset protection I mean it's it's it's the smart financial thing to do is to put your assets and in a in a protected vehicle so I mean it and and like I said you can't put all I mean nobody's gonna put all their assets into one of these because it's an honor vocal trust it's just not something that would be a smart financial decision because Yeah I mean you can't you can't control it there's a trustee controlling the trust I mean your your beneficiary and you set up the trust with your assets but somebody else's control and how those assets are dispersed so I mean I would never put all my eggs in one basket and not have control the vast. So you're saying for the first two years. It. It could be a test. By creditors somebody will. The the the the the money has to season OR OR marinating the account for for a period of time before it's protected so it's that's it that's that's the something that's put in place to keep people from trying to you know hide money from a creditor but if it's something happens down the road the money is protected. Any other questions anyone wish to speak against for the. What if you could what I've been looking trying to read the words that ten years that you were just speaking to can you give me that line I missed that part I thought I'd been all the way to the edge. We just. So on page I believe Page nine. line sixteen let me make sure that's the right section though. The person may not bring an action with respect to a transfer of property to Spencer of trust or domestic asset protection trusts if the person is a creditor. When the transfers made unless the action is commenced within two years after the transfers made. That. That's what that. But they have to be a credit they have to be. They have to be the creditor when that transfer was made to be able to do that. If they're not if they're not. If they're not the creditor. The C. that may be under nineteen Sir let me let me. Maybe that's a maybe that's on page nine nine twenty. Okay creditor after the transfers made. The last station is commence within two years. That's kind of the odd writing. And then there's also the provision is six months after the person discovers or reasonably should have discovered the transfer whichever is later so I guess it could expand extent pass to recruit based on that six month provision okay. In reading this thing it does appear like to me that this no this in no way precludes likable Bank as lien on a piece of property in that property is transferred to the trust this doesn't do away with that lane in any way shape or fashion it looks like that that the Wayne your name is attached prior to that it stays in place that that would be my understand that's the way it seems like it read in the okay thank you Sir. Follow up question. Senator bins of. So what what about the judgment. Taken against. The beneficiary the one that. That the trust is for. What if a judgment. Is taken against that person I mean with that. Would that person who's a ward objects to be considered the creditor and is is beyond two years this principle could. Test. If the disbursements have my understanding could be so any money that's dispersed out of the of the trust could be Access by a creditor but not the principal in the trust. But it's not that. The set for. This but if he doesn't disburse anything the trustee has to disburse not not the. The trustees in control of the vocal trust for the. If they don't disburse dating thing from the. Truss. What is there for a person that has a judgment. To get. In several states yeah believe of its currently in twenty. So everybody that wants to set one of these up to ten Arkansas goes to bank outside of the state to hold their money goes to a and a tax attorney to set up the trust and then you know so when a financial planner to you know maybe manage the assets so we're we're exporting three jobs to other states by not allowing this. At least three or yes but on this day in. How is it that you can hide assets like that. From. Know someone that awarded a judgment against women you can do it today in a non revoke herbal trust that you set up for. Like a an area. It's it's the same these. Yes that's correct for yourself that's correct. What this. I mean it seems like a way to avoid. Creditors and out of the way persons that to all. That's what it's like and I don't see how that legal I didn't hear the discussion. In committee I wasn't there yesterday evening where the. No. One. The. Thank you didn't okay job. Thirty. Centered Hey you're recognized for a question. Sorry I know you're trying to wrap up just as a clarification which I think may help so what I thought I heard early on was all of these concerns are not to minimize the concerns of of any of the that the questions that have been asked that concurrently happy they just currently happens in Nevada or North Dakota or wherever this is just that's not going to change anything about what concurrently happened other than the fact that we can now do this structure in Arkansas and therefore those assets that I have been transferred to Nevada now I can bring back any of the jobs that you're talking about in the generator profit in Arkansas gets the tax on that but but these legal concerns or concerns with or without this bill. That's correct okay thank you thank you appreciate a good vote. Anyone wish to speak against or for. Senator has closed. Any objection rowing the boat. I'm secretary please roll the vote Boyd Bragg Caldwell Chesterfield Clark Kroll Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote Senator Chesterfield present. Any others. Please cast a ballot. What has been cast up by a vote that thirty four yea zero nine and one present HB thirteen ninety four passes please return to the House. Forty five four fourteen oh five by a representative is pairing Senator crawl to amend the definition of election media and to amend the definition under election law. Senate pro you're recognized thank you governor this is a half page bill that simply updates the wording to the twenty first century it gets rid of the old terminology typically these are items we don't use and are no longer in use just simply get rid of the terminology. Any questions for some or all. Anyone wish to speak against or for. Senator has close any objection rowing the boat. Madam secretary please well the vote Boyd Bryant Caldwell Chesterfield Clark groaned Davis the Dismang Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love the key Murdock Payton Penzo Petty rice Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote. C. nine please cast a ballot by a vote of thirty five yea zero nine House Bill Fortino five passes please return to the House. House Bill. One fourteen thirty one by representative Sundstrom and senator Penzo to amend the Arkansas trust code to allow for the Dick can canting of our trust. Senator Penzo you're recognized thank you Mr president. Another simple little trust bill here. House Bill fourteen thirty one allows the trustees of an irrevocable trust to amend the basic terms of the trust without the necessity of obtaining court approval. There are two benefits of passing this law it'll save Ark Arkansas trust beneficiaries the expense of going to court to amend an irrevocable trust it will allow for the updating of out dated trusts without clogging courts with amicable petitions currently thirty six states have trustee canning statutes we would be the thirty seventh what is trustee canting well since it's got the word canting in it they decided to get an Italian run the bill so we can talk about one. one connoisseurs know the purpose of the canting vintage one is to separate the undesirable sentiment from the desirable and flavorful liquid so when you to can't a bottle the unwanted residue stays in the bottle where the desired beverage enters your glass decanting interest works the same way you leave behind the existing trusts outdated terms and provisions while preserving the original trusts purpose trustee Keating is usually a method used to amend or revoke herbal trust since they're almost impossible to change or revoke inst the name when you can't to trust you to establish a new one using the assets of the old one. their various reasons why you would choose to do you can't to trust You may want to correct errors the an older trusts while some trusts allow protectors and trustees to correct errors others don't canting trust can help you fix these errors moved to a state with favorable laws so a lot of these this is how a lot of these trust probably left Arkansas perhaps the truest was drafted in this state that as stringent trust laws the canting interest can allow you to move it to a state with favorable trust laws. Distribution flexibility of the trustee has restricted prudence to make payment on beneficiary's behalf the canting assets to another trust may give them more distribution flexibility. Create a special needs trust if a beneficiary was named in the original trust without the knowledge they had special needs you can do can't the trust into a new special needs trust this saves time money and court costs and offers needed flexibility. If there's. Any questions. I mean is. And this is also. Is. The third party means a trust that is exempt from the provisions of any law regulation of the state of Arkansas related to the treatment of trucks for purposes of eligibility for Medicaid. So I'm making that legal. That may not be considered. One of the Clause could. If not. Because Who has. Then. And not eligible eligible for Medicaid because they have to. Much in terms of financial resources so in this. The. I mean I don't know that this Medicaid. That. Can you do. are you familiar with a Miller trust. Miller no okay that it's currently available in Arkansas so I mean the that that method you're explaining is already exists under under Miller trusts in Arkansas it's it's it's an income trust that it's it's it's an income trust so all all the all the person's assets have to go into it it can exceed a certain amount there's certain provisions there but it does allow some latitude on on Medicaid issues. And so this particular. I mean this I'm not what I'm saying is you would what you're what you're explaining already exists in Arkansas this is. Of a certain amount. I don't I don't know the parameters. What what what I heard it say yes yeah I mean there's there's you can't make over so many assets I mean the per monthly income can't exceed a certain amount there can't be I don't know if the cap is on the trust but it's like for five thousand dollars a can exceed that much in the account I didn't really come prepared to talk about Miller trusts I just. I wanted to explain your. It mentions Medicaid and exemptions from laws or regulations of the state of Arkansas relating. To the trust to the treatment of trucks for purposes of eligibility for Medicaid that's on. On page two well all yeah thanks to. What would you also yes same offer. And so they regularly. Deal with the trusted of State the minutes that's all they do is is Deal with you know high net worth Trust. Accounts tax tax attorney I mean that's pretty much there the business. They don't do other types of law. So the other thirty states I think you mentioned that have. Such a set up a trust. That is correct so. Here again there's thirty six states were this can happen so the purpose of both these bills is to bring dollars back into Arkansas to generate revenue for the state other states are are benefiting from the money we've got sitting outside of our boundaries and this is both both of these are to make Arkansas competitive with the the other states to to attract money to come back home. And so I guess they determine that there's nothing. Within our rigs concerning Medicaid or other state laws that we might have. That would. Interfere. Our calls. With having trust in the state of Arkansas yeah I mean I did no no no issues were brought up by the attorneys or by a from bill or sometimes bill or will red flag if they see something that might be an issue I'm not saying that there's definitely not but nothing nothing that I'm aware of. Well I see that they were they cited seven U. S. C. Hello I mean I guess they know but I'm just concerned about. What our state law. Not prohibit. I mean but I guess they know I mean they they do their trust attorneys and tax attorney so I'm pretty sure they know what. How to navigate to the code. Per share a good vote. Senator is less well. Anyone wish to speak against or for. Senator has closed. Any objection to rowing the boat. Injection noted madam secretary please call the roll Boyd. Bright. Caldwell. Caldwell. Chesterfield. Clark. Clark. Roll. Davis. Davis. These. These. DISMANG. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Health. Irvine. Blake Johnson. Mark Johnson King. Leding. Leding. Love. Love. Mickey. Mickey. Murdock. Thank. Penzo Petty yes rice. Staff. Stubblefield. Sullivan. Tucker. Wallace. Any senators who did not vote to wish to vote also on the side Senator Clark yes Senator Davies yes. Senator Hammer yes. Senator love present. This side Senator Leding yes. Senator Caldwell yes. Any others. Please cast a ballot. But the thirty two year eight zero nine and three present house bill fourteen thirty one passes please return to the House. House Bill fourteen sixty one fourteen sixty one by representative Ladyman and senator Patty require legislative review of new federal election guidance and to amend the duties of the secretary of state. Senator Patty you're recognized. Thank you Mr chair. So members trust me when I say this is not a trust bill we're moving past trust bills for today I think right. Okay. This bill is is a relatively simple bill is a number that's another one of the the committee election integrity bills that we've been seeing here HB fourteen sixty one is going to establish a process by which counties will consistently notify the state of any federal inquiry into election issues all state and county local officials we must submit any new federal election guidance to the Secretary of State within two days of receipt and what this is going to do is help prevent federal over reach and protect state sovereignty when it deals to our elections in our election laws this this came about primarily from the secretary of state's office because of one county where the the fans had come in and were offering election guidance in the secretary of state was not aware of it and so this will establish a procedure by which they all are able to to to know consistently how they handle that and then also it will give the opportunity for the Secretary of State to disseminate the information if it is valid in good guidance they can disseminated to all the counties consistently the secretary of state says it does not add any staffer dollars to their to their budget in with that I'll be happy to answer any questions. Three questions for senator Patty. C. nine is there any objection to roll on the vote. This. R. as anyone want to speak for or against. Senator closed. Jerry objections rolling vote. Does not say nine. Role of a. Boyd Bragg Caldwell Chesterfield Clark Kroll Davis the Dismang Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Arvin Blake Johnson Mark Johnson King Leding Love the key or not Payton Penzo Petty rice stands Stubblefield Sullivan Tucker Wallace. Do you do any senators that desire to change their vote. Senator flowers president. Anyone else Senator love present. See no more Madam Secretary cast about. With about thirty three ages zero nays and to present. Your bill passes. Returns. The House. Fourteen sixty four by representative Burson senator Hammer to amend the law concerning complaints of election law violations and amend the law concerning the state board of election commissioners. Senator Hammer you're recognized. Thank you Mr chairman bill does too simple things allows more time for complaints regarding elections laws to be filed thirty days after the deadline of certification it also allows for at all for settlement hearing and or final action in the event there's a finding by the board of the glad to answer any questions. Any questions. Seventy one speak for or against. Senator Teague one close close for should good vote. Is there any objections to rolling the vote. C. none Matt secretary please rolled over. Boyd Bragg Caldwell Chesterfield Clark cruel Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love Me key Murdock Payton Penzo Petty rice down Stubblefield Sullivan Tucker Wallace. DO AT Senators desire to vote who have not voted or change their votes at this time. C. nine madam secretary passed up the ballot. With thirty five Yeas your help your bill passes. Return to the House. Hester fourteen eighty two by representative McElroy term it to amend Arkansas law concerning membership of the delta cultural center policy advisory board. Sir Gilmore you're recognized. Thank you Mr members is pretty easy bill it comes from the Department of parks heritage tourism clean up bill to see so that they can actually find members and have a quorum on their board for one instance in the bill it strikes language Requiring members to be from the main St Helena which doesn't exist anymore and so it does away with those two and then creates five at large members to serve on that Board so with that I'm happy to take any questions. Senator Chesterfield you're recognized thank you thank you Mr chairman thank you Senate was taking my question I have wondered about the main St Helena saying that I'm trying to figure out why we would not want someone to serve as an academic adviser who shall be trained in the field of guilt of folklore history or a related field because we don't have a lot of that anymore sure I'm just wondering why was that struck and I think you actually asked and answered your own question I think the issue is again your one of the great minds of the Senate here I think one of the issues with that is that they're not able to find that person that meets that criteria with those credentials at least that was some of the testimony in committee. Yep. Is there any more questions. Any senators wish to speak for or against. Senate Gilmore you want closer Gilmore has closed. If there's no objections to rolling the vote. C. nine madam secretary please roll the vote Boyd Bragg Caldwell Chesterfield Clark cruel Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love Me kidi Murdock Payton Penzo Petty rice Stubblefield Sullivan Tucker Wallace do any Senators desire to vote who have not voted or change their votes at this time. C. nine Madam Secretary cast up the ballot. With thirty four yeas H. B. fourteen eighty two has passed transmit to the House. Fourteen eighty five or eighty two sorry. Thirty five. Yeah. Thirty five. With thirty five votes each of the fourteen eighty two passes transmitters. H. B. fifteen ten. Clark. Yes if I could I have an important announcmenet to make governor. Of one of our young puppies turns forty today. Senator McKee. My wife my wife didn't look to make it though senator McCain. Without objection the Senate will dispense with the singing of Happy Birthday. House Bill fifteen ten fifteen ten by representative Ryan center Payton to amend the law concerning special elections on measure some questions. Senate you're recognized thank you Mr president and I brought against for Senator McKee House Bill fifteen ten Members in the summertime we haul hay. you get down to that last bill Hey and somebody lays hands on and they'll say here's the one you've been waiting on. And this is the last bill today so I can say here's the one you would wait on but more than that this chamber has advanced this objective on more than one occasion only to see it fail in the house of the good news is this is a house bill that's crossed all the hurdles till now this is this is the last hurdle and I appreciate a good vote so this bill would standardize the election calendar and about what I mean by that is it sets the to date to the parameters for special elections which would be may or November except for the years we have the primary in March it does have provisions in it for exceptions for emergencies where election could be held in dire circumstances where they needed to hold local local election I started receiving. A lot of phone calls around Christmas time this year for my district because. There had been of. Millage increase on the November ballot it was soundly defeated and then they schedule the special election for Valentine's day and the same people that work hard to defeat the. The Issue on the November ballot had to get out spend a lot more time lot more energy a lot more effort and again defeated it on Valentine's day just a couple weeks ago we spend a lot of money trying to hold the special elections when they could be combined with our primary with our general election and I'll be happy to shorten your day and and the answer any questions ask for a good vote but it's time that we get this the accomplished and with that I'll take questions. Any questions for Santa Fe. Senator Teague you're recognized. I mean I pretty much voice voice in committee you know what my district is the. The big thing on the questions just to make sure that these tax raise the self happen and you know in my district or not. It's the opposite they're not sneaking stuff through and understand about sneaking stuff through that I mean not impose our local control people making decisions but I mean you keep offered a compromise the main thing is you don't Locarno elections the status of. I would like for as many people as possible to be informed that there is an election to know when to expect that election and have the opportunity to go vote and I think that when that happens many times these measures are defeated because You know some people believe the low turnout help Sir because in the end and there may be people on the side that want to pass a tax I think low turnout would would help but or people on the other side like yourself you think low turnout helps defeat the tax but the bottom line is we should not be trying to achieve low turnout we should be trying to achieve official elections which means not wasting money and on election ninety days after of a measure just failed and we should also be trying to have some uniformity to work our constituents can you can know what dates to expect our I remember before I got elected I drove by the fire department one more no motorway to work and there was a sign out front that said vote here today. I get the restrains and I started making phone calls it took me till noon to find out what we were voting on. What I agree with that I mean if you're going to offer election years like a year so you had to move everything to the selection to talk about your moved to a standard date in November Dr. Yeah the second Tuesday November second Tuesday in may and less the primaries in March. So basically if you move it to this year this year in November I mean it's still going to be a low turnout election I mean would it be better just to say I with a slab of flexibility out here cities and counties whoever makes the decision by saying if there's not a certain turn out in each election and elections no invoice well and I mean with the flexibility of less than a city or county to do what they wanted to do that yet achieve your goal of having to turn out like you said Hey if you don't have this amount of turnout in this election is known for so we have data that we've that we've spent over ten million dollars on these special elections and I think it's it's a matter of of not costing the county's money to run the special elections unless there's an emergency So I guess we just disagree on that I mean I think it is local control when they can opt to put one in may or November it just says we're going to standardize those dates unless there's emergency I mean I don't expect somebody just to wake up in the bill that I can dream up that that they want to put something on the ballot and because they're there the mayor or whatever that thing hold election on Valentine's day or ten days before Christmas was recently done it's just you know I don't think it's fair to the electric the that they would have to Remain flexible in their own schedules I mean we've we've known as special elections been set with back to school dates and you know people have very busy schedules at certain times of the year around holidays around back to school or school get out summer vacation and we've seen in the past for these elections were often scheduled in the middle of a time when when. General public knowledge was that it would be a low turnout and and I think the data shows that the majority of these elections fall far below ten percent on turnout well and that's what I said you know a compromise of saying Hey if you don't have a certain percentage of turnout this is null and void you know we have situations out there every time we did standardized something it's like without a well that I didn't think of that just like I kept telling people these you know like you and the others that were for this in my district you know they're defeating special elections for tax increases opponents of you're almost standardized and what's your goal of what you want to do you're actually making another district harder on them and I know my district just defeated it twice but it cost a lot of time and effort and money to do it and they quit doing once they do that but you know I don't know that it's just we're getting more standard so you could have a situation where a city or county or some type of situation just need to refinance bonds was not gonna be any more calls but if you for some the way later do that then it's possibly with the interest rates going up they could cost that entity more money. By the way. that I missed whatever the question was in that statement well anyway yeah I'm just saying when we do the standardized things it just makes it harder to and we had a situation come up well I didn't think of that situation so anyway I agree with you on the low turnout sneaky stuff but as I said Committee no I found more far more tax raises and sneaky stuff right here at the capitol in my experience and I the far out anywhere else. Senator hammer for questions. Thank you madam chair I may miss something all that. But I'm under the impression of what this bill does a standardized so that people can no. I'm consistent date when matters of high importance are going to be voted on and then the cities counties municipalities or other can plan accordingly knowing that that when the vote is going to take place did I miss something or is that right no Senator Hammer that's exactly what we hope to achieve here I am hopefully you won't have to go to the polls three times a year to vote on three different things you can vote on all three of them at the same time. Which would that not increased voter turnout they know that's going to happen because that's one of the underlining benefit increase along preach voter turnout they would increase the likelihood that that man and the people closest to me would would be there and be informed yes all right thank you I just wanna make sure that mess up thank you. Questions Senator Irvin. Just quick question why would we have an effective date of out on and after January one of twenty twenty four verses emergency clause to affect anything for this year. I think that was requested of of representive ray and Annie gave explanation committee and I'm afraid I'm going to remember it wrong but but there was a. Planning type reason for that they had to do with. Organization. Okay do you have any fear the that if this bill passes that there's going to be like this rush by counties and cities to pass ordinances to pass. Yes hi. That would be my concern as well so which is why I would prefer an emergency clause that immediately as the governor signs the bill in that take effect in and I would definitely say it's cosponsor that with you if we could run it in another bill or something but I don't want to amend this bill when it has already cleared three hurdles and if I have to go back which they had over seventy votes in the house but as we know a few years ago we lost that bill in the house by one vote so I did express my concerns about the emergency clause and I think it would be a good idea and I would I would assume that there's a way that we could run a. US secretary bill to get that done thank you. Thank you. Yes. For. And the Wallace you're recognized to speak for. Thank you governor. Members this is a good bill I've read it three times and didn't get cross the finish line. It's good because what happens is we'll have a general election. In a photo show up. In life gets real busy. And then this Millage for as an example will be defeated I saw one defeated sixty four to thirty six. Three months later had a special election. It was defeated again fifty five forty five. Three more months. With a lot less people showing up. Three more months another special election only about one fifth of the people showed up to vote for the election but the special interest groups will always show up. And so. Marcus is not taking place. We have a general election all we have a primary and people show up for that and then life gets real busy is hard for jim Bob to climb all that tractor every three months this is a good bill and I would ask that you vote for thank you. Anyone wishing to speak against four four. Senate bill three closed. Thank you madam president I'm does not appreciate a good vote. Senator has closed any objection rowing the boat. Secretary please well the vote Boyd Brown Caldwell Chesterfield Clark prone Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty Rostom Stubblefield Sullivan Tucker Wallace. Any senators wish to change your vote. On this side and on the sides and the love know any others on the side Senator Tucker no. Senator Leding is no Senator flowers no Senator Teague president. The other please cast a ballot. By a vote of thirty eight four nine and one present house bill fifteen ten passes please return to the House. Senator Solomon. You're recognized. Members I'd like to suspend the rules to withdraw Senate bill one twenty five from Education Committee. For the purpose of amendment. Senator is asked to suspend the rules. To withdraw. One twenty one twenty five from Education Committee for purposes of amendment all those in favor signify by saying aye. Opposed. Amendment to the to Senate bill one twenty five again my bill my amendment just changing sponsors. All those in favor of the moment please signify by saying aye. Any opposed. I have it and then as adopted please center and gross. Senator Dismang. The R.. Well now take up the budget calendar. But members these are all House bills we can both these in batch when read them off the doctor one out for separate voter have any questions let me know. House bill ten sixty five. Ten seventy five. Ten seventy nine. Ten eighty. Ten eighty one. Eleven oh six. Eleven thirty four. All right seeing none. House bill ten six five by joint budget an act for the Department transformations shared services division of information systems the preparation for the twenty twenty three twenty twenty fourth this year house bill ten seventy five ACT for the department of finance ministration child support enforcement appropriation for the twenty twenty three twenty twenty for fiscal year Haselton seventy nine and I by joint budget act the department of commerce state securities department appropriation for the twenty twenty three twenty twenty for fiscal year. House bill ten eighty by joint budget after the department of health to back up provisions and succession programs appropriation bills twenty twenty three twenty twenty fourth this year also ten ninety one by joint budget actor department of commerce Arkansas rehabilitation services appropriations twenty twenty three twenty twenty four fiscal year house bill eleven I was six by joint budget act for the department of the military preparation for the twenty twenty three twenty forty four fiscal year house bill eleven thirty four by joint budget and I'm for the department of corrections division of community correction appropriation for the twenty twenty three twenty twenty fourth fiscal year. Any questions anyone wish to speak against or for. Senator has closed any objection rowing the boat on the back. Madam secretary please world board right Caldwell Chesterfield Clark for all Davis these Dismang Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love Me key Murdock Payton Penzo Petty rice down Stubblefield Sullivan Tucker Wallace any senators wish to change your vote. C. nine please cast at the ballot. By a vote to that thirty five Yeas zero native backs at ten sixty five eighty ten seventy five H. the ten seventy nine H. the ten eighty eight ten eighty one eighty eleven oh six and H. B. eleven thirty four all pass. Please return to the House. All of those have emergency clause that are also adopted. And return to the House. Other announcmenet. Senator Blake Johnson. Senate state agencies ten minutes upon adjournment. Senate pro. Please get your brackets and otherwise I will release act on you your brackets in. Senate. On Thursday we are going to be celebrating of the world down syndrome day by wearing crazy socks signature crazy socks ready please where I'm on Thursday as we celebrate world down syndrome day thank you. Senator English. Education will meet tomorrow morning at ten o'clock in room two oh seven. Forty year old Senator. Thank you Mr president just wanna take a second recognized a former member of this body former state senator Doyle Webb also chairman of the Republican Party of Arkansas for quite awhile let's give him a round of applause recognition. My lovely wife so if there to. Other items at the desk. Senate president Committee on engrossed bills to whom was referred senate bill three twelve by Senator Clark engrossed copy with the original find same correctly engrossed counted Committee on west Bills to whom was referred senate bill three sixty nine by Senator dot copper three John Feinstein correctly engrossed. Senate resolution twenty nine by Senator Davis to celebrate recognized world down syndrome day in the state of Arkansas Senate resolution twenty nine. Senate resolution thirty by Senator Hammer. March is national athletic training month Senate resolution thirty calendar Senate bill four twenty by Senator Dotson to amend the law concerning the redistricting of precincts and to amend the law concerning the reporting of election results Senate bill four twenty state agencies and before twenty one by Senator Leding to create a cage safety thankfully ACT and to require you to injury. Medication and information horses of honor for athletics personnel and catches Senate bill four twenty one education center for twenty two by Senator Bryant to amend the law concerning juvenile court jurisdiction over certain traffic offenses senate bill four twenty two Judiciary symbol for twenty three by Senator came concerning the filing fees that a candidate seeking election by a political party and the staff was arranged for political party filing fees for twenty three state agencies. Any other announcements. There are no other announcements the Senate will stand in the German subject to the clearing of the desk until one PM on the odds of March twenty twenty three.