Senate Convenes

The Senate will be called to order. Are there any request for leave at this time. Madam secretary please call the roll. Boyd right Caldwell Chesterfield Clark Crowell Davis these dismaying Dobson English Flippo flowers Gilmore Hammer Hester Hickey Hill. Earvin Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice stone Stubblefield Sullivan Tucker Wallace. Thank you madam secretary everyone in the chamber and in the galleries would please rise. For a player. I believe that we have. Senator Wallace is going to introduce a friend of his. To lead us in prayer and that will be followed by the pledge of allegiance thank you madam president in members I'd like to introduce brother junior Daniel dinner if you come up Sir. The New. The pastors are church in Lepanto and has been a community leader for many many years helps those with so many things I'm just so proud to have him here for the dinner analogies. Thank you senator Wallace and thank you lieutenant governor Senate majority minority leaders and the steam gentleman ladies in this room today we bow our heads in prayer. Most gracious heavenly father we come before you on this state thanking you for the opportunity to stand here before this wonderful group of men and women who have been elected by the people to serve the people of the great state of Arkansas I want to begin today by asking your forgiveness for our shortcomings first stands our selfishness or pride we seek your face in your direction in which you would help us to govern the people of that we're blessed to serve delivered so god from the hypocrisy. I'm attempting to sound concern but all the while being unconcerned we pray for the removal of those working to change the positive to the negative as you work for the good of those who love you today I pray for all of our elected officials in this room for the staffers and all in attendance I prefer Committee said committees that they would make plan conduct and design bills that would reflect your wisdom love and kindness allow each one of us today to be guided by moral compass directed by you O. lord I pray for the direction of our state and our government any word you said woe to those who call evil good and sadly heavenly father there's those who do just that we pray for the things that are definitely evil but have been presented and have blurred the lines of demarcation allowing people to think that is the new normal father we pray for fair and equal opportunity and representation of every person in this state including the unborn children and their rights fathers we stand upon the infallible word of god we proclaim that the State of Arkansas as a godly state ready to rise to the top in our country and leave with our policies are education in our Christian rights father I pray that you would clean and create in us a clean heart and have disappeared allow us to work across political aisles and be leaders that would benefit and be a blessing to all our pre for duration and knowledge mint in our limitations admit our faults and to affirm our fellow human beings despite our many differences those that serve in the secret chambers have been given a weighty and noble responsibility in serving the great people of this state as they continue this state I pray that you would grant them the wisdom of Solomon the courage of Esther and the patient's of Jeremiah may god be merciful to us simplices and called his face to shine upon us may god bless the state of Arkansas and may god continue to bless the United States of America and Jesus name I pray amen. Ladies and gentlemen in the galleries welcome two 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 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 are there some individuals waiting to come in here. I'm not sure. but I see some beautiful women dressed in red and white to my right I want you to welcome the ladies of delta sigma theta to the Arkansas state. In a lot of them a very very special but my mentor. Politically. And socially has always been miss Lottie shackle Ford and I want you to give a special shout out to her the first African American mayor of the great city Little Rock miss Lottie shackle for. Thank you so much Madam here welcome to your senate we hope that you will enjoy. Something that we did appear. Thank you senator Chesterfield and thank you mayor and all the ladies of delta one center Chesterfield told me that even though we're gonna be wearing green paint she said we better be ready today. Any other announcements. Senate bill more you're recognized thank you madam chair members with me today and I would ask leave for John L. for who I know all of you know and then with her today is Jordan Eric with a pack who does a great job working to continue to build and work on the relationship we have with Israel glad to have them with us today thank you for being here if you would currently for them. Please. The board center Dismang you're recognized thank you I just like FOR C. welcome to the leadership Church Searcy group that's here today create them coming capital being involved with the chamber to my left thank you. Senator Blake Johnson you're recognized for recognize the cricket county treasurer Terry make Matt and his wife and I would ask leave for their son lane who shatter me today lane is a four H. member and that is going to be a great four H. he he does a judging contest but please give leave the line so he can be with me on the floor. Thank you senator Johnson Senator Tucker you're recognized. Thank you madam president like to welcome Emily Claire Harrison to the Arkansas Senate today to serve as a page Emily is a fifteen year old sophomore at the greatest high school United States of America Little Rock Central High School where she's involved with the thespians she takes part in sound and publicity she's also involved in the yearbook where she loves the photography the writing and getting to know more about our classmates and then also the fellowship of Christian students where she serves as as a president she's interested in going to college eight either roads or American University and doing something with politics marketing and religion she comes from good stock great family on both sides and a very happy to have and we clear Harrison today with me as a page. Thank you senator central you're recognized. I'd like to give recognition to Kevin lady and Troy Tucker some of our fellow judges in the state thank you very much jim. The board you're recognized thank you madam president. Like to first of all welcome leadership Fort Smith our state capital most of them are out here watching on the screen because the galleries are full not only here but in the house as well and I have three of them that I think we will be rotating through if if you will grant them leave. You're recognized. Thank you madam president I too would like to recognize a special group today our leadership Crawford County who I guess we're on the right side of the river today so we were here first and we got some seats up here in the VIP section and in a matter of a perfect personal privilege my wife is also up there probably hiding in the back who helped run that program for a number of years so like for you to welcome them. Thank you for reading Senator English you're recognized. Thank you governor I would like to introduce my page for the day. How we print more and she is from sure would Arkansas and she is presently a student at Pulaski tech. She adds that a trustee Scholarship windage and gene five for endowed scholarship and student ambassador scholarship program. Seventeen thousand dollars in total scholarships she's with the five stated Kappa honor society and for semesters on the dean's list she's a top five percent of a sophomore class that you a PTC she small has a small pet sitting business and her goals are to transfer to you A. L. R. for a BA in American history an education and teach high school work in the Senate or the house and she wants to continue to have a master's degree in public policy congratulations thank you for being here. Penzo you're recognized. Thank you Mr president today's rule today the capital we've got about two hundred fifty realtors either on this side or the other side in the house right now I see some familiar faces up on this side thank you over here so but it does to present all coming down and taking the day off to come down and. Meet everybody so there are different laws. Thank you governor of. You what I'd like to ask for leave for my friend and political activists from Garland County Richey Kalen. Thank you senator Clark Senator Wallace you're recognized. Thank you madam president. Members elected there's a page Laura Newman daughter of Italy newer in pastor back in the back should basketball player softball player accomplish song writer say is beautifully Is Your go in on to do great things in life and we welcome the Senate. Thank you senator Wallace and mark Johnson you're recognized. Thank you madam president of for those of you that haven't partaken yet the home school folks that been the capital today have provided you with sweets there's on the table in the quiet room if you didn't get them I was told that they were a calorie and carb free I don't really believe that's true but it makes you feel better we'll say that of madam president I can't help but think after hearing governor speaking the rotunda this morning and and see all the the home school kids. Now the number of children that are home schooled in Arkansas if they were in one district they'd be the largest school district in the state and I remember some of the Fite said I will column fights as a truly war over the last thirty years one I recall was to pass a bill that public people call the Tim TiVo law that let home schoolers participate in extracurricular activities and it was a bipartisan effort it was not successful at first but eventually his former Senator Elliot was someone that worked with us on that so I appreciate the fact that on both sides of the aisle that that was done I remember the year that it failed and we came back in two years and passed it hi. Was in committee and the Bill failed and there was a young man from Monticello I believe and he said we went I went to lunch with them later and he said all I wanted to do was play football with my friends that I play baseball within the summer and now that's not only reality but all the extracurricular activities are available to home schoolers and even more when the learns Act is passed so celebrate with them about twenty five or thirty years of progress and thank everyone and don't forget your sweets in the choir thank you ma'am. Thank you senator John. When you're recognized. Thank you governor but introduce our doctor of the day Dr Mathew House Jean back in the back here he's in Jonesborough Arkansas we're welcome that glad to have them thank you. For a loyal nurse of the day Shuri Bernard thank you shared. Any other announcements. When you're recognized. Sometimes we do this at the end of the of the schedule but there is a fiftieth anniversary celebration tonight from five to seven four AM Arkansas foundation for medical care that we would invite you to but then also this afternoon that we are having a public joint public health committee Senate and house and we're going to have presentations on work force healthcare workforce issues we know that that's a big issue for our state and what we're facing so this is a joint public health committee and this afternoon focus on workforce issues it's gonna be ten minutes upon adjournment of both chambers in room a of big mac. Thanks any other announcements. Madam secretary or other items at the desk. Yes madam president will your committee on engrossed bills to whom was referred Senate bill five by Senator hill compare the engrossed copy with the original find same correctly engrossed agriculture Committee on engrossed bills to whom was referred Senate bill one twenty six by Senator Hickey the engrossed copy with the original find same correctly engrossed public retirement Committee on engrossed bills to whom was referred Senate bill one twenty seven by Senator Hickey compare the engrossed copy with the original find same correctly engrossed. Retirement community west Bills to whom was referred Senate bill two sixty one by Senator Pitsch compare the engrossed copy with the original find same correctly engrossed Revenue and Tax Committee on engrossed bills to whom was referred house bill eleven forty three by representative five compared the engrossed copy with the original find same correctly engrossed Revenue and Tax. Your committee on city county local to whom was referred Senate bill forty three by Senator Stubblefield recommend due pass to concur on house amendments one and two calendar committee on city county local to whom was referred Senate bill one ninety seven by Senator Brien recommend due pass counted been sick I looking to whom was referred senate to eleven by Senator Irving recommend due pass counted Committee on city county local to whom was referred house bill eleven sixty two by representative right recommend due pass counted Committee on city county local to whom was referred house bill thirteen eighteen representative Cavenaugh recommend to pass as amended number one calendar. Committee on city county local to whom was referred house bill thirteen twenty seven by representative Gazaway recommend due pass counted. Committee on insurance and commerce to whom was referred senate two O. five by Senator penso recommend due pass counted. Committee on joint budget to whom was referred Senate bill two eighteen by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill ten nineteen by joint budget recommend due pass counted be on joint budget to whom was referred senate to twenty by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two twenty one by joint budget recommend due pass counted. Committee on joint budget to whom was referred senate to twenty two by joint budget recommend due pass counted Committee on joint budget to whom was referred senate to twenty three by joint budget recommend due pass counted Committee on joint budget to whom was referred senate to twenty four by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two twenty five by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two twenty six by joint budget recommend due pass counted Committee on joint budget to whom was referred senate to twenty seven by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two twenty eight by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two twenty nine by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two forty by joint budget recommend due pass counted Committee on joint budget to whom was referred senate to forty one by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two forty two by joint budget recommend due pass counted Committee on joint budget to whom was referred senate to forty three by joint budget recommend due pass counted Committee on joint budget to whom was referred Senate bill two forty four by joint budget recommend due pass counted Committee on joint budget to whom was referred senate to forty five by joint budget recommend due pass counted. The on state agencies governmental affairs he was first Senate bill one twenty one by Senator Mark Johnson recommend to pass as amended number two. Counted Committee on state agencies governmental affairs to whom was referred Senate bill two fifty four by Senator Carl recommend to pass calendar Committee on state agencies governmental affairs to whom was referred Senate bill two fifty five by Senator McKee recommend to pass as amended number one. Counted Committee on state agencies to whom was referred Senate bill two sixty seven by Senator Blake Johnson recommend to pass. Counted Committee on state agencies governmental affairs team was referred Senate bill two seventy two by Senator Patty recommend to pass calendar. Committee on state agencies governmental affairs to whom was referred house bill thirteen eighty one person Wardlaw recommend due pass counted. Senate bill two ninety six by Senator Hickey an act for the Department transformation shares services statewide shares services employee benefits division of preparation for the twenty twenty three twenty twenty four fifteen percent fourteen ninety six joint budget senate two ninety seven by Senator Dismang to amend the Arkansas underground facilities damage prevention act and declare an emergency senate two ninety seven Insurance and Commerce. Any further business to come before the body in the morning hour. If not the morning hour has expired we will now begin the business agenda. Senate Morial resolution three. Senate memorial resolution three by Senator deas to remember that detective Paul Newell and recognize his service to the state of Arkansas. Senator days you're recognized thank you madam chair. Members I'm gonna invite down our special guests today I know we've recognized a lot of guests today but this is a special group here. We've got miss Charlene you'll her daughter Tonya and her sister Cheryl. In this today is about a Senate memorial resolution for Paul Newell. Harass we stand up in honor this this group and remember Paul Newell. I'm gonna read about him so you can get get caught up to speed if you're not familiar with their story but we lost Paul Newell sixty six days ago. On December seventeenth. Serving our community serving my family in Benton County. My family is safer because of Paul our communities stronger because of him in his twenty four years of service to the Benton county sheriff's department. And I was reminded of psalm sixty eight where it says that the lord our god is the father of the fatherless. He's the defender of widows any settles the loneliness in us and our god our lord and savior he's the only one that can truly do that well but today we want to honor Paul we want to stand with you I want to see everyone stand in honor and say we're with you and we're encouraging you and you're not alone. We're so thankful for you and your family for what falls on his legacy we read today what we want to vote on and put into state law to honor Paul. On December seventeenth two thousand twenty two sixty six days ago detective detective Paul Newell of the Benton county sheriff's office died in the line of duty well escorting reach across America and in a procession through Bentonville detected no was hired by the Benton county sheriff's office on December first nineteen ninety eight to work in the detention department before his graduation from the Arkansas law enforcement training academy. During detective novels career with the Benton county sheriff's office he served as patrol deputy a patrol sergeant in training sergeant and as a lieutenant in the administration section. At the time of his death detectives will serve as a detective in the criminal investigation division of the Benton county sheriff's office detective Noel helped to establish the Benton county sheriff's office motor division after graduating from the police motorcycle operation course in two thousand six. Detected no had a love of motorcycles. Any became certified in Harley Davidson tech technician in two thousand twenty one he was instrumental in the maintenance operation of the Benton county sheriff's office motorcycle fleet. Lieutenant Shannon Jenkins with the Benton county sheriff's office stated that detective Noel is leaving behind a long legacy with the Department as a man of many hats. If there is twenty four year career has served honorably detective Newell was known to all for being being deeply committed to the community he served in a perhaps most of all as a police officer who exemplify the role to to protect and to serve. So now therefore be it resolved by the Senate of the ninety fourth General Assembly the State of Arkansas that the Senate honor the memory of detective Paul Newell extend sincere condolences to his family and recognized his contributions to the state of Arkansas and local community be it further resolved that upon adoption a copy of this resolution be provided to the family detective novel by the Secretary of State. We're gonna ask for a strong and loud vote and when you hear us vote I pray that you will remember it. Because there will be hard times I pray you remember this sound of us saying that we're with you through this vote Senate governor I'd ask for a good vote on this Memorial. Thank you senator what all those in favor of Senate memorial resolution three to remember detective Paul Newell and to recognize his service to the state of Arkansas please signify by saying aye No opposed. Is have it Senate memorial resolution three recognizing remember in the life of all bills passed thank you. Members. Senator Rapert you're recognized members what you may also not know about detective Paul Newell is that he was part of my legislative team he came down and gave his time and his energy to craft policy that we have passed in the state of Arkansas he came to testify and he was part of my team and we he was part of the Arkansas sex offender offenders management managers association two of the law enforcement officers that served on my legislative team crafting excellent policy keeping all of us safe was Paul Newell and the other one was Stone County sheriff's dept deputy might Steven who also died in the line of duty and they're both gone but I just wanted to be able to express that to you personally that these folks make such an incredible contribution to our state and those laws that he helped craft and he came and testified for they will live on in his name thank you. Thank you senator open and the body will be at ease for just a couple moments because I would like to shake hands and hug the family members someone who sacrificed so much on behalf the state of Arkansas that will be used for just a moment. We have S. B. eighty one. Amendment to the Senate bill eighty one. Senator Solomon you're recognized thank you madam governor folks is my bill my amendment thank you. Thank Senator Solomon anyone. The questions wish to speak against her for. Senator has closed. All those in favor signify by saying aye. Any opposed. That is adopted Senator Ingram. Next number one to HB one seventeen Amendment one Senate bill one seventeen. Senator Hammer you're recognized commend governor my bill my amendment appreciate a good vote. Thank you any questions anyone wish to speak against for Senator Hammer has closed. All those in favor signify by saying aye. Any opposed. It is adopted center engrossing. Let me seventy eight. Seventy eight by Senator Hester Hickey to remove the requirement for member contributions to the Arkansas judicial retirement system in the event that the judge or justice has forfeited his or her rights to retirement benefits from the system and declare an emergency. Senate you're recognized thank you madam governor members I will give you a little context about this bill what is what it does years ago there was a statute passed that is on the books and what it does is it says that you cannot continue to run for judge or justice judges what it says if you're after the age of seventy. If you do I guess I just so you could still do it however what it says is that the way they read written it is that you would forfeit your retirement benefits. Well in looking at that and I will tell you right now personally I don't agree with age seventy but this bill does not to contend with that what this bill does is says that if you are judge or justice and that if you are going to continue to run you will forego you the your your pension or retirement benefits but what it says is that you will not have to continue to put into the system I would assume that that was in an unintended consequence at the time can't say for sure but that you have to continue to put into the system even even if you're re elected by the people one other thing that it does and that I decided that this was a fairness thing it does allow that if you do that that you are able to get your principal only back so the principle that you've actually put in you would be able to get that back you could not get any interest earnings that were off of that again just a sold principal back to you. Questions for Senator Hickey. Senator Hester you're recognized for a question. So I think originally that law was passed to the judges you know would not continue to re run right because it's a significant sacrifice if we passes today a judge would you would be able to continue to run without losing retirement sector no they would they would still lose their retirement as odd as it was the way that the the bill was written it said even if they did continue to run that they would have to continue to put into the system with no chance of ever getting it back so that corrects that what I'm almost sure was an unintended consequence does go one step further that I did put in there because I thought was correct is that they would get their principal back I would assume that that was probably desired whatever the the legislation was put in so thank. Any other questions for Senator Hickey center Dotson you're recognized. Thank you madam chair Senator Hickey generally I've seen these bills throughout the years the. Oftentimes these things brought up because there's there's a question by someone or some group to have this done to bring this. Legislation to use of I don't know that I will say you need to any particular particular justice it was originally brought to me by justice because he had decided to run and that he was just concerned about the having to continue to put in again the part in looking at it about the principal that's just something that I kind of devise and thought. You know why would you have to. To everybody here no you probably heard I did have another another bill to do away with that age requirement it's not my intention to run that is just to do to do this bill itself thank you thank you Sir. Any other questions for Senator Ricky center Brian you're recognized. So the center Hickey in that same vein. Really the the main thing we're changing this tax is added to not just to regulators all have good now added justice. Well I think everybody the everybody was including it as all inclusive inclusive whether you're a judge or justice this is just to make a hundred percent sure that everybody knows that it's it's it is the judge or justice practice we've been considering both both in practice but again this says that just so there's no mistake that both will be able to get that back. But again we've been treating it that way anyway. Any other questions anyone Senator Mark Johnson. Thank you Mr president Senator Hickey we discussed this in retirement committee correct me if I'm wrong but my understanding is to center right Christian these are whether a judge or judges these are members of the Arkansas judicial retirement system that are subject to this limitation which is kind of a back door term limit type thing is that correct. That's what judge it's it would be a it would be it possibly could be considered a term limit that was forced owned by the legislature you know I understand we're representing the people but it wouldn't be anything that was in a normal term limit that would have been voted in of course by the people and that is kind of an issue that I have with that to a lot of you all in here probably over the age seventy and you know I think most of most of you are confident or that or that age but you know also you know we this is the only place that we we say that if you're of a certain age that you can continue to run but but this doesn't change that Arkansas has to do with does not opted out in effect by running again and live and stay on the court passed seven the then you should be required to pay into a system that you're never going to get anything out of hand you wouldn't be report you would be allowed to take out your principal payments only which my research shows is probably required under some case law related to other other things but hi this is just clarifies that ninety three yes that is exactly correct Senator Johnson thank you Sir thank you members. Thank you any other questions for Senator making. Anyone wish to speak against. Anyone wish to speak for. Senator your free quote some closed. Senator has closed any objection to rowing the boat. At junction noted ma'am secretary please call the roll away the right. Caldwell. Caldwell. Chesterfield. Clark. Kroll. Davis. Davis. These. This bang. Yeah. This my. Dotson. English Flippo. Flowers. Gilmore. Hammer. Hester. Hickey. Health. Hello. Irvine. Blake Johnson. Mark Johnson King. Leding. One. The key. Murdock. Okay. And. Petty. Rice. Rice Staten. Stubblefield. Stubblefield. Sullivan. Tucker. Wallace. Any senator is not voted it was just about this time again on this side Senator Davis hi. Any other Senator on this side any center on the side Senator Caldwell I'd senate bill I. Senator Stubblefield I'd. Any other Senator wish to change your vote for vote. C. nine please cast a ballot. By a vote of thirty three games one name and one not voting. S. Meeks seventy eight. Passes as those of the emergency clause please transmit to the House. S. B. one ninety nine. Senate bill one ninety nine by Senator Stubblefield in representative Bentley concerning medical malpractice and gender transition in minors interpret the protecting minors from medical malpractice act of twenty twenty three. Senator Stubblefield you're recognized. Thank you Mr president. College you know and no other part of the medical world is it considered acceptable or even legal to damage the body of a healthy person. The reversibly. Senate bill ninety one ninety nine simply clarifies that a child who suffers an injury. As a result of a sex change procedure consumer healthcare provider who perform the procedure the child. This bill will allow the child to sit up to fifteen years after their eighteen years old. Of it was originally thirty we backed it off to fifteen. the bill also outlines consent process is doctors could follow sex reassignment procedures. Of. Be glad take any questions. Questions for Senator Stubblefield. No questions anyone was to speak against. Enter Tucker you're recognized to speak against. Thank you madam president. I just want to take a few minutes slow down and clarify what we're actually talking about here in committee we had a very Senate discussion about this particular bill never terms thrown away around like child abuse and mutilation and procedures like this and I just want to try to convey in an accurate picture of what's really happening in Arkansas we know a lot about this because of the safe act that was passed two years ago I don't think anybody in this chamber or in the other chamber would be for mutilating or a child or abusing a child or for any thing that attach as any permanence to a child before they turn eighteen I don't think anybody here would support that. That's not what's happening we know from testimony this time in two years ago I want to say I want to say fact was passed that there's about twenty kids in Arkansas twenty in the state who receive gender affirming care. And what that care is is not anything that would attach permanence to that child. It's basically a placeholder so the child can have a few years until they reach their adulthood before they make any permanent decisions. And those decisions are reached with their parents and their physicians after months of consideration it's very thoughtful and loving process and what this bill says is we know better than parents and doctors for these twenty kids it's big government stepping in and making the most personal decisions for kids. So that's that's the first reason to be opposed to the bills because it targets a marginalized community in our state the second reason is because I do believe it is unconstitutional on it I'll explain why. The equal protection clause says you have to treat everyone the same based on their sex and this record justice nominee by president trump Neil Gorsuch authored opinion a few years ago that says it's impossible to discriminate against transgender person without discriminating based on their sex. So we know that word sex includes people who discriminate against based on. Their status as a transgender person. Now how does this discriminate against people based on their status as a transgender person again all you have to do is look at the language in the bill it only applies to quote gender transition procedures it does not apply to surgeries that happen all the time with newborn babies that on their genitals. It doesn't apply to that that specifically excluded from the bill. Circumcisions. Hi there you can go through a number of procedures where there are medical treatments on generals and and private body parts that are excluded from the bill that are totally legitimate and expect the most obvious example is puberty blockers that specifically mentioned in the bill we had a lot of questions on this point in committee. The argument is that puberty blockers pose a real risk to minors because there's a long term risk of osteoporosis well people to walkers have been used for generations to treat a to what's called precocious puberty a child who begins puberty at an early age and it allows them to put puberty off until a more normal time frame for puberty now there's no plausible explanation. For how puberty blockers could pose a risk for gender affirming care that does not exist when is treating precocious puberty there was no example of that sided no study cited in committee when I asked that question and there's no example cited in committee to go back to where I was a minute ago about any. Permanent procedure taking place for any child in Arkansas so that's that's not what's happening. The other part of this is the safe act is being held up in court right now there's a preliminary injunction saying it is unconstitutional violates the equal protection clause of the Fourteenth Amendment the US constitution and at the Supreme Court or not not the Supreme Court pardon me the eight circuit one level below the Supreme Court said we're not reviewing that so there's no permanent solution reached as of yet but on a preliminary basis they said this is unconstitutional so what this bill does. It's it's an end run around. Violating the equal protection clause and I'm gonna side another Supreme Court justice Bragg Cavenaugh he said it's a bad idea to have private rights of action better in runs around. Constitutional rights like equal protection of the law and the reason is because you don't know what another state might do. The reason he cited as he said someone in another state might pass a law saying there's private enforcement. Of a bill that prevents you from owning a certain type of firearm and that would be a violation of the second member right and if we allow that on one constitutional right that who's to say that it can't happen for any constitutional right so we're if we pass this bill were opening the door in this state or other states to have in runs around. Constitutional rights and in this case. That right is the protection of the law the end so that that's the second reason for reason to be against the bills because it turns medical malpractice law on its head right now in order to sue a doctor for medical negligence it's one of the most difficult burdens of proof that any plan can have in civil court. And that's for good reason in order to establish medical negligence on the part of the physician or medical care provider. You have to have expert testimony. To establish what the standard of care is that's how you know whether someone was negligent or not if they if they're. Share fell below the standard of care so you have to establish what the standard of care is and the only way you can do that is with an expert in that person's field from that person's area and only then once you established that standard of care based on science and medicine. Can you determine whether someone fell below that standard of care and what this bill does is it moves it from negligence for these procedures only to essentially strict liability which require ability means. You don't have to do anything wrong in your mind if you just do the act then you're liable so it takes medical negligence or our medical malpractice say. From something that's based in science and medicine it is extremely difficult to prove to the lowest level of proof necessary. and it's going to be pose a real problem for for physicians in the state for all those procedures I was mentioning earlier circumcisions or whatever the case might be so. There's a lot of reasons to be against the bill and I'm happy to to take questions but before I do I'll just close with where I started which is to say that this bill really targets. The marginalized and misunderstood community in Arkansas. just like on all the bills that deal with trans our Kansans do that come through here and it's called gender affirming care for a reason really because we're a farming who these people are and we pass bills like this the message is is not that they're a firm is at the rejected by their own state ninety nine percent of the people in this state will never have any idea that this bill passes before the people whose lives it does affected so questions for them. And their children of god just like everybody else and we pass bills through this room for decades that target marginalized and misunderstood communities what I want that community to know today is that this bill at the very least won't pass unanimously and that. Some people down here fighting for them to be the people to god created them to be with that I'll be happy to take questions. Question for Senator Tucker Senator Solomon. But you want to slow the process that we've been discussing for several years now so can you tell lower profits down means that. Well when we have testimony committee and that there's a question do you have one example of this happening in Arkansas history and the answer is no. And when we have a question of you know there's that you claim that the reason we're doing this is because of the risk of puberty blocker proposes to a teenager And and then the question is will why are we addressing the risk to someone with precocious puberty and there's no plausible explanation for that you know. I'll put it a different way senator we need to have bills that are based on evidence and not on theory and speculation but even if we pass bills without evidence which we do too often down here they're at least need to be plausible explanations for them so to answer your question we have to slow down first until there's evidence but beyond that at least until there's a plausible explanation for. Follows. So you mentioned several procedures that we do that are legal now we do go to the protection for the health of children for you forget that you suggested in your comments that those for allowable and good and now that is the division that around so those other. For for for for we do go to protect children and protect their health those that the standard not applied. There's inconsistency in the logic of the bill I would agree because the bill the bill says we're going to prohibit the certain procedures because we care about kids but there are other procedures that affect kids permanently that were not right we're not regulating with this bill and so for really looking out for kids for example with puberty blockers before really looking out for kids in the risk posed to them. As of osteoporosis or otherwise for treatment for gender dysphoria then let's step up to the plate and regulated for people who are using it for gender affirming care as well for people who have to take for precocious puberty if the risk is really that serious or if we don't want any permanent changes the children made until we have an opportunity to make that decision as an adult let's do it for all of but that's how we know the the bill violates the equal protection clause because we're not doing it for all of them were picking on a certain marginalized and misunderstood community in Arkansas. The group. That were making the body have the legislative authority to make a decision and I appreciate you say you don't want people for for a record people on the other side I want to thank you. Any other questions. Anyone wishing to speak for the bill. Senator Clark you're recognized. The. It's hard to narrow this down to. Something brief enough to present here. Take you back to two thousand twenty. not reported in the American news care a bill twenty three who has since transaction transition back to a female accused have a stock Tavistock it was the agenda. Of treatment clinic Ford of minors in the U. K.. Accused Tavistock and Portman NHS crossed of rushing her treatment when she was diagnosed with gender dysphoria she later regretted this decision despite admitting she had no doubt at the time she was sixteen she wanted to change her gender. She said she had used transitioning as a coping mechanism and accused her doctors of not carrying out a real investigation into a mental health. To have a start of in the the clinic is called our judges gender identity development service. Further statement against the jets provides a thoughtful and measured service for children young people their families who come to us in considerable distress our clinicians have no preconceptions about outcome for the young people or referred to our service all of whom are provided with psycho social support throughout their time with this much like we have here. Here in Arkansas today everything's Fund trust us. We'll bring you a currently. English National Health Service NHS is shutting down the infamous Tavistock clinic the country's key how are key hope for child gender swapping treatment but there is no yet no indication. That's July of this year. The Tavistock and Portman NHS foundation trust gender identity development service had become hugely controversial in recent years with the number of girls in particular being diagnosed as having gender dysphoria increasing by five thousand percent in less than ten years. Special note reported here and if you're interested in the subject you should read. A former governor of the trust of whistle blower Dr David bill high up within this clinic and very much trusted of their wards that there was virtually no psychological scrutiny at all before children were shunted into a pathway towards life altering medication and surgery but some positions the number of children seeking generous on mint reportedly surged by another twenty percent during the weekend virus lockdowns and issues including a so called the print preview the transition are suing the Tavistock that was care a bill after she was rushed into gender reassignment after roughly three short sessions and no real investigation of any mission mental issues possibly underlying her teenage belief that she was born in the wrong body. Haploid the clinic. That the National Health Service in Great Britain appointed Dr Hilary cast to do a study which came back recommending that this place be closed down that was the chief recommendation. Of it is not a safe. That the treatment of a stock is not a safer viable long term option for patients and that its focus on gender identity has overshadowed considerations of other mental health issues. Bill. What we heard continuing committee is just you've got to trust us there is only one study. There's only one exhaustive study done by Sweden that followed every single person who praised the transition in Sweden between nineteen seventy three in two thousand four the suicide rate which is talked about a lot among those who not be transition who have transition among those who of transition is numerous times the The people as a whole Middle of. A health hospitalization is it many times and we could go on and on but what they found and partly because of that Sweden modern Sweden. Who has been a little world leader in this. Has stopped. Committee blockers that's what they don't talk about has as of this past year stop using puberty blockers and the cross hormones with minors and so it's been one another earlier English down there clinic. And so we'll come back to just trust us this bill doesn't stopping by from the in fact those but there was another recommendation in here to do exactly what this bill says that if you're going to do it that you will that you have a statement that you read the folks to the parents and to the child so that they know what the dangers are. And the other thing that this does is allow somebody who received this treatment. We're not targeting anybody we're not punishing anybody. That somebody who receives this treatment can come back and if you're so sure about it no worries. But there's reason because science is a curse in Sweden. We're not immune to unsighted occurs in Finland were not immune to and that's what we heard will you know that's not the Americans for you will Americans like nor any the people who have gone before us is insane doctors or no and we're here about protecting kids in this says that if if this treatment is authorized at first they have to be worn and second that up to fifteen years if they come back and say you've run my life. Because this same treatment code. That they consider. I think it's a great bill. Anyone. I have a question for Senator Clark in urban. Thank you and I'm not sure if you can answer the question I know you worked on the thank you for the sponsor of this act and I know a lot of language I think was taken from the same five to nothing to do with this bill okay well and you may not be able to answer the phone I'm I apologize that when you went on page two when we talk about gender transition procedure does not include and there's a list there I'm an Senator Stubblefield might wanna answer this but circumcision to me like why we've we've had that have in the list that would not be included as a gender transition transition procedure or listing fees because it's not a gender transition. Right what this says is gender transition procedure does not include and like why wouldn't we just go ahead and list that. And that is not a medical professional professional but I would have thought it was because it's not in any way what it's it is genital surgery it is in no way a gender transition. Right I understand that on page one on line thirty five and thirty six it talks about alter or remove physical or an addict or an atomic all characteristics or features that are typical for the end of the individual. That so. I guess I would just want clarification just to make sure I'm fine with the whole idea of the bill what I don't want to see is language that would. Because like when a little boy needs to be circumcised of the baby it's a lot less painful to do it then versus when you're older so I'm told that but there's all the little girls that don't come out of the way and just perfectly and so there are some types of procedures that would need to be done you know for those little baby girls as well so. I just think clarification probably might be a good thing just to make sure that those things are not wrapped up in the whole thank you senator I am not a medical professional of those who are trust and talk to no one has has has come to me with the concern thank you for trying to answer thank. Anyone would wish to speak against. Anyone wish to speak for. Senator Stubblefield you're pretty close. Thank you ma'am. Thank you Mr president. Of what Senator Clark was referring to in regard to Sweden is finally Sweden after their suicide rate were nineteen times higher the people who transition other than the general switch population they decided they were going the wrong direction. Along with Finland and Great Britain there to this just in working out like we thought it would change in little boys and little girls little girls and boys Beijing has just not working out. I don't know what I'm is growing the. But the how we got to this place in our society I don't know. Because it QD blockers in cross sex hormones are to have never been approved to give. Been given to loved kids but no they're not approved now. Can you measure given pretty blockers since and cross sex hormones two three and four and five year old girls and boys. One doctor told me to we reduce the number of years thirty to fifteen. He said. That's not gonna make any difference he said anybody that goes to this procedure will have problem till the day they die. And I said. You're probably right he said I am right. So I hope you think about this. Because the safe act was a good bill. The problem is to get thrown out. And I hope it comes back with this in the meantime we've got kids that are being. Mutilated don't use the word again because that's what it is in fact a doctor told me last week when I went Fort Smith he said you were kind when use word mutilation anybody saying this procedure it is mutilation. So I'm closed project. Senator has closed Madam Secretary please call the roll. Boyd. Right. Caldwell. Caldwell. Chesterfield. Clark. Kroll. Davis. Davis Dismang. Dotson. English. Flippo. Flowers. Gilmore hammer. Hester. Hickey. Hello. Irvine. Blake Johnson. Mark Johnson. King. Leding. Live. Mickey. Murdock. Murdock. Hi. Penzo Petty. Rice. Staffan. Stubblefield. Sullivan. Tucker. Wallace. Any senators who have not voted who wish to vote or who wish to change their vote. Senator Murdock is a no. Any senators on the side Senator Caldwell. Is a yes. Any other senators. Please check board. Please cast up the ballot. Five twenty ninety six name. Bill passes please transmit to the House. Senator dot is asked to pass over SB two sixteen we will now go to H. B. ten thirty one. House bill ten thirty one by representative fight with senator Hammer to amend the Arkansas highway revenue distribution law concerning distributions to county and funds and municipal and funds. Senator Hammer you're recognized. Thank you ma'am governor this bill is brought at the request of legislative audit's due to the legislation passed last session municipalities owing money to the street fund for on allowable expenditures required passion ordinance resolution RuPay District funny chair with at least ten percent of general revenue if the municipality cannot commit to that amount of funding then the municipality can seek approval for a lower amount from the Legislative Joint auditing committee and currently the term general revenue is not defined what house bill ten thirty one does is provides a definition of general revenue for the used in that calculation and additionally this bill repeals obsolete language related to the one time funding in two thousand seven there was no known opposition to this bill. Take any questions any questions for Senator hammer Senator Blake Johnson you're recognized for a question so they can put the money in the general fund. The street signs. Well what I was told is that this is creating the terminology to where they can move the money as a need to in order to pay for what it was determined through legislative audit that they misspent money out of the street fund so I mean it's it's traceable all the way through but it creates the pathway to for to happen that isn't there because the way the terminology is written now. What was the last this money to go straight into the general fund no not not somewhere okay thank you thank you any other questions for Senator Hammer. Anyone wish to speak against anyone would speak for. Senator you're pretty close close would be appreciate a good vote. Thank you senator any objection to rowing a boat. Madam secretary please role 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 stem Stubblefield Sullivan Tucker Wallace. Any senator who wishes to change his or her vote. Sandline please cast a ballot. By a vote of thirty five eighty zero nine bill passes please return to the House. Any other announcements at this time. Any items at the desk. Yes ma'am more your committee on engrossed bills to whom was far referred Senate bill eighty one by Senator Sullivan compare the engrossed copy with the original find same correctly engrossed. We are committee on west Bills to whom was referred senate one seventeen by Senator Hammer compare the engrossed copy with the original find same correctly engrossed calendar. Senate resolution twelve by Senator Clark to recognize the Malvern leopards football team as class four A. state champions Senate resolution twelve calendar similar to ninety eight by Senator Hammer to establish salary basis for nursing program facilities several ten ninety eight public health Senate bill two ninety nine by Senator Hammer to establish nursing earn to learn a programs and authorize a nursing student to foreign direct patient care clinical training credit hours and working a healthcare facility in certain jobs Senate bill two ninety nine public health center three hundred by Senator Hammer to create a data repository to collect report track and trend data regarding nursing education and nursing for a work forces in Arkansas Senate bill three hundred public health center three oh one by Senator Hammer to set certain amounts of clinical hours for nursing students in certain degree program Senate bill three oh one public health center three antenna Senator Hammer to create the clinical nurse education portal Senate bill three oh to public health some of three oh three by Senator Tucker taught to open hello to give open enrollment public charter schools the authority to white mission lotteries at their discretion Senate bill three oh three education other announcements Senator Solomon you're recognized. Thank you madam governor folks there's a group called Pacific liberty a group of attorneys that helped I have worked with the legislature wars on Senate bill seventy one the in state discrimination they're going to be a Capitol Hill from about five to six thirty tonight anyone that would like to come and meet with them and ask questions part of that discussion will be available thank you. I think Senator Solomon Senator Rapert you're recognized. The for those that sent me a text in a in affirmation of going to see our prison system immediately after session with you would please meet me in the quiet room right after session will get a carpool going thank you. Any other announcements. The Senate will stand and adjournment subject to the clearing of the desk until at one PM tomorrow February twenty second two thousand twenty three.