Senate Convenes

What all on address personnel please leave the Senate chambers at this time the Senate will begin station momentarily. Now senator. Senate will be called to order. Are there any request for leave at this time. Madam secretary please call the roll Boyd Bryant Caldwell Chesterfield Clark Kroll Davis these Dismang Dobson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice staff Stubblefield Sullivan Tucker Wallace. Thank you madam secretary if everyone in the chamber in the galleries would please rise and remain standing for the pledge of allegiance will will first be led in prayer after an introduction by Senator John Payton but will be led in prayer by my good friend pastor brother have. Thank you madam president and colleagues it's a great pleasure mind there due to to brother Kurt Howard from maple springs Baptist church two miles west of all trough and I've heard that so many times on the radio but I live about forty minutes from there and The redistricting put that area in my district and I was honored to be able to meet brother Kurt for the first time. But I did listen to him on the radio for several years my dad had a say in before you go to do something he to be sure you get your head screwed on right before you do it and I can't tell you how many Sunday mornings I went out and got in the vehicle to head the church and still thinking about things down here or business for problems and turn on the radio and brother Curtis message help me get my heads screwed on right before I got to church and I really appreciate him I really appreciate his ministry as my great honor to do seem to you this morning for the for so afternoon thank you Sir. All right she's a madam president said I didn't have long to preach sold home and get on with a man's and she's just hit that little gavel of to stop me so you'll just a party for me while I'm doing that of first time I come down here David what some you all I remember some meals places David why did invite me human to ever and Jana David he's country just like I'm country when you're from Rosie you don't know what's population is causing the signer but on Sundays we have about five hundred in our church but David the he stopped me to stay on Tom's nervous I've been and I've never been to the capital in fourth grade and pulled in and he's taught me to bottom stale run up to me go to pay for the car he said have you ever had your prostate checked. And I looked at him and I was like oh dear lord I don't know yet do that for you can party in Senate I said this this is one government things and I'm either going to lie or tell the truth and the whole time I'm looking at I'm wondering what prostate exam he's talking about and he says no no no no we like to be called on it goes yeah like the the little mobile above prostate blood mobile I called it was what it meant not so we all take a stick alarm if that's what it takes to get to pray before you guys so but that was funny and he realized that reset in that it was just one of those deals but I appreciate the I remember the day that after he passed away that Senate this me is to come down there for the funeral service at Rosie and I appreciate that that was a blessing and we appreciate what you all do and the I will find the pastor there at Rosie but also work in law enforcement we appreciate everything you do for law enforcement appreciate what you do for the local church and the when you're not messing with the local church I appreciate that because I believe we are I believe ordained by god and you all know that and I appreciate that I really want to know that I do appreciate that thank you all so much of this quick break Dotson me down here I don't have anything written down or rehearsed but I got what god sent me okay so that would be the best thing for today let's Bridlewood love you thanks eleven scholar you such a good god we just love the lord we just pray that you would bless this chamber today god the men and women not operate lord or country shores and aged times like yes our state need you I'm thankful for these men and women that dedicate their time they leave their families I got I know a lot of people have bad opinions of politicians but everyone down here is friendly to me they come out in here to do the best things for state and god there are humans just like the rest of us and our citizens of this great state and what I pray the remember all the people of all or Kansas god from the unborn to those that are the elderly god everything in between and I just the according your wheel though do the very best I can today and I'm just thankful to have good friends down here and it's just a blessing but god we all want forgiveness and we all want the healing of our land but second chronicles you said there's a few things first got to happen. He said that we've we've got would we be if we would humble our sales first god and I pray for you military in here today god because Division it's not going to help our state god we pray for to we we pray that we know Division god we pray that they will humble themselves and god we got per I'm so thankful they start out with prayer and pledge what a blessing it is my god you said if we humble ourselves and pray and seek your face apart was sick you today in all decisions and board he said that if we just come or sales price and secure face and turn from their wicked ways god help us all as for forgiveness god before almighty god then you said you'd forgive us our sins and heal our land god just help us today we sure needed a mighty way and we're just going to ask you to bless this place in Jesus name I pray amen thank you all I did. You. The raw. Thank you brother Kerr. Be safe at home Rosie. Ladies and gentlemen in the galleries welcomes Arkansas state Senate it is our expectation that each of you will exercise proper decorum and govern yourselves accordingly during today's proceedings without objection the rules will be suspended and the Senate bill to spend for 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. Madam chair ladies and gentlemen of the Senate good afternoon we have been in education and education and education and education and we will be going back to education. It is a distinct honor to introduce this young lady to you me you come for me a. Which come for me is my. God sons daughter. Media is fourteen years of age she is in the eighth grade moving toward the night we already has a thirty on the ACT. I'm gonna say there's a lot more time media already has a thirty on the ACJ. She's in forest heights science technology engineering and math academy she's been in gymnastics where she really is just so outstanding so outstanding she is a member of re memorial Baptist church she enjoys art. Choir she's a member of the beta club or future plans are to go to college on a gymnastics Scholarship and her gymnastics teacher just happens to be my former student by Jamie Rosenberger and that she wants to become an engineer. I think she special because I love her dearly ladies and gentlemen welcome to the Senate me at eleven. Senator. Not. The Senator Blake Johnson. Members please welcome my page today this is Kaylee on a sign she's from Paragould and she's home schooled and she she does four age groups where which is a wildlife educational club wildlife educational clubs she does bookkeepers club and she loves animals and **** to you attends the Hillcrest church crash please give Kelly on a hand welcome or the Senate. Johnson. Announcements at the centre Caldwell. Well you're recognized thank you Mr president only reduce my patient eight Carson Hobbs who is from cold Arkansas he's a senior going to go to the universe works all major in ag business the. They're very involved in agriculture and agriculture equipment and in my district my hometown very big supported mine for the unique issues of Carson is family is that he lives in cold Arkansas that's a home Charlie rich the country music singer and they actually own his childhood home. We welcome questions. You're recognized. Madam president I've got three three announcements from the start with introduce my awesome page today ultimately she's a seventeen year old senior at North Little Rock high school she's got a long list of accomplishments very impressive she does she'll be attending Ole miss Marshall be studying public policy and a lot leadership institute she plays varsity golf she's the key club president member of a club student council National Honor Society in math honor society she's a volunteer through the mayor's youth council and central Arkansas red cross club in addition to all of those extracurricular activities she's a competitive dancer at dance dynamics company and I know how much time and commitment that takes because my daughter is also a dancer of the same company but not only that at the same company but Alden is my daughter's big sister in the company so I owe her a a very special debt of gratitude and very happy to welcome all the newly here today the Senate to to serve as a page. Red briefly madam president I also want to welcome our doctor of the day today as well as our nurse brings you would but our doctor doctor could body practices in family medicine at UAMS and we're very happy to have you here both of you here today doctrine and Nursia thank. And then lastly they're in the galleries but I'm not sure exactly where but we have former state representative former budget chair Kathy Webb who currently serves as executive director of the Arkansas hunger relief alliance and her team it's their lobby day here today at the capitol they do so much work in this state to relieve hunger especially those of children I want to welcome them to the state Senate as well. You're recognized I would like to take a moment recognized up in the gallery over there and say you students for the food pantry they were invited here by the hunger alliance they last week put eighteen food pantries in every dorm and every apartment complex at essay you to make sure everybody had food thank you all. Other announcements or introductions. Madam secretary order items at the desk yes ma'am mad madam president will your committee on emerald Bills to whom was referred the following Senate bill one ninety three by Senator Hill Senate bill one ninety six by Senator Tucker Senate bill two forty seven by Senator Dotson compared the enrolled copies with the original find same correctly enrolled and a nine forty seven AM delivered to the governor for approval respectfully submitted mark Johnson. Where your committee on engrossed bills to whom was referred Senate bill one ninety five by Senator Hammer compare the engrossed copy with the original find same correctly engrossed. Judiciary Committee on engrossed bills to whom was referred Senate bill two seventy by Senator Peyton compare the engrossed copy with the original find same correctly engrossed Judiciary Committee on engrossed bills to whom was referred Senate bill two eighty six by Senator Flippo compare the engrossed copy with the original find same correctly engrossed Joint Budget Committee on engrossed bills to whom was referred senate to ninety eight by Senator Hammer the engrossed copy with the original find same correctly engrossed public health where your committee on engrossed bills to whom was referred senate to ninety nine by Senator Hammer compare the engrossed copy with the original find same correctly engrossed. Public health Committee on engrossed bills to whom was referred senate bill three hundred by Senator Hammer compare the engrossed copy with the original find same correctly engrossed public health Committee on engrossed bills to whom was referred senate bill three O. one by Senator Hammer compare the engrossed copy with the original find same correctly engrossed public health Committee on engrossed bills to whom was referred senate three O. two by Senator Hammer compare the engrossed copy with the original find same correctly engrossed public health. Your committee on engrossed bills to whom was referred to senate joint resolution two by Senator Peyton compare the engrossed copy with the original find same correctly engrossed state agencies. Three Committee on Judiciary to whom was referred Senate bill two seventy one by Senator Mark Johnson recommend due pass counted Committee on Judiciary to whom was referred Senate house bill eleven fifty three by representative Scott recommend due pass counted Committee on Judiciary to whom was referred house bill twelve seventy nine by representative Gazaway. I recommend due pass counted. Committee on Judiciary to whom was referred house bill twelve eighty three by representative Gazaway recommend due pass counted Committee on Judiciary to whom was referred house bill twelve eighty four best represented Gazaway recommend due pass counted. Committee on Judiciary to whom was referred house bill twelve eighty seven by representative gas when recommend due pass counted Committee on Judiciary to whom was referred house bill twelve eighty nine members and gas why recommend due pass counted Committee on Judiciary to whom was referred house bill twelve ninety by representative Gazaway recommend due pass counted Committee on Judiciary to whom was referred house bill twelve ninety one by representative gas why recommend due pass counted Committee on Judiciary to whom was referred house bill twelve ninety four per cent gas well recommend due pass counted Committee on Judiciary to whom was referred house bill twelve ninety five five representing Gazaway recommend due pass counted. Where your committee on public health team was referred Senate bill one thirty eight by Senator Irvin recommend due pass to concur in the amendment number one. Counted Committee on Public Health to whom was referred Senate bill two sixty four by Senator Irvin recommend due pass as amended number one calendar. Senate disclosure report percent to Senate rule twenty four oh six we your committee on public health or hereby and receipt of the attached doc disclosure form from senator Justin Boyd concerning Senate bill two sixty five. Calendar. Where your committee on public health to whom was referred Senate bill two sixty five a Senator bored recommend due pass counted Committee on Public Health to whom was referred Senate bill two seventy four by Senator Patty recommend due pass counted. Senate disclosure report percent Senate rule twenty four oh six on Senate public health. Disclosure from senator Justin Boyd our concern regarding Senate bill two seventy nine specter submitted. Re your committee on public health to whom was referred Senate bill two seventy nine by Senator Irving recommend due pass counted. For the on public health to whom was referred Senate bill two eighty eight by Senator Irvin recommend due pass counted Committee on Public Health team is referred house bill eleven fifteen by representative Maddox recommend due pass counted. Senate disclosure report percent Senate rule twenty four of six Committee on Revenue and Tax disclosure from for Senator Jonathan Dismang concerning house bill twelve sixty three House Bill twelve twenty four house bill eleven ninety one. Bill impacts the state of tax document property of for which she works on entitled procedures procedures on tax delinquent property. Where your committee on Revenue and Tax to whom was referred Senate bill two out of seven by Senator Blake Johnson recommend to pass. Calendar committee on Revenue and Tax to whom was referred house bill eleven ninety one by representative of. Richmond recommend due pass counted. We are committee on Revenue and Tax to whom was referred house bill twelve twenty four by representative Bentley recommend due pass counted Committee on Revenue and Tax to whom was referred house bill twelve sixty three by representative of Richmond recommend due pass counted. Senate bill three oh eight by Senator Dismang to create a means by which students who qualify for reduced price meals at school receive free meals at school Senate bill three away. Education. Any further business to come before the body in the morning hour. But not the morning hour has expired we will now begin the business agenda. Senate resolution three. Senate resolution three by Senator Dotson to proclaim February twenty four twenty twenty three as a CNA to day in Arkansas and about recognized. Thank you madam chair members I have a family here if I could have believed to have more on the floor. All right members the resolution you have before you S. R. R. three proclaiming as see in our a two day. S. C. in a two day yes was brought to me this is a a a disorder that is found the Beasley family Brandon and his daughter Josephine both have this in this is a I'm not going to read through and all the medical terms in the the resolution but you're those but S. C. N. S. C. in two a is a gene which makes a sodium channel which found primarily in the nerve cells the generator let Tricity. And C. S. C. and to a also allows too much sodium to enter the nerve cell and thus increases electricity. Often presenting with epilepsy as a main symptom and so this is something that the the second chrominance crime is on in the twenty fourth position that's why we're declaring February second or February of twenty fourth of the year two twenty four that's what we said this is going to be that days declared this will be this day this is something that presents early early onset of epilepsy and in children and currently there's no no known cure for this but to bring awareness to this and to help Requirements and maybe help with the Developing a cure at more than just the therapies there they're currently available I don't want to bring awareness to this for the state of Arkansas and so. Please welcome the Beasley's and oh and I forgot to introduce buddy and all over. And in the cold your mom and so When when this is read for the last time I appreciate a very good vote and. For the Beasley and their family and everyone else who who is in Arkansas suffering from this. Thank god has been read okay. All those in favor of the Senate resolution three to proclaim February twenty fourth two thousand twenty three as S. C. in a two day in Arkansas please signify by saying aye. Any opposed. Yes. S. R. three. Past president of the. As well thank you all. Senate resolution twelve by Senator Clark to recognize the Malvern leopards football team as the class four A. state champions. Senator Clark you're recognized. Thank you of would like to ask for leave for a the superintendent in the head football coach and some members of the team to come on for the rest of more up in the gallery here. Your blades Committee. Members of the mall owner today to present to you the state for a state champion Melbourne football team the ones here on the floor the ones of of in the gallery. The of. The show men don't know what but I have something in common with them when I was in high school I played in loss to some state championship team so. The you know when the things that I love about football I think it teaches young people. A number of things in one it is that if you work hard you can succeed. Of the another thing is that football has so many different positions and so many different skill sets that you'll talk about a team and it taking the team it takes to take a lot of us aspire to play the. Positions that everybody watches you know that some of us what's the other part of the game but you know they like to watch that running back DO can and making it down for toast only local what's a quarterback going back control when the long pass on the receivers making those incredible catches or safeties Macon and affects we can incredible interceptions. But the game's not for fault there. It is important those positions are that war that goes on at that scrimmage line. Nobody is successful there certainly not this successful without those players if they don't win nothing else matters and so I'll want to recognize all them all those. Who never started. Who are waiting their turn and working their tails off that so much true in life that you gotta push you gotta pay your dues you gotta get in there. And and someday it'll pay off so I want to recognize superintendent Brian golden of and of I know he's proud of the team of head coach Chad Plumlee this is a complex Parker who is here and then some other assistant coaches who are not here on the floor with this Nick Brumfield mark freer Erin Pennington your cable with that I'd like to read the resolution. To recognize the Melbourne leopards football team is a state for a state champions whereas the Melbourne last Burch bested. Where is Senator Dismang the Harding academy Wildcats to take the class four A. state football championships with a score of sixty four to thirty nine at war Memorial Stadium in little rock Arkansas on Saturday December tenth two thousand twenty two claiming the team's first state title in twenty nine years on or stop just a second here. The team settled after. Some of us remember that. The first state title in twenty nine years and the second in school history and were as following to implemented equipment weather delays totaling three and a half hours. And to the two teams were able to get back on the field and combined for one thousand one hundred thirty seven yards of offense which is the second highest offense in Arkansas state championship game history and for as unforeseen scheduling changes prior to beginning the regular season left Malvern with only three home games and we're as between the regular season game in playoffs the team traveled approximately one thousand seven hundred miles of road trips including trips to Riverview Glen road her Nando Mississippi Waldron Nina Nashville one more Warren and war memorial state we want to name everybody would be now therefore be it resolved by the centre of the ninety four General Assembly of the State of Arkansas that the Senate congratulate and recognize about over leopards football team as a class four A. state champions and be it further resolved that upon adoption of this resolution a copy be provided to coach AT Plumlee by the secretary of the Senate. Thank you senator Clark all those in favor please signify by saying aye. Any opposed. Senate resolution twelve is adopted to recognize the mountain levels but fourteen as a class four A. state champions. With. Yes could we have a couple minutes good. It needs for a couple of minutes. The body will come back to order. We will now proceed with as the forty three. Senator Stubblefield. House member one to Senate bill forty three. Senator Stubblefield you're recognized. Thank you Mr president. I thank those boards ate more chicken than we did when we were growing up. Hey dad to tackle some of you guys. Of. Senate bill forty three to amendments of these members simply Expanded the protections of children also there. This legislation made it more able to withstand the scrutiny of a court challenge. That's amendment. Stubblefield. Anyone wishing to speak against a four. Senator you're pretty close. All those in favor of amendment one please signify by saying aye. Any opposed. Amendment one. Without center several field or amendment to. House amendment to the to Senate bill forty three. Senator Stubblefield you're recognized for managing. Member to simply defined in adult adult oriented business and it also Defines whether or not public funds can be used and on public property. Any questions for Senator Stubblefield. Anyone wish to speak against or for. All those in favor signify by saying aye. Any opposed. Manages that. Now. We will build the forty three. As amended. Senate bill forty three by Senator Stubblefield a representative Bentley to add certain restrictions on the adult oriented performance and to define a adult oriented performance. Any objection to rolling vote. Injection noted madam secretary please call the roll. Boyd. Bryant. Caldwell. Caldwell. Chesterfield. Chesterfield. Clark. Kroll. Davis. Davis. These. DISMANG. Dotson. English. Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Hickey. Health. Irvine. Irvine. Blake Johnson. Mark Johnson. King. King. Leding. Love. McKee. Murdock. Murdock. Page. Penzo. Penzo. Petty. Price. Statham. Stubblefield. Sullivan. Tucker. Tucker Wallace. I'm going to begin on this side any senators who have not voted who wish to vote or wish to change your vote please signify by saying I Senator Tucker is no. Anyone else on this. Senator Teague is and I center Caldwell is and I Senator Hickey is and I. Any senators have not voted wish to vote or was injured but. The nine please cast a ballot. Five twenty nine eighty eight and six nine. As the forty three as adopted. Passes send to. And wrote. Now amendment one to HB thirteen eight. Remember one thirteen eighteen. Thank you Mr president this is a Amendment the bill last week that added some accountability for recordkeeping to the cities when they're opening bids for lowest possible price and then they can compare those bids as low price also overall cost of ownership of that deal I think Senator Hickey right up just making sure they got it had a way to track that and that's we did as approved by let got it and added to the bill to create a good vote. Any questions. I wish to speak against and for centers closed all those in favor signify by saying aye. Any opposed. I have a. Amendment one to HB thirteen passes. Senator Ingram. That I say thirteen eighteen. I did all right. S. one twenty one. Senate bill one twenty one. Amendment to the mark Johnson you're recognized. Thank you Mr president this is the amendment the second amendment to the Arkansas state capitol and monument protection act of twenty twenty one places a cleanup amendment we worked with the attorneys at state parks and the association of counties in the Municipal League to come up with language that they're accepting this was the best way we could do it it was adopted in committee and I appreciate a good vote. Thank you senator Johnson. Persons anyone wish to speak against for center has closed. All those in favor signify by saying aye. Any opposed. I've had. Amendment two two S. one twenty one passes into an. S. B. five and one member one Senate bill two fifty five. My bill my amendment a good vote. Thank you senator McCain. Any questions anyone would speak against and for. All those in favor of that amendment one two ACT two fifty five signify by saying aye. Any opposed. I have one to HB two fifty five passes gross. Recognize Senator Dismang thank you members Senate bill two ninety five as in Committee right now I've got an amendment that like to have adopted so can be engrossed tomorrow or for consideration of a member sent the service I'd like to make a motion to suspend the rules to withdraw Senate bill two ninety five to the floor for purpose of amendment. Motion's been made to suspend the rules although and all those in favor of suspending the roll signify by saying aye. Any opposed hi seven. Senator Dismang. All right Amendment one Senate bill ten ninety five other couple changes one was made for the PC to me the day from June thirtieth to December thirty first of that a little bit longer to promulgate their rules also this creates a at it helps solidify the grandfathering of the grandfather the grandfather that we're trying to do with the seller bill and so it's just one more a change for that with that be happy to take any questions any questions for Senator Dismang. One against one four. Senator proposed. Centers closed. All those in favor amendment one two SP two ninety five please signify by saying aye All opposed. I've had a minute one to as we ninety five passes Senate members. You're recognized. Thank you Mr president the I've got to students here from Ozark Catholic academy in tiny town and attacks like to ask for leave for. Thank you. Senate. Hester. A members I don't know if all of your where we've got a we got an education bill that does being debated today over in big mac a of a lot of people came from all over the state to hear testimony on that so I'm gonna ask us out of respect for those teachers have taken the day off of work today to be here sometime around two thirty or so depending where we're at the counter will bill finishes I'm gonna come down and ask us to move the rest of our agenda till tomorrow so that we can so that the education committee can go over there and respect the time all those teachers that took a took the day off today so they can all be heard anyway just let me know I'll come ask you may not give it to me but hearing about to thirty I'll come ask for that thanks thank. SP eighty one. Senate bill eighty one by Senator Sullivan. To amend the law concerning libraries and the same materials to create the offense of furnishing a harmful item to a minor and to amend the law concerning of same materials loaned by library. Senator Solomon you're recognized thank you madam president members of you'll see on your desk you have a little sheet here that says SP one eighty one exerts that I passed out that to you you can see an example of what some of that material is the program about of emails and text on this I know I have I've spoken to quite a number of attorneys and we didn't have any attorneys speak against the bill on the floor. We've talked with the attorney general's office we talk with B. L. are we met from with attorneys from both sides of it no no attorneys oppose this on legal issues. This bill pretty simple it sets out a new appeal process this isn't removing any books it doesn't let the legislature remove any books this just sets out a process for appeals for parents that public libraries and schools the bill does for things first it there's an exemption for libraries to current obscenity law so we currently have obscenity law this bill does not change what obscenity law is it only changes obscenity law applies to and this applies current obscenity law to live librarians by removing their exemption that everybody's on the same playing field. Secondly it creates a new law that creates of harmful to children we already have laws harmful to children we don't allow the smoke would allow drink drive cars a whole list of things that we do to protect children with this bill does is to apply safety laws for children current law with a few more descriptors in there to say what is harmful to children and we apply that to libraries. Third we are codified the appeal process in schools they have a suggested appeals process they have a mandated policy but it doesn't say what that policy is so this just sets out of our schools and appeal process in third we change it this is a big change it allows parents to see the materials there to kids are checking out we had a great example yesterday in committee where one of the committee members talked about their child having access to a book and the parent wanted to talk to the library in the library and discuss that book with them that librarian violated the law so if you look at the last couple pay a last page might affect the last three sentences it changes that law to allow parents to see what their child is checking out. A couple things This high points of it and and for time I wanna get to questions if you have any but again obscenity law is not being changed as far as us having a Change in the law for parents to have an appeal process in public libraries now most of them have an appeal process you go to the library and he goes to the library board and now it's going to go on to your city council or your quorum court. The city council in a quorum court did not oppose that other courts did not oppose that and mayors didn't like it but they didn't oppose it so we're actually giving the people that have authority over the local library be a city or county we're actually giving them what that responsibility responsibility is only whether you move up work they can't declared illegal they can't declare a library and go to jail all the quorum court or a city council can do is remove the book or move the book to another section that's within their parameter again there were no attorneys to challenge that. In the schools schools already have a you have to have a policy but they don't say what that policy is however the school board association has a recommended policy that recommended policy is very similar it says go to your library and go to your principal and at that point the principal appoints a board are committee that committee then makes a decision now here's a critical change that committee now has to meet in public and they're subject to the open meetings law so they can't go behind closed doors they can meet in the hall and talk they have that. That meeting in public and when that decision is made on the prevailing side the school has to write an opinion if the parent chooses it to appeal from there it goes to the school board and the school board has the ultimate authority there. If someone violates the law obscenity law or the law that talks about harmful to children if somebody violates that law a prosecutor is the only one that has the authority to do anything about that not the school board about the quorum court only the prosecutor I talk with the of some prosecutors on this and they don't have a they understand that to be true. A critical point that a lot of people are afraid of and I want to dress this nope this message gets out clearly. The bill stands now. If it goes to a prosecutor's office a challenge on a book we think this violate state law obscenity law or harmful to children a prosecutor then goes to the to the judge and the judge makes a determination that's critical a judge makes a determination that this violates the law in order for a librarian to be held accountable to the law library a judge would make a determination and after that determination then the librarian would have to knowingly. Violate that law. If they don't knowingly violated their free and clear so they have to violate the law intentionally knowingly before there's any replication that happens and again no one quorum court. City city attorney they have to go to court in a determination I think that's on page three line sixteen were determinations made they say it's against the law and then the judge says that and someone goes I know it's against the law I'm doing it anyway folks there needs to be a penalty for that that's essentially what the bill does not be glad to answer any questions. Questions for Senator Solomon Senator flowers you're recognized for a question. Thank you governor. Senator service Sullivan I think I heard you correctly to the Committee that head. Share. Yes. In going to their child's school. And. speaking with the library and I think you were talking about me is. You made those comments yes I do violating the law I didn't say you did the librarian to the library and the librarian did not. That number in the not violate the law and. If you're insisted that the library violated. A law in that. Hello the librarian violate I don't have the bill number however I know that a lot of attorneys have looked at this and that's why we're changing the law because under current law I don't know when you talk to your child maybe the law wasn't in effect then but today if you go to the library and and you say tell me what my child as to checking out not allowed and that that's not what the librarian and I discussion was about that situation of School Library. And my son had of within this program I guess that a lot of schools. That has got a program we will plan and there are certain set of books that a child is supposed to check out then go to read it then go to the computer and. It was given what it was about opportunity sex and all that stuff you seem upset. I was concerned with the dark purple call give the board. That that. The school. And a lot principal. Let me know that the Department of it this. That. And that was the goal that in libraries what is the school out that leads to my understanding that. The bulls. That's what I don't understand your bill. School Library. It should be directed at the part of it. Senator Solomon you may answer the question I don't know if there was a question that you may be asked if I would agree and I said no okay Senate Chesterfield that you have a question. Okay thank you senator any other questions. I wish to speak against center Chesterfield you're recognized. Thank you madam chair ladies and gentleman the Senate at I thank Senator Solomon for making the bill better. he has worked I'm sure with the number of us to make it more palatable but it still gives me great concern. Senator flowers is made one point the librarians do not choose the books that go in the library. These are decided by the department of education as to which books are acceptable for public libraries I think that needs to be considered as well. I'm also concerned about the. The bag of warms that we're opening. If we read the Bible. In the Bible it refers to rape incest song of Solomon is very very provocative. I don't want people to be able to say I don't want the Bible in the library because they'll go to the song of Solomon and they will go to the story of tomorrow who was raped by her brother or they'll go to the other tomorrow. Who had sex with her father it's in the Bible it's in the Bible. Will we start allowing people. Who really really have a great stuff to make these kinds of decisions and we put people who are charged with libraries in jeopardy simply for doing what they have been asked to do I worry too about Greek mythology now. Most of us have to take Greek and Roman mythology. Greek and Roman mythology is very graphic. So now our children won't be able to read about Greek and Roman mythology perhaps because it is viewed as. Very very sensuous very very sexy. When you read about this is this is a rascal. If you read about in. And I would anticipate having to take western civilization that you have read about XYZ. And after a day and the other individuals in Greek mythology and the ones in Roman mythology who are very very risque I would say. I just think it's a dangerous bill it's a dangerous precedent and if it's dealing with our school librarians they should not be at fault for having in their libraries and can you imagine a hundred I I taught a hundred sixty kids today hundred sixty parents today coming in saying let me see what my challenge reading multiplied by a plethora of other classrooms it creates almost a disaster and it will also inhibit the ability to do what the library and is there to do thank you. Thank you senator Chesterfield other questions anyone wish to speak for. Senator Tucker. We wish to speak against. Thank you madam president. Senator Gilmore asked me this morning if I was going to give up making floor speeches for let I'll start with a few comments first I want to echo what senator Chesterfield said I think Senator Solomon and has improved the bill with the amendment cities may now I want to thank him for doing that second. Based on some testimony that we had in committee I think Senator Solomon has a legitimate concern that there there may be some materials in libraries that that we don't want in libraries and and maybe there should be a different process for getting those materials removed I think the process should be different than than what's laid out of the bill and and that's what I'll discuss for the third time and I want to make is there but a bunch of times that I've said it before you and said that I think bills on Constitutional. And I think the the bills of those bills have been challenging court my record is pretty good on that I'm not going to tell you that this bill is unconstitutional because I don't know for certain that it is. Ups and that's central to the point that I want to make today obscenity is a very difficult thing to determine the law. but it's it's important to determine what is obscene because of the first amendment I know I spent a lot of time up here talking about the constitution and I hope you don't get too tired of me talking about it but I think the constitution is very important we all swear an oath to it and when it comes to. The laws of sanity we're dealing specifically with the first amendment because if you start it's it's very difficult to define what I've seen is and once you go too far then you're into censorship violating the first amendment and that's why it's important. The Supreme Court United States struggled with how to define obscenity over a decade or more in the nineteen sixties and seventies ultimately they settled on what's widely known as the Miller test three criteria they use to determine whether something is obscene or not it's even been tweaked since that time but by and large and the United States people use the Miller test to determine whether something is obscene or not. And it's important to use that criteria to determine whether something is obscene. my. My first problem with the bill and the the sections sections four and five are basically parallel one is for school libraries and then once for County municipal libraries. But the process is the same for both but if you look at the sections. Once you go through the challenge process there's a committee year at the school or at the library where the case might be it takes a vote to determine whether the material should be removed from the library not there's basically no criteria in the law that these groups have to follow to determine whether something should be removed. And they should be using their the criteria and the Miller test to determine whether it's obscene. Right now the way the bill is written there empowered to removes content from the library for basically any reason. And this is where we get into very dangerous first amendment territory and I'll explain what I mean we talk about content neutral. Restrictions this morning and Judiciary with senator mark Johnson's bill. And also a content regularly as a content restriction I'll explain what I mean by that. You can have a time place and manner restrictions on free speech for example people can protest out in front of the capitol. All that they want they cannot protest in the Senate chamber while we're in here deliberating that's a time place and manner restrictions content neutral we're not saying anything about what they're allowed to protest it's time place and manner so we can pass that law. When we start passing laws to say out front they can only protest my bill or senator Dismang bill or whoever's bills then we're getting into content restrictions and that violates the first amendment very clearly so Mike my concern is that these committees can just take materials out of libraries without determining whether it's obscene or not and that could potentially be very serious violation of the first amendment to exacerbate that in the bill if you look on page five the in section four there's a parallel in section five going on to on line seventeen it says starting on line sixteen material being challenged shall not be withdrawn solely for the viewpoints expressed within the material. Now fully took that word solely out I would feel a lot better about this and it just read material being challenge shall not be withdrawn for the viewpoints expressed within the material only start restricting content based on the book viewpoint expressed then we're getting into content restrictions which violates the first amendment which I take very seriously. So. I think we're we're dead I know this is not senator Solomon's intent but I think with the way the bill is written we're very seriously going into territory we're gonna have censorship in libraries and that goes to the to the last point. With the problem of the process the way it's laid out as I've said. To determine what's obscene is a very difficult thing to do it took a spring forty nine states fifteen some odd years to do it and this bill charges local elected officials who respectfully don't have the training to make that determination or not. That appeal process and and I'm not saying there should be an appeal process that appeal process needs to go to a court of law to a judge who's qualified to make that determination so my my comment on the on this portion of the bill is if you remove the word solely. Then if you have the criteria the Miller test laid out for the committee and then you had an appeal to a court. I don't think this bill would be in bad shape. At least those two sections of the bill that's a civil process I want to make one quick comment on the criminal process and and then I'll be finished. But if you look at section two of the bill. This is a defense to a crime of obscenity in Arkansas until now for schools museums or public libraries. And the defense is only for material that is claimed to be obscene. So Senator Bryant's a librarian I claim that he has an obscene material in his library he has a defense to that because it hasn't been proven or determined to be obscene. And there should be a defense for that. There's not a defense for having material in your library that it has been determined to be obscene. And this law actually changes that I think inadvertently but it it it changes the ward claimed to determined and it takes out schools and public libraries but it leaves museums and so now if the bill passes in its current form. Museums will have an absolute defense to have materials in their museums that has been determined by a court of law to be obscene. that's problematic because we don't want anybody to have materials that's determined to be obscene and and museums we allowed to do that if if the bill passes in its current form the more the point because this is such a new area this is an area of the law that is so difficult that librarians and teachers should have a defense to not being prosecuted and imprisoned simply because someone has a claim of obscenity so we ought to leave that defense for them it does not allow them to have material that's determined to to be obscene and their libraries even without this bill I'm and that's the way that it should be so for those reasons I I think you know as I said Senator Solomon is on to something but there are problems with the bill the way that it's written specifically a problems with the first amendment and so I'll be voting against the bill. I wish to speak for Senator Clark you're recognized. I'll try to bring in a centre sold in sections to close. There's a difference between obscenity and what's appropriate for children. And of. But there was a. Librarian. read not all of the emails that you receive but I've read lots of them and I was sympathetic to LaBruce because all most of our librarians are on the state's state there's nothing to worry about and they're somewhat offended and I get that. I was not happy with the bill beginning center sold invited me to a meeting of and that worked very hard on an amendment I didn't say anything to him but I don't think that amendment quite got it done I thought the amendment that alters the morning was very good and I know that Working with the library association that that took care of most of their concerns I preferred the tips into part warning here I told him that at the. But. Committee meeting of because I think it just clouds the bill of but every no one should be handing obscene. Material as determined by our courts two kids and I don't think any there should be no longer in the state that has to worry about that that being said. Where I really fell out with the other side was when I was told that were experts I agree with that my dad was a librarian we're experts and we the government because sometimes people forget their government employees we the government should decide what your kids. What about input from the parents. No. No no no no no on that your role. My parents were very open with me and I was very open with my kids but I did set you know there are people who will and will push that if you leave a twelve year old home that you're guilty of child abuse my wife and I know other women who I talked to were babysitting other kids when they were twelve so you can decide what is age appropriate and I can decide what's age appropriate but the government will not decide if I think there's a serious problem and especially in a school library this. And because my kids are going to be there I'm not gonna be around and right now what we were told both. The testimony and outside is that it is against the law for a librarian and some would have liked to. Share with parents who wanted to know what their kids were checking out is against the law right now for them to do that that's got to be changed I think very few parents will ever ask. But parents need to know that if they ask what did my kids check out they can be told because they are the final authority and that this be it we're being told that the libraries to the side with the leverage to decide mostly what goes in the books but the department of education or some on the federal level decided then parents absolutely ought to be able to challenge do I think this challenge process is perfect no but Senator soul that offered to at least one or two if you don't think it's perfect tell me a better way I couldn't think of one I appreciate a good vote. Anyone wishing to speak against her for. Senator Solomon. You're free to close. Thank you madam president first of all the books are in the library have been vetted and most three mostly through case law so the Bible will not be removed the library case law. Well I shouldn't say that somebody may take it out the but the by a lot of most of the things we talk about about obscenity law it's already been through the courts already happened and it's been adjudicated by judges this. Good material for the core I appreciate appreciate with senator Clark said this started out because parents were concerned and they would go to a county library or the school and they'd say the county library board would say where the final judge and you can't go beyond us in schools they would meet with the committee and go behind closed doors and come out with a six oh vote our NATO vote and the parents never knew no reason why this bill changes and gives parents and adults and guardians a pathway to have material challenged and again let me just make sure you understand an appeal should go through an elected body the school board are the quorum court or a city council and it again if they don't have the authority to take this to court it would have to do it be a prosecutor and folks to to Senator Tucker is comments this is what prosecutors are doing this is their job and one of the goals of people when they come up here is to put a question in their mind Cali home a little bit afraid I'm a little bit afraid as if there's no consequence the other way. Folks we have you that paper on your desk that came from a parent who had that their child exposed to that in a school. No chance to appeal it no chance to go forward with it and say this is not appropriate that book right there could be an elementary school I read that they could be in your element child's elementary school in fifth grade most all of our libraries including our school libraries go by and they may have posted the American library association and this is in your county library policy it's in your school many of your school library policies that they will abide by the bill of rights the bill of rights. To the. American library association they post that it's up on the walls and manager libraries it's in the policy of many of your libraries let me tell you what it says a person's right to use the library should not be denied or abridged because of the origin age. Age background or views the right to use the library includes free access to and unrestricted use of all the services materials and facilities the library has to offer. Children and young adults unquestionably process first amendment rights including the right to receive information through the library and prints out images data social media online applications games programming said other four months constitutionally permit protected speech cannot be suppressed solely to protect children. They are. Most of you have children and they're staying here in this bill of rights which is in the the American library association bill of rights. Which is in your library they say they're not going to strict access to your for your children to any level of material the mature your is on your desk thank you being a first grade class they could be in a your library in the children's section and we had testimony yesterday from several people that they think it's appropriate to have that material in the children's section at some point we've got to stop this this bill is a good bill it's an attempt to do that madam president I'm closed. Thank you senator any objection to rowing the boat. And secretary please role that. Jackson noted please call the roll Boyd. Bryant. Caldwell. Chesterfield. Clark. Cool. Davis. These. Dismaying. Dotson. English. English. Flippo. Flowers. Gilmore. You know more. Hammer. Hester. Hickey. Hello. Irvine. Blake Johnson. Mark Johnson. King. King. Leding. Love. Mickey. Murdock. Murdock. Payton Penzo. Petty. Rice. Stun. Stubblefield. Sullivan Tucker. Wallace. You senator who did not vote may wishes to vote or who wishes to change his or her vote I see senator Murdock is in no. Any other senators. Please cast a ballot. By a vote of twenty seventy eight six may two not voting. S. B. eighty one passes transmit to the House. S. B. one seventeen. Senate bill one seventeen by Senator Hammer to amend the law concerning the termination separation period under the Arkansas teacher retirement system and declare an emergency. Senator Hammer you're recognized. Thank you ma'am governor bill does one simple thing it takes the separation period for those that have retired from teaching from six months down to four we've researchers are the last couple years this is as close as we can get to IRS requirements without stepping over the line and inviting them into our business when it comes to our retirement system hopefully this may encourage some teachers said have retired to come back in knowing that they can come back in a four month mark instead of six months bills not opposed and brought up the half the teacher retirement system so any questions be glad to answer. Any questions for Senator Hammer. Anyone wish to speak against her for. Senator your freedom. Thank you ma'am sure appreciate a good vote. Any objection to rolling that. And secretary please roll the vote Boyd Bryant Caldwell Chesterfield Clark Kroll Davis dis dismaying Johnson 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 senator wish to change his or her vote. Please cast a ballot. By a vote of thirty five eight zero nine. S. the one seventeen and the. Emergency clause passed please transmit to the House. S. one nine seven Senate bill one ninety seven by Senator we'll pass over. He's on pace passing over a speedy one ninety seven. As the two zero five. Senate bill two O. five by Senator Penzo to assist small small business owners ought to form a legal entity in this state and that clarify the procedures and standards used for name availability and certain corporations and limited liability companies. Thank you madam president of Senate bill two O. five simplifies the process of people getting a little see it and entity names from the Secretary of State currently there's issues with the the ways a lot of times people will apply for name or get rejected there's like a twenty two step process that they scrutinize the the name and there's not a way a user friendly way for attorneys or or our constituents to research the website to determine if if those factors or apple or not so what this does is it removes the the term confusingly similar from statute in in sets out some simple parameters such as you know it gets not distinguishable if the only difference is using an ampersand before named that wouldn't be a distinguishable difference so it's set up some parameters on what they can be in and this will streamline the process for for people to get the entity names from the Secretary of State. One wish to speak against or for. Per share a good vote Senator has closed any objection to rolling about. Adam secretary please roll the vote rides Caldwell Chesterfield Clark Crowell Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love Me keys Murdock Payton Penzo Petty rice system Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote Senator Hickey that's no. Senator flowers president. Senator Chesterfield president. Any other senators wish to change his or her vote. C. nine please casts up the ballot. By a vote of thirty two yea one name and to present. S. the two zero five passes please transmit to the House now as the two eleven Senate bill two eleven by Senator Irvin to amend the law concerning carrying a concealed handgun on the property of the Arkansas department of transportation. Senator Irvin you're recognized. Thank you madam president members of the of the Senate it shouldn't say Irvin up there actually should say the your employees of the department of transportation because when the department of transportation survey their employees this is one of the main policies that they want to change they wanted to be able to carry firearms under the enhanced concealed carry permits and brought this legislation to the attention of the department of transportation so I am just humbly honored to bring this on their behalf well being happy to answer any questions any questions for Senator Irvin. Senator Mark Johnson you're recognized for a question. This is a. Director tutor in the Commission support this legislation center yes she's she within the committee and testified for the bill thank you thank you member of any other questions for Senator. Anyone wishing to speak against or for. Senator Irvin you're free to close thank you I'm close to present a good vote. Any objection to the rolling of a. Madam secretary please role of a board Brian 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 some Stubblefield Sullivan Tucker Wallace. Any senator wish to change his or her vote I see Senator love president I see Senator Tucker president. Senator Chesterfield president. Senator Murdock president. Any others on this side this side any Senator wish to change his or her vote. Please cast a ballot. But the. Thirty eight. One nine. Zero not loading and for president. Bill passes please transmit to the House. At the two fifty four Senate bill two fifty four by Senator coral an act to eliminate running candidates in elections to amend election procedures and to amend the law concerning election. this you're recognized thank you this is a simple clean up it is a the elections are extremely complicated in this is one area where we can simplify it for the county election officials the overall process process will be clear for the voters right now the current laws you can write in the write in blank only appears if somebody has gone in and signed up to be a write in candidate they haven't done the rest of it they just sign in to be a write in candidate otherwise there is no. There is no blank only the name of the person who filed as a write in candidate can be written in there and we get Elvis Presley Donald Duck quite often and they will not be counted that's why this is kind of a trap for a voter if you want you can choose not to vote for either of the candidates or any of the candidates that are on the the ballot. Currently and writing candidates are prohibited in municipality constable in presidential elections as it is right now. this will eliminate the right and Write in votes and streamline the process any questions. Any questions for Senator Kroll senator Chesterfield you're recognized for a question. Thank you Mr chairman thank you senator called the taking my mind whatever I'm doing now. Going back to education amends on Tuesday. We understand. You're going to eliminate write in candidates yes ma'am it's already eliminated in the presidential and the constable and this is just in the state elections and just eliminated the write in candidate because right now the only way there is actually a spot on the ballot is if somebody goes in and just sign since as I want to be a write in candidate my name is. You're not the school board candidates to just the state yes ma'am school board candidates to decide because the same applies for school board candidates they cannot be written in unless they went into the school board and said I want to be written in. All right thank you Senator Mark Johnson you're recognized for a question thank you madam president Senator Kroll have you heard of a gentleman named Thomas Dale offered. No Sir I have not I didn't think you had he was a congressman from Arkansas's fifth district which included Pulaski County until we continue to lose population and after the nineteen sixty cents as we went down to four congressional districts which is why we are now have for but one time this was we were B. standing in the fifth district you may wonder why we have five highway commissioners when they created to make black amendment they sent one from each of the five congressional districts doctor offered was an ophthalmologist here in Little Rock he ran as a write in candidate for Congress in one it went to the house of representatives whose name like us to be the sole judge of its members and they said that he won the election he served two terms in the U. S. Congress until the district was. Redrawn and we only had four congressmen but I didn't know if you're aware that I that's why I have a problem with the possibility of doing away with writing as well it is a rare occurrence in my research minute ago show there's only one other instance in history for a congressman was elected as a riding. However it did happen it could happen and do you not feel a little bit of consternation of possibly taking options away from voters by taking away this option. I do not I do not foresee this being an issue in the future. Thank you for answering my questions thank. Any other questions. Senator Hammer. Anyone wish to speak against. Senator Hammer you're recognized to speak for. Thank you ma'am governors want they want to point out is that this will not preclude anybody but establishes process already in some places you can other places you can't so that's the one thing on drive home is that this is to protect the integrity about as far as people writing it and then their vote not County because it's written on there that's the one point I want to get across thank you. Anyone wish to speak against or for. Senate pro. You're recognized. Preciado good vote thank you any objection to rowing the boat. There is an objection madam secretary please call the roll. Bowhead. Bryant. Caldwell. Caldwell. Chesterfield. Clark. Crawl. Davis. These. DISMANG. Dotson. English press. English. Flippo. Flowers. Gilmore. Gilmore. Hammer. Hester Hickey. Hickey. Hello. Irvine. Blake Johnson. Mark Johnson. King. Came. Leding. Leding. Love. The key. Murdock. Murdock. Thank. Penzo. Penzo. Petty. Petty. Rice. Rice. Stubblefield. Sullivan. Tucker. Wallace. With this side first any Senator wish to change his or her vote or vote at this time is not voted I see senator Patty is an icy center Gilmore. Is a present I see senator Murdock president anyone else on this side. On this side I see senator Penzo as president I see Senator English president. Senator Leding is an eye centre Caldwell. As president Senator Hickey is and I. Any others please check board. Please cast a ballot. I vote at eighteen yes a. Three nine one not voting thirteen president has speak two forty four passes please transmit to the House Senator Hester you're recognized. Of members dislike I talked about a little bit ago we've got the education bill going on we got a lot of people that have taken the day off work to be here so I'm gonna ask at this time that we maybe without objection that we move everything look remaining on today's calendar to tomorrow's calendar and we recess in till of eleven o'clock tomorrow. We have a nurse's breakfast tomorrow morning and I'm sure any announcements want to come after this but we will be in session at eleven o'clock tomorrow I think it's gonna be a long day maybe okay with I guess without objection we do the. All other items will be placed on the calendar. Other announcements. Thank you Mr president the realtors are having their of it tonight at the capital hotel at seven PM so beverage can make it's even thank you. Thank you senator any other announcements Senator Irvin you're recognized for the announcmenet. Yes there is a reception tonight's with Walmart's folks. M. F. from five to thirty to seven at next level events and then also tomorrow morning at next level events Arkansas nurses association has a breakfast. Senate will stand in a German subject to the clearing of the desk until eleven AM tomorrow. We are Senate bill three oh nine by Senator Hester to clarify the law.