Senate Convenes

Senate will be called order are there any request related it's time. Senator Clark you're recognized. Uppermost brings my shall. Secretary please call the roll. Boyd Bryant Caldwell Chesterfield Clark Crowell Davis these dismaying Dotson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvine Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice some Stubblefield Sullivan Tucker Wallace. Thank you madam secretary for everyone in the chamber the galleries would please rise for prayer led by Senator Bryant followed by. I pledge allegiance. Let us pray. Lord we ask for your sovereignty over our state and over its people. May this body be humbled in your service and strive to do your will may rest on your shoulders and seek mercy when we fail we ask for you for for your protection for those who service in our schools and our military and our first responders grants in the peace and their varsity the with our president and our Congress as they to seek to improve our nation in your words a man. From of the United States of America and to the Republic for which it stands one nation under god indivisible with liberty and justice for all. Thank you ladies and gentlemen in the galleries welcome to your 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 in the Senate will dispense with the reading of the Journal. Good morning hour has now begun are there any announcements for introductions at times and days you're recognized. Thank you madam chair and members I just want to recognize we have a special group here today we have students from our optometry school with us and and in the gallery if they would mind standing so we can recognize and especially Tyler Fisher from silence springs as special shout out so thank you all for being here today. Any other. Madam secretary other items at the desk yes Sir will your committee on education to whom was referred Senate bill sixty eight by Senator Dobson recommend due pass counted Committee on Education was referred house bill ten seventeen by representative very recommend due pass counted. Committee on Education whom was referred house bill eleven twenty two by representative Bob recommend due pass counted for your committee on Judiciary to whom was referred Senate bill forty eight recommend due pass counted Committee on Education whom was. On Judiciary to whom was referred house bill ten twenty eight AM to five recommend due pass counted. Committee on Public Health to whom was referred Senate bill fifty seven by Senator Irvin recommend due pass counted Committee on Public Health to whom was referred Senate bill fifty eight by Senator Irving recommend due pass counted. Committee on Public Health two was first Senate bill seventy four by Senator bored recommend to pass as amended number ten calendar. Committee on Public Health to whom was referred Senate bill eighty nine by Senator English recommend due pass counted. Committee on Public Health to whom was referred Senate bill ninety three by Senator Hammer recommend due pass counted Committee on Public Health to whom was referred house bill eleven thirty seven by representative Cavenaugh recommend due pass counted Committee on Public Health tennis boat house eleven forty five. Senate by representative Scott recommend due pass counted. Senate concurrent resolution two by Senator Hester providing the to Senate and house of representatives of the ninety first General Assembly I recess on Thursday March sixteenth twenty twenty three and reconvene on Monday March twenty seven twenty twenty three Senate concurrent resolution. Calendar Senate concurrent resolution three by Senator love designated the House learning of cardio pass the awareness day to educate people about cardio past. Senate concurrent resolution three calendar Senate bill one thirteen by Senator Davis to ensure that health care providers are properly reimbursed by the Arkansas Medicaid program for providing a long acting reversible kind contraception immediately and during a post partum Senate bill one thirteen public health center one fourteen by Senator Tucker to amend the filing of campaign finance reports to amend the law concerning candidate contribution filings Intermin portions of initiated act one of nineteen ninety an initiated act one of nineteen ninety six Senate bill one fourteen state agencies about one fifteen by Senator Hammer to amend and update the law concerning survivor entity benefits under the Arkansas teacher retirement system and Claire an emergency Senate bill one fifteen retirement center one sixteen by Senator Hammer to allow the purchase of permissive service credit under the Arkansas teacher retirement system plan emergency Senate bill one sixteen retirement center one seventeen by Senator Hammer to amend the law concerning the termination separation period of the Arkansas teacher retirement system player in emergency center one seventeen retirement center one eighteen by Senator stops and at al to to define the term and has the semitism when reviewing investigating or determining whether there has been a violation violation of law or policy prohibiting discrimination acts or practices based on race religion and three and or natural origin Senate bill one eighteen Judiciary Senate bill one nineteen by Senator Irvin. To clarify payment of for healthcare services performed by certain outpatient surgery centers Senate bill one nineteen insurance commerce senate one twenty by Senator love to amend the law requiring covers four lines to avoid spilling lines on highways Senate bill one twenty Transportation. Thank you madam secretary's or any further business to come before the body in the morning hour. If not morning hour has expired we will now start the business agenda. Madam secretary please read Senate resolution. One moment. I want to recognize Senator Clarke Tucker for the announcmenet. Thank you Mr president I just wanna take a moment and recognize our doctor of the day here today Dr Bala Simon is a family medicine physician here in Little Rock in our nurse of the day miss Brenda Hewitt welcome Dr Simon. Senator Rapert you're recognized for. Members this is a reminder Friday is the deadline for any bill that might affect the health insurance plans that state and state plans or plans that are at higher ad so make sure you get those into us that's going to probably affect the insurance and commerce committee and public health committee so just a reminder of that deadline which is Friday secondary is there's a fifteen day kind of stop if you have a scope of practice bill those cannot be amended within fifteen days and we they can't be heard until fifteen days after filed so that started on Monday so just a reminder about those two deadlines legislatively thank you. Thanks. Senate bill more. Senate resolution two by Senator still wants them to recognize and celebrate Arkansas forestry day at the state capitol on January twenty five twenty twenty three. Thank you members thank you governor but I appreciate the members for participating in forestry data capital if you took time to go through the exhibits thank you if you came for a great lunch provided by and hosted by the forestry association if we would there in the gallery as well as some other industries represented in forestry if you would join me in thanking them for being here and for all they do the state. And I would like to read this resolution so if you'll give me a little added to because I think it's important to highlight all the forestry industry does of the secretary does in this state. Whereas private landowners own fifteen million three hundred thousand acres the state forest an almost three million six hundred acres or publicly owned by federal state or other public entities and we're as forced to provide more than five thousand products we depend on every day and whereas the state's abundant forest resources have provide provided important economic and environmental benefits to the state and nation since the eighteen eighties And whereas the state's forested lands or to first in their Martin in their make up with six million two hundred thousand acres of softwoods one million nine hundred thousand acres of oak and pine and ten million four hundred thousand acres of heart of acres of hardwoods and and whereas forced valued added contributions the state's economy is five billion four hundred million dollars. And whereas the forest products industry support twenty six thousand five hundred direct jobs and fifty four thousand nine hundred eighty two total jobs and whereas one in fourteen of all our Kansans owned forest land and we're at sixty seven percent of the state's four star owned by a family forest landowners and whereas Arkansas families depend on one billion seven hundred sixty million indirect wages provided by the forest products industry and whereas the average compensation in forest products industry is higher than both the national in Arkansas average wage and whereas for everyone job creating the forest industry in the state of Arkansas. Two point four jobs created indirectly and we're as timber harvest harvesters and force landowners fall involuntary best management practices that protect water quality and whereas the state's forest provide unparalleled scenic beauty and we're as a force in Arkansas support habitat for more than six hundred species of fish and wildlife and whereas the state's forest landowners manage their land to protect enhance habitat for threatened and endangered species and whereas since nineteen forty seven the Arkansas forestry association has served as a voice of forestry for the state's entire forestry community now therefore be it resolved by the Senate of the ninety fourth General Assembly of the State of Arkansas that the Senate recognize and celebrate Arkansas forestry day at the state capitol building on January twenty fifth twenty twenty three. Members again if you would record join me in recognizing all of the contributions of forestry provide our state the folks are represented here today and I would appreciate a good vote on this resolution. Thank you senator Gilmore. Sessions for the senator all those. In favor of the resolution please signify by saying aye opposed. If it passes thank you senator. Penzo. Amendment one Senate concurrent resolution one. Thank you Mr president Senate concurrent resolution number one is the joint rules of the house and Senate there's three changes made to the previous rules the first one is it sets a the filing deadline of the thirty first of January for any legislation having to do with lottery funded scholarships second changes during a L. C. week in committees and task forces should not be scheduled during a L. C. week and the third is fiscal impact statements been required for lottery funded scholarships those the only changes from the previous joint rules. Like to make a motion to adopt amendment one. For the Senate concurrent resolution one. There. We have a motion that. There are no questions for Senator Penzo on this the nine. All those in favor. Signify by saying aye. Any of those. Like to make a motion do pass on Senate concurrent resolution Ferguson singers. Amendment is adopted that being gross. Senate recognized. Thank you madam chair. House bill two ten twenty three by representative representative Fortner and Senator Flippo. To require flags purchased with public funds to be made and manufactured in the United States. Members this bill does exactly what the title says group are public entities which is defined in this bill they're going to use public funds to purchase state or American flags to make sure those are manufactured here in the notes that's America and before I get the questions I just want to buy it now that I'm think what you're thinking which is how Senator Stubblefield after twelve years not already addressed this and the truth of the matter is that he is human contrary to popular belief that Gerry Mr something every once in awhile and I'm and I'm very happy the representative Fortner caught that and we can we can address that wrong today Senator members with that I would appreciate a good vote. For any questions for Senator Flippo. Say no questions anyone wish to speak for or against this. The nine all those in favor of. If there is one objection to rowing the boat. The Secretary please relevant. Boyd Bryant Caldwell Chesterfield Clark Kroll Davis these dismaying Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice system Stubblefield Sullivan Tucker Wallace. But the voter. Any senators not voted or anyone wish to change their vote the number of the votes at thirty five Yeas zero nine. This house bill one zero two three passes to return to the House. Center crowd. Ten ninety by representative Watson center coral to set for the office of sheriff and tax collector in Hempstead County. this is just simply the Hempstead County want to separate their sheriff and their their collector and came to the legislation to have us do that form so I appreciate a good vote. Four five. In this part of it all so as to not. Until we can get some of other. I'll. All right. What I want I want everybody to understand that. Senator this question. This is. Yes Sir okay thank you. I'd like to pull it down again please. Senate bill or you have a question. If I. I I'd like to ask you to find separate means. All right now on a lot of a. A lot of counties the sheriff is also the tax collector and they want to separate them out so there is an actual tax collector now actual share. So that from a follow up so does that mean they're gonna be in separate offices have or yes Sir yes Sir they'll be in separate offices or financing and all that we separate yes Sir okay. Senator Davis you're recognized thank you madam chair I was running this will impact statement with this bill Senate secretary how much it's going to cost taxpayers no I can get one if you would like me to. Senator Clark you're recognized thank you. A lot of the governor's speech of on inauguration business pro government. I'll have to get back to you on that Mr Clark I'll look into that for you. Are there any other questions. Anyone wishing to speak against. Senator Dismang you're recognized. Just just base that fact that believe this is local legislation be prohibited treats entities differently even though they have common interests thank you. Anyone wish to speak for. Anyone to speak against. Senator you're free to close. Preciado give voted against thank you. There any objection to rowing the boat. Madam secretary please call the roll away. But what. Bryant. Caldwell. Chesterfield. Chesterfield. Clark. Crawl. Kroll. Davis. These. Davis. DISMANG. Dotson. English. Flippo. Flowers. Flowers. Gilmore. Hammer. Hester. Hickey Hill. Irvine. Blake Johnson. Mark Johnson. King. King. Leding. Love. The key. Mickey. Murdock. Murdock. Payton. Penzo. Petty. Price. Rice. Stun. Stubblefield. Stubblefield. Sullivan. Sullivan. Tucker. Wallace. Are there any senators who did not vote. If you would like this time. Senator these. All right. Senator Clark is it yes. Senator Wallace is a yes Senator Blake Johnson yes Senator Ricky yes Senator Dotson is Senator days yes. Chesterfield yes please keep your hands up thank you for changing or voting Senator Hammer yes center board yes BJS Tucker yes Davis. Davis yes. Gilmour yes ill yes Sullivan is stone is. Mark Johnson yes yes Jane English chance usually Leding S. Stubblefield flowers. Yes. Right. yes. Caldwell yes. Yes. Anyone else wish to. A change of heart or sense of humor. Cast the ballot. With eight thirty five U. zero nine. It has been. House bill eleven hundred representative Collins and senator Tucker to amend the purposes of urban service districts and to add certain municipal services as purposes for which an urban service district may be formed. Thank you senator doctors recognized that we could have. Attention to Senator Tucker. Thank you madam president unfortunately this will not be nearly as as much fun as that was this is a bill about urban service district districts and just to give a little context for that as I'm sure you are familiar districts can be created throughout the state to raise money when there's no other revenue source and you may be familiar with the water district or levee district or a sewage district or something along those lines there is such a thing as an urban service district since this law has been in place there's been only one urban service district created and the history of Arkansas that urban service district is Cammack Village it's a municipality on on the north the northern side of Little Rock separate from Little Rock right along the river Little Rock has now grown around it where it's entirely surrounding Cammack Village can I build has no commercial businesses within its municipality so the only manner revenue it has is the charges property owners fees for water sewage and waste that's it in the statute. It enumerates the types of services that can act or that any urban service district can provide with the revenue that it generates through fees those include emergency services solid waste services parking recreation and neighborhood improvement Cammack wants to add two pieces that they would like to provide to the citizens of Cammack to services they would like to provide those having to do with sidewalk maintenance and redevelopment and also with the drainage system so all this particular bill does is add to the list of services that an urban service district can provide to its residents and again as it stands now this only applies to Cammack Village you know there was a conversation I've had several conversations with senator Payton about this about whether might affect another district in his Senate district but it does not affect that again this only affects urban service district and there's only one of those in the state being Cammack Village that's really that's really it that's the bill I'll be happy to take any questions. Thank you senator Senator Mark Johnson you have a question. Senator Tucker you brought up something I was not aware of and I want to just clarifies. The residents of Cammack Village Hey The Little Rock. Yes half cent sales tax general sales tax that so you have collectors are that the state of Arkansas collects on behalf of the citizens of Little Rock. No Sir at the answer at and I'm I'm ninety nine percent sure this not a hundred percent but I think it's not possible because there's no sales tax collected in Cammack Village period because there's no businesses in Canada well I'm I'm I'm not asking you to get a benefit to they activities it paid because you've got and you know you've got a post office that says you know little rock but it's really Cammack Village just like I live in Ferndale but my my address as I don't pay the Little Rock sales tax in my address I'm outside the city limits right I don't believe they do I and again I'm I'm not a hundred percent certain but I'm fairly confident that I know they don't vote for mayor of little rock forty so that city director races yeah in the last two mayors can make the rights of right okay we'll thank you senator I just was curious since it is kind of a unique creature have the sales tax situation or thank you thank you ma'am yes Sir Hey Senator any other questions for Senator Tucker. C. ninety one wish to speak in opposition. Anyone wish to speak for. Section two rolling. You have after the close of college as no that's all right I'm I'm close for the bill and appreciate a good vote thank you very much thanks any opposition to rolling that. Thank. Actor please robot Boyd Brown Caldwell Chesterfield Clark Crowell Davis the Dismang Johnson English Flippo flowers Gilmore Hammer Hester Hickey Hill Irvin Blake Johnson Mark Johnson King Leding Love McKee Murdock Payton Penzo Petty rice staff Stubblefield. Sullivan Tucker Wallace. Any senators wish to change vote. Senator Pitsch you're recognized injured rotation. Senate. Anyone else. But they both the thirty forty eight. And one day. You cast a ballot and secretary yes. Thirty forty eight one day. It has passed returned to the house. Senator Wallace you're recognized. Thank you. Madam president. Have a voted on the prevailing side of which miss Leslie Brandon appointment to the Arkansas state board of nursing was not confirmed I move that we reconsider the vote by which the confirmation of Leslie Bremen failed. Thank you senator are there any questions for the senator. The notice anyone wish to speak in opposition. Anyone wish to speak for. Senator Tucker you're recognized. Thank you madam president this was the appointment to the nursing board that was on the floor yesterday with Leslie Brandon I don't want to repeat too much of what I said yesterday just that this is a very qualified person she's double certified in nursing she's an ex expert and nursing she's on it a National Board related to patient safety I've visited with her several times in the last twenty four hours but one time in particular this morning and she made very clear to me that her agenda to be on the board of nursing is patient safety and and that's it that's what she wants to be on the board I'm grateful to senator Wallace for for making this motion to reconsider and I would the other point that I would make that she and I discuss is that they're having a difficulty getting quorums on the nursing board right now so they really need to fill this position it's it's a real thing that the that the nursing board is going through right now they need to they need to fill the seat so I want to make sure I mentioned that as well but I I'd be happy to take questions. Senator Blake Johnson you're recognized. Parliamentary inquiry. So senator mark Johnson. The. She was on the list the senator mark Johnson made a motion. To the so that vote I thank you would have to be expunged. Prior to reconsideration I can speak to that madam president with your permission. Lowery. I'm asking parliamentarian. Mister Mister cook Mr trie nine is discussed that specifically this morning and our conversation please come if I miss states go ahead if. Senator Johnson I don't think it's necessary I think it I think it's would be a proper motion but I don't think it's absolutely necessary since this is an internal Senate matter. and I don't think I don't think a motion to expunge would be necessary I thank if the Senate wants to expunge it it's a cleaner vote but it's not it's not necessary for them to make that motion to reconsider in my opinion so don't have to make a motion to read the to respond to the. Senator Johnson's motion for the vote by which it failed well let me just let me just say this. I think Senator Johnson's motion was not necessary. Senator Penzo made the announcmenet yesterday. That The ones that we have confirmed have been confirmed those on the list to we're doing not approved and he said without objection. So at that point we're done Senator Johnson's motion I think was. Not needed. I think I think the Senate business was done when without objection what senator Penzo statement was made and it's on the journal that that was the posture of the Senate was in so I think that the center Johnson's motion was. Extraordinary not needed and and and not controlling I think Senator Penzo is statement and motion was the controlling statement and but we also have the of the floor that. That should be expunged. I don't I think it's just extraordinary the cipro not needed motion that was confirmed what Senator Penzo had stated aegis reiterated what center Penzo stated in his. The status of those on our own item to what they were. Without objection and there was no objection so the centers of the posture thank been rejected I think Senator correct me if I'm wrong senator Johnson but I think he's also referencing this vote and you know I move to suspend the rules to have miss Brandon put on the the the four list that motion carried then I moved to have a confirm that motion did not Kerry and we have this is where I'll defer again Mr cook we have two options we can either expunge the vote by which that motion failed or we don't have to do it that way or we could reconsider and that's the motion that senator Wallace just made as an alternative to expunge. Thank you Mr president of. Question of senator Tucker if he could answer Senator is the last one. Yes this last one yes Sir okay someone wandering certainly okay. I have nothing but good things about but I did want the purpose of my redundant motion is state agency is to make sure that this this chapter was closed and was properly recorded in the Journal and I appreciate that we needed both with senator Penzo motion without objection and what we do but I don't want to crack the egg open again so if you could know that this is the end of it that I can certainly support what you're doing for me this is the only one senator okay. Thank you Sir thank you M. J.. Right thank you for the question all those in favor of the motion to reconsider the appointment signify by saying aye any of those. Right motion reconsidered passes and now motion be made by Senator Tucker. Thank you madam president for all the reasons we discussed I move that we confirm the appointment of miss Leslie brand into the Arkansas state board of nursing. Any questions for senator. C. none all those in favor of confirming the appointment and Leslie Brandon to the state board of nursing to a crime scene I hi any imposed. I. She is referred thank you. Senator Wallace you're recognized. Thank you governor. Members own nine September the Legislative Joint audit committee appointed Kevin we inquired to serve as the legislative auditor to take the office upon retirement of the current legislative auditor Roger Norman. A written form and signed by the Committee cultures has been filed with the Arkansas Arkansas secretary of state in compliance with the motion doctor by the committee and by Arkansas Code ten dash four dash four oh six Mister what will take the oath of office upon the retirement of Mr Norman. Arkansas Code ten dash four dash four zero five we Carson Mr what's appointment be confirmed by both houses of the Arkansas General Assembly therefore in accordance with this provision it is our honor to request Senate confirmation of Kevin we inquired as legislative auditor to take the office upon the retirement of water a Norman and I have signed that in senator Ron call will who is eligible chair in the ninety third assembly has side as well. Thank you senator Wallace center Chesterfield you're recognized for a question yes thank you madam chair and I remember the meeting in our home we decided to do that my question is is it customary then for us to confirm someone for a position that is already currently Hale or do you know when we're Norman is going to resign or retire I know I know from talking with Mister norm that he intends to stay through the session to help us through the system and he will retire shortly after after that and so if we don't do it now the Senate will not have an opportunity to act is that what you're doing is ma'am thank you so much thank you madam chair. Thank you any other questions. Seeing none all those in favor Senator Wallace aye motion. Please signify by saying aye. Any opposed. Right. Both pool passes Senator Dismang you're recognized. I just do this real quick and then that members should get your budget counting on the desk I know of so far we're going to need to pull out Senate bill thirteen from the bench in Senate bill sixty four which is going to get re referred back to committee so quickly I'm gonna read through those and if you would like to pull one out for a separate vote let me know Senate bill fourteen. Nineteen. Twenty one. Twenty eight. We're sixty three. Okay again so we're gonna pull out Senate bill thirteen and sixty four. With that I'm gonna go ahead and make the motion river for re referred Senate bill sixty four to Joint Budget. Should be offered the motion questions. All those in favor say aye opposed. Thank you and then on. The one of the only thirty six yeah. Senate bill thirteen by joint budget an act of the Arkansas ethics commission preparation for the twenty twenty three twenty twenty fourth fiscal year. All right members have any questions on Senate bill thirteen. Seeing none create a good vote. No questions anyone wish to speak for against. That objection. Secretary role. Any objection. Both. Or subject to the tax. So Madam Secretary please call the roll Boyd. Bryant. Caldwell. Chesterfield. Clark. Kroll. Davis. These are Dismang. Dotson. English. Flippo flowers. Gilmore. Gilmore. Hammer. Hester. Hickey Hill. Irvine. Blake Johnson. Mark Johnson. King. Leding. Love. The key. Mickey. Murdock. Murdock. Page. Penzo. Petty. Rice. Stein. Stubblefield. Did you hear thanks Stubblefield. Sullivan. Tucker. Wallace. Thank you any senators who have not voted wish to vote or wish to change your vote. C. nine please cast a ballot. The vote at thirty forty eight one may. It has emerged. Urgency clause. Transmitted. Senate bill fourteen by joint budget and I ask for the judicial discipline and disability commission preparation for the twenty twenty three twenty twenty for fiscal year Senate bill nineteen by joint budget an act for the department of commerce division of aeronautics the preparation for the twenty twenty three twenty twenty fourth fiscal year. Senate bill twenty one by joint budget. An act for the Arkansas minority health initiative for the department of health Arkansas minority health commission preparation for the twenty twenty three twenty twenty for fiscal year. Senate bill twenty eight by joint budget. An act for the department of health Arkansas minority health commission preparation for the twenty twenty three twenty twenty fourth this year. Senate bill sixty three by joint budget and I for the department of energy and environment liquefied petroleum gas board appropriation for the twenty twenty three twenty twenty fourth fiscal year. Are there any questions for Senator Dismang. C. nine is there any objection. To the back to the boat. Rejection to rolling both. Madam secretary please role of a. Boyd Bryant Caldwell Chesterfield Clark Crowell 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 staff Stubblefield Sullivan Tucker Wallace. Any senators wish to change about. C. nine please cast a ballot. What thirty five EA zero name. Emergency clause on all of the S. B. fourteen SP nineteen is B. twenty one S. B. twenty eight SP sixty three all our past. Please try. Purchase a clause and opted please transmitted to the house. You're recognized. Transportation meets after nine the Supreme Court chamber fifteen minutes after German. Thank you senator senator John Payton you're recognized. Thank you madam president just a reminder on retirement bills Friday is the deadline so you have anything that you wanna following retirement we have a deadline coming up Friday. Senator Dismang you're recognized thank you joint budget will meet tomorrow at nine AM Thursday is our members on. Any other announcements. Centerville you're recognized. I just want to invite everybody to the sportsmen's caucus dinner tonight over the association of counties at that six o'clock thank you. Any other announcements. If not Senate Senate stated in German subject to clear to the desk until ten AM tomorrow January twenty six. Twenty twenty three.