Senate Convenes

Will not arise personnel please leave the Senate chambers at this time the Senate will begin session momentarily. The Senate will be called to order are there any request for leave at this time. Madam secretary please call the roll I'm sorry Senator Boyd you're recognized. Thank you madam president may have leave for Isaac Foley he's he's with us today. Thank you. Secretary please call the roll Boyd Bryant Caldwell Chesterfield Clark chrome Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love. Mickey Murdock Payton Penzo Petty rice Steinen Stubblefield Sullivan Tucker Wallace. Thank you madam secretary of everyone in the chamber and in the galleries would please rise for prayer followed by the pledge of allegiance and senator mark Johnson will be introducing mark Lundstrum to give our morning prayers thank you thank you madam president and I would ask of this chamber to give leave to doctor Lundstrum and his colleagues. Mr. Blake Harrison who is within today and member of a church is my honor to introduce my constituent Dr mark lanes from he's a district superintendent for the narc north Arkansas church of the Nazarene he's a Conway resident and and Mr Harrison is is with the cowboy church in el Paso which I don't know Senator Hill noses before my mother grew up after her mom died so very important place to make some honored to have everyone we could have leave for those two people I appreciate it. Thank you gentlemen and ladies and we will ask Mister Lynch from now to come pray with us thank you. Would you pray with me. Heavenly father we gather in this chamber. With the recognition that what we do matters. It matters to our state corporately. And it matters to every person who calls Arkansas home. This realization humbles us because we know the task is too large for any one of us. It's too large for our individual gender is. It's too large for individual egos. So as we begin the session today I ask for your wisdom to guide the senators. I pray for your grace to fill them. I pray for your spirit to empower all of us so we can fulfill the great commandment Jesus called us to obey. To love you with all our heart mind and strength. And to love our neighbor as ourselves. With that shared agenda we commit this time to you. And we pray that all of our words and deeds all of our decisions on this day will bring glory to you and will bring good to those we serve. We pray these things in Jesus name. I'm an. Yes. Thank you so much for Lundstrum for your your words of wisdom this morning I have to admit that at my interactions with the Nazarene pass over my great uncle Joel McKinney and his. Prayers are often longer than his sermons and so we have a full agenda today so why for the message. Of the day. Ladies and gentlemen in the galleries welcome to your Arkansas state Senate it is our expectation that each of you will exercise proper decorum during today's proceedings and govern yourselves accordingly without objection the rules will be suspended and the Senate bill Spencer the reading of the Journal. The morning hour has now begun. Are there any announcements or introductions at this time Senator Chesterfield you're recognized. Thank you madam chair ladies and gentlemen of the Senate Monday is alpha Kappa alpha incorporated day. My sorority and I would anticipate that you will be on your best behavior please wear either pink or green to commemorate them coming their ways of accomplishing many we'd appreciate it I'm sure someone is already madam chair on record to introduce these wonderful people in the gallery is I don't want to you Sir that is somebody supposed to introduce our APR and okay I'm not going to be served that but I do want to single out one. Tina Brooks is my former student she's in the audience ten would you stand up and sit let him see how smart and beautiful you are thank you thank you madam chair. Bills you're recognized. Thank you madam president and colleagues First five sentences for thank you for not steal my thunder secular calling side I do have the distinct pleasure of introducing the Arkansas nurses association this is just a place for mom because I work with the nurses association but specifically I work with one nurse which is my sister in law Margaret love she is the president she served as president of the nurses all session in also want to make light of. Senator Hester calendar Brooklyn from I'll be you. W. all right. You all please stand up. Thank you members. Okay the Brooklands over here some thank you members. In those. Thank you members. Thank you senator Lott senator Caldwell you're recognized. Thank you Mr president own introduce our doctor the day Dr J. Lee kun who is in family medicine practice he served as our of medical March from doctor Crawford's hospital and women and also practices in Imboden and it is depend will as always is nurtured welcome. President Senator Hester you're recognized so Hey members we we're facing potentially a long day today so what I'm what I'm asking there is a chance depending on how the schedule runs today that we will not hear House bills so if there is a house bill that you're responsible for that you think it's very important we run today please come let me know now things are really smoothly maybe maybe hello everything today but if if you need to House Bill heard today be sure let me know if not we'll we will will pull back clean up on on Monday. Any other announcements at this time. Madam secretary other items at the desk yes ma'am you're madam president this is to inform you that on January twenty third twenty twenty three I reviewed and approved the following measure of the legislative session of the ninety fourth General Assembly Senate bill one ACT seven. About their matter present this is to inform you that on February seventeenth twenty twenty three I reviewed and approved the following measures of the legislative session the ninety first General Assembly Senate bill forty two ACT seventy eight Senate bill fifty seven ACT seventy nine Senate bill eighty seven ACT eighty Senate bill ninety eight ACT eighty two Senate bill ninety nine. ACT eighty two Senate bill one hundred ACT eighty three Senate bill one eleven ACT eighty four Senate bill eighty of one fourteen ACT eighty five Senate bill one thirty two ACT eighty six Senate bill one forty one ACT eighty seven Senate bill one eighty ACT eighty eight Senate bill two fourteen ACT eighty nine and I believe there's an error on the Senate bill ninety eight should be set up act number eighty one. File. Madam president this is to inform you that on February twenty one twenty twenty three I reviewed and approved the following measures for the legislative session ninety fourth General Assembly Senate bill thirty four ACT one twenty Senate bill thirty seven ACT one one twenty one Senate bill seventy ACT one twenty two Senate bill sixty nine ACT one twenty three Senate bill one O. one ACT one twenty four Senate bill one sixteen ACT one twenty five Senate bill one eighteen ACT one twenty six sincerely file. Madam president this is will your committee on aero Bills to whom was referred Senate bill seventy eight by Senator Hickey Senate bill one ninety eight by Senator John Jonathan Dismang for the enrolled copies with the original find same correctly enrolled and have delivered to the governor at eight forty five AM for her approval Mark Johnson chairman. File. Where your committee on state agencies and government affairs to whom was referred Senate bill one ninety four by Senator Hester recommend to pass to concur in the house amendment number one. State agencies. Any further business to come before the body in the morning hour. If not morning hour has expired we will now begin the business agenda. Beginning with amendment one to S. B. fifty nine. Amendment one Senate bill fifty nine. Senator Chesterfield you're recognized thank you madam chair ladies and gentlemen of the Senate this isn't this is my amendment to my bill merely adding Senate means getting House sponsored sponsors I appreciate a good vote thank you. Thank you senator Chesterfield. Any. One wish to speak against her for. Senator has closed all those in favor. A signify by saying aye. Any opposed. The amendment is adopted. Now out of action we will vote. On the bill any objection to rowing the boat. Senate bill fifty nine by Senator Chesterfield to amend the law with respect to circumstances that justify the use of physical force upon another person. Without objection we will roll the vote. Madam secretary please role that Boyd Bryant Caldwell Chesterfield Clark Crowell Davis DES dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stuff sub Stubblefield Sullivan Tucker Wallace. Any senators who wish to change his or her vote. Senator flowers president. Any other senators. C. nine please cast a ballot. By a vote of thirty forty eight zero may and one president. SP fifty nine passes enrolled. Now amendment one two S. B. one thirty eight. We will. We will move to S.. Amendment one Senate bill one thirty eight. Senator you're recognized Hey yes this is my bill my amendment this just adds as sponsors an emergency clause. Any questions for the senator on the amendment. All those in favor of the amendment signify by saying aye. I any opposed. Amendment is adopted. Now we'll take a bill SB one thirty eight with the amendment Senate bill one thirty eight by Senator Irvin three kill the licensing requirement of clinics and health centers in which a pregnancy of a woman known to be pregnant is willfully terminated or aborted and declare an emergency. Thank you members again the amendment all it did was add co sponsors of the bill an emergency clause which would be been which is unnecessary the bill remained the same policy by side Preciado good vote. Any questions for Senator Irvin anyone wish to speak against or for. Senator you're pretty close thank you I'm because present a good vote thank you has closed. Any objection to rowing the boat. Secretary please call the roll. Boyd. Boyd. Brian. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Clark. Crowle. Carlaw. Davis. Davis. These. DISMANG. DISMANG. Johnson. Dotson. It in fact English. Flippo. Flowers. Gilmore. Hammer. Hester. Hester. Hickey. Hickey. Hello an emergency clause Irvine I Blake Johnson. Mark Johnson. King. King. Leding. I love. The key. Murdock. Murdock. Thank. Penzo. Penzo. Petty. Rice. Staff. Stubblefield. Sullivan. Tucker. Tucker. Wallace. What. I'll be down on this side Senator to which the voter did not vote or change both I see senator Wallace is and I. Senator Chesterfield is in may. Senator Dotson is and I. And the Kroll is nine anyone else on this side of I'm sorry Senator Clark ninety nine nine nine anyone else senator Murdock is a no. I got it I'm looking at this site I want to go to this side next. Senator Penzo is a nine. Senator Teague is and I. Senator Caldwell hi Senator Dismang hi Senator Hickey hi. Anyone else on this side please check the board. Please cast up the ballot. By a vote of twenty ninety eight six nine. The. Bill and the emergency clause. Pass. Elect. Now amendment one two S. B. one eighty seven amendment one to Senate bill one eighty seven. Yes this just adds a House sponsor that's all the amendment does. Any questions. All those in favor signify by saying aye aye any opposed. Amendment is adopted we will now take up S. B. one eighty seven with the amendment Senate bill one ninety seven by Senator Irvin to repeal the health care quality and payment policy advisory committee act. An urban you're recognized thank you members just a reminder we we've already passes bill out it just repeals this advisory committee that I actually put in statute and it did its job and came back with a good R. O. Y. which led to a lot of savings and cancel contracts at DHS. I appreciate a good vote. Thank you any questions for the senator anyone wish to speak against or for. Any objection to. Senator as follows any objection to rowing the boat. I'm secretary please role that would Bryant Caldwell Chesterfield Clark Kroll Davis DES dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McCaig Murdock Payton Penzo Petty rice stone Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote. C. nine please cast a ballot. By a vote of thirty five eight and zero name. S. B. one eighty seven as amended passes enrollment. Now amendment one two S. B. one eighty eight Amendment one Senate bill one eighty eight I don't have it the center Irvin you're recognized thank you members all this amendment does is at a house sponsor. Hi motion to concur with the house amendment. Any questions. All those in favor signify by saying aye aye any opposed. Amendment is adopted. We will now take up a minute. The S. B. one eighty eight with amendment one. Senate bill one eighty eight by Senator Irvin to clarify that the Division of provider services and quality assurance of the Department of Human Services certifies and regulates long term care facilities and services. Centerville. At thank you members we again This is a bill that's already passed through the amendment all it did add to the policy was just nothing and then we just out of the house sponsor so I'd take any questions and appreciate a good vote. Again thank you senator any questions anyone wish to speak against or for. Senator has closed. Any objection to rowing the boat. Committee secretary please role that. Boyd Bryant Caldwell Chesterfield Clark coral Davis DES dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice standing Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote Senator flowers. Is and I. Any senators anyone else please cast a ballot. Right thirty five eight and zero name. As B. one eighty eight as amended passes enrolling. Now amendment one two S. Beijing sixty four Amendment one Senate bill two sixty four. Senator Irvin you're recognized yes thank you just my bill my amendment. All those right there any questions all those in favor Amendment please signify by saying aye. Opposed. Dr. We will now. We will now take at S. B. one twenty one. Senate bill one twenty one by Senator Mark Johnson to amend the Arkansas state capitol in historical monument protection act and for an emergency. Senator Mark Johnson you're recognized. Thank you president two years ago we passed the Arkansas state capitol historical monument protection act and since that time there's been only one case that actually went to the history commission when the entity was asking for a waiver from the law the in that case the commission denied the waiver based on the fact that they didn't meet the requirements in the law that it could there could be a waiver granted the circuit judge if the action is brought up it was the I might say that the there was a lawsuit filed during the time that the waiver was being considered the judge said I'm not under anything until the district commission has adjudicated the issue the waiver they do not grant the waiver so the parties went back the judges said thank you your honor please reinstate the order he said that the law did not specifically live hand to do that so that the cleanup bill is to correct that language and changes a place in the original act court says that this a court of competent jurisdiction diction may grant such an order it changes it to shall and this is of a clean up for that the other thing is that it is of we we clarified the definition of when the effective date was effective date of this bill is April twenty eighth twenty twenty one. But there are some questions about if the monument was in existence after before that after that and then you get into the weeds deeply by saying will part of the monument was removed before that date but part of the monument was removed after that date and I appreciate the specially Senator Tucker who led his legal mind to help me sort through that I don't think he's completely satisfied but that's okay it it's I'm still grateful for him for helping me sort that out. the. The way that the. Look back we called it would work is that it would to say that if the monument was removed without a waiver after the twenty eighth of April twenty twenty one then it would to. Apply if it was partially removed by the public entity within the last five years but it's still in possession of the public entity then this that same provision would apply so if anything we have tightened the the provision of where the Twenty twenty twenty twenty one ACT would be applicables and making we I think making it very are I will say much more clear I don't like to ever say things perfectly clear because judges and courts interpret things the way they they do it the other thing that we added is that the action by the history Commission shall be done in writing and shall be maintained as a record in case there's any need to refer back to that in the in the future also this also is grants in the case that there had to be litigation that the court may or in the case of going against the state that claims Commission may Okay offer attorney's fees reimbursement to the the The prevailing party in the in the case that is what the bill does not be happy to try to answer any questions. Any questions for Senator Mark Johnson I see centre Dotson. Thank you madam chair centre Johnson I'm still having problems with the retroactive back period of five years prior to the enactment date on this act Do you have any idea how many. Entities or statues in the state would be affected by this particular activity passed to where if I understand it correctly it would give them. I mean they could be have some sort of a liability in court If you go back prior to that I'm not sure that we can actually do that it'll stand up in court but I appreciate your questions Senator you brought this up in committee as well and this is why we amended it twice let me point out that On page. Two starting with the. Line five says this subsection applies to a monument or moral removed without a waiver. After the effective date of the act and and it's very important that the sections or partially removed within the last five years any portion removed is still in the possession of the public entity now the twenty twenty one ACT is definitions includes any monument that may have been removed re locates put in a warehouse for example which is in real life what really happened that that would be available that still and this is existing law for the purposes of the law it is a memorial or monument covered under the act this was the twenty twenty one ACT we passed it is low today so we're not changing that definition we're simply saying that the the process to put it back would to would apply now to on the five years. It would have to have been removed in the last five years in that situation for this act to apply at all if it'd been removed previously and both you and senator Tucker brought up in committee how far back could you go well it would have to meet the two tests that we've had been moved in the last five years or it will and and would have to still be in their possession so something that didn't pass both of those to test would not apply so I think it would narrow it even greatly even more greatly and I'm. Hope that clarifies that I'm trying to teach it back so we're not as Senator Tucker point out committee you could go back to nineteen twenty four and say it's been gone ninety nine years and you can can bring this up now it it it has a shut off no earlier than five years ago but uh It has to meet those other tests as well so I mean. To the to the question of how many entities in the state because there can't be I don't think there's more than two and as every day goes it would lessen the amount that would apply to an and once again the original idea was that. But not the reason I do the original language in the in the law says that a monument that's in possession of an entity a city council other the state is still a monument if even if it's not on display which two would that be there's a situation in Little Rock on the situation in Fort Smith the. Again it could be litigation Little Rock definitely of there was litigation Fort Smith and this would hopefully resolve that thank you thank you. Senate bill that you still have a question. Any other questions for Senator Mark Johnson. Anyone wish to speak against. Or for. Senator you're pretty close thank you madam president this really is clean up bill I have had a lot of comments about us the language but in ninety five percent of the cases the questions I got we're really not about this bill but about the twenty twenty one ACT which again is low and is been almost law for let's just say almost twenty three months so I would really appreciate a good vote to let us get the same cleaned up so all parties would know what the law says. Thank you. Thank you senator any objection to rowing the boat. Jackson noted. Madam secretary please call the roll. Boyd. Brandt. Caldwell. Caldwell. Chesterfield. Clark. Kroll. Davis. These. DISMANG. DISMANG. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hammer. Hester. Hickey. Hickey. Hello. Hello. Irving. Irvine. Blake Johnson. Blake Johnson. Mark Johnson. King. Leding. Love. Mickey. Mickey. Murdock. Murdock. Page. Penzo. Penzo. Petty. Petty. Rice. Rice. Staffan. Stubblefield. Sullivan. Tucker. Wallace. I will begin on this side any senators who have not voted if you wish to vote or who wish to change. Your vote. Senator Patty is an I. any other centers on the side. Senator Murdock is in a. Senator Hickey as president any other centers on this site before I go to the other side. This Is Senator Dismang is may senator Penzo president Senator Hill name Senator Hammer name. Any other senators. Please check board. Please cast a ballot. By a vote of. Eighty eight sixteen nine five not voting and six present the bill fails. Senator Hester you're recognized I make a motion that we expunge the vote by which Senate bill is at one twenty one. A failed. The motion to expunge the vote on Senate bill one twenty one all those in favor signify by saying aye. Many opposed. I have it as the one twenty one vote expunged. And before we take at the next bill I Senator Solomon is going to quickly introduce his pages that are here with us yes my pages that come on down here please them because they come down here to learn a lot and that I was late so I apologize. They're all from Jonesborough with our home school division there one of the best I think home school departments and then in the state hi there I think over a hundred families involved in this now to go through it really quickly and a bill SQ. She's involved in everything in the world the officers really have a lot of activities going on and addy SQ and the same here I see him on Facebook all the time leading up. And grace Nichols. Grace's IT help help with my kids and many of the kids in our community and she actually manage about thirty and one that I think so good job and Josiah Woodham. Thank you Jessica. And loop Martin. I work with Luke's mom on a number of different projects I'm sure you were involved in working on him to. And Jackson goed. And we'll over. Thank you for thank you. And Courtney Gammon. Thank god I got through all of. Don't miss one. This is a great group of folks and I apologize for being late but they are involved in a lot of projects in Jonesborough and they work with me on a number of things so bills could in here real close we'll get a. Thank you member. Thank you Senator Solomon. And a couple housekeeping notes. I would encourage members. And reiterate that when you're voting changing your vote. The please speak up so that way we can recorded accurately and before we get into the next couple of hours our hours of discussion an anticipated debate I would. Remind members that we have time for questions and then we have time questions to the bills themselves and then we do have time for advocacy and so if you're more wanting to advocate we have time to speak for against those bills at the designated time I would encourage questions be questions about the bill itself and with that we will move to S. B. one ninety seven. Bill one ninety seven by Senator Bryant to prohibit certain restrictions on the regulation of short term rentals I have a disclosure letter from senator Jonathan Dismang I am submitting this letter as a matter of complying with the Senate code of ethics and to comply with full disclosure pursuant to rule the following disclosure is provided Senate bill one ninety seven of twenty twenty three I am part owner of a company that operates short term rentals I will vote president on Senate bill one ninety seven please file this letter in the official Senate journal of the regular session the ninety fourth General Assembly sincerely Jonathan Dismang. Senate right you're recognized thank you Mr president. Colleagues what I bring for you today is a bill on just to put it simply is property rights. Citizens throughout our state due to the popularity of online platforms and ease of access to these markets citizens are so I believe are starting to have their their property rights restricted. Arkansas law does not favor restrictions on use of land I read that countless times throughout all the court decisions and and different case law that when in doubt property rights are going to be upheld. I'm also pool where the responsibility of cities to govern their people. However local control should not include the restrictions of these particular property rights the right to is to buy and sell and lease or rent your property is fundamental to us all the courts have determined this right to rent. As in it And recently as two thousand eighteen by our state Supreme Court in a seven to decision that said that regardless of duration the right to rent is and how is incidental to the property. It also further to the fine that that rental properties is not a commercial use as long as it is used as a residential dwelling. Therefore the use of private property ownership for long term or short term rental is equal in the eyes of the law the restrictions of a bill of instability assurance or covenants or HOAs are the only thing that can supersede this right. No cities have to make good neighbors to do that they use police powers they pass ordinances to address traffic to address parking quite use animal control lawn overgrowth or any other nuisance issues common to that area. City should use these police powers to curtail these issues. The city that expressed concerns an inventory because maybe their their inventories means stashed up by short term users with H. those city should encourage developers to develop under land and not put over regulate over burdensome regulations on the use. We need to let the free market rain the situation. This bill does not change taxation requirements currently in code. Statute requires all who leads to transient guests to collect all gross receipts including compensating use taxes and tourism tax the code further defines transient guests as those residing in a less than a month to month tenancy in a furnished house condo or townhome. This will also apply to any a and P. taxes. This bill it does not impact future existing covenants is or restrictions through homeowners associations or or property owners associations that is still part of the bill of insurance for that property. This bill allows cities to track these owners to make sure that they know who to reach out to in case the police powers that they're using the that show of a violation of code needs to be enforced. In summary our cities and towns have long allowed for short term rentals. They are allowed to co exist with owner I'd owner occupied properties. The ability to buy and rent or sell private property should remain a right. The quiet enjoyment of these properties should be and can be addressed equally by the police powers and not by simply zoning them out. Imagine if the city decided the home ownership and its owner occupations that supersede any rental property. We would I don't think we like that by addressing this issue. We will hopefully stop paid paving the way for a potential future restrictions of these rights. Thank you for allowing me to explain this bill and I'll be happy to take any questions. Any questions. Senator Clark you're recognized for a question. Right along the Freedom aspect a lot for people to us but in a you said this bill will allow the. Here again and I want to make sure that subdivision covenants are included popular owner associations homeowner associations and subdivision covenants will not be affected by the. Senator Clark they're not affected even even the Supreme Court decision said if they see if they state specifically what can and can't be used within the bill was sure to the governance's that that's part of that group not part of of the of the presidential thank you. Any other questions Senator Irvin you're recognized for a question. You may have the but existing ordinances how will this affect any existing ordinance of any existing words is not to be reset after the reset to comply with the law thank. Senator Chesterfield that you have a question. Thank you madam chair and thank you so much senator Brian for taking my question I've had problems on page one. Line thirty five. Without intrusion by the government. That particular piece bothered me as I express to you I am saying that. That you're saying the local government may enact or enforce an ordinance resolution rule the other requirement that requires an applicant to obtain a permit from the local government at no cost yeah. So that gives us it's me Les Paul but I'm wondering why we have the with that. In the on that first night without intrusion by the government and dancing Dog almost oxymoronic because on the next page you say that the government can to some extent in truth so why that particular thank you senator Chesterfield the context is for them to treat all residential use properties as the same like we we don't want the government to intrude are owner occupied homes I don't want them to be true to my long term rentals if I owned any short term rentals the the the the scope of the of the bill is to make sure there is an equal playing field that if they're gonna do one one intrudes into one area they need to do it all areas thank you thank you thank you. Anyone wish to speak against. Anyone wish to speak for. Senator has closed. Any objection to rowing the boat. Well that Boyd Bryant Caldwell Chesterfield Clark Kroll 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 stone Stubblefield Sullivan Tucker Wallace. Any. Senators wish to change your vote I see Senator Tucker is made. As the center letting as not voting. I see senator flowers as. President. A state senator. English aye Naing. May. Any others who wish to change your vote. C. nine please cast a ballot. By a vote of twenty ninety eight three nine one not voting present. The Bill pass is transmitted to the house. Now S. B. two zero seven. By Senator Blake Johnson. Senate bill two O. seven by Senator Blake Johnson to modify the Arkansas corporate friends franchise tax act of nineteen seventy nine. Senator Blake Johnson you're recognized. Members this is brought me by the secretary of state's office and the make some technical changes that brings the The entities that they can be forfeiture charter back to five years instead of seven so thank you know. Those names can be used and they had a. Program for the fant franchise tax that the has not been in procurement or are meeting since two thousand nine for this process this will allow them to bring that in house and and have that that software system and keep it up to date the the fees and things that that you see in this bill for the online services that's what it's for they've been in place since two thousand nine when the online services began those fees or anything does not apply unless you go online and do it if you do it by hand those trees don't don't apply so. Any questions for Senator Blake Johnson. Anyone wish to speak against or for. Senator has closed any objection to growing the vote. Secretary please for all that beau and Bryant Caldwell Chesterfield Clark Crowell's Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey. Health 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 I see senator Dodson is president. Senator Dismang is no Senator painting. No. Any other senators wish to change your vote. Senator Penzo president. Please cast a ballot. Right thirty one may two nine and to present S. the two zero seven passes please transmit to the House. S. B. two fifty five was center making the. Senate bill two fifty five by Senator Mickey to amend the law concerning allocation of election expenses and to restrict the source of election funding Senator Ricky you're recognized. Thank you manager members this Last election cycles we've seen a lot of Hinckley Business we want to make sure in Arkansas that groups like Facebook and Twitter aren't putting money into our elections to do anything We we want to make sure our election funding is transparent there's a stable system for that and this just does that we made some amendments to make sure that there is no chance that the this law would risk restrict office holders from raising campaign funds. And I'll be happy to take any questions. Any questions for Senator Ricky. I appreciate a good vote well. Senator Chesterfield. You're recognized for a question how do you enforce this. What how do that be a good question for the secretary of state's office. No I mean I I I I I I would imagine that legislative audit would be involved in that it's a matter of. Number one election commissions and counties understanding that they're not allowed to take the funding and the number two when we say how do you pay for that this oh well okay thank you. Anyone wish to speak against or for. Senator has closed any objection to rowing the boat. Secretary of the vote Boyd Bryant Caldwell Chesterfield Clark Kroll Davis the Dismang Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice from Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote. Sandline please cast a ballot. By thirty forty eight zero may and one president. As the two fifty five passes. Transmitted a House. At the two sixty five Senate bill two sixty five by Senator Boyd to create the hospital pharmacy. Alternative care endorsement to allow hospitals to dispense outpatient medications for certain patients. Senate boy you're recognized. Thank you madam president Arkansas has a prevention and state code that keeps not for profit hospitals from owning a retail pharmacy there are some exceptions UAMS children's and I think three others in the state that were grandfathered in prior to that that law and so since then there has there's a challenge of reduced. Margins on prescriptions and it is really hard to find a twenty four hour pharmacy I don't know you know if there is one in the state or not I I'd I know Jonesborough just had their last one close and so there are some specific times where that prevents challenges for patients so what this is is a patient centric solution to allow not for profit not for profit hospitals to ask proactively asked the the board of pharmacy for an endorsement on their hospital pharmacy permit which would allow them to dispense medications at retail trade in a couple limited scenario so number one it's it's in the emergency department so someone is being discharged from the emergency department the the problem being it's two AM there's not a pharmacy open this would give them the ability to to dispense that medication if the patient so chose and then number two is hospitals have an expectation for Medicare to reduce thirty day re admits on certain diagnoses and so this also would allow the hospital if they had this designation on it it's permit to dispense after thirty one day or a package size of medications to hopefully make sure medication lack of medication it is the medications are reconciled and lack of medication is not the reason for read mission where they would be penalized so the pharmacy association is in support of this bill there were some questions about that and committee the pharmacy board is neutral because it's our job to set policy so they don't have a you know say one way or the other but they've not expressed concern that it would be hard to implementor anything like that so with that said be happy to take any questions. Any questions for Senator boy. Anyone with to speak again or for. Senate. I appreciate a good vote thank you. Senator has closed any objection to rowing the boat. Madam secretary please roll the vote Boyd Bryant Caldwell Chesterfield Clark Kroll 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 stone Stubblefield Sullivan Tucker Wallace. You senator wish to change his or her vote. I see Senator Solomon is I know. Any other senators wish to changed his or her vote. C. nine please cast a ballot. Right thirty forty eight and one name. S. B. two sixty five passes transmit to the House S. Meeks to sixty seven Senator Blake Johnson. Thank you governor I would like to use re referred Senate bill two sixty seven back to the Committee for but an amendment. Senator Blake Johnson has asked to re refer. As the sixty seven back to committee all those in favor signify by saying aye. Any of those. As the two sixty seven is referred back to committee now as the two seventy one senator mark Johnson Senate bill two seventy one by Senator Mark Johnson to to amend the offense of lottery. Senator Mark Johnson you're recognized thank you madam president. this is a very short bill as you might note. what it does it strikes some language from our loitering bill that was deemed by the eighth circuit court of appeals to be unconstitutional and I created a first amendment violation. if you're if there's protected there's court case law that says that if you are are soliciting funds are asking for a gift that that's protected free speech so we didn't want to lose the effectiveness of having a protections not just from someone that would not be a pedestrian but also motorists in the same situation if if a and that's why the language refers to the things the and lowering that lingers remains on a sidewalk roadway or public right of way in a public parking lot public transportation vehicle or facility or on private property in a harassing or threatening manner in a way likely to cause alarm to another person or under circumstances that create a traffic hazard or impediment and I think we all see situations where people are are doing something dangerous close to a highway it's not just about protecting pedestrian it's also about the motors that might have to swerve to miss someone this that's in in a roadway and maybe hit another person or hit another car so there's there's all kinds of things you worry about I don't like the idea of someone being on a. A sidewalk or something where they could cause an accident now when I first had this drawn up by presumed it would be transportation bill and chairman transportation I thought we'd we'd hear it there but the Attorney General was very helpful in helping crafted and because it does deal with an offense Mr cook's plain to me that had to go to judiciary so that was why I went through Judiciary because that's what we're changing so it's a simple bill to bring our current code and to compliance with the what was determined at the eight circuit not be happy to answer any questions. Questions for Senator Mark Johnson centre Love you're recognized question. Thank you Mr president Senator I'm not familiar with this bill but just in looking at it is going to stop and handling is this what this bill is designed. It doesn't specifically talk about. What you call panhandling which maybe says about asking for charity or a gift what it does is talk about where these activities can take place it is this is it we're not we're not free speech our courts have ruled that for that panhandling is you call people asking for can you give me a dime can you give me some money I've got problems that that's free speech and so we're not going to try to restrict that but we're trying to not allow someone under the guise of exercising their first amendment rights to put themselves and others in a hazardous situation so that's that's the and the the court ruled on this in that manner and that's why the language that was crafted by the attorney general's office to address that situation. And that that was why they came up with we simply strike anything has anything to do with the first amendment rights. Okay thanks thank you senator any other questions for Senator Mark Johnson. Hey everyone wish to speak against. Senator flowers. Thank you governor members. The senator Johnson was right the court struck that part of the code down so it would eliminate itself. If you look at the others part of that section of the code we already address the things that he wants to address he talks about. Lauren and might get in the way of traffic calls an accident things like that. That particular part of the code speaks to interfering. Harassing threatening and the possibility of getting injured this is not necessary if you wanted to do something to comply with what the courts have already ruled he would obstruct the whole section. I ask you to vote no. Anyone wishing to speak for. Anyone else wish to speak against. Senator Mark Johnson you are free to close. Thank you thank you madam president Sir flowers I appreciate the point that you made and made that same point in committee and I responded to them by saying simply that we we have some redundant things in different sections of the code and I had to trust the smart lawyers at the attorney general's office to tell me the best way to accomplish this and this is the way that it is I don't necessarily disagree with senator flowers interpretation but in going back to the AG's office this was a recommendation that we got so I think it will help public safety and I would appreciate a good vote thank you madam president thank you senator has closed any objection to rowing the boat. Secretary please roll the vote. Boyd Bryant Caldwell Chesterfield Clark Kroll Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love the key Murdock Payton Penzo Petty rice system Stubblefield Sullivan Tucker Wallace. Any senators who wish to change his or her vote Senator Chesterfield president. Senator love president. Senator Murdock president. Senator Leding. Any other senators. C. nine please cast a ballot. By a vote of thirty eight one name and for president. As B. two seventy one passes please transmit to the House now as B. two seventy two by Senator Petty senate two seventy two by Senator Petty to create an election integrity review process to amend the duties of the state board of election commissioners and amend the law concerning election law violations Senator Petty you're recognized. Thank you madam president I'm about to say something that I know's going to disappoint several of you with such a heavy schedule today but I'm going to ask that we pass over these next two two seventy two and two seventy four to seventy two which passed out of committee the was brought to us by the state board of election commissioners and they asked me just a minute ago to to push the pause button on this and they would explain afterwards and then on to seventy four after it passed out of committee yesterday unanimously the representative for the wholesale distributors reached out and we we discussed a possible solution so I gave him my word that I would push the pause button until I saw what their proposed solutions were so I'm asking that we pass over these two today. Thank you Senator pei we're hi Senator this B. two seventy two and SB two seventy four. We will now take up S. the two seventy nine Senator Irvin. Senate bill two seventy nine plus Senator Irvin to amend the alternative to this act and to broaden the alternative to discipline act to apply for two non nurses regulated by the Arkansas state board of nursing. Senator Irvin you're recognized. Yes thank you so much and members this is what this does is allow for the and the nursing board days certified and licensed as well as nurses medication assistance that are certified M. A. Dassey's and so what this would do is allow those of folks that they license to also be able to enter into this alternative to discipline Program as so that we can hopefully get those folks back on track I think Senator void of passes legislation originally and so what this does is just change it to individuals licensed or certified and it and that way it covers everybody that the nursing board certified as an license so that they can take advantage of that program that's all the bill does. Any questions for Senator Irvin. Anyone wish to speak against or for. Senator Irvin you're free to close thank you have clothes from a bill. Senator has closed is there any objection to growing in the best. Madam secretary please role of a board Bryant Caldwell Chesterfield Clark cruel 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 son Stubblefield Sullivan Tucker Wallace. He per. Any center with the change his or her vote Senator flowers president. Any other senator research changes or her vote. C. nine please cast a ballot. By a vote of thirty forty eight zero may and one president bill passes please transmit to the House. Now as B. two eighty eight Senate bill two eighty eight by Senator Irvin regarding environmental law to amend the law related to certain permits to amend the law regarding certain permit fees and to amend the law regarding a departments of the licensing committee were related to wastewater treatment plants. Senator Irvin you're recognized thank you members again this is what I working with the department of energy and environment and if you look in there the language in this bill on the on on how they're processing these assessments goes back to fiscal year nineteen ninety to nineteen ninety three we need to remove that language and add this changes known of their fee schedules it just puts it in statute and cleans up that language and gets rid of those references to fiscal year nineteen ninety two ninety three. Any questions for Senator Irvin. Anyone wishing to speak against or for. Senator has closed. Any objection to roll. Madam secretary please role of a board Bryant Caldwell Chesterfield Clark Kroll Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice system Stubblefield Sullivan Tucker Wallace. Any senator who wishes to change his or her vote Senator Dotson president. Hi Senator flowers. President. Any other senator was to change his or her vote. Any other Senator if not please cast at the ballot. By a vote of thirty three eight zero nine eight and to present the bill passes please transmit to the House. S. two ninety four Senator Breanne Davis Senate bill two ninety four by Senator Davis to create the alarms Act to amend various provisions of the Arkansas Code is they related relate to early childhood through grade twelve education in the state of Arkansas and declaring an emergency. Senator Davis you're recognized. Thank you and governor. Members I know that everyone is familiar at this point with what this bill does and we all know that R. State continues to rank at the bottom and the nation in terms of education this is not new it has been going on for decades and this state leaders we must step up and provide desperately needed support for our teachers our schools and our students. And that's exactly what the learns Act is about I'm gonna hit the high points of the bill for those watching live stream that didn't have an opportunity to watch yesterday. This bill is the single largest investment in public schools in Arkansas's history hundreds of millions of new dollars are being pumped in our public schools through this bill. This bill makes a historic investment in our teachers as teachers will tell you no one goes into the teaching profession to get wealthy they do because they're passionate about kids and investing in their futures. Right now Arkansas rings the bottom and starting teacher salary but with the learns Act Arkansas the fourth in the nation this is a direct reflection of our commitment to the teaching profession. As it stands today thirty nine percent of districts in Arkansas have a starting teacher salary of thirty six thousand dollars the state minimum. Sixty one percent of districts Max out their top salary schedule for teachers with a bachelor's degree under fifty thousand dollars. Ten percent of districts have zero teachers that make over fifty thousand dollars this includes places like Claritin and Palestine Wheatley in the delta Marmaduke and rector in northeast Arkansas and Smackover in south Arkansas. The real this is real money that we're talking about that's going to change the lives of Arkansas families and communities in literally every corner of our state. Additionally this bill includes the largest teacher raise in Arkansas history it includes bonuses up to ten thousand dollars for highly effective teachers including mentors for teachers to commit to teaching and in Arkansas public schools and is subject area or geographic area where we are experiencing a critical shortage we are establishing a teacher academy scholarship program that would pay the tuition and fees for their undergraduate and graduate degrees. We are doubling the amount of money that teachers can apply for in regards to repayment of federal student loans. We are creating a paid maternity leave plan for up to twelve weeks that districts can opt into you that the state will match fifty fifty. We know the power of a mother bonding with her new child which is why we are including not only school children but adopted children as well. This bill also provides highly trained literacy coaches to be deployed across the state to help support our teachers we've included a grant for high impact teetering for students to get additional support outside the classroom and help with the heavy load that our teachers carry inside their classroom. The priority of this legislation is straightforward the students of Arkansas. They are the future of our state and we believe that every child should have access to quality education that fits their educational journey. We will no longer be defenders of the status quo. We've been failing our kids for far too long the status quo means that only thirty five percent of our third graders across Arkansas can read at grade level. Status quo is continuing to let a child that could determine the type of education they receive. Students will have access to high impact tutoring and this will be an intensive intervention plan for students or falling behind in literacy and math. We're going to create career ready pathway so that students can graduate high school with a diploma with a high wage high growth job in the state. We're also going to be creating the office of early childhood. And this allows to evaluate and filling gaps in pre K. programs across the state so we can help get kids kindergarten ready. And finally it is about time that we empower parents to choose how their children are educated in Arkansas and not put a one size fits all approach on every student. This bill will allow students to go to school that meets their educational needs whether that's public school charter private or home school as we heard in testimony yesterday this has been life changing for families across our state. This legislation creates education freedom account so every family can choose a school that fits their child best it will be a three year phase in approach to find students available for children in areas with high need and referred all families will have universal choice by the twenty twenty five twenty twenty six school year. Members I'm happy to take up a couple questions I voices been out for the week and and I know that there's several of you have comments that you want to make and I want to be respectful of everyone's time in this chamber so I'm happy to take questions and then and be ready for for and against debate thank you. Thank you Senator Davis anyone had questions about the bill for Senator Davis Senator flowers question. Thank you governor. Senator I have a couple questions at least right now and I regret that I haven't had the. An opportunity to finish reading all of the bill. The I understand that. that. Bartending schools that have integrated. We are at. We'll have an opportunity to choose to go to. Another public school. Our. Home school or private school or charter that's correct. I am in year one it's at schools. In year two U. it's TTI and half. Is there a current list. Both the. School for because. I thought in our last session because of covid. There was a policy that was implemented that did not go to school. So is there a list now of the and at school. Department and why that information yes that those are that's public information and department that has information. This. As I understand yes Senator flowers or is I know what you're talking about with the code video but and yes there's a list you know when they were last graded schools. And I think that we give them like I weighed one waiver year. I don't know you know I was struck by the language in the bill. That reference the school. So I wanted to know. When is the last time we grade school. They had a waiver year but everything should be back on track this year as I understand it. The report from last year. Is that still the report this year this year yes so that will have not there is no current list of DNS. This is that. I think we just wavered then for a year and so there's no less so there will be a less at the end of this year. And then. I'll limit my question is I have. Read this whole bill but I'm quite concerned I've got a lot of. Feedback from constituents in my district. But you know. I'm complying. The resident council. Among districts dollari in public school district. I have been in an out of state technical. Hello this is bill under state takeover. At. The last secretary. And the board of education attics Dollaway. After five years. This state takeover. The school. Which will take over into. I'm trying to figure out what. This bill. Speak to in terms of those students. In that district of the state takeover right now. And. If they have a report. Of. And this is all to go maybe White Hall school district. Is there a limit. what White Hall school district can accept. In terms of the number of. Some of failing schools. Please check your response yes thank you senator flowers said we have lifted the cap on public school choice if a school district is at capacity and cannot accept students they can turn them away they're not forced to take students they don't have capacity for. So we so there is no more limit on public school choice unless schools are at capacity to take those kids. Provision in the bill that talks about that actually thought and districts like yours would be excited about and that is another intervention that allows them on their own terms to enter into you a contract if they so choose and with the charter third party and to. And before they go in the state takeover so we're looking so this bill specifically allow schools another and layer the for the state comes in and takes over and we want schools to be in charge of that and be able to handle that on their own terms. I might have one follow up governor you you may thank you. My other concern is. The school. The school district and the school district. As well. You know Alzheimer's school district which has been closed after state takeover for many years what we have to let. The of the sophistication bill back in two thousand three two thousand four. Well I'm concerned about this property. That tax dollars. And I paid for. My labors and members of the school district thank you for. I just. Given what. Of with very little money. No where near market value. And I want to know. If there is a provision in this bill. That would allow the taxpayers. That pay the taxes for the middle of this the biological property a building the to get it back. Free of charge. I think I don't understand your question that can the taxpayers in those counties paying property taxes get their property tax money back the money we want the property back. The school property that use that to be in the. We were. The following is a vital. To get to the city of Alzheimer's Alzheimer's school property last year the year before governor Hutchinson was in office. And we were gonna get the buildings that were on the campuses and in the end. We only got the lan the Bill. We're taking out of it I suppose by the. State of Arkansas to the take over. And we can get the. Of the use of those buildings that we also pay for so what I'm asking for. Try to make a claim. Is. Well. The tax years that paid the is that is the property. These school facilities with situated all. Have a right to get it back for use by that governmental entity where the. What. Thank you senator flowers for clarifying that for me that is not part of this bill. I'm happy to continue the conversation with you and after this but that's not part of this bill thank you. Senate you had a question and answer Murdock. Thanks for taking my question So like. One of the things I've been concerned about is our economic times are tough economic times with a lot of. Lows around money people relied on credit cards now bill and Connie slowing down all that so looking at the big picture in the budget which I appreciate you bringing this bill and you know anybody that steps up with a big bill to change this deserves a lot of credit for doing that but so if we look you know I look back to two thousand nine two thousand ten when our state continue to spend money in RSA increase spending you know more at a time when ever the whole country at that time is in the session so then later in ten We were looking at a short call the governor at that time was using in their different agencies that have lost or short. We're going to be increasing baseline spending in education we're going to be increasing baseline spending in Medicaid we're going to be increasing baseline spending in some proper corrections. You know you decrease it with tax cuts. The time economically look in a year right now with some of the surpluses I mean I'm a farmer you know I think today we look at the next political year and I'm not saying you're not on this I'm just saying that's just politics today we don't look for five years down the road all this new money. Capital growth all those things those concerns and if this is an across the board this is across the board in Medicaid it's across the board corrections at economic times where I don't think things are going well and I don't think you're going to wind up so. I mean concerns of counting on new money. That happened to it actually gets injured I mean why are we not decreasing spending and some other area to help pay for this. So thank you for that question and I have a few responses that and first of all for actually months now and I know Senator Dismang Senator Irvin have been extensively meeting with budget folks and Senator Irvin working through adequacy and all of that like there's been extensive work to look at the numbers to ensure that they are sound fiscally that we can afford this and we put protections in the bill to ensure that the numbers that we came up with and that we have the money and that those numbers were capped seven the first year phase one and it's capped at one point five percent here to three percent and then your three and beyond there's protections in there to ensure that we effectively administer the program based on money that we do have so we have protections throughout the bill to ensure that we don't spend money that we don't have and that every dollar that we're spending like on teacher raises we included at benefits in that so we had a true cost of what this would be and could ensure that the state could continue to pay for those raises for teachers and all the other and many all the other funding that's going to be required in the bill so there's been a lot of work by a lot of people to make sure that we've done this well and accurately and we've gone above and beyond to ensure with those protections in the bill to make sure that and that we can pay for this and and I want to say one other thing like. Two thirds of our kids cannot read at grade level in third grade and tenth grade it's even worse thank you we have decades of data assets like supporting that we're failing our kids and at some point as state leaders. All of us in this room have got to step up and make a substantial change what we're doing to address that to support our teachers to support our public schools and that's exactly what this bill does. I understand that and I mean that's why I'm not critical of that I'm just saying in my budget policy looking at these times going back to nineteen if you're increasing and count on the money a hundred fifty two year or down the road I think they should be corresponding with appropriate cuts somewhere else so that you're not counting on that I mean if god forbid the cost me. Get twenty more Senate is have situations which is over Hey I'm a former I'm a pessimist were next so you know what if what if instead of six point three billion dollars only five point seven billion and we still have the same thing I I commend the thing of our agree with you on that I just think if you're going to have new money in my policy if you look at my bills and I'm trying to do it's all about spending less money it's not anything that spending new money if I do something this means new money breaking news that it's going to cost seventy two million to go up your I need to find somewhere else to go seventy two million down there that's what I should do if I preach us to do it if I don't I'm sure no one will point out anything when are contradict itself but What a this. Your vote is live. They're just waiting on that the way the way the second party is going to thousand six one around for the things I'm I'm very happy about is that we can even have this debate here in the mid two thousands two thousand six you know I put in said I'm for Valentin's way back when when you can even talk about it and you have to go out to defend yourself the big problem I have with about your problem right now and I said I supported was way back in two thousand six when you could even talk about me as much as courageous criticism you get today back then it was much worse but. My thing is and I'll share concern with your committee your answer is have the balance on the back. And I know that's not as broad and does it may be taking a more cautious approach thank you have a hundred you know for example kid makes a twenty eight on a city of thirty one they get so much to scholarships yet on the back in in the two thousand server someplace I can remember where is that they have programs for people and Tucker economic situations rule areas where someone did what they did and what they did and then the check in the use of for the next year so we have a result after that and so. That is a question about the bachelor party that gets more of a statement that I think the bass Reports to be on the back to me and not the not the front end so much you're going cost is on that the second thing is in the situation I'll bring up it's been a big issue was a big issue my campaign and everything is in your ear but it you know at this because of their or budget GI money went to their he got all that going to all that situation the idea an opportunity that we're going to have maybe a possible situation that money goes to a situation like that place can have a K. twelve the with the foster child with special needs child. I'm just telling you after being involved I was not involved in that but I was around an audit chairman and bunch of other stuff but that is a very scary situation to look at turning over money to a situation in a place like that. FOR voucher system. If they do that it takes three years to get accredited they can start something. But they could start something right now today. And it takes three years to get accreditation I'm sorry I don't remember the process to get accredited and stuff can I start with getting rid Arkansas. If they've started the accreditation process but they have to show like they have to be approved and and there's several metrics and that to even start the accreditation process so no like I could not start today and and so I'm looking to get accredited and then at the school you have to be approved to even start the process of being credited so this and and education freedom accounts are not even in the same ballpark because G. I. F. that those aren't even the same conversation so I just wanna make that distinction very clear like and in these education freedom accounts first of all we're and if the payments going directly to the provider and it's paid out quarterly of our flocks of four different payments. And it's based on specific things that money can only be spent on very specific things it is what it can be spent on a qualifying expenditures and and non qualifying expenditures there's also going to be yearly audits and Random audits to ensure that those funds are being spent on exactly what they're supposed to be spent on so would really have and on and protections in place to make sure that this is going to educate kids that we know where the money's going what it can be spent on I want to say just like one thing And on savings like as money continues as we continue to roll out this program and the department that in secretarial leave a are fully committed to taking a critical look at and all the money that's being spent within the department and looking at existing funding to re purpose and re direct and that that funding so that they can make this a doable program. That answers my question I mean in a situation like that they could apply to that process is that the looking weed things out and have situations. To certain situations absolutely and it's the process that's already in place right now like there's a very structured process for that stays in place and so yes okay and the third thing is one of the biggest things you know the rules this is one thing that never lost about process down here to talk about a change in the status quo taking on these education things which I think is commendable to what we need to the only thing is about the status quo down here is a different thing Russian stuff three and if you will help me I do not like the rest. And listen I. The deadline after six months six days six hours. The people of the yes this is still gonna be against. I do think there is something that is a big issue to me and serve that I preached about and something I've never live and people back home. Even people may agree is the Russian through this thing in such a big man and an opportunity the people that are going to be against it the critical. Six months. Twelve hours a day you will be against the packet that but the Russian Far is a big issue to me. I preached about everything about trying to slow down the process and actually no and you know this one is. A big thing in the area that I have previously on here for years no matter what. Thank you I mean the with this we are following formalized data process and this like we have been working on this bill for months and sharing it with members talking through it like we've taken and literally hundreds and hundreds of comments and feedback from members on adjustments to be made in this bill before we ever even filed at the governor's than talking about it for two years I campaigned on it and like we have been very clear and transparent should a press conference like close to a month ago there and released all everything that was going to be in the bill so my response to that is that nothing in this bill is a surprise nothing has been a secret it's been very much out in the open it's been talked about in the news in the media every single day and so and we are continuing to work through comments from members and take feedback we have worked with educators we work with superintendents we've literally work from work with people from all different walks of and educational at field on this process And and gather feedback to put the bill together today. Read I have been you guys have done that in the overall direction says an out of beers and stuff my my my biggest issue no. Waiting another week to get some things and what is not a big issue on this kind of a big issue and like I said I have want to know me like I come down here right from the start even though it's unpopular say Hey we went through this with Medicaid expansion rush through things this is not if this is been a more clear debate about what's going to happen probably than that is and so anyway that's the three issues that I have thank you senator king senator Murdock you're recognized for a question. thank you senator Davis of for bringing that takes a lot of courage obviously to. Take on such an undertaking and standard for. The body of the body. But but but here's the situation as you stand there and take on the issue you're ready for that. The process is a bigger issue S. the legislation. There are many things This Is legislation that most of us agree on. We're happy to see mention anything very important to a lot of communities around this state. The event have not heard posting in pass legislation that has been very important to us. The process by which has been chosen to do this is what the bigger problem you say everything is going by the normal legislative process. I disagree with that and I think many will. We met. To include this many important topics in one piece of legislation and voted on it one one vote that's very very different that you must acknowledge correct we haven't done one piece of legislation now it's all dealing with education it's comprehensive education reform we would disagree on that. One one package of so many different things of this matter you're correct it is the education bill what the issues are so let's go to your presentation yesterday to the Senate Committee. That meeting. You exactly what I'm talking about you that they're only with that agreement that you would amend this bill in many different ways. As it goes for. Without that agreement senator that. Okay that. And that's that's that's the complicated part of this many people that want to vote for this that you're process has put in a situation. The enormity of this bill. The complexity of this bill the many questions that a deal was a large part of the problem. I like many things that you see in many of the but you can't vote for the government to be worked out. Because the vote is not finished. So what I'm saying what makes sense from a process standpoint because a hundred thirty five of us have to make a decision but we're hearing from three million. Bills for phones are those points that we should consider when you say when we filed this bill this is not. At five o'clock one evening and. Forty eight hours later you presented to the committee to pass for passage. That is not normal Senate bill eleven that's not normal. And. Leadership will do what the man. You. Our ministration who have put this bold piece of legislation for what is behind this they had. You have. What you can say. Is one of. As a member to ask questions or speak against that we have time to speak against later. Well. It's a conversation I pledge to do not to stop the situation so what might be her. I would I would encourage all centers as I stated at the beginning of today to ask questions about the bill there will be time following questions to allow for advocacy for and against and so I would encourage all senators to. I have a question directed to the Senate. Senate bill sponsor about the actual bill is thank you. Senate they would consider with the situation that we have please put the bill down until all worked out and consider the and renew bill back to the Committee with amended as it should be so we can move properly would you consider that that's my question and now Senator Murdock I will not. Thank you we actually it is been I've been very public and very clear even before yesterday. And I'm not allowed to respond to that. AT I would respectfully allow Senator Davis to answer the questions you senator and I believe in explaining our answer and so. If senator Murdock if you wouldn't mind to allow Senator Davis and then if you would like to follow up we have a great one as long as it's a question about the bill. And I've been very public and very clear even before yesterday that there would be an amendment we want to make sure that it's one amendment so it's clean everybody understands it and knows what's included instead of trying to amend the bill several times so that yesterday was out of respect like we have the votes to pass it out of committee but that's out of respect for colleagues because we value their opinion on what they have to say and so we had a lot of conversations about it and and I told Senator Hammer I said I've already said publicly all week and that an amendment like that's what we've talked about and so I have no problem with you saying that talking about and the issues you want to see address and I'm willing to stand behind you and say yeah that's exactly what we're going to do I'm willing to say that publicly and that's what we did yesterday and we've been working on that and that's exactly what we intend to do this entire thing has been worked in total collaboration with the house and in the end every edit we've made everything that we've done has been agreed on both both chambers and we want to continue that collaboration and partnership with the other chamber. Follow up question yes. What state. This is not meant to be adversarial it becomes that way in this situation so you answered my question I appreciate the question I think that still would clear up a lot if you would forfeit it thank you that's all thank you any other questions. Anyone wish to speak again. Senator Chesterfield you're recognized to speak against. Thank you madam chair ladies and gentlemen of the Senate I shan't be labor this I had the good sense to go to ninety Boris prayer before coming down it says simply god grant me the serenity to accept the things I cannot change the courage to change the things I can and the wisdom to know the difference I know that I cannot change the votes of the individuals in this room but I would be remiss if I did not say process matters. That each person in this room represents approximately ninety thousand people thank you we should all be treated with the dignity and respect that comes with membership in this body and I say to you today that has not happened. It does not happen. There are members of this body who receives this bill or an outline of this bill as early as Friday of last week. I received the bill approximately ten after five. And so I rushed and tried to read this bill. People have been able to get up today and make all the speeches they wanted until senator Murdock got up and then it was a point of order. That's unfortunate. It does not bill the camaraderie that is deserving of this body. This is the Senate of the state of Arkansas. And we should all be treated with dignity and respect and as much as possible. With the quality. There are many good things in this bill. Pre K. I visited with the governor about it. She not only listen to me she heard me and put some things that are very important to me in this bill. She and I agreed that we would not agree on everything and for that I thank her. I thank her. Nevertheless there are things in this bill that I cannot support and because it all is one bill. It makes it impossible for me to support pre K.. Teacher salary increases it makes it impossible for me to support the trauma teaching that must take place a trauma awareness that much take that must take place for our teachers were teaching our kids and they needed every day so I want you to understand that I did not go into reading this bill with a negative attitude because people say you're disagreeing for the sake of being disagreeable I have read the bill. What if you give first year teachers a fifty thousand dollar raise and take away the salary schedule that says to those who have labored in this bill fifteen twenty and thirty years and never made fifty thousand dollars. You're only going to get two thousand more. There is no salary schedule. There is no recognition that toiling in the field makes a difference and I know people say that I've been told that the data says that it does not make that much difference let me say that only an education is education not matter. Only an education does education not matter. It doesn't matter and if you want the camaraderie of the classroom those first year teachers who don't know how to set up a classroom. Who don't know how to engaging classroom discipline I'm not going to enjoy the camaraderie they deserve because they're making the same thing somebody told thirty years to make and if you think that's not true you're not dealing with human nature as we know it. We've done away with for dismissal. I believe there dismissal in any organization is critically important I was somewhat reassured yesterday that teachers and support staff have a property right so they have some rights under the law. Ladies and gentleman when we give public dollars to private schools there's a problem. We don't have the same ability to monitor those schools and we were not reassured that they would be held to the same standard. As I said there are some things that are good in this bill. I appreciate you. Allowing me to speak with you this morning. I will be voting NO. It got his grant me the serenity to understand thank you so much ma'am. Thank you senator bill speaking for Senator Dismang you're recognized thank you I members and I think it's surprises anybody that I'm supportive of the bill and expanding educ educational opportunities in Arkansas there's a couple things that I do want to say because I think we should say publicly and in part of it I think Senator Chesterfield addressed and that's the removing of the salary schedule from Ark Code the expectation is that districts will take that on they already have a schedule typically if they don't then that already is an issue if they're just at the hearing to the minimums that we have in place right now for instance many schools are our state law only goes to your fifteen is what I understand. Many schools go well beyond that with their salary schedules so again my expectation is. And I hope that we hear back if there is school districts that are abusing the removal of this that we hear about it. There's a lot of talk about local controlled whether or not we should have or not we're restoring some real quick local control and local authority to our board members and we're entrusting them as elected officials to the right thing with that is forty. We found out otherwise we do have the ability to I think tighten the reins additionally and I think this is a very good point has been brought out a couple of times is that the increase that is Nate needed for those that are not teachers are bus drivers they're individuals capture your workers that also deserve to have a pay raise especially in the environment we're in that is actually part of our adequacy is not a part of this bill and there is an increase again that we're providing to districts inside the foundation funding for that and I'll say this again. The intent is not to micromanage. If we find out that that is not occurring then we do have the ability to take that into our hands and do something so I guess in a sense I want to say that that is a commitment that I have as this process moves forward I would also say that one of the things that. I'm relieved to hear is from superintendents in this state that have read the bill get to the part about the vouchers and are shocked with what the god the guard rails are they didn't expect them they didn't know they were going to be there that's both for the private school and for the home schooled student's that would take advantage of the accounts as far as the cost I will tell everybody in this room and I don't think I've. Been shy about saying if there is a tremendous costs for the majority of that going to public K. through twelve education. That we're going to have to be responsible for if your response I mean if we are wanting to take the reins in making sure that kids are reading the way that we should this bill puts dollars out there to do that and as that in showing the commitment in our states resources to do that. That will come at a cost we're not in a vacuum to senator kings point that means and there have been some appropriate measures in the discussions of our say to wind down some of the areas of expenditures but also to make sure any it will throttle what we are able to do and how we exabyte the income tax cuts here in state of Arkansas but again we said this was a priority and I agree with that priority. again I appreciate the time I just wanna make a few comments felt like I should because I don't want there to be a misunderstanding of our commitment not just to a salary schedule for teachers and the understanding that we will be looking or boards are doing but also for those other employees the district's. Question thank you senator this main questions for the senator this man. Murdock you're recognized for a question thank you. Senator what have you been a part of the discussions as relates to the finances the financial part of this bill now and ongoing. Yes in recent weeks I've been a part of the conversation not just with this but also what we're doing in regards to adequacy in the total increase in spend for your education K. through twelve education I believe the appropriate Charles in place for year one into my major concern was about year three when we went to Universal the estimated amount that we plug for that would be a hundred seventy five million the course of your thinking about that those are students that are currently being home schooled or students that are currently in a private school that be utilizing the program my major concern because that that's a number that we don't know you know there's not enough information out there to know exactly what the acceptance is going to be what private schools are even going to want to participate with the new requirements by the way that I will say again superintendents of pointed out to exist It's the expectation is we will cap that through appropriations that we would not exceed those amounts and there's a provision in the bill that it then allows the Department ducation to state how those that that capped amount is to be utilized so as it relates to my school district and some of my the concerns that I hear is we talk about that salary schedule the school districts to have in this fifty thousand that's coming we're going to fund for them that initial part so when they go to manipulate their salary schedule to take care of those veteran teachers and then that's going to do some of that may be eight a consequence the this body may not be taking into account but some of those districts that can't afford what you're going to leave them with so if there is a size fifty. They don't fix the salary schedule to take care of the veteran teachers and others are we going to also support them with those salary issue yes my understanding in both the house and Senate version which is being blended together for adequacy there was an increase in that line item the bill also goes further by requiring that if you're going to participate in the two thousand two thousand understandings right that you're gonna utilized eighty percent of that line item which you're allocated for per student actually on salaries that is not always the case is I think you know unfortunately in certain districts and so again I think that's one more appropriate measure for us to consider again I don't like to what we're having to do on the top down approach but again we're we're pulling some of that back by removing the required state salary schedule in in hopefully those districts would take advantage of those new dollars the eighty percent requirement even will do more I would like to say that they will do a hundred percent of what we allocate but we understand there other needs at times in districts. The consideration to make sure that we can find this. Four years absolutely that's a major concern of mine I think anybody in this room will tell you I'm I'm fairly bearish I think typically in my approach to to how I. T. if you know the state budget and how we spend our dollars. Senator. Tax cuts. And we're. All the tax cuts and not. This time as we look forward to the future Our dollars so that we don't end up with a situation like we've seen other states we will not end up in a situation like other states because we as a body and we're glad you're part of the Senate now but this body this Senate committed to holding the line on spending in the past not just on spending but also in savings and so we do have a backdrop and reassurance that if we do and go to bed you know rough times of those dollars there to back us up and it doesn't even use the right to access those funds unless that downturn occurs and so I feel comfortable in our backstop that we have that being said also I think we have to be prudent on how we spend ongoing dollars in what we do to those ongoing dollars three tax cuts in the state and I think you're going to see a good robust and healthy debate on what we do for the budget as a whole and I think you'll find this body to be very deliberate of on the scene and on how we do that thank. Okay maybe urban the other question was not on my go but let's go for it. That. Under this plan yet just just briefly you've been in discussions with the Senate and the house on Blanding adequacy recommendations and from and my work on that but our work together on all of that. This is the teacher equalization salary at categorical fund it it remains in place is that correct that's correct so that was increase just from twenty five million in FY twenty two to sixty million FY twenty three sixty one point one in a five twenty four and and and more yeah sixty one point six one two that is not true okay now go head yes you're right not sure though that the teacher equalization salary fine actually also helps veteran teachers increase their salary to get to a higher yes there are tools and resources that are going to stay in place the fifty thousand two thousand will be new money that's in a separate pot that we drawn from based on application thank you. Senator flowers you have a question for Senator Dismang. Thank you governor state thank you senator. Just a couple questions. What about this okay. Where. We anticipate. The Department of a budget. Coming up we're working through preparations now I mean I think they've into submitted this program will have a three minute three hundred million dollars spend part of that will be paid for through the adequacy fun part of it will be three new money I mean what I think you're asking and I and I into is a presentation of the balanced budget from this administration of course have the one from of governor Hutchinson's proposal but we are still awaiting and how all those pieces fit together for a balanced budget budget proposal from this administration sought I can't answer what that's going to look like when we're going to get it because I I do not know. I think I think that no ma'am. The other thing about sensibility okay that yes ma'am what what what are we doing there and. at least one call from one superintendent. About a project that was existed I know representative may very have the bill doesn't address his concerns okay but like to know. For me What will be. Available. For projects that were awarded. The approved. Hi facilities division. That have now come up short because the cost is incurred as inflation and that's. Change in terms of a sage yeah. Can you speak to that that's a policy that we're going to have to sit and make in this room I can't tell you what that exactly going to look like. I mean the there is at least some early thought and what I think that we should do is set aside a sizeable amount of money from what we currently have in surplus for facilities in the state and I don't think it should just be for one year's worth of expenditures but multiple again we'll have a discussion debate about how we do that in the chamber I don't think we're there exit on the conversations far enough along but this bill doesn't address facilities in that way but I do believe that that is a conversation we're going to have to have and there is some What one last at the. You may have one last question. Thank you governor so does my thank you for taking the I want to know about. The part. That's all finance all this in this bill. This. Rezar. Is it portion of this coming from the adequacy fun was still tell you it's growing at a rate that would be able to afford it in in the you know and not stopping had I do not. I'm sorry and what of the fine the the other would be new money that we would supply through revenue stabilization. And there are some additional money for instance for the tutors that we would use our funds it's allowed expense and so the first couple of years for those intensive. What is it reading teachers coaches active member the term for some of that will be funded through one time money through our public again I'm just be honest at which we'd already done it was allowed in the past administration they should take advantage of it this one is and is part of what you're saying in the in the plant. And so The distribution of all these monies and I'll leave some of the reserve fund. Out of the reserve funds the facilities I believe should come out of our general if funding and again we're gonna have to that discussion about that I am not aware off the top of my head or of not privy to anything that's coming out of general on or whatever to treat this I think there is a reasonable attempt to make sure that everything that we're doing can be funded through ongoing revenue not one time funds that's the go again I have concerns about your three there were some throttle is put in place that we discussed and I think we'll be there. You don't. What fun we had left. governor did this term expired which what was it. Would you agree right now that if you're talking about the general law meant which was not the governor's but something that accrued over time that we were not able to touch that legislation until now is that what you're talking about the current surpluses bill to. They're all given that the list right now but it with the money that the state of Arkansas has now that's right. You call it. Yes. No. The Bill. Yes if you if you combine all the pots of money it would be. I'm sorry yes if you can find all the pots of money would be billions of dollars yes. Approved. That we have a set aside that is not been spent okay and then my only my only understanding is not even a part of this bill but as it relates to education there will be a. The thought is to set aside a tremendous amount of money for civility standing not just to pay for this current years need but future needs for several more years but again that's the only money that I'm aware of and and I'm I'm sure there's something else that I haven't recalled but that can think of now that's tied education but again that's not directly tied to this bill. What is your. At two. That. On goes on like this. We'll still have billions of dollars left it all depends on what you as members decide to do I guess I was trying to be cautionary and what I was saying earlier not just in relation to tax cuts not just relation to parole reform whatever it may be there are some pricey items out there there's number of you that have Medicaid bills for instance they have a price tag does all all those things have to be taken to account as we develop our budget in the state we said because it's one of the first ones out of the gate that we're going to prioritize education. Right we have to do to some degree but we're doing above and beyond in this particular bill. As we're working through the session we're building that and before we get the balance budget from the administration all of us need to committee keep in mind and maintain our priorities but what I'm trying to say so we don't know yet many you could file a bill tomorrow that increase Medicaid spending by half a billion dollars right I don't know what you are going to do I'm just accessing that we be mindful about what it is we do. Thank you thanks speak against Senator Hickey you're recognized. Thank you governor of members Senator can you comment and I agree with a lot of what you said but one thing that you did say is you said that if a member was against this bill now more than likely they would still be against it six months from now so so untrue for me. The thing is the thing is is there is a policy thing in here that I would like change for more accountability because of taxpayer money going to these people. However. The main thing is and I've only got to about Pitsch forty because when I say I read a bill. I don't just read the bill I sit and study a bill I try to think about the unintended consequences I try to figure out you know what else needs to be added were something may be contradictory I hope I approved that to everyone of you over the last ten years down here. I try to do that that is my job I asked for more time because I could sit here and I have a multiple multiple issues were an amendment needs to be made. Most all of them are not going to be controversial and you're going to hear the thing will we're going to do all of that in the House. Well this is not the House. In this corner of the bill it says Senate bill. That is our responsibility that is our job to do. This body allowed me to be pro tem FOR took the two years before Senator Hester and I will tell you right now. I have had a different attitude over the whole thing that I'd ever had in my life because of what he has to deal with so this is no reflection on him trying to get this through. At all because he's trying to manage multiple of you behind the scenes that are irritated aggravated and that have all type of different opinions while at the same time trying to manage the executive branch and then trying to also deal with the House. However. Even if you agreed with every policy decision that's within this you need to hold it up I don't care if it's for five days or whatever just so that we can get the amendment put on in the Senate. And then send it down to the house because if we say that we're going to get the amendment put on in the house if they get down there and there's one part that. Everyone of you all Senator pay no more just you using you as an example. If you have that is important to you and we all thought that that should be on there well they get down there and I say well that's going to make it so that we don't get fifty percent down here we've got a leave that all. Then at that point the House controls the Senate because the next thing will be usual say well we've got to come back in concur with it or not a person in this room that does not think that we are not going to pass this education bill there's a ton of it that I live. But when it comes back and we've done heads sixteen more arguments and fights and got more raw to each other you know what's going to happen we're going to say just pass it out and let's get out of here I'd ask you not to allow that to happen today I would ask I would ask you today even if we can come up with the time I don't care if it's this time next week that will have the amendment done put owned and run this thing out of there. That we at least let that happen thank you. Thanks center hoping to speak for. Senator days you're recognized. Thank you madam chair. Thank you members. I'm here. As a regular guy if you will. A business guy from a community that on the campaign trail I got this question a lot where do you stand on school choice where do you stand on this topic I think I got this question more than I got really anything else and I can tell you that the perspective I bring. Is I think a little bit unique in that it's my understanding I'm one of the few that has a a child of my own family five or under. And so when I think about this bill when I think about what we're trying to accomplish. I viewed from the from the lands as a father with young children. And the future perspective what we're trying to get done here across our state. I know we all have that focus take care of the state but I personally am excited about what this bill does. In reference to the speed in which we're doing that you know there's talk about the normal legislative process I don't know the normal legislative process I've been here seven weeks. But I can tell you this is I think about the old adage that says you know when's the best time to plant a tree. Ten years ago or today is the second best time I do that in the same context is this we are we're talking about Russian this through we're years behind it should've been done before I got here should have been done years ago years ago. And so I get the the angst about about some of the process but I can tell you people that I represent back home I have been waiting for this for years and I'm excited to think about my own children. And the young children coming into our school districts to have finally have the ability to push since this forward and so it gives me confidence to say what I've seen and what the conversations that I've had that people are ready and have been ready for this conversation. So that's why I am for this that's why and for us to keep moving the ball forward change will always be hard. And we will probably make mistakes here and there as we go but if we don't continue to be leaders and push the ball forward than we will ever get across the goal line it's so I'm thankful before this bill not for my own family but for everyone I represent back home thank you. Thank you anyone wish to speak against Senator Leding you're recognized. Thank you madam president that's what I focus on on two things I was have a lot of concerns but I want to address the I want to keep hammering on the time frame but not all of us were given the opportunity to be able to go home and talk to our schools about the details of the legislation and I tried to get a copy I know that wasn't necessarily the sponsors decision but we were all afforded the opportunity to go and talk with people back home they're going to be affected by this and be able to explain it to them and we're all honored with the responsibility of representing people and regardless of my opinion of the underlying processor all right or policy I want to be able to answer the questions and we weren't able to do that and again I know there are no surprises I said that in committee yesterday It. Almost seven years ago when my wife was pregnant woman surprised nine months later we walked into the hospital without a baby and came out of the hospital with the baby but let me tell you there's a big difference between knowing you're going to have a kid and having a kid and so it's it's not that there are no surprises it's knowing about how these policies are going to work the other thing I will go into as much detail Senator Hickey did but I do share those concerns thanks to sincere and constructive bipartisan questioning committee yesterday there was bipartisan agreement that the bill needs amending before goes down to the house and again regardless of my opinion on the underlying policy I want this body to send out a bill that we can be proud of that is well constructed we have plenty of time everybody agrees that this needs to be fixed the Senate is its own chamber and its own branch of government and there's no reason that we can't fix those issues here before sending it on to our house colleagues about how much space we have and their ability to fix it last thing I want to say is we talked a lot about competition and how we want our schools to compete and that's great for talking about sports but it shouldn't be when it comes to schools competing against schools we we want innovation as bill elementary back in Fayetteville is incredible school it serves a very transient population in a low income part of town but they have the top growth rate the district thanks to the statewide the school wide plan the schools put in place in fact the plans been so successful the replicating across the district but because of the community it serves as bill is always going to be climbing a steep hill than other schools. That's fine they're innovating and the collaborating with the other schools in the district by replicating this plan elsewhere what we're doing here is creating a tiered system where some schools are gonna have all the equipment they need to go out and compete and aren't necessarily going to have to abide by the rule book you're gonna have schools you won't necessarily have everything they need to go compete that are going to be bound by the rules and I don't think that's necessarily right we heard some questions yesterday pointed out that if a school in a Sturch struggling student goes to a private school but continues to struggle that private school consent them right back the public schools. I don't think that's necessarily fair and that's not fair especially for talking about competition because our goals policy makers should be to sure that every kid everywhere has the same access to the same excellent education not carve things up we have a tiered system which is going to put some schools in a better place a bit give them more advantages so. Again my opinion on the bill my votes not gonna change but I would like to see this body hit pause but some amendments in place so that we can send a clean bill down to the house thank you. Senator Clark. Wants to speak. Recognize Senator. Thank you colleagues will say first of all I can't say how thankful I am for a governor who has this much wisdom foresight. Encourage. to help such a education overhaul. No in my dad is teacher my mother was a teacher in. Meeting with and working with teachers from the time I first started campaigning ten years ago. Our with educators we have there's no reason we should be at the bottom. We should be competing at the top and I'm glad that this governor believes us I'm glad that you believe this. A lot of what's in this bill. I've been fighting for helping lay the platform for for years. The bigger things in that a lot the disagreements I have I will mention because we're all going to have some disagreements. we're not all going to be happy only ever point when it gets done. That being said. All the senators to talk about process are not only have. You know there have. Those of you that are senior enough to have been here tell you about one experience I had. Two sessions ago right a bill to the Senate Committee running for the Senate got down to House Committee young Democrats certain right down here services also president Mosby bill was opened for questions he said center on the second paragraph does your bill say so and so what was against everything that the bill was about. And I thought well of course it doesn't but I will go down and I read it and I'm ready to ensuring and setting straight an operated against. And I said you're right it does say that I will pull it down and take it back an amended I don't that's what the little bill I don't care and we know this I've learned to respect this process that my friends and my opponents find things that make my bills better. Because there's things I didn't see things I didn't know. And. As important as a sales we've got to get it right we can't afford to fail and what we need the feedback from our educators we need the feedback from our legislators we need to go through this process the right way. And so for that reason I am disappointed in the way we're doing it as much as I love the bill. Thanks required to. Speaking against. Senator will speak for will recognize Senator Blake Johnson. Members. I spoke to. Some in this chamber about process that. Do not like the speed. I went to R. protium. And got an argument with him this morning. But the process. Is on the sponsor. I made my recommendations I wouldn't do it like this if I was a bill sponsor. But I went to the bill sponsor I had your back in that argument. When I went to the bill sponsor and I said Brianne is is it pressure from the second floor. Is it pressure from leadership. And she assured me not. So Brianne. I and I ask this body of as Majority Leader. To have the sponsors back. And that's how I'll be voting it's not how I would do it. But it's it's hers and she's a part of my body thank you. Thank you senator. Tucker you're recognized to speak against. Thank you madam president like Senator Clark although in a different way my my comments are really going to be more on the bill I first want to start by saying there's a lot of items in this bill that I not only feel okay about but I genuinely love teacher pay paid maternity leave strengthening early childhood education transportation. the focus on literacy so there's a number of things in this bill that I whole heartedly support. Others for three of the things I want to mention today one is due process one is poverty and and want to comment about teachers on due process the conversation this week has been even with the removal of teacher for dismissal that public school employees will still have due process if their jobs are terminated. I strongly believe that's not the case I'm not going to go into too much detail about that because I've had a conversation with senator Davis about this with the governor's chief counsel who Richey and also with commissioner Alleva and I'm very optimistic that this is going to be included as an amendment when it gets to the house but I want to this is my only opportunity comment publicly on the bill and I want to make sure this is part of the conversation because I think it's very important for public school employees to have due process not only if their terminated mid year but also at the point that their contract may or may not be renewed at the end of the school year that's a critical piece of this is very important I want to say that for the public record. what I want to thank senator Davis and complement Senator Davis and and the and Richey and and commissioner leave a for for hearing me out on that. Second comment I have is about poverty we've had a lot of conversations this week. I want to move poverty to the center of the conversation for just a minute. The reality is Arkansas the HIGHPOVERTY state and because of that the reality is that there a lot of school districts out there. That they're fighting poverty as much as they're fighting anything else the child can't learn if they're hungry child can't learn if their code. Child can't learn over the course of the school year if they move six or eight times during the course of that school year and I've heard of instances more than that with kids. And that's just the reality and and there's two comments on on that number one school choice does not solve for poverty. And I'm gonna give you an example there's a charter school operators here in Pulaski County called academics plus they have to elementary schools once in Maumelle ones and Scott. Same operator same curriculum same folks are doing everything they can to educate these kids school Maumelle has an a rating school mall and Scott has a D. rating. School Maumelle has twenty three percent other kids that are classified as low income schools got has sixty nine percent of their kids are classified as low income. School choice does not solve for property. We've heard a lot of conversation this week about. The fact that are status quo has failed kids and and I'm not here to argue that a two thirds of our kids can't read at the third grade reading level won their third rate sir status quo has failed there's a whole lot of school choice in our status quo right now in Pulaski County where I live about ten percent of the state's population we have a hundred and thirty four publicly funded schools by nineteen different operators so there's a lot of school choice already. Our promise myself I want to talk about the constitution but here I go again. In an article is a constitution that addresses education you might be surprised to know that the word adequate is not used a one word that is you included is the word efficient. and efficient public education and and I I think that the state has been subject to a challenge on efficiency with where we are right now. With really two lanes with traditional public schools in an open enrollment charters and now we're adding a third lane I I think there's a constitutional concern there now I'll I'll move on from the constitution but the other point on poverty is we have to do something different. Very different. About how we determine whether a teacher a school or school district to succeeding or failing. I know there's a number of metrics but by and large it's based on one standardized test and we've talked this week about how we don't want a one size fits all approach to education that goes the same for testing because our kids when they show up to school they're not one size fits all. The reality is that we could have a teacher that's the best teacher in the state of Arkansas but they're dealing with kids like the ones I mentioned earlier who are hungry or cold or moving once or twice a month they might be the best teacher but their kids aren't scoring high on a standardized test so they're classified as being in a failing classroom and the same analysis applies to a school in a school district we have to do something very different about how we're measuring if you lay the test scores on a map on top of another map of schools of a fluent in the state they're they're virtually mirror images of each other. So it doesn't account for the progress that good teachers good schools and good school districts to I'll compliment Commissioner leave a one more time we had a conversation yesterday he met with the little rock school superintendent Dr jim all right senator Chesterfield myself for more than an hour after the Senate Education Committee and I know it was a big day for him so I I compliment him for that too so I'm I was encouraged by that conversation that we are going to measure this differently but it's critical that as we do this work moving forward that we take into account the way that could show up to school. My last comment is about teachers during the course of time I've been down here. Which is longer than. I would guess not when you look at it but I've heard comments over that time not for members but from people around this building who work in education that when we talk about education teachers are more concerned about the adults than the kids and that's a diplomatic way of saying they're more concerned about themselves and they are their students we've had. This is an unprecedented teacher raised for our cans there's no question about that now I love that part of the bill but we had hundreds of teachers show up yesterday and I expect we will again next week for house a. To argue for us does excuse me to argue against the bill now you may disagree with their position and not that's not my point my point is. That these public servants who are heroes in my eyes have shown up to argue against their own raises. As they think that's what's in the best interests of their students. So that's my way of saying and again this is not direct that members necessarily. I don't want to hear that comment about teachers anymore they're in it for their kids they're not in it to get rich and I'm glad they're getting paid more but thank god for the work that they do and that's my kind. Thank you senator Tucker anyone wish to speak for. Anyone else wish to speak against. Senator flowers you're recognized. Thank you governor. but been hesitating about speaking on this bill I'm a vote against it. And I've been hesitating because. I'm pretty bitter. And it's even though I'm in the Senate. I don't feel. Very much a part of this body I don't feel like I'm her route. And likewise I don't feel like. My community where I live. The street. The schools. I don't feel like we heard we cared about down here. You know the first day of session we had the little fourth district caucus. I ranked number two. Chesterfield ranks number one. But it was a motion maiden within get to choose. Based on our rank. To decide whether we want to go to the Legislative Council. I did. You know. That. That really hurt me. Been down here all this time. Practice forty years plus as an attorney I think I've added some value I haven't sponsored a whole bunch of bills in the last several sessions. No one that. It'll probably be an exercise in futility. Maybe it's me. But like I said. I become better. I've been through a lot seen online. Seen a lot of my children. In my community. Just dismiss. Seeing them in and out of juvenile court. AS seen their parents in and out of the penitentiary. I've seen a lot of horrible stuff. And it all goes back to our kids. I only had one child. And I'm so thankful. He's been able to. To grow up. And despite. All the. Efforts to. Did not I think. He and his fellow students at the dollar weighed. School district in pine bluff Arkansas. In another state takeover. Denied them the privilege that most of the other parts of the states that are not this call are. You know I remember when I was over in the house. And the president of the University of Arkansas at Fayetteville. Came to one of the meetings I attended in. They were talking about. Grade inflation. Dollaway these students had inflated grades. And so the presidency. They don't even consider Dollaway students. Grades. That they have to score higher on the ACT. No my son I'm very proud of. He's a graduate of Dollaway. Graduated college at Henderson state. Got his masters at Kansas state and now is the deputy director of the Colorado air and space port. And I know many of the children. Just like kill. From what. I'm I'm going to graduate nineteen seventy one the first year was fully integrated. But I had been over there. At Woodrow Wilson before palm of high. Great. Under the freedom of choice. This one black House student. How to set. It was no easy thing and maybe that contributes to my bitterness. Remember me and pushed. By some tall football player some white guy every time before the teacher came in the classroom sitting at my desk at the front of the roll. He come in there all the kids in the seeds any questions. And everybody start. I've gotten over it. Maybe that's why I'm not so sociable. I didn't get to socialize so I went back home. We had a conversation with my brothers and sisters and thank god I had so many. But. I go home every day. Every year. My school down there. I have been in an out of state control. When governor Sanders date was the governor. Before I was elected. All time or school district was in state takeover. Two thousand three. And I representative John. Student over there at all term. With a disabled child. Now mental retardation. Oppositional defiant disorder. He had this. Ninety eight as my. And we ended is compensatory education because school does so we all know home bad under state control. They don't have a clue about the individuals with disabilities Education Act. And I have to do it. I didn't practice in that area. But his mother insisted I want you. You know every day. Get up here. Either. One of the all my colleagues come appeared off the prayer. I have somebody coming in and off the prayer. You know. I remember when I was in high school. Before my senior year when it was fully integrated. I will say. In my humanities class in the literature part. What I thought not there was a black. And I want. And my teacher. These are great no I. This is a disturbing in the margin. I think it's only one guy. I don't think you'll understand. What he is about to. I don't think you understand. Under. If you can't treat children might. Down in gravy. Where they have no school no more because the consolidation. Everyone is. Can you also to be a write these laws. Our community. It. And it going to work. Watson said. Now what's going to happen. To my district down there pine bluff. That still under state technical. And that would calendar like. That was under state takeover last five years. Didn't get any better. I'm not getting any better. Secretary can come superintendent down there. Yes. And I told him. That lady was not qualified. It is like going years here. You are here. Because it's just going to be. Containing. In my community. It'll be a new York's. And may god help you. Thank you senator. There are no other speak for or against Senator Davis you're free to close. Thank you governor and I am going to just respect everybody's time I'm not gonna make long closing statement and I just want to re emphasize again that this is a public education bill and is the largest single investment that we have made in public schools in Arkansas's history is about teachers this is about kids this is about changing the status quo so our kids have a lifetime of success ahead of them. Able to be a part of this call you with the governor with the House her leadership and as being on board to get this done it's a really big deal I appreciate your time and and the debate that I ask for a good vote thank you. Thank you senator madam secretary please call the roll. Boyd. Right. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Clark. Kroll. Davis. These are this mine. Dotson. English. Flippo. Flowers. Gilmore. Hammer hi Hester. Hickey. Health. Irvine. Blake Johnson. Mark Johnson. King. King. Leding. Love. Mickey. Murdock. Payton. Payton Penzo. Petty. Rice. Rice. Done. Stubblefield. Sullivan. Tucker. Wallace. Any senators who did not vote to you wish to change or who wish to change your vote I want to begin on this side and then I'll go to this side says senators on this side Senator love. Chesterfield. No. Anyone else on this side of this side Senator king. Senator Teague is voting present anyone else on this side. Please check the board. Please cast up the ballot. By a vote of twenty five Yeas seven eight two not voting and one president SB two ninety four and the corresponding emergency clause are passed transmit to the House. Senator Hester you're recognized the members I talked about this will be in session it's kind of been a long day already I would like to skip the House bills I've spoken to the Speaker about that will pick up on Monday just move straight into the budget if unless there's an issue with that with anyone with any particular bill. C. ninety yes without objection governor I'd ask that we just move to the budget calendar that'd junction we will lead to the budget calendar. Senator Dismang. Thank you governor members we have one bill one amendment that we need to vote on first Senate bill one forty four. Remember when the Senate bill one forty four. Any questions for Senator Dismang. All right. Anyone wish to speak for against. Close to center has closed. All those in favor signify by saying aye. The opposed. Many. Senator Ingram members we're gonna have to batches because we have a group of Senate bills and groups group of House bills predominately these well thank all of our governors letters or reappropriation appropriations so I'm gonna read to the Senate bill list first if there's any like you you would like to pull up for a separate vote let me know they get so Senate bill two eighteen. Two nineteen. Two twenty. Two twenty one. Two twenty two. Two twenty three. Two twenty four. Two twenty five. Two twenty six. I came to twenty six I'm gonna pull out Senate bill two twenty six to twenty seven. Two twenty eight. Two twenty nine. Two forty. Two forty one. Two forty two. Two forty three. Two forty four. Two forty five all right so we're gonna vote that group of bills as a batch with the exception of two twenty. Six. All right with that one first. Any questions on Senate bill two two six Senate bill two twenty six by joint budget an act for the department of commerce State insurance department reappropriation. All right members sent. Not voting if you put me down not. Okay any objection to it rowing the boat. Good man secretary please well that bow it Bryant Caldwell Chesterfield Clark for all Davis these this mine's Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love Me the key Murdock Payton Penzo Petty rice stun sub seven feels Sullivan Tucker Wallace. Any senator would change his or her vote on SB two two six. Please cast a ballot. By a vote of thirty forty eight zero nine and one not voting. S. B. two two six. Passes. Emergency clause adopted as well thank you to the House all right members removed page two on your calendar and read to the city of any would like to pull out let me know house bill ten ninety four. Eleven thirty nine. A letter thirteen seventy one. Thirteen seventy two thirteen seventy three thirteen seventy four thirteen seventy five thirteen seventy six thirteen seventy seven thirteen seventy eight. Thirteen eighty six thirteen eighty seven. Thirteen eighty eight. Thirteen ninety. Thirteen ninety one. Thirteen ninety two. Then House Bill Fortino three. Thank you for any of those out of the batch. Senate bill two eighteen an act of the Department of Education Division of higher ed Education north always technical institute reappropriation Senate bill two nineteen and I Department of Human Services division County operations we appropriation Senate bill two twenty an act for the Department military reappropriation Senate bill twent two twenty one Max's apartment back culture reappropriation senate two twenty two an act for the Arkansas public defender commission reappropriation. Senate bill two twenty three an act for the institutions of higher education reappropriation senate two twenty four an act for the department of education Arkansas school for the blind the school for the deaf reappropriation senate two twenty five an act for the Department of Education Division of elementary and secondary educational reappropriation senate two twenty seven and I for the department of commerce Arkansas Economic Development Commission reappropriation civil to twenty eight an act for the department of health reappropriation similar to twenty nine and that for the Department transformation shares services Building Authority Division reappropriation Senate bill two forty an act for the department of commerce Arkansas Economic Development Commission capital improvement appropriation Senate bill two forty one an act of the department of the military capital improvement preparation zero two forty two an act for the secretary of state capital improvement appropriation senate two forty three an act for the Department of transformation and shares services building Authority Division capital improvement appropriation senate two forty for an act for the institutions of higher education capital improvement appropriation senate two twenty five an act for the Department of Education Division of elementary and secondary education capital improvement appropriation. Any questions on the batch anyone against for. Any objection to rowing the boat. That objection madam secretary please role that Boyd Bryant Caldwell Chesterfield Clark cruel Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stone Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote. C. nine please cast a ballot. By a vote of thirty five eight and zero name. Badge at. Senate bills from the judiciary pass with their respective. Urgency clauses adopted please transmit to the House. Second house bills. House bill ten ninety four an act for the Commissioner of State lands a preparation for the twenty twenty three twenty twenty for fiscal year house bill eleven thirty nine an act for the Arkansas public employees retirement system of preparation for the twenty twenty three twenty twenty fourth fiscal year house bill thirteen seventy one an act of the Department of Human Services division of aging adult and behavioral health services for reappropriation house bill thirteen seventy two an act for the institutions of higher education reappropriation hassle thirteen seventy three an actor the Department of Human Services division of development the developmental disabilities services appropriate appropriation house bill thirteen seventy four an act for the secretary of state reappropriation also thirteen seventy five an act for the department of corrections division of community correction reappropriation house bill thirteen seventy six that Act for the Department of Parks heritage and tourism division of heritage reappropriation house bill thirteen seventy seven ACT for the Department of Parks heritage and tourism state parks and tourism division street reappropriation hassle thirteen seventy eight ACT for the department of corrections division of correction reappropriation as for thirteen eighty six an act for the Department of Education Division of higher education northwest technical institute capital improvement appropriation hassle thirteen ninety seven an act for the department of corrections division for correction capital improvement appropriation house bill thirteen eighty eight an act for the institutions of higher education capital improvement appropriation house bill thirteen nine eight an act for the department of public safety capital improve improvement appropriation house bill thirteen ninety one an act of the department of corrections division of community correction capital improvement appropriation house bill thirteen ninety two. An act of the Department of Parks heritage and tourism division of heritage capital improvement appropriation house bill fourteen oh three an act of the department of agriculture Arkansas natural resources commission appropriation for the twenty twenty three twenty twenty for fiscal year. Any questions regarding. This batch of bills on joint budget committee. You always speak for against any objection to rowing the boat. And secretary please well the vote Boyd Brown Caldwell Chesterfield Clark Kerr Davis the Dismang Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stuff Stubblefield Sullivan Tucker Wallace. Any senator who wishes to change his or her vote. C. nine please casts up the ballot by a vote of thirty five gate is the remains the. House bills from Senate Judiciary pass along with their. Emergency clause is adopted please return to the House. Is now. The business. We are we your committee on engrossed bills to whom was referred Senate bill two sixty four by Senator Irving compare the engrossed copy with the original find same correctly engrossed calendar. Under this name for announcmenet thank you governor members insurance commerce is going to meet fifteen minutes upon adjournment should be pretty exciting so if you make your way down and then also joint budget will not meet again until next Thursday we're still waiting some governors letters however special languages a heads up will meet on Wednesday. Enter the committee president of rules committee will meet Monday upon adjournment thank you. Senator Blake Johnson state agencies we're gonna finish to Senate bill Senate bill two fifty after German. Johnson. Transportation Committee will be meet Monday at nine thirty in the old Supreme Court chamber. Other announcements Madam Secretary items at the desk. Senate resolution thirteen by Senator Hammer to recognize Spring Hill elementary school as a twenty twenty two isn't very high performing national Blue Ribbon school Senate resolution thirteen calendar Senate bills three eleven by Senator Clark to amend the limitations period for for when a petition for an initial order of child support maybe saw in the period of time for which retroactive child support might be awarded Senate bill three eleven Judiciary Senate three twelve by Senator Clark to amend the period of limitations for when an action for paternity may be brought Senate bill three twelve Judiciary senate three thirteen by Senator Petty to allow taxpayer receiving mail military retirement or survivor benefits to receive the full amount of the income tax exemption for retirement benefits Senate bill three thirteen Revenue and Tax in the three fourteen by Senator Wallace to amend the definition of qualified still specialty products manufacturing facility for the purpose of the income tax credit and waste reduction reuse or serve our recycling equipment declare an emergency civil three fourteen revenue revenue tax bill three fifteen by Senator Ballinger. Of an act for the department of commerce Arkansas Economic Development Commission feasibility study for spaceport appropriations of twenty twenty three twenty twenty four fiscal years Senate bill three fifteen joint. Where your committee on engrossed bills to whom was referred Senate bill one forty four by joint budget compared the engrossed copy with the original find same correctly engrossed. Joint Budget. I have to. Which does then we put it in okay. Pasal thirteen forty nine by of representive right and I concerning page of the sports tournaments and for other purposes house bill thirteen forty nine Insurance and Commerce Haspel fortinos six five represented eleven Senator Flippo concerning the regulation of certain battery charge means is municipalities and counties house bill fourteen oh six city county local pastor fourteen thirty by representative Lundstrum and senator Hammer. An act of an act to amend the Division workforce services law to modify the definition of wages in certain circumstances under the division of workforce services law to reduce the maximum potential unemployment compensation benefits to regulate employer contributions under the division of workforce services law provides a stabilization tax right to amend the law concerning the unemployment compensation fund the Division of workforce services training trust fund and the unemployment insurance Administration Fund declare an emergency house bill thirteen fourteen thirty. Public Health house bill fourteen thirty three by representative Lundstrum Senator Hammer track the division of workforce services journal on this act and fire and emergency castle fourteen thirty three. Public health. No further announcements the Senate will stand in the German subject to clearing at the desk until one PM on February twenty seventh twenty twenty three.