Senate Convenes

The Senate will be called to order or there any request related to sign Senator Hester you're recognized. Clark call. The thank you senator. Madam secretary please call the roll Boyd Bryant Caldwell Chesterfield Clark Crowell Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. Thank you madam secretary and everyone in the chamber and in the galleries would please rise and remain standing for the pledge allegiance followed by or rather. Following a prayer led by a friend a centerpiece. It's going to support. Thank you manager let's pray. Thank you lord thank you for who you are and what you've done for us and for the sun you sent and died for us or thank you that we have the freedom and the ability to so to worship and we have the freedom to live our lives here and thank you for the honor to get to represent the people from home today in his asset you guide us in our eyes are costly fixed on you the author perfect of our faith and that you always before us thanks for going before us or give us your wisdom above all not man's into that we honor you with everything we do every vote we do every conversation every smile or handshake is pleasing in on to you and all we do is separate payment. Thank you senator ladies and gentlemen the gallery's welcome to your Arkansas state Senate it is our expectation that each of you exercise proper govern yourselves accordingly during today's proceedings. Without objection the rules will be suspended and the Senate will dismantle the reading of the Journal. The morning hour has now begun are there any announcements or introductions at this time. Senator Wallace. Thanks and. Wallace. Any other announcements Senator Davis president of. Thank you madam president members today is at five o'clock at Capitol Hill is western Arkansas chapter nine chapter are our western Arkansas chamber of commerce's from Van Buren enforcement will be here for their reception there legislative reception at Capitol Hill five o'clock. Senator Davis. Well I have my very first page this session I'm so excited I have gotten that carpenter with me he is thirteen years old he is in seventh grade from BB and he attends Beebe junior high school he's involved in the future business leaders of America the national junior honor society which she's got a pin on his jacket and and that he proudly wears he attends union valley Baptist church and is a member of fellowship Christian and of athletes a fellowship of Christian athletes excuse me any estimate really cool feature plans he wants to be a meteorologist for channel seven and actually recently got to shadow Todd you can be and who is a very kind guy and very good at what he does so just want to give a round of applause here to mac and his grandparents are up in the gallery the McKennon's there waiting and I know they're very proud of him and so please M. welcome with me welcoming Matt and his family. Senator Leding. Thank you president colleagues I'm proud today to welcome twelve year old Oliver Herald he's in the sixth grade al creek elementary back in I'm sorry I'll creek middle school back home in Fayetteville his interests include sailing fencing an engineering and this is something that you would have no way of knowing my colleagues don't know either actually took fencing lessons back around two thousand five even back then my knees could no longer handle that that's that's impressive it's a tough thing to do of all of his plans for the future you like to go to college you to be an engineer or a veterinarian and I know we've got his dad here somewhere I believe in the gallery so we just welcome Oliver and his father to the Arkansas. Senate. Thank you madam president one shelter please join me in welcoming our our nurse and doctor of the day nurse Brenda Hewitt who's a who's with us here as all eyes almost always and then our doctor the day today's doctor Lyle Burdon he's a transplant surgeon at UAMS he works he transplants livers pancreas is that's the plural and kidneys right so it is very important work over you I'm especially for gunshot victims and and other people who are in need so please join me in welcoming Dr Burdon and and their sprint. No further announcements or other items at the desk. Yes madam president will your committee on engrossed bills to whom was referred Senate bill ninety seven by Senator Wallace compare the engrossed copy with the original find same correctly engrossed insurance were you Committee on engrossed bills to whom was referred Senate bill two O. one by Senator English compared the engrossed copy with the original find same correctly engrossed city county local Committee on engrossed bills to whom was referred Senate bill two thirty one by Senator king compare the engrossed copy with the original find same correctly engrossed state agencies Committee on engrossed bills to whom was referred Senate bill two thirty eight by Senator Clark compare the engrossed copy with the original find same correctly engrossed. Judiciary Committee on engrossed bills to whom was referred Senate bill two fifty three by Senator crawl compare the engrossed copy with the original find same correctly engrossed state agencies Committee on engrossed bills to whom was referred senate bill three eighteen by Senator Irving compare the engrossed copy with the original find same correctly engrossed public health Committee on engrossed bills to whom was referred senate bill three thirty three by Senator Wallace compare the engrossed copy with the original find same correctly engrossed agriculture Committee on engrossed bills to whom was referred senate bill three forty six by Senator Hester for the engrossed copy with the original original find same correctly engrossed Judiciary Committee on west Bills to whom was referred senate three fifty four by Senator Hammer compare the engrossed copy with the original find same correctly engrossed state agencies Committee on engrossed bills to whom was referred senate joint resolution one by Senator king compare the engrossed copy with the original find same correctly engrossed state agencies where your committee on city county local to whom was referred senate bill three oh five by Senator Stein recommend due pass counted Committee on city county local to whom was referred house bill thirteen twenty seven by representative Gazaway recommend to pass as amended number one calendar Committee on city county local to whom was referred house bill fourteen oh six by representative Evans recommend due pass counted Committee on city county local to whom was referred house bill fourteen forty one by representative shorts recommend due pass counted Committee on state agencies to whom was referred senate bill three fifty six by Senator English recommend to pass as amended number one calendar Committee on state agencies to whom was referred house bill thirteen twenty five the representative Collins recommend due pass counted Senate bill three seventy by Senator Mark Johnson concerning the schools of law under the University of Arkansas Senate bill three seventy education center three seventy one by Senator Caldwell to transfer to the Arkansas rule services commission and the role services Division of the Arkansas Economic Development Commission the department of agriculture. the card emergency Senate bill three seventy one agriculture senate three seventy two by Senator Caldwell regarding alcoholic beverages and to amend the law related to additional products on by the holder of an out of a liquor permit Senate bill three seventy two city county local symbol three seventy three by Senator Caldwell concerning the re organization of local district courts to create the sixteenth judicial district of this of the state District Court system Senate bill three seventy three. Judiciary Senate bill three seventy four by Senator Mickey to amend the laws relating to the county treasurer and the financial operations of the county Senate bill three seventy four city county local. There's no further business to come before the body. Senate bill three seventy five by Senator Mark Johnson to amend the law concerning the distribution and use the funds in the commercial driver license fund Senate bill three seventy five Transportation. Senator so that you have. And enhancements. Madam chair members I would ask that my bill Senate bill three oh four people down from consideration. Without objection. Sensorial Rio FOR we'll be withdrawn thank you. If there are no. There's no further business to come before the body in the morning hour. The morning hour has expired we will now begin the business agenda. Senate resolution ten. Senate resolution ten by Senator deas to recognize the solemn springs Panthers and lady Panthers cheer team for winning the twenty twenty two class five A. six a coed state championship and national cheerleaders association high school national championship. Centerville's you're recognized. Thank you madam chair. We have a wonderful opportunity today. Recognized leaders in champions from asylum springs Arkansas my hometown Panthers lady Panthers let me read the Senate resolution for you today. Whereas on December sixteenth two thousand twenty to the silence for his Panthers and lady Panthers coed cheer team won the class five A. six A. co ed cheer state championships and the sounds for expenses lady Panthers co chair team competed in five competitions in which in two thousand twenty to twenty three season in which they placed first or second in every single one of those competitions the sponsors Pat there's also received an eighty five point one six points out of possible hundred points in the competition on January twenty second two thousand twenty three to the silence for his Panthers lady Panthers co chair team won its first national championship a part of the national cheerleaders association high school competition and advanced into the small school co adversity courage performance division at the at the Kay Bailey Hutchinson convention center in Dallas Texas and whereas three hundred and ten teams from twenty seven different states competed at the national championship and they came out on top the silence rings of the school district and community provided the silence for his Panthers lady Panthers with the support necessary to compete at the national level coach and team we are so so proud of you so be it resolved now therefore by the Senate of the ninety fourth the General Assembly of the State of Arkansas that the Senate recognizes the silence springs Panthers and lady Panthers co ed cheer team for winning the twenty twenty to state class five A. six a coed state championship and the national cheerleaders association national cheer championship be it further resolved that upon adoption of this resolution a copy be sent to coach Jackie Clement of the by the Secretary of State and so I would ask for a good vote but in case you had doubts of the need for the good vote. I point your attention again to these fine athletes maybe you can share with them a nice cheer prepared. Good decisions for. Thank you senator B. what all those. Senate resolution ten and to recognize the solemn springs Panthers and lady Panthers your team for winning the two thousand twenty two class five A. six eight oh eight at a state championship and the national cheerleaders association high school national championship please signify by saying aye hi any opposed. Senate resolution ten is adopted congratulates. If if we get at two minutes for recess for pictures please the Senate will stand in recess for two minutes thank you thank you for. Body come back to order. Senate resolution twenty. Senate resolution twenty by Senator Wallace to recognize and celebrate new court day at the state capitol on March seventh twenty twenty three. No Wallace you're recognized. I would ask the body to. What we have the attention of body senator Wallace you're recognized thank you madam chair madam president I apologize. I talked with my guys they go try real hard to come up with the chair I just not so sure we're going to be able to. The last but they're going to try. Yeah I've got a whole bunch I get three pages of four as I was summarizes. I will tell you what Nucor in this new court date here in in the capital what they have met for northeast Arkansas for Mississippi County in Poinsett cricketing Crittenden County. Larger still mill larger still producers an entire country. Right there. In Arkansas. Twenty four hundred teammates don't call employees they call teammates because they work as a team. Employs over a thousand vendors and subcontractors that work with them every day. For all you all that worked. In the corporate office listen listen this thirty five years. They've never laid off the team may. Thank about that thirty five years. No one's ever been laid off that's a loyalty that Nucor shows to his teammates. Nucor the last five years has invested over one billion dollars the state of Arkansas. Talk about a return on investment. For the state of Arkansas. The most of all is made a difference the northeast Arkansas. We had young men young women. Working or farms making. Back in those days for five dollars an hour. Now you might make fourteen. In all new four as four is to be drug free. Given a good handshake be dependable show for work every day have basic math skills basic reading skills and they'll mold you into a good teammate. That's a sign of a great company. And with that. Members. Now therefore be it resolved by the Senate of the ninety fourth Joe simply of the State of Arkansas that the Senate recognizes and celebrates new core at the state capitol building March seventh twenty twenty three. Be it further resolved that upon adoption a copy of this resolution shall be transmitted to the CEO of Nucor corporation by the Secretary of State it members if you'll join me welcome. Thank you senator Wallace with all those in favor of Senate resolution twenty you're recognize and celebrate new court day at the state capitol March seventh two thousand and twenty three please signify by saying aye. Many of those. Senate resolution twenty is adopted thank you thank you mental. Amendment one to Senate bill seventy nine. Amendment one Senate bill seventy nine. Senator Hammer you're recognized thank you my bill my amendment appreciate a good vote. All those in favor of amendment one to Senate bill seven nine please signify by saying aye. Any opposed. I amendment is adopted Senator Ingram. To to Senate bill one ninety five amendment to the Senate bill one ninety five Senator Hammer you're recognized thank you ma'am sure my bill my amendment appreciate a good vote. Thank you senator. Amendment to the Senate bill one ninety five please signify by saying aye. Any opposed. Highs had ma'am as adopted please centering road. Amendment one Senate bill three forty five. Amendment one Senate bill three forty five. Six of. Senate. It is not a hostile Amendment for Senator hills bill this just adds means a co sponsor. All those in favor of amendment wanted to. Senate bill three forty five please signify by saying aye. Any of those. Is have it members adopted please send gross. Amendment one to House Bill eleven twenty eight amendment one the house bill eleven twenty eight Senator adds me and Senate sponsor. All those in favor of amendment one. Please signify by saying aye. Many oppose ayes have it members one to House Bill eleven twenty eight is adopted please send to engrossed. One to House Bill fourteen ninety nine amendment one to House Bill fourteen ninety nine Senate boy you're recognized. Madam president colleagues this bill just makes clear on this feasibility study proposal that it could be done by the economic development commission or they can hire a third party I appreciate a good vote. Thanks and avoid all those in favor of amendment one to House Bill fourteen ninety nine please signify by saying aye. Any oppose ayes have it amendment is adopted grossing. Senate bill ninety. Senate bill ninety by Senator Hill to create the automatic occupational licensure for out of state individuals act. And a bill you're recognized. Thank you. Kelly this is a pretty simple bill basically says that a state of Arkansas is one of the most restrictive state in the U. S. one comes getting a license it also one of the most over license state in the US with this bill. It's saying if you move to the state of Arkansas we want to go to work we don't you said around the house if you have a profession occupation that you're involved in we want you to move here and be able to work as soon as you can this bill allows you to get expedited licensing so you can actually go to work and provide for your family. That the once you get your license you have up to a year to meet the state guidelines that's required without limitation you have still have to take your committee criminal background check and all education is needed. But if you have come from the state that have the scope of practice is similar to the state of Arkansas we want to get here we want to go to work and that's what it's been doing this for about four years now the military personnel that we've been doing that have not had any issues whatsoever and so like to continue this opened up to any citizen moving to the to the state of Arkansas with that I'll take any questions any questions for Centerville. Senator flowers you're recognized for a question. This bill. People like Talking about Developers hope. People that are engaged in construction. They would be able to come to the state of Arkansas even after one year. But working in that occupation out of state. Be able to get. Without exam like all our other. Construction People are home developers or whatever they are. These licenses. They. In order. Go beyond. Required of our own people in Arkansas. Thank you. Even when you one. Under this bill if you have one year experience can come here and you can go to work if you have three years worth of experience you can overlook a lot of the continuing education that you may have to help so yeah if you've got a year's extension you work somewhere you can come here and go to work. But the people of Arkansas all that apply for these occupation still have to take it okay but under the under this I'm trying to answer questions Senator yeah I'm still trying to answer questions. Under the. Another question that that is fine ma'am and I'll be glad to answer that question as well. Under under this bill. You have twelve months once you get that temporary licenses color temperature licensed teacher expedited lasting you have one year to compete complete all the necessary testing and guidelines if you're coming here from another state you may not have had to do that and so is it you fear asking me if it's fair for someone to come out of state and be able to go to work yes it is something they need to provide for their families. But everybody of Arkansas you will have to build testing and everything else is required by the licensing board isn't that yes that is true so how fair is that I think it's very and so I think it's very fair because we get people in the state of Arkansas they're going to go to work. Thank you for the people that live in the state well let's let's let's move on that burden is on them out there center if you want to run a bill to reduce some of those burdens I will be glad to help you. What I would do agree to merge or there is already reduce now under the law you you're the one that's putting the burned out there no ma'am I'm afraid I'm not thank you very much senator. Senator Mark Johnson recognized for a question thank you Mr president Senator Hill do we recognized the licensure of drivers from other states as they pass through our state yes Sir just wanna make sure I was a remember that right thank you Sir thank you ma'am thank you very good point they may have a different tests and what we take as well. Any other questions. Any senator wish to speak against or for. Senator you're pretty close eye Preciado. Senator has closed any objection rowing the boat. Madam secretary please call the roll Boyd. Boyd. Right. Caldwell Chesterfield. Clark. Kroll. Davis. These. DISMANG. Dotson. English. Flippo. Flippo. Flowers. Gilmore. Gilmore. Hammer. Hester. Hickey. Hickey. Hello. Irvine. Blake Johnson. Mark Johnson. King. Leding. Leding. Love. Love. The key. Murdock. Murdock. Payton. Penzo. Penzo. Petty. Rice. Stan. Stubblefield. Sullivan. Tucker. Tucker. Wallace. Any senators wish to vote who did not vote who wish to change your vote. I will be on this side I see senator love president I see Senator Tucker yes senator Murdock present any other centers on the side. He did not vote was injured vote centers on this side Senator Leding. Yes. Penzo president led by. Please cast the ballot. But at twenty six eight one nine one not voting and five president Senate bill ninety passes please transmit to the House. Senate bill ninety one. Senate bill ninety one by Senator Hammer to establish the audiology and speech language pathology interstate compact in Arkansas. Senator Hammer you're recognized thank you ma'am share the title of the bill pretty well explains what it does this is not the first one to come through where we joined interstate compact this one just applies to the audiology and the speech language pathologist several questions in committee all of which seem to be answered to the full satisfaction of the committee this is not yielding any state's authority we still have involvement in the process but it does make it easier especially if you live on a border state to be able to provide tree on a border city shoes me if you want to provide treatment to those that live outside of your area but maybe live in the State next you'll be glad to answer any questions. Any questions for Senator Hammer Senator Rapert you're recognized for a question. Thank you I just publicly want to say how much I appreciate the public health committee and senator Hammer and the other senators that worked on these types of bills there was a lot of good work done in the Committee by our membership on the house and Senate side to just improve language and so I just really want to thank the members of the public health committees and senators that are carrying this legislation because it was really good back and forth work that improve the policy would you agree. I certainly would thank you. Thank you senator I think any Senator would welcome a question that thank you. Any other questions anyone wish to speak against or for. Senator you're pretty close thank you Richard I would also say and I'd like to thank the public health committee because we we were able to get in and get a lot of questions answered before especially working with the department of health Matt Gilmore there was exceptionally helpful along with all the other staff over there so we get to the finish line with this product and so I appreciate a good vote. Senator has any objection to rolling the vote. Richmond secretary please roll rowboat Boyd Brown Caldwell Chesterfield Clark for awhile Davis dis dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love Me key Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. The centers wish to change your vote. Please cast a ballot. But thirty three a is the room may. Senate bill ninety one passes please transmitted to the house Senator Hammer you're recognized thank you manager I'd like to make a motion. To referred Senate bill two seventy five back to committee. We have a motion to. Referred Senate bill two seventy five to Committee. Any questions. Against it for all those in favor of any opposed. Is have it. And now we will take up Senate bill one twelve. Thank you. Senate bill one twelve by Senator Boyd top prize physician assistants to be identified as a treating provider for insurance billing and claims and the bill and receive payment and provide healthcare services. Senator Boyd you're recognized. Thank you madam president colleagues this bill does not change scope but what it does do is it allows a physician assistant with the supervising physicians authorization to bill under that the providers name this is important in some way and that's the way in healthcare efficiency is measured so I'd be happy to try to answer any questions any questions for centerpoint. Anyone wish to speak against or for. Senator you're pretty close I appreciate a good vote thank you. Senator has closed any objection to rowing the boat. And secretary please roll the vote. Boyd Bryant Caldwell Chesterfield Clark Kroll Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice system Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote Senator flowers. President any other senators. Please cast a ballot. By a vote at thirty two yea zero night and everyone present Senate bill one twelve passes please transmit to the House. Senate bill two seventy. Senate bill two seventy by Senator Pitsch. To amend the criminal offense of sexual indecency with a child. Senate you're recognized thank you madam president colleagues this is Senate bill two seventy amended and engrossed and all wrapped up in a nice Lobo but I do have to say going back to a committee the second time was a pretty healthy process because he gave us a chance to point out that this bill does not do near as much as what it's credited with doing as I stated earlier to me this bill as part of a compromise and all one thing that I had misstated earlier is that it creates a felony on the third offense I was in an earlier version and one of the groups that had vetted the bill had asked for that to be chain taken out for its just a misdemeanor and so we have done that an earlier draft tonight misrepresented that on the floor I want to clear that up if I could draw your attention though to a couple things in the bill page number three starting on line fourteen the definition of a public changing facility this is something that came up in committee just to make sure everybody understands somebody not just a restroom but may be a locker room or shower room but basically a public changing facility means a public or private facility this held out is open to the public and designed to be used at the time during which a person may be in a state of undress. In the presence of other persons. It's a dealing with the fact that we have areas where the common expectation is that somebody's going to enter into a state of unrest while they are in that room and sometimes most of the time those rooms are marked and designated for one gender one sex or the other male or female and I. So that's the rooms we are dealing with if if. If the private property owner wants to not designate the rooms I don't have to or we've all been in places where the rooms are designated as either sex and so does not apply to any of those if you back up there to page two. And look at line seven this is being eighteen years of age or older the person knowingly which is a key word enters into an end that's another key word you need to remember remains in a public changing facility that is assigned to persons of the opposite sex while knowing again that a minor of the opposite sex is present. In committee we talked about this about the prosecutors to the end of the table it's a very high bar. For prosecution it's gonna be very hard to prove somebody's really gonna have to act out and build not to some bigger problem before any prosecutor would pursue such a high bar and they're gonna have to have a lot of proof in order. To gain a conviction on this if you look a little further their on page two. It gives the exemptions and. Follett's read those for yourself because I'm sure we're probably won't have plenty a conversation and I'll reserve some of that to closing thank you. One wish to speak against Senator Tucker you're recognized. Thank you madam president I have a long talk on this last week in a I'm not planning on repeating any of that all I really want to do is talk about what was new in committee yesterday the only thing I carryover from last week is that everything that I said last week about the bill on the floor is still the case with the one exception of the fact that the missing line is now no longer missing every other thing that I laid out last week is still present with the bill beyond that we did have the prosecutors come to the end of the table yesterday and I ask the question is there any other crime on the books that has a physical trait of a person's body as an element of a crime and they said they're not aware of any so I you know as I'm reading this bill I'm thinking I've never read of a crime like this for and the reason is because there are no crimes like this one where you have the physical traits of a person's body as an element of the crime and asks how prosecutors going to prove what a person's generals were when they what a person's genitals were when they were born and he said you know I don't know what maybe we'll get a search warrant and take a blood sample we're gonna search warden for their hospital records I mean there's a variety of ways and and they're all bizarre because it's quite frankly bizarre to have a physical trait of a person's body as an element to the crime and the high bar that was testified into an committee was not about the person's behavior the offender's behavior it's about proving what a person's genitals were when they were born they might have to bring on an expert witness to prove beyond a reasonable doubt whether a person had a **** or **** when they were born it's it's it's really truly bizarre for that to be an element of a crime and it doesn't exist and any other crime on the books in the state of Arkansas beyond that also came out in committee yesterday that this regulates and and senator Payton just mentioned this a moment ago this regulates not only publicly owned property but also the property of private businesses so with this law were telling private businesses how they're going to manage the bathrooms on their own private property and someone's going to have to explain to me how that's conservative or limited government. Beyond that while the prosecutors were at the end of the table Senator Clark start asking questions what what would prevent him from going into a women's room and taking at a women's locker room and taking a shower and I said well we have laws on the books for indecent exposure so there already is a law on the books for that and he said well what if what if I didn't shower I just wanted to the women's locker room and just watched I'm like well we have a crime on the books for that code for your resume. So every other crime that we have on the books requires harm to the victim this would also be on president in the sense that it doesn't actually require any harm to a victim and I asked the prosecutors when they were that stable I said if a person goes into a bathroom with to harm a person no matter what generals they have in their pants are no matter whether the victim or as a child or an adult if they don't want to harm a person is there already a crime on the books to protect the victim from that and the prosecutor said yes so this this bill actually does not accomplish anything because if if there's a harm we already have a crime on the books for that so you know about half the bills that we passed down here we refer to as clean up bills because their unintended consequences and a lot of times they are unintended because it's the nature of the way that we pass laws down here we passed to committee we passed them too quickly but we know what the consequences of this one are we're staring them right in the face it would be the first crime in the history of the state of Arkansas where you you don't require harm to be guilty of a crime not just any crime but sexual indecency with a child and the first crime on the books in the history the state of Arkansas that has a physical trait of a person's body as an element of a crime so take the galaxy completely out of it this is a truly bizarre way to construct a crime it should be a crime on the books of the laws of the state of Arkansas so we should still vote this down. Anyone wish to speak for. Everyone else was to speak against. Senate Brian. Thank you madam president. Colleagues this bill this bill what me up about five eighteen this morning. Usually when I have some that's on my conscience I I lean over the bid I I start to write down my thoughts then all the sudden I realize it's about seven thirty in the morning and I've got too many thoughts so I'm gonna try to keep this this short I'm an echo again what would Senator Tucker says said because a lot of a lot of my thoughts hit on that we've already got laws on the books. but before you see my name what I read on the board I want to make sure you understood where a or maybe a knuckle dragging conservative might be on the on an issue like this and and maybe it's the the libertarian in me peeling out of that surface a little bit but I think this is an over reach of of what our responsibility is a multi point I want to make the first this is this law just like most for laws don't don't stop the bad actors it might deter people to think about it twice but if there's gonna be a bad actor it's going to happen regardless of what our laws do. Let me to my next issue its indecency with a child is a specific sexual behavior identified as eighteen years or older to a child less than fifteen or separated by three years of age. Is the finest sexual arousal sexual desire sexual intercourse and purpose for exposure of sex organs it's also a Class D. felony. But will I six years in prison and all the extra stuff that goes on in prison with it. This bill makes a simple occupation of somebody walking into a facility. A Of the opposite sex a misdemeanor activity it indecency of a child or creating a new because now misdemeanor instead of a felony. You simply just have to occupy. No activity or sexual nature is required. Why should that be there for considered sexually indecent if you were actually sexually indecent the law already covers that. By thirty issue probably the main one is there's no defense for the new miss numerous medical issues that would cause an individual to choose to occupy specially a restroom of the opposite sex. These issues that are inflammatory or hearing about syndromes colitis celiac Crohn's or any of that fortune medical conditions that might require a colostomy bag. All these reasons are just what life throws at us. And there is no defense for any of this in this bill the bill states you can enter an assist others but you can't defend against your own if you have a private medical emergency and you must go in because maybe your restroom is not accessible. So I want to combine these with with a little story because that catches our attention let's say you've got to the individual somebody you know personally trust her friend dealing with the stage of life of maybe a copy of the or Alzheimer's or maybe they just have a lot on their mind and not paid attention. There's nothing deviate in their life that would suggest otherwise but they go into and that. The restroom of the of the opposite sex they enter knowingly or not they didn't expose themselves they didn't sexually comprised a compromise anyone they might I don't know anybody was in the stall two doors down. They didn't care because they had an issue take care of in the just taking care of business they were seeking to various activities. Somebody called the police. After identifying the fax and review the statute like this they decide they need to press child charges of misdemeanor indecency of a child. This individual did nothing. But go guess maybe our societal modesty. Two belies and as the city. You don't have to be prosecuted by this for the charges to stick against your character but the bill that you're going to have to un ring if that happens to you or your loved one. But I sort of think about what what we compare this to what is something else that maybe some people in this room I look at. What if you have a concealed handgun and you go to a private business this is no weapons allowed. You might have seen the sign you may chose to ignore the sign. So when notices that you're not like the rest the customers in the store because maybe have a weapon in your pocket so they call the police you're just minding your own business two you get cut confronted by the authorities and you have to admit that you have a weapon. What a for low charge you with armed robbery. You didn't brandish your weapon you didn't talk about your weapon you didn't ask anyone to look at your weapon or stick your weapon in anyone's face or give up their ability to shop and be in peace. You're just doing what other people were doing while they're in the store. That's how I interpret the comparison to this bill. The current law regarding weapons issues allows that they would be asked to leave. They would take a report that you did this. If you did not leave or you are recurring offender on this you will be charged with trespassing not robbery because you did not rob that store. Because that's what you did. You just weren't supposed to be there. That's currently how about their laws work. If you walk in you're just not supposed to be their desk you leave you better leave if you don't harassment for years of trespass. Another issue the concern. Is made with this bill is intended to do as well as what if an adult. The as completed the process of transgender. And they fully present as the opposite sex. I may not understand why they did that I may not agree with what they did it. But it was their decision as an adult. If we tell them they have to use the restroom of their own sex. What is their defense officer I was born a woman. Thank approved by my birth certificate but the law requires that I know that even though I have the full appearance of man I must use a woman's restroom. And these minor women minor girls may be uncomfortable with the law but it requires me because if I use the men's. I maybe expose myself to indecency with a child. We just have to be mindful that if this is what the intent of our law to do. And lastly just because I dove into the twenty twenty one international building code. First time that I've seen is that they allow provisions for. Get this right because of this sale it is multi stall all sex public use bathrooms. If this now approved building code here in our state gets implemented in our cities and occupancy occurs as outlined in this bill without the need for except for the sexual indecency we may start to see a lot of citizens being indecent with children on the camera Kurds just for being president. I'll close with this I close because I appreciate the sponsor for allowing this issue to be debated. It's a change in our evolving society that should be discussed. I would like to support the bill if it further to find this behavior is trespass or harassment but I believe our law already does that. Ultimately issues like this further resolve me to be intentional with my own children and instill the values which were instilled in me in them. This includes me trying to explain why I think certain people in this world might be crazy but also explain to those to them at the same people probably think I'm crazy. And that we must see the good in humanity first or we will all be miserable. This issue along with everything else requires me me as a parent to be a sentry for their mind and body and equip them for adulthood I appreciate your attention let me address these concerns my last thought on the issue is there's there's times to be statesmen this time to be politicians and this issue requires us to be statesmen and not just look at what the what the politicians calls easy so thank you for. Anyone wishing to speak for. Anyone else wish to speak against Senator Leding you're recognized. Thank you Mr president. Just about twelve percent of the population is left handed that means that in this room statistically speaking there ought to be about four five of us for whom it is natural to use our left hand and I bring this up because over the weekend I came across a graph of the typical wild we can back on the leading residence in fatal but I came across this graph the reason was interesting was that it showed the rate of left handedness among Americans by year of birth and back around nineteen hundred the president was around four percent dipped a little bit before beginning to climb around nineteen twenty climb steadily into leveling off at about twelve percent in nineteen sixty and a lot of people who are looking at this graph for asking where did all these attended people come from wide it level off. The left handed people obviously were always there there about twelve percent of the population what happens that right handed people stop being jerks because across societies cultures religions for centuries right handed people look that left handed people with suspicion. Right of the people saw that to the people as being an alliance with the devil. At best they were an inconvenience but it worst they might be a witch this is just how it was for years and years because left handed people seemed abnormal. Finally kind of came to our senses and begin to realize this is ridiculous being left handed as normal but that didn't stop years and years of teachers striking students who are trying to write with the left hand and stop teachers at times tying students left and behind the back to force them to write with the right hand is again left handedness seems abnormal and it was wrong it was something that we should try to do away with don't be inconvenienced have come up with new desks a new kind of scissors for the students what is going to make sure that everybody is right handed. Finally realize that was ridiculous being left and that is completely normal we can't help ourselves are always has to be some kind of group that we are targeting so there then it's been a lot of them throughout history but there for awhile it came the gay community until finally kind of got over that realize being gay is normal and now it's the trans community. Because they make us uncomfortable because we see them at best as an inconvenience and at worst a threat but they are neither an inconvenience north threat. There've always been transmittal always be trans people no matter how many policies we put in place to make their lives difficult to put their lives potentially at risk and create dangerous situations situations for them they will always be here in years from now when you can think the left and the comparison is silly certainly looks that way now but that's how a lot of people years and are then look back at conversations and votes like this they're gonna wonder why on earth lawmakers spent so much of their time wrapped up on issues like this so I would echo senator Bryan's comments there times where politicians times we're states people we need to do the right thing here and that you can vote against the the law because it's poorly written or because it's just simply the wrong thing to do but I would ask that you vote no thank you. Anyone wishing to speak for anyone wish to speak against. Senator you are free to close. Thank you madam president and Believe it or not I didn't fall this bill because I want to grandstand and I'd just as soon leave the well ask for good vote not during grand standard right now but the bottom line is this bill. Is in response to the changes in Greek society is not trying to drag us back. Because there are people. Who. Have changed their gender and and done the things that we've seen recently. There are other folks. Who would like to take advantage of that situation. And pretend to be trans so that they can go in the wrong restaurant as far as part of a private property rights I mean if I have a business and I open a restroom to the public it's up to me to decide if I want to market male or female or both sex can use it whether it's a single occupancy bathroom or whether to multiple occupancy bathroom but if I own the property and I put a sign owner this is men and women I am I should be reasonably able to expect the people that use the facility to respect my wishes and separate the two genders okay. If. If my wife for my daughter. Has to be exposed and added to this I don't like that this bill only covers my grandkids folks. It doesn't solve all the issues it doesn't say that transpersonal or any person can't go into the wrong bathroom it just says if you're going to make sure that the miners have a chance to get their business done and get out. And then you can use it at all and it's a very high bar for prosecution you have to knowingly enter and remain. And knowingly. Know that there are matters president. And I just don't see this as being the bill. It stops people from going into the wrong bathroom hopefully it just limited. Two. Two. Only when children are not present and I appreciate a good vote. Madam secretary please call the roll Boyd. Brian. Caldwell. Chesterfield. Clark. Kroll. Yeah Davis. Davis. These. DISMANG. DISMANG. Dotson. English. Yes. English. Four five. Flowers. Gilmore. Hammer. Hester. Hickey. Hickey. Hello. Irvine. Blake Johnson. Mark Johnson. King. King. Leding. Love. Mickey. Mickey. Murdock. Page. Penzo. Penzo. Petty. Rice. Staff. Stubblefield. Sullivan. Tucker. Wallace. How we get on this side any senators who did not vote to wish to vote or who was injured bat Center McKee yes. Anyone else on this side. This site. Any centers which injured voter or to that who did not vote. Senator Hill is present. He's cast a ballot. By nineteen eighty seven ninety six not voting and one president. Senate bill two seventy passes. Please transmit to the House. Senate bill two ninety five. Senate. You're recognized. Madam chairman members I've been trying to get coordinated with the Speaker Shepherd this afternoon in the gallery from today we have two groups of student athletes from elder right high school we just want to recognize them Speaker Shepherd did a House amendment form down a while ago our Senate resolution down a while ago recognizing your accomplishments the first group Mr recognize Alpharetta two Wildcats for winning the two thousand twenty two class five six a Arkansas cheerleading gave a state championship and placing third at the two thousand twenty three you see a national high school cheerleading championship. The second group that we want to recognize today is L. to write a Wildcats boys a track field team for winning the two thousand twenty two five A. state track and field championship. Dalby a couple who were have to try to can you will forward we're while we're we can be controlled directly please. Madam chairman thank you so much I think we're going to convene at the front steps of the state capitol for picture right quick I mean the group is thank you so much thank you senator. Take that Senate Bill two ninety five Senate bill two ninety five by Senator Dismang to amend the Arkansas renewable energy development act of two thousand one to prevent calls shifting and ensure fairness to all right players to create the customer protections for that matter metering of customers act and declare an emergency. Senate thank you governor I think members are probably about as excited as I am to see this bill on the floor regardless of what your position may be but I would say that this bill completes a commitment that was made in two thousand nineteen in regards to that metering in our state policy I see in in two thousand nineteen senator Wallace from the bill Ford we were unsure of what direction we want to go from net metering but we knew that was either going to be to to to a billing or agreed charge we were promised Senator Irvin actually asking committee how long is it gonna take for us to get to this resurrect a resolution of this issue six months Senate Chesterfield asking it questions that same committee who does this impact what population does impact that really she was told our poor population because others with the means are the only ones able to take advantage of it then it was answered with a more complex riddle that I can even relate back to today but again we've been debating this for a while it's been at a stalemate and it's our job to set policy and I think that's what we're doing here today based on my limited experience I would also tell you that I think I have an appreciation to why there has not been a final verdict of what we're doing that policy are a net metering with the PSC it is man quite a road the last few weeks I would also say that we did reach agreements a couple different times on what was supposed to become a neutral bill those have been backtrack numerous times but I have been stand firm in my own commitment to do the right thing I think in this bill the A. E. A.. My understanding is is neutral on the bill even though I just received an email from a member that states otherwise and advocates that you vote against it I don't know how many times that I've been through that I can think of at least three but again each time I've held up my end of the bargain because I don't want it to anyone to be negatively impacted by this bill that already has a project in place that's in mid stream or whatever it may be so let's get to what's actually in the bill. Again there were three separate minutes made each time thinking that we have at eight agreed to compromise but so what the bill does it simply lays out to prospective pass for utilities to follow in regards net metering first they're able to do two way billing or eight and second degree charge to a billing works probably just as you think it would behind the meter you're able to use whatever you want to use if you produce less than you need The New by retail just like your neighbor does if you produce more than unity we are mandating by the way in this bill that that be purchased at the host cell average rate for a year what that is called inside the bill is avoidable costs and again that's the average wholesale costs for the prior twelve month period. By the way and so the questions been raised quite over and over again why use that average why not do it hourly or monthly or whatever it may be and I would say because it makes sense to me that's how the utility companies milieu on a twelve month average basis and so this is consistent for that in particular for entered she now you can make an about a difference for co ops which do use I believe that a monthly average but again I felt like this made as much sense for consistency across the state. The Greek charge would be it in the second option grid charge would be proposed in lieu of the two way billing and require approval by the PSC to be able to be implemented I'm not aware of utility that wants to do that though my understanding when the smaller smaller co ops may and so we wanted to make that provision available since that was originally part of what we didn't metering your state it also caps the project size to a five megawatt facility in such a radius for a hundred miles those are both concessions that we made for the other side in this bill and that's a hundred miles is for a solar project that is not behind the meter so you want to think about that you think about bank of the case they have a solar facility in state guard that the net meter back to power their headquarters in west little rock this bill states that a customer cannot be both an interruptible customer and a net metering customer and the reason for that is it improvise a cost shift to allow that to happen no I know some small industrials have reached out to they'd like to be able to do that I've advocated they should file their own bill if that's what they would like to do we should have a further discussion on that cost shift and the impact it would have on our residential customers. and again I don't blame them they're advocating for the bottom line for their industry that they represent and and I don't begrudge them for that. Second and the last thing it does in the bill is it provides consumer protection it allows you to any general to utilize the deceptive trade practices act to pursue those wrongdoers I can assure you that it because of this bill I've had quite a few calls about wrong doers that are in this space and so this is a ways out allows the Attorney General to become involved and I think that's a good thing one provision in that has to do with the requirement of bonding we weren't able to reach an agreement on that there was some discussion that may be that that type of financial instruments not available to a seller company I said bring me something different my understand representative fide has that honor them in and you may see a bill to update that and I remove that monitoring but we didn't want people just to be able to walk away in scam our citizens one thing I do want to speak on for just a little bit I was on the rate retroactive or not retroactively impacting anyone that has a project in mid stream may have something coming online and I would also say we want to get beyond that we said if you're an operator right now the state of Arkansas you should have some time to find kind of figure out what the New World is and so it actually prospectively helps those industries by setting the date out to nine thirty a two thousand twenty four and it's as simple as if it's utilities dragging your their feet and you're not able to get your any connection facilities will agreement all these other things up to date in in you file a complaint that complaint itself will grandfather you in inside this bill so again we wanted to make sure that we didn't impact people unjustly in this bill by changing the game midstream for someone in fact I would argue there some folks is going to help there was no can't guarantee of net metering for those that were grandfathered into the previous net metering this allows you to be grandfathered in for neat metering till twenty twenty four regardless of what the PSC action may hold and could have held in the future. One thing I want you to keep in mind what we're about to pass here does not make us an out liar I've heard that this is going to shut down the solar industry in Arkansas. It operates in many many other straight that states in a more constructive environment in this I assure you I've looked at the numbers I don't believe this will set a standard that ring that they need to retool revamp your business maybe the profits aren't as big as they have been because I'm guessing they've been pretty successful maybe Want to do rooftop solar and want to do want to participate in this environment one question I think when it's been addressed in an email you receive it was about free markets let's talk about free market. There is nothing free market about net metering. Is almost the exact opposite but you can argue we need there's utility business their monopolies government regulated monopolies that's also true. But there is nothing free market about requiring into device something. That they may not need at a location they don't need it that's net metering. So that I just I would almost wipe away all of that we can't even have a conversation about free market the free market would be to do away with net meeting many metering and I'm not advocating for that. but with that I believe that this is the appropriate method I've tried to be as fair as I can be throughout this process I just want you to hear me say that I with that we have to take any questions. Any questions for Senator Dismang. Senator flowers you're recognized for a question. Thank you. Senator Dismang. That. Mission allowed to file for the. If they could prove. Yes. Did you know that I did. I'm also very aware of the hostile environment I mean it you all you have to do is sit through one of our meetings in this in the past PSC chair in his feelings about what direction he wanted the state to go in in regards seller. Well obviously the legislature did too because they pass this economic development plan back in twenty nineteen. Now. Do you know how many utilities filed for the I do not. Would you be surprised if I told you know under the environment no ma'am I would not. Okay. Do you think it is wise to kill at the moment development program. Without requiring utilities to prove the amount. Well I would argue that costs is pretty easy for me to see. If I have to buy something at retail and sell at retail ignore the fact that I've got host I've got overhead costs everything else I'm going to lose money and at some point because this is a monopolized environment it's going to be shipped to someone else some people say that with a cost shift doesn't matter until you hit ten percent of the total network but that still exist and we do have a utility in the state I believe that thirteen percent penetration right now which means those customers are definitely paying for and can feel the impact of solar on their bills. Well I'm in my field. I don't see any increase. Of this twenty twenty S.. White males. So. I understand this. And if there is a call to. And the energy company is charging me more. For you to see. We're. Because of those to be inside your kilowatt hour in the end if your energy customer your penetration rate I think it's between two and three percent and again you're not you did that that is not enough across their entire network that you're going to see the dollar amount in your bill it doesn't mean it doesn't exist because the other thing I would say is is if we want to prop up an industry. If if we want to prop up an industry then let's be transparent about it let's someone coming file the subsidies bill for solar if that's what you want to do. I will stand right here not Senate vote for it but I would encourage you to but we should not be hiding the subsidy inside someone else's bill structure which is what what we're doing right now that is net metering this will still maintain. A very proactive policy in the scheme of things especially look at our surrounding states other states have net metering that is cap the amount that's required to be bought by the utility company. Or others others don't allow for a five megawatt facility they lower it down as a one megawatt threshold so that the the feeling isn't so great but again if if you want to advance in and seller I this is not a debate on solar. I'm not gonna do it out of audit mon can or who ever can argue that is going to help and we're clear cut and and eliminating feels I don't care about all that that's not my game. What this is about is about ratepayers in being fair across the board to the folks that do not earn and are not able to afford solar. Any other questions Senator paid. Thank you Mr president so if you will indulge me I want to kind of talk about this government regulated monopoly for just a minute the way the way I understand it is. We set limits on how much the the big energy companies to make profit wise we also set their rates that they can charge their customers is that in the broad sense we guarantee they do not fail because energy. And so if they are being forced to purchase. Something that maybe they don't use they don't need that's a cost that is on our bill because as a cost recovery or or somewhere in you're going to feel that somewhere in your I don't know I don't know exactly where but but but that the factor of whether or not that is Pass along to their shareholders as a profit for passed along to the consumers the user but but that cost the matter what that cost is is part of their profit structures part of their rate structure is that right. And so yes. There by that wholesale. Persons retail than those costs are going to go down correct. ACT. Therefore that would mean potentially the cost for lowering the rates could be lower but you can buy something at wholesale from a you're forced by from a sell it be mean wholesale wholesale. So when I heard to say a couple of times maybe not today but that the the The rate the. Saturation for the of the market or whatever I'm not sure exactly which basically that medic ten percent penetration yeah. when we get above that with the cost shift actually occur that's when you feel it that's when a minute the cost shift is occurring but if any gets to the a more material amount at that point it becomes a bigger yeah but before then we don't know. Probably because they haven't been asked to produce it we all know that ten percent penetration they're still able to utilize all of it or if there's a fifty percent waste or twenty percent waste or or a zero percent waste when the way that understanding she's gonna get dumped somewhere right I mean so there you're in you never know how much you gonna get under the solar arrays in you don't know if you're going to get on the days that you have to have all. I mean it it's an unknown and again this bill doesn't change the fact that we're requiring it to be purchased by the utility bill still does that again that's not free market I I mean someone else as a different bill they'd like to file but was my point to decimate the solar industry my point was to make it fair more fair for other ratepayers so my question is this it. The purchase the director retail or wholesale goes into the cost which is factored into the rates and and and everything they have to get approved right yes see and and whether or not there's at a cost shift at ten percent or below ten percent or above ten percent it still factor into the cost that's right of the of the consumer and that consumers currently have one your grandfather then correct okay. Any other questions. Senator Stubblefield. Thank you. Senator Dismang you did say this does this bill that's created cost here. He tries to eliminate the cost shift there is definitely a cost shift that's occurring right now this is made to lessen it okay and I I mean I think when you're able to buy wholesale required about sale I mean at least you're not paying more than you otherwise would for that product energy the culture doesn't exist today it does exist today the bill the purpose of the bill is to help eliminate the cost shift that exist today under the current net metering structure that's been allowed to exist since two thousand nineteen despite the commitment that we're going to resolve the issue with a great charger to a billing two thousand nineteen. Thank. Will this bill right right right. What you have to all utility because they have the right to ask for an increase if there is a cost shift they would have to do not demonstrate a cost shift in the PSC would have to approve that. One more question. Willisville that the largest entities interstate entities interstate closing hospitals. Now. Now the hospital. I don't under I don't know that you have several hospitals that are interruptible customers. Moving forward I do to be mental what they're wanting to do some not some hospitals many hospitals have been interrupted will service obviously because of the power goes down they still going to have power right and so they're set up for that this would not allow them to go mingle interruptible service with solar it in the net metering customer. Very. But not very often. Well now it happens quite often they have to kick that on during peak times at the request the utility and just so we understand an interruptible services you're given a preferred rate because you can turn your power on in in this by the way prohibits no entity from putting up all the seller they want to and using it themselves this is not prohibit that this is about net metering if you're going to for someone to buy them we have a whole different conversation about solar. You know we we passed a bill similar to this back when I was in the house on that bill and it was said you know if you provide. Energy is the. Electric companies will buy that back certain. What what happened to that I think that that was change in tune two thousand nineteen bill whatever compromise which was to allow the car public because public service commission to look at either doing to a billing or great charge. So the public service commission checks shall now process no there was posed by the chairman of the public service commission at the time not to Senator Hester was adamantly opposed to the bill as originally filed in two thousand nineteen there were sure Ince's may not just to him but many of us that were in the chamber that time that we were going to fix this we're going to fix it by date in six months according to testimony to Centerville met no one thought at least most people didn't think I will tell you and so companies are putting it out at the time did not think net metering was going to stand on sound and here we are today. I thought. Any other questions. Senate. Sanders let well anyone wish to speak against Senator flowers. Nice to speak against. Members. I have tried to become familiar with this issue in this bill. Because I've gotten so many emails from constituents. And maybe you all have to. But. Rightfully so. When you talk about you utility bill that should be a concern everybody it's a concern to me. Always watch my utility bills. With the weather changing. You know you're a gala electric in your house. It gets cold in the winter. You turning up the heat It is costing you more money. I won't even try to get into climate change and all that stuff that we got the email to that showed House solar. Was helping to alleviate our could help to alleviate some of the problems that we have with climate change. But I'm trying to talk more about. Economic Development. Now I don't know where they're senator Wallace company and then Senator Hester back in twenty nineteen you all are the sponsors of this that bill. of twenty nineteen that created this economic development program that this bill Senate. Bill two ninety five scraps. After a certain date they let the projects that are on the table right now. Move forward there's a cut off. Okay so I. Then curious had to figure out what it is about. The back there in that twenty nineteen million United twenty yeah in that meeting where this. Bill. Was debated and ultimately. Passed into law. There was a commitment to by the utilities. That they would submit evidence of a cost shift. To the PSC. To have a great feat. And it never happened. So anyway curious as I am. Always trying to figure out some. So I ran across this case. All Petty Jean electric coop Corporation verses the Arkansas Public Service Commission. And it deals with the issue that this bill is presenting to us to decide. It was decided may eleventh twenty twenty two. Just last year not even a whole year. Now. It's a twenty one page opinion. The in the lawyer that I am you know I try to get through stuff least opinion. And this is quite technical stuff we talk about net metering I got to figure out what is net metering and the court discusses it. On page five of the twenty one page opinion. They start the court this is the court of appeals of Arkansas. They give the legislative and procedural history. They talk about net metering. And I'm not going to go through that. But. Those Jonathan did explain that. I thank. But I can read it anyway maybe you all can understand a little bit I don't know if you got any. Technical people in here or not but I'll just read that part. A. Well no I won't I'll go to be. It starts. Under the. Heading of a read. That's the Arkansas renewable energy development act. That was done in two thousand one. I read that part of the opinion. Like many states Arkansas has addressed this debate through legislation. In two thousand one. But I think Senator Stubblefield was referring back to the time when he was in the house when all this stuff about renewable energy was coming up. The General Assembly passed or enacted in two thousand one the Arkansas renewable energy development act called a Rita eight R. E. D. eight. In passing a Rita. The General Assembly made some key Legislative findings. It found that increasing the consumption of renewable resources one. Promotes the wise use of Arkansas's natural energy resources. Two. It increases Arkansas's use of indigenous energy fuels while reducing dependence on imported fossil fuels. Three. It fosters investments in emerging renewable technologies to stimulate economic development and job creation in the state for. Reduces environmental stresses from energy production. And five. Provides greater Consumer choices. The General Assembly further found that net energy metering encourages the use of renewable energies resources and renewable energy technologies by reducing utility interconnection. An administrative costs for small consumers of electricity. And that net metering would help. To attract. Energy technology manufacturers to provide a foothold for these technologies in the Arkansas economy. And to make it easier for Arkansas for customer access to these technologies. So. This is. For purposes of this opinion. The read a. Set the framework for net metering within the state of Arkansas. First it defined a net metering facility as a facility for the production. Of electrical energy that uses solar. We and hydroelectric geothermal our biomass resources to generate electricity. And has a generating capacity of not more than twenty five kilowatts for residential I one hundred kilowatts for commercial agricultural use. Second. For any net metering facility at or below the statutory generating capacities. The a reduction of I did that electric utilities shall allow. Those facilities to be inter connected to the grid using a standard meter capable of registering the flow of electricity in two directions. Third the a reduction allowed net metering facilities above the statutory generating capacities to be interconnected to the greeted. With the approval of the Commission. Finally the arena also required the commission to. Establish appropriate rates terms and conditions for net metering contracts. Including a requirement. That metering equipment be installed to both accurately measure the electricity supplied by the electric utility to each net metering customer. And also to accurately measure the electricity generated by each net metering customer that is fed back. To the electric utility over the applicable billing period. So in response to the requirements of the arena. The commission promulgated its net metering rules in two thousand two. In two thousand four. In no in next meeting rule two point four. The commission instituted a rate structure directing that net metering customers would be credited. For excess energy. At the same rate that they paid for the great power that they consume now mind you this is in two thousand two. Now. Net metering rules section to rule two point four two point oh four. That's where I was is reading from but it's from the opinion. This rate structure is commonly call one two one compensation by the commission. And is commonly called the full retail rate. By the Arkansas electric cooperative. Then. I move on. To the next time the legislature act did. At two eighty seven of twenty fifteen. That year. The General Assembly amended the a reader in at eight two seven of twenty seventeen. And address the issue of cost shifting. Generally. The General Assembly required the commission to establish a net metering rate structure that accounted for both the cost of providing service. And the cost saving benefits of using renewable energy. Specifically. This act eight two seven of twenty fifteen. Provided that the Arkansas Public Service Commission. Must establish net metering rates that included a requirement that the rates charged to each net metering customer. Recover the electric utilities entire cost of providing service. To each net metering customer. And provided that those cost could include any quantifiable additional cost associated with the net metering customers use of the capacity distribution system are the transmission system. But net of any quantifiable benefits associated with the interconnection with in providing service to the net metering customer. In light of the new provisions the this is the opinion of our court of appeals. In a tweet at twenty seven. The commission began to revise the net metering rules. In a new rule making docket. In phase two of this docket. The commission focused on rate structure to determine how much credit a net metering customer receives for net excess generation fed back to the electric utility. In proceedings before the commission. This is all too after twenty fifteen. Eighty six C.. Which is that. Arkansas electric energy consumers. Company. That Senator Dismang referred to in the opening. And other electric utilities. Argued that at eighty two seven mandated that the commission discontinue one to one compensation for net metering customers and adopt a rate structure that included a colluded to talent channel billing. In which net metering customers were credited for an amount that was equal to the electric utilities avoided cost. Alternatively. The electric utilities argued that net metering customers could pay their share. Of maintaining the grit through a monthly greeted charge. Okay. Now. That was twenty fifteen that ACT twenty eight to seven. And I just read the rest of that part of this opinion before I get into ACT four six four of twenty nineteen that we are trying basically to repeal. Says proponents of net metering disagree. They contend that. That act eight two seven left the commission with the discretion to retain one to one compensation and argue that the long term benefits of renewable energy warranted doing so. They further argue that the low percentage of net metering facilities in Arkansas called the penetration rate that senator Patty talked about. Prevented an accurate assessment of the cost and benefits of net metering. Consequently. They recommended that the existing rate structure with one to one compensation should remain. Before the commission could issue a final order setting a rate structure pursuant to act eight two seven of twenty fifteen. The General Assembly. Amended the at a read a again. So that leads us to twenty nineteen at four six four would senator Wallace was the lead sponsor as well as. Senator Hester was a co sponsor. Says in twenty nineteen the General Assembly again amended to read up. In at four six four. For the purpose of the issues raised in this appeal ACT four six four has for significant components. First the clarified that the commission has that do have the discretion. Correct retain one to one compensation for smaller net metering facility second. Act four six four allow the commission to adopt alternative or additional rate structures for those facilities including two channel billing. Our grit charges. Provided that they need conflicted with the public interest not resulted in on reasonable cost shifting. There's that word cost shifting again. That has not been substantiated it has been no evidence presented. To the PSC the public service commission. Of any cost shifting. You can save a company can say. I've that I've got cost shifting. Prove it where is it. They didn't produce any data the PSC. Even though they were allowed. And. I'll let you all read the rest of the opinion all twenty one pages. But my point is this. Yes. Is better equipped to deal with this issue then we are. Now if you say that you understood everything I just read from this opinion just raise your hand. Only Senator Ballinger. We are ill equipped. And. I depend on the PSC. They are the technical people. We are not. I don't want my rates going up and I want economic development to continue in the state of Arkansas. Now one thing I do know. That sense twenty nineteen there have been more facilities. Establishing creating install and I don't know what word to use but more solar energy is in our state. Now you referred to senator Chesterfield say and it GF was is gonna help poor people well I can tell you this. I've seen all these big. things of solar panels. At the county courthouse down there Jefferson County I've seen that the University of Arkansas pine bluff I've seen a lot of different places. And I think all of them have done that to save cost. For energy. Hospitals schools. Some of them don't have a plan in the works that'll meet the deadline that's in this bill. We need to continue economic development in the state of Arkansas. Why should we let an electric company put up solar. And then charge us more. Get in. But not. Anyone wish to speak for an urban you're recognized. Members I'm not here to participate in any charade I am here to tell you. That we depend on the PSC we depended on the PSC four years ago in twenty nineteen we have legislation in front of us on the insurance and commerce commission where it was admitted to undeniably by the PSC chairman that there is a cost shifting issue that is occurring to poor people. My neighbors that lived down the road in a log cabin in Stone County do not need to subsidize big solar projects. They don't need to do that that is exactly what this bill addresses and hi FOR one will not sit here and tell you that four years ago when we were made promises and assurances and given a time line of six months that they were going to address it and they never did address it. No that is why we're here today that is a simple simple basis for this bill right here why we're here today he was admitted it was undeniable there was absolutely a cost shift for the infrastructure and the Griffey and the maintenance and the infrastructure upkeep by all of our utility companies that was going to be a windfall to the solar projects and don't think for a second that there isn't a ton of money at stake here yeah there is. But we need to be consistent we need to be fair we are the policy makers in this building we need to set that parameter and when somebody sits at the end of the committee table and look and tells us one thing and doesn't do it then that's what you get here today it is not stepping up and being a responsible policy makers that we are that Senator Dismang is to address the situation and to solve that problem. And to create a scenario where the poor people in the state of Arkansas are subsidizing the big money makers on solar I would appreciate a yes vote on this bill. Anyone wish to speak against Senator Mark Johnson you're recognized. Thank you. A first let me speak to sponsor the bill Senate dismaying someone who I greatly respect the special anything to do with technicalities and numbers when we have anything come up about budgets I take his word as gospel. And so I feel like I'm stepping up here like I'm entering a three point shooting contest against Stephan curry. It was over Senator I'll still listen to your. Technical explanations because I know we still got to get through RSA and a few of the things. But I want to talk to you about. Our state historically and where we've been. and the road not taken you know proverbs twenty nine eighteen says where there's no vision the people perish. And we've done a great job and I hope later today we're going to take care of one of those problems in some extent and that's education but I wanna take you back to the nineteen thirties when Arkansas was truly what we could call dirt poor. And it was people all over the state except for a few places people of all colors and all creeds a we were just the poor state I mean we defaulted on our debt we just had lots of problems. President Roosevelt was trying to pull the country out of the depression and he was creating some public sector jobs and he came up for an idea of for A project any offered it to Arkansas senator Joseph Taylor Robinson. And center Robinson said not no thank you Mr president we we don't want that Arkansas. instead he took it over to Tennessee that was the Tennessee Valley Authority. And they brought with them. Inexpensive energy all kinds of economic development a lot of people may not realize why is why was the Oak Ridge national laboratory in Tennessee one that have to the Manhattan Project because all those centrifuges that were refining that uranium that went into the first two atomic bombs were running off of energy generated by TVA. All those jobs went to Tennessee maybe the Oak Ridge national laboratory could have been in Arkansas but that's because lack of vision. In the nineteen seventies a little company start out here at the little rock airport call federal express some you may have heard of it I met this gentleman named Fred Smith one time I just want to introduce myself as set high mark Johnson he said I'm for its with so we do for any so I have a company called federal express. He told me a little bit about what they did. now because of the lack of vision. On the part of the Little Rock city fathers federal express has moved to Memphis over thirty thousand people work for federal express in that area. Now let's move up to the nineteen eighties. A sum you younger members may not remember this some of you closer my age will it was a thing called the grand Gulf nuclear power plant. That's a nuclear power plant in Mississippi not Arkansas ten Mississippi. I want to read a quote specifically this came out of the encyclopedia of Arkansas it said. Between nineteen eighty five and twenty twelve customers of Entergy Arkansas and its predecessor Arkansas power and light company had to pay four point five billion dollars about sixty five hundred dollars per customer to operate the plant in Mississippi and subsidize Louisiana ratepayers. No vision that's where we work. Four years ago. Senator Wallace worked on this issue. I think part of his gray hair came from working on that issue but he worked hard on it. And I didn't know what to think I was on insurance and commerce to time and I wanted to know what to do and and I Cruciatus forty was doing and so I left a message with the in a public service commission chairman Ted Thomas who I had respected for years a former Republican house member a very smart guy very level headed guy not some leftists solar greeny zero net zero of fruit cake. Practical guy who understood what to do was a great regulator and I said ten would you call me this weekend and tell me what this is all about. And he did. And he described to me that they're good and bad. In alternative energy systems but he always tried to measure what we're doing one thing one. Would it lower the cost to consumers and to would you prefer help open free markets and competition because he truly believes that. Competition help lower prices and helped individual people and help individual businesses. So that's where. I came on this so I supported the bill and I find ourselves four years later back where it looks like we're going to roll this back and. We're going back to the good old days just like we were in the eighties with grand golf that what's good for utility companies going to be good for the whole state I want to quote something this is the this is related to the current bill. A the they call this they're they're trying to avoid cost shifting. After hearing all sides the public service commission ruled in several cases there's not a cost shift and commercial and industrial customers renewable energy projects that would be cut back or eliminated by this bill actually reduce costs for non net metering customers the title does not accurately describe. The underlying bill now I want to go back to something I all y'all of all gotten emails I got an email just today actually from an executive with Georgia Pacific. A major major industry in our state and Gentleman I think makes a very good point. He said. We don't believe the legislature should impose artificial limits on how many kilowatts are produced which is bill does. And we don't believe the state should impose other barriers to participate in net metering in favor of the regulated monopolies now that's where we are where's the vision. The vision would be to stick with what we've got can we change in the future I've talked to several people advocating this bill isn't I would not be opposed in two or four years to adjusting the formula on this but we have had such tremendous progress made I was over at the have producers by rice a council's lunch today talking with a gentleman from producers rice mill they're putting this in you know when when you have solar. Going into the greeted. And when you have. That is not free but it's the cheapest and most expensive energy than that keeps the regulated utilities at certain times like the hot days of the summer from going to the more expensive alternatives to shave their peak Koss was that's what you're really talking about the peak costs not your baseline cost. And this system works it diversifies the where the power comes from it's not just one or two sources that are providing it gives us a diverse base and we're just about to kill at goose if we pass this bill so I'm for you not to say we're just going to keep status quo not we're not we will have to have to work on this morning future but I'm for you to defeat this bill today. And we'll go back in two years or four years and will adjusted again as some of these projects have come to fruition they can be properly analyzed and we can see how they do or maybe they don't in some cases help make Arkansas competitive with our neighbors and with the world. We should vote of no thank you madam president. Thank you senator anyone else wish to speak for or against. Senator Dismang you're pretty close. Thank you members when we debated this in two thousand nineteen I went back and watched the testimony and I think Senator Wallace would agree we debated whether not we should capitalize the word the letter C. in commission more than we debated the merits of the bill. I think we've had a good robust a conversation on this each issue you have had a ton of feedback and interaction and I try to help answer questions about as I can along the way just some clarification evidence of cost shift has been submitted to BSE it just hasn't been taken and acted on by the PSC. And I had that same conversation I had a conversation later were we with Georgia Pacific one of the biggest issues is free market and setting rates. One thing we did talk about was the fact that there's nothing free market about forcing someone to buy something that they do not need in a location they don't need it we agreed on that. One thing I do want to set the former lieutenant governor bill halter today one thing I do want to thank him for being a part of the compromise that we able to reach on the house in that was implemented into this bill I appreciate him being here today I assume to in his non opposition to the bill. Members again I I've I appreciate all the indulgence in and all the time that you've given to this in the feedback and the criticism and whatever it may be but I believe that we have an obligation to set policy we only get to do that every two years I think that this policy is the right policy and I would appreciate your vote yes on the bill thank you. The thank you senator has closed madam secretary please call the roll. We have a pair at the desk. Senator Blake Johnson yes Senator Alan Clark no. What. Brandt. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark is not a Kroll yeah. Davis. These. DISMANG. Dotson. Dotson. English. Flippo. Flowers. Gilmore. Gilmore. Hammer. Hester Hickey. Health. Health. Irvine. Blake Johnson is yes mark Johnson. King. Leding. Love. Love. The key. Mickey. Murdock. Murdock. Payton. Penzo is. Padding. Rice. Staffan. Stubblefield. Stubblefield. Sullivan. Tucker. Wallace. I'll start on the side senators who wish to vote to didn't vote or wish to change about the on front row center Chesterfield is I know second row center Dotson is a yes. Senator McKee is present. Senator love at present. Senator Murdock president Senator Gilmore yes anyone else on this side. Is that Senator Hill yes. Anyone else. Enter Stubblefield yes Senator Murdock. Is no. Senate he is yes please check the board. Please cast a ballot. By a vote twenty four KA nine name and one president. As the two ninety five the bill an emergency clause pass please transmit to the House Senator Hester you're recognized. Hey members what I'm going to ask Is after SB two ninety four which is the concurring the amendment on the learns Act I would ask that we move the rest the House bills to tomorrow but I'm gonna give you all some time because if there's a House bill after two ninety four that someone really needs her just come let me know so in a minute once SB two ninety fourth overall last to move the rest agent until tomorrow. Ninety seven. Senate bill two ninety seven by Senator Dismang. To amend the Arkansas underground facilities damage prevention act and declare an emergency. Thank you members what this bill does just sets up a process for there are a one one calls or reducing because we're in a weird situation right now where we've had a number of instances at some point the feds are going to get involved in this is try to get that off he just lays out violations for each step for you know one hit to hit three add on as far as you know you're digging into that that's in general what the bill does appreciate a good vote. Are there any questions. Sing number a member like to speak for against the bill. Seeing none Senator Dismang is closed. The objections to ruling of a. Seeing none madam secretary please role of a Boyd Bragg Caldwell Chesterfield Clark Kroll Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stem Stubblefield Sullivan Tucker Wallace. What any member like to both that has not or change their vote. Senior Madam Secretary please cast a ballot. By a vote of thirty three As and zero nays the bill is passed emergency clause. adopted these transmitted to the house. Senate bill three twenty two by Senator Irvin to amend the duties of the state board of barber examiners and the administration of state barber laws serving you're recognized members this bill we worked with the department of labor on in the barbers and it's their bill as a clean up bill and create some definitions but mainly just cleans up some language for them and happy to answer any questions are there any questions. Seeing none would any members like to speak for or against the bill. Seeing none serving you're recognized close I'm close Preciado barbers and their association for their work. Centers close for the bill is there any objection rolling their vote. Seeing none madam secretary please role of a Boyd Bryant Caldwell Chesterfield Clark Crowell 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 stone Stubblefield Sullivan Tucker Wallace. Would you ever like to vote that has not or change their vote. Seeing none madam secretary please cast up the ballot. By a vote of thirty three a zero Mays the bill is passed transmit to the House. Senate bill three forty one by Senator Boeing. To amend the commercial driver alcohol and drug testing act to comply with federal motor carrier safety administration regulations. Senator boy you're recognized. Thank you Mr president this bill updates twenty seven dash twenty three does still want to be in compliance with federal motor carrier safety administration's requirements for the commercial driver's license drug and alcohol clearinghouse the federal clearinghouse will replace the current database this update must be in place by November eighteenth two thousand twenty four when the new federal clearinghouse goes into effect. Are there any questions. Senator John Payton you're recognized for a question. Thank you of. For a while. Placed or what's what have we we will lose highway funding. Okay thank you. Are there other questions. Singam several you're recognized closed I appreciate a good vote thank you. Senator boy is closed are there any objections to. Rolling of a. Cinematic secretary please role of a Boeing Bryant Caldwell Chesterfield Clark Kroll Davis D. east DISMANG Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding a lot of the key Murdock Payton Penzo Petty rice stone Stubblefield Sullivan Tucker Wallace. Would any member like the voter has not or change their vote. Senator Payton president. Any other member. Senior Madam Secretary please cast up the ballot. By a vote of thirty two yeas zero may someone present the bill has passed transmitted the House. Senate bill three forty four by Senator Hammer to require posting of a written notice that attacking a healthcare professional is a felony and to allow healthcare professional to use a work address when reporting certain offenses Senator Hammer you're recognized. Thank you Mr chairman on average to nurses and healthcare professionals are attacked every our nation wide and this is just a trend that continues to increase what is it we regarded nurses and other healthcare professionals as hero during the time of COVID we find that they're constantly coming under attack will make himself available to help the most needy in our population the president to our various medical facilities and conditions that made medical treatment unfortunately there are those the president that also have tendencies to be violent nature that are attacking our health care professionals especially our nurses that are on the front line in these medical facilities what this bill does is require that medical facilities post so that all entering the facilities will see that if they attack or nurse another health care professional that they could be charged with a felony as prescribed in law one of the things that the bill does that is critical is that allows for those that would file a report to be able to use the facility where they work listed as the address instead of their home address in research we find that many people are afraid to file a report against somebody because it was required for them to list their home address and unfortunately there been does have been stocked in otherwise because they filed a report that had their home address and the perpetrator would fall into the residence so this bill will allow for them to be able to listen to facility where they work and what we hope to see is that people will be aware of the fact that if they commit a violent factions against a nurse or other healthcare professionals that they will be held to the highest account bill to the law be able to be charged with a felony and with that I'll be glad to take any questions. Any questions for Senator Hammer. Anyone wish to speak against a four. Senator has closed. Luxation major I'd like to thank all the of various medical associations Medical Society hospital association the nursing home industrial folks to work together on this bill because we all want our health care professionals to be safer feel safe when they show up for work so thank you for the collaborative effort of all the people involved create a good vote. Senator is closed any objection to rolling the vote. Committee secretary please from the vote Boyd Brown Caldwell Chesterfield Clark Crowell Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love Me key Murdock Payton Penzo Petty rice some Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote. Senator flowers president. Anyone else please cast a ballot. But the thirty two yeah eight zero may and one present Senate bill three forty four passes please transmit to the House. Senate bill two ninety four amendment one Amendment one Senate bill two ninety four. Senator Davis you're recognized. Thank you madam president. Members as promised we made an amendment on the house and with the House and most of its technical corrections clean up but three things that I would like to point out and of notice the first one is that we clarified and employees right to notice of a recommendation for termination from the public school district superintendent and an opportunity for a hearing before the public school district board of directors concerning an employee's recommendation for termination we also made clear that school safety plans could be discussed in executive session and they are not subject to FOIA we also clarified language that a school district shall adopt a salary schedule and with that I'm happy to take any questions. Questions for Senator Davis Senator Tucker thank recognized for a question thank you action about this but I didn't think of it on the notice of the termination is that just for the termination or that applied to the renewal time also. That's for the notice of termination okay but that doesn't apply to renewals correct thank you he. Any other questions for Senator Davis. Senator Murdock you're recognized for a question. Yes relevant to the salary schedule without. Yes we give them more information on what happens in individual districts that are not able to absorb the differences that will. Would would. The bottom. What we have internal problems call the school district with the with this. So all the races are being paid for by the state in perpetuity so everything getting teachers that to the minimum fifty thousand and the two thousand dollar raise is paid for by the state separately we continue to increase funding and the adequacy fine which is where school districts typically are spending and are using that money for step increases so I don't see where there's a problem for schools to be able to continue to pay for step increases just like they've always done in the past and so every two years were increasing money an advocacy in the teacher's salary line item which we will continue to do and we have in the bill that they have to spend at least eighty percent of the money they receive on for teacher salaries on teacher salaries they can apply for a waiver so that process we want to ensure that we were not that districts and fiscal distress so they can apply for a waiver but we also put that they have to post on their school district's website how much money they're spending on teacher salaries in regards to what the state is actually sending them so we think that's an important layer in transparency in that process so that teachers and personnel know what school districts are spending on them versus what the state is sending through adequacy so that's how it's addresses through adequacy which will continue to do and in terms of increasing funding so that school districts can continue to provide step increases in their salary schedules one probably. Go ahead. This is a. Five dollars. More on. The dollars more to. The reason why bill calendar and the. Okay dollars what would be the use of. Because of the area. That are they. All. So by. Make sure that eighty percent of our phone calls from some short area so. Some flexibility and also most powerful sometimes they have the restricted. Well I can't dissipate with the federal government will do but that's why we put that waiver process in there so while we say schools need to spend eighty percent of that money on teacher salaries we put in a waiver process to ensure that we would be tying the hands of districts and putting anyone in fiscal distress the key to that was the transparency portion ensuring that they put it on their school district website so that there's another level of transparency for teachers to see what districts are spending on salaries versus what the state is sending them. The Bill pass. Those would not. There are some. Now with the state and the state is set for. So that meeting I don't. That but I was told that there may be some more flexibility to give. More shall satisfy some. I see what you're saying thank you for that clarification I'm happy to continue that conversation with you and secretary leave and people the department of ed thank you. Any other questions for the senator Davis. Senator Mark Johnson for questions. Thank you madam president Senator Davis first five good job of course I appreciate you so much I received a letter from a a charter school. Principal superintendent whatever they call themselves in my district he was concerned about the similar thing what Senator Murdock was talking about on the eighty percent shall. Is there some short to medium term flexibility in the rulemaking process that specially would take into consideration the unique situations of of some of the charters that are frankly getting this. You know what they're all getting it later but they have more limited sources of revenue and and a short time line to deal with it is that something that can be addressed with some waivers or some variations in the rulemaking process yes that's why we have the waiver in there to insure to insure that. Okay yes thank you ma'am thank you. With any other questions. One wish to speak against a four. Amendment. Senator has closed. And on the west coast. This is for The Amendment apologize. Okay for the okay to concur in the amendment thank you. And members and as I as I have said before I feel like a broken record a little bit over the last two weeks but I just want to state again that hundreds of people and thousands of hours went into writing this bill. This is the most collaborative and comprehensive process that I've been part As and this is just the beginning of the work the Department of that will now begin to put together working groups made up of educators all over our state to develop the rules to ensure the success of not just this bill but the success of the current generation moving through our school system to ensure the success of future generations to ensure the success of Arkansas. As state leaders sometimes our work is hard and uncomfortable but we are up to the challenge. This isn't an us versus them red versus blue teachers versus the legislature this is all of us working together and rooting for the success of our children. It's all hands on deck and we all have a part to play. As I quoted in my closing statement in the Senate Education Committee two weeks ago Robert Kennedy's words from nineteen sixty four still ring true today. The hardest task is to appoint men and women with power and willingness to look at our difficulties dissect them. Criticize areas of short coming and make meaningful suggestions. Sometimes it is hard to accept that sort of recommendation it can carry with the announced or implied criticism of programs that have failed us in the past. Progress is a nice word that we like to use but change is its motivator and change has its enemies. The willingness to confront that change will determine how much we will really do for our youth and how truly meaningful our efforts will be. The test will not be how elaborate we make our proposals for new programs and funds but how well these programs affect the inadequacies of old how willing we are to change the old. We are called to fight for our kids we are called to fight for our teachers to support them in that crucial. Senator love the Senator Davis is closing in on the bill or assisted in on them in. Follows. On the. Amendment and then we will voice vote The Amendment and then we will vote after reading of the bill if the amendment passes okay that's what I'm trying to get the. And I stated before I ask the senator to oppose I apologize that is not clear. Or call the fight for teachers to support them in the crucial and challenging work they step into and do with grace and compassion every day. We are called to empower families to have the freedom to make the best decisions for their kids. We are called to fight the inadequacies of old. And that's exactly what Senate bill two ninety four does with the amendment as concurred hopefully soon thank you members I close. Senator has closed to all those in favor. The. Two can current house amendment please signify by saying aye. Any opposed. Is haven't. Amendment is adopted we will now. Senate bill two ninety four by Senator Davis to create the alarms Act to amend various provisions of the Arkansas Code as they relate to early childhood through grade twelve education in the state of Arkansas and declare an emergency. Senator Davis. You're recognized thank you so much members we now understand that complete bill with the amendment concurred the changes we made and and I ask for a good vote thank you. Anyone wish to speak against. Anyone wish to speak for. Senator Irvin you're recognized. Thank you members I do think it's important not to just address just this body of the senators but also to address the people in the State of Arkansas that are in our districts are watching has today and that's why I'm here making these comments for this bill for two years I was part of the Senate Education Committee and share that with a group of senators that did a lot of hard work. On the adequacy study for two years we heard that there was a teacher shortage crisis. There was a teacher shortage crisis this policy is in direct response direct response. Which was the teacher's number one priority that we heard for for two years how is it a direct response because you're raising the base minimum you're trying to more to the profession you have the state teacher education program with loan forgiveness and critical shortage areas that's exactly what we heard over and over and over again for the past two years number one priority also said that created the teacher academy scholarship program I want to speak about veteran teachers what is there for veteran teachers beyond the two thousand dollar rates there's a teacher equalization fund that goes from twenty five million to over sixty two million that schools that had typically have less dollars are going to be able to utilize for those veteran teachers in addition there's a merit teacher incentive fund that veteran teachers most likely are going to be the beneficiaries of that plus this legislature put in over hundreds of millions of dollars into the health benefit plan for our public school employees to keep premiums flat that's a huge bonus if you don't have to raise your premiums and pay for that also this body acts every single session to secure the retirement pension plans for our public school employees and our state employees that is a huge benefit that nobody is discussing I want to speak about the science of reading there's so many senators and here on a bipartisan level that's done an incredible job on the science of reading and making sure that our policy follows the science of reading and not to delay it that's what this bill does it does not delay it it make sure that all curriculum is aligned and follows the science of reading why is that important because kids with dyslexia have learning difficulties disabilities literacy coaches tutoring all the intervention is intensive intervention and I want to talk to you have had some tough conversations a super and. It's and teachers around the state that think it's unfair to retain a third grader. I want to say that again I think it's unfair to retain a third grader who cannot read however we know people retain third graders all the time to get an athletic competition advantage when they get older it happens. But I think it's a greater travesty when you don't want to hold a child back you cannot read and then you're just creating problems for that fourth grade fifth grade sixth grade seventh grade eighth grade ninth grade teacher. Because that child is further behind in their class and everybody else that's not right that's not fair it's not fair to that student it's not fair that family it's not fair to those teachers it creates more further for them to be behind school safety talk about that suicides and mental health and crisis response training was the number one concern that was told to me by my superintendents and teachers that I'm not with last year and the year before they wanted to that was our number one concern that's what this bill does it addresses that. It's planning for your community it's making sure that your law enforcement officers and agencies are engaged in the process medical response training is so critically important it provides that for your staff and finally I want to say two things adequacy recommendations are on going we are messing the house in the Senate recommendations those just don't go away that work that we did as a body for two years doesn't just go away it is considered it is historically factored in we've historically factored the raises and those increases by using the CPI those are line items for classified employees are raised by two dollars in that line item for classified employees it's part of the recommendation and you don't have to just trust us you can go back and look at our public record on this. Finally I think it's just really important for us to understand that we've had a difficult and tough road I think I'm bringing change just like Senator Davis said you've done a great job thank you for the collaborative efforts she's done a great job and I want to read this because I want to close with this. I've had tough conversations the superintendent's that's why I'm speaking here today. Nobody I'm not changing anybody's mind on the vote that's not my purpose here my purpose is to let the people of Arkansas understand the work the tremendous amount of work we have all done for years and this issue but a public school teacher of a friend of mine he's been a career coach a literacy interventionist an elementary teacher and a high school teacher she sent me this text message this morning and I want to read it to you because these words are impactful and I want to thank you from the bottom my heart for sending these words of encouragement she said I know it's been a hard road no one knows the future we can only be faithful to what we feel is right and what we're called to do I'm thankful for people who are still willing to do hard things toward that effort you've always been one of those people and I know you're surrounded by many down there who marched to the same drum I'm thankful for each one of you. I wanted to share those words of encouragement with all of you and I am grateful to her for sending me that this morning and this is a good bill and I'm proud to vote yes for it. The center Chesterfield you're recognized to speak against. Thank you madam chair ladies and gentleman the Senate I will not be loquacious in my in my remarks. The effort to make the bill better has worked it is a better deal than it was before. They're still elements of it that I cannot support. But I want to thank senator Davis I want to thank the governor for listening to me and inserting some of the things that I think are important. But I believe the discretion is the better part of valor into beat something to death is unnecessary so I'm going to vote no I know you're not but I want to say that thank you so much. The. Anyone else wish to speak for or against. Senator love you're recognized to speak against. Thank you Mr president. Colleagues I would be remiss if I didn't stand up your. You know. First of all I do one is saying there are a lot of good elements in this bill. Teachers raises. Parts in regards mental health in reading. But I would say this. The best predictor. A future behavior is past behavior. No what do I mean by that. This is what I mean. Using the options for school choice is nothing new. We saw this. When brown B. the board of education was an act. Thatcher's reviews. We were. So that we had to integrate schools. Now. You probably know what is. Senator love bring this up. I'm not going to speak to the intent of anybody. But I am going to speak to the results. And the results was that vouchers for use once integration was put into place into place and what was the results of that it's segregated our schools. N. as a state senator I would be remiss if I did not mention that. I'm not saying that people are trying to segregate schools no. What the results was that we segregated schools. From that little rock school District classic county school district all those school districts. I had to go into to A. D. six agreement. You all I do not want to go back there. I'm pretty sure that none of us want to go back there. But it is my job as a state senator. To ring the alarm when I see something going wrong and I would say that this bill is headed in the wrong direction and for that I am voting NO one I would ask you to vote no thank you. Anyone else wish to speak for or against. Senator Davis you're recognized to close on the bill. Thank you members I have already read my closing so I'll not read it again and and I just thank everyone for your work I know it's going to change the future of Arkansas Mattis our kids and people who need a different choice in school at It's really meaningful because our vote is symbolic of the future. It's symbolic of why we're down here. The hard work that we do every day. It matters to the sixty five percent of kids across our state that cannot read. And we get to take that vote today. To pass this bill. And change our state now. And for generations in the future. Thank you for your partnership in your work a lot of you on this floor have been doing this work a lot longer than I've been here. And you guys a pave the way to make this happen. Thank you ask for a good vote. Thank you senator. And secretary please call the roll we have a parent the desk Senator Clark yes Senator love no. Boyd. Yeah. Right. Caldwell. Chesterfield. Clark yes Kroll. Davis. These. DISMANG. Dotson I. English. Flippo. Flowers. Gilmore. Gilmore. Hammer. Hester. Hickey. Hello yeah Irvine. Blake Johnson. Mark Johnson. King. Leding. Love nine. Mickey. Murdock. Murdock. Payton. Penzo Petty. Rice. Staffan. Stubblefield. Sullivan. Tucker. Wallace. The senators who did not vote you wish to vote. I see senator Gilmore is a yes. Senator Murdock is a no. Any other senators. Please cast a ballot. By a vote. At twenty six yay eight name. Senate bill two ninety four as amended and the corresponding emergency clause pass in Roland. Senator Hester you're recognized. Members with without objection I'm going to ask that we move up the remaining bills on the counter tomorrow we have some committee still yet to go this afternoon and we did not have a full day but anyway without objection I would like to a move the remaining bills on for tomorrow. Other items at the desk. Yes we your committee on engrossed bills to whom was referred Senate bill seventy nine by Senator Hammer compare the engrossed copy with the original find same correctly engrossed. Clearing. Senate will stand in a German. Until at one PM tomorrow March eighth. Subject to the clearing of the desk. We are.