State Agencies & Govt'l Affairs-Senate

Begin with the house concurrent Senator Stubblefield. In your practice. This puts your inset the the prime for claiming religious freedom day this is this is just a resolution that representative Bentley Niger a celebration. Religious freedom nine this country three other questions from the members. Motion Senator Dotson second by Senator crawl any discussion. All in favor say aye. All opposed Like sign. Thank you senator. Twenty six thank you Committee thank you. See it back in a couple okay. Next is. House concurrent resolution one zero zero two Senator Hill the representative Eubanks you'll come down. Thank you Mister chair I wanna say just a few words on this I think the title kind of explains to Stephan as representative of you but Eubanks coming out here with us simply because reject how come this is family is watching this live stream today so we're we are wanting to know that we are definitely thinking about them crying for them and their family is are going to these undue consequences that are facing. im read the resolution itself right here just just the first part of it to encourage the United States Congress and National Security Council to formally review the status of the forces agreement between United States and Japan into officially investigate the circumstances surrounding the investigation and trial of baby Lieutenant retail commerce to ensure that American service members are being properly treated inadequately protected while serving in Japan this actually has a real dire. Consequences represent Eubanks myself since our two two kids up basically actually serve in Japan right now for the United States is with the the arrangement with maybe and I'm Linda Gradstein Eubanks go to details on this case. And he was not expecting this. You're recognized I well I don't know how much time or details you work really want to get into but the the tenet outcome has graduated from the Naval Academy with my my son Andrew Rejoint navy surface warfare my son went range aviation Lieutenant outcome this station in Japan I can't remember which ship he was assigned to but His wife and three kids were living in Japan with theme on may twenty ninth. Twenty twenty one the family went up on the amounts to G. for an outing and when he came down he blacked out he was mid sentence talking to his daughter there was an into an accident and two Japanese nationals died from their injuries he was arrested he was held in solitary confinement for twenty six days he was denied medical treatment he was denied legal counsel finally bail was obtained he was Tried and convicted of negligence after he was finally released on bail in AB Dr examining and determined that the change in altitude from coming off Mount Fuji. Because the medical episode that caused him to black out and cause the accident and so Since it's been almost a year and a half it'll be two years before long that the been dealing with this it's customary in Japan that a settlement is made to the family of the victims and everyone was made this was it's been reported to be the largest or one of the largest ever. Recorded over there and it was for a one point six million dollars the family made half of that insurance may have for that he appealed his conviction the pills. Court upheld the conviction he stars serving a three year sentence last summer August or so. Add insult to injury the navy was going to terminate pay and benefits to the family as of December thirty first now there's been a lot of support in Congress for this senator Mike Lee from Utah read a letter to the Japanese prime minister nineteen other Senator signed on including senators those men and cotton. Regis from California his congressman Mike Levin wrote a letter to the president asking him to intervene thirty plus congressman signed on that that including our for congressman which I'm I'm very proud that. They have been engaged in been supported on this Senator Mike Lee filed an amendment to the year and bill to require the navy to continue paying benefits that was passed hundred percent by the Senate and concurred by the House so right now the lease pay and benefits are continuing that bridge is still in jail and We continue to Try to get support from Congress they are putting pressure on DOD. Early on a department of defense officials acknowledge that there was so for violations. And for whatever reason now they're they're telling Congress that weren't so I don't know what I know we have an important alliance with Japan but I think we need to show our service men and women that we support them and It's a really unfortunate accident it wasn't a crime Recognize that two people died and those families have to deal with that loss but. I can't see. I crime that was committed in my eyes so I would you know sometimes you have to balance justice and mercy and so I I would I would hope that Japan would go ahead and at least transfer into the United States. Happy take any questions Senator Payton. Thank you Mr so this resolution calls on the United States Congress to investigate yes Sir have they not investigated this matter it sounds like that a hundred percent support for they have not investigated the the I guess the particulars of the case and how it transpired you know what council the tenant outgoing as was given he was following the recommendations that he received what they need to know if there were several violations That satisfy forces agreement so in your opinion this resolution would maybe give them a little more influence in in trying to negotiate with Japan or I'm trying to do anything that would spur. Congress to act and put pressure on the department of defense thank you like to help them anyway we can. You have the questions. You saying none of the one that I like to make one comment you make me look at this and say you know what what does this have to do with Arkansas well I will tell you all the representative Eubanks on Andrew in reach we're best friends at the Naval Academy. The what's the will of committee. Motion by Senator Tucker second by Senator Johnson all in favor say aye. All opposed Like sign. Thank you has or should Bridget. The Senator Stubblefield if you would come up. President Bill Senate bill number four. Thank you committee thank you Mr before we and let me just say a few words we have a a and I was unaware of this department Human Services uses a phone that has the EPT tick tack on a particular topic on it. and some of their child foster care cases and we have agreed to an amendment we will amend this bill in the House general berry gets it and then we'll send it back down here in. And. Have it members current with Senate bill so we will amend a bill in the house I give you my word on that and that deals with DHS mark what we're we're getting the Amendment together I had no idea that say uses of the tech talk app at two of help them in their some of the child welfare cases so we do we agree to add that on. Of other than that you know three years ago now study this for almost three years three years ago former secretary of state Mike Pompeii I was in Washington DC and he warned a group of governors including our own governor governor Aissa Hutchinson was there about a an apt. The Chinese had that was owned by ByteDance software company there in Beijing. Anyone them about the dangers down on the national security dangers the one them out of with this file where in its facial recognition location services and all those different aspects of of tick tock but he also warned parents. About and I was really shocked because I listen to the entire speech you want parents about downloading this app in the dangers of the sap of. Proposed for young kids especially young girls in the and and the consequences of that. Of. N. ninety one M. about the security aspect with this with the spot where the facial recognition location capability also warned parents about the algorithms that would collect and manipulate data that tick tock was sending back to Beijing and the and the difference in the State of these algorithms was that they would send a certain algorithm to our kids here in the United States and that same algorithm was sent a totally different one to China here they would send one that would maybe have a lot of of nudity a sexual connotations in at a different thank that would harm our state our kids especially young girls because it's been a couple studies done on is in fact what we're sitting here meeting today Congress is getting ready to have a committee just on this very subject about how tech talk is affecting our use. But the same the same algorithms that was used to do that would go back to China and they would show a Chinese child sitting in a musical room playing a violin or in the library it was it was just very confusing nothing negative was ever said about China with United States was just of just the opposite and it was having a very negative effect in in immeasurable to affect our kids this app suppresses positive issues pushes many harmful ones including of many that are sexual in nature. And these are the types of agendas there. Pushing on your your kids my kids in your grand children my grandchildren. What this all means is that the American people are interacting every day with real threats to our own privacy. There's no credible a credible public approach to data privacy in America today there's no question that can be that this apple's the rest to the American personnel data information and that it has deep ties to China. Because ByteDance who owns the app is located about Beijing and a quarter data And they're laws security laws are quite different than those United States whenever Beijing request data from one of these social media sites they don't have a choice whether to turn it over to the Chinese government the calmest taught Chinese government they turned it over or else. Those within the United States. Our own president president Biden signed legislation to ban tictoc from all governments on the United States along with all of our military. Along with the securities and exchange commission. R. along with twenty states Wells Fargo many of our banks and out of a number of other groups are banding take doctor realizing the dangers of this that is so they are banning it for you know for many years China's had a chokehold owner our of pharmaceuticals including antibiotics which is just incomprehensible to me how that we can real after rely on another country or on drugs. it at a time in our history when we should be strengthening our cybersecurity it seems like we're weakening at I remember very well I was I talked to my dad about it many times whenever Pearl Harbor bombs. the Japanese bombed Pearl Harbor of I read the story of it in John Elliott was the head of the radar that morning on December the seventh nineteen forty one any noticed a large blip on the radar screen when you call is very officers for your office as well as just a squatter and B. twenty seventh R. B. seventeen flying in from San Francisco. We'll leave this to say it was a hundred eighty three Japanese fighter aircraft we had over two hundred on the ground and he acted to those twenty two minutes. And he acted with aside hundreds if not thousands of lives so this is a time that we need to be. Especially. Strong and. And the. In protecting our cyber security information. So finally of when you say one more thing. These a. This technology. Also does body shaming ID NO what body shaming was among our young girls and one Harvard is disparity among young girls I found that there was a huge amount of depression suicidal rates among young girls who were on take top seven eight ten times a day and was affecting them it's suppresses positive issues and pushes harmful and like I said many in sexual nature on our children I just think it's a time that we we step up with the other states and brands this is a social at this doing no good in our country and and and the mere fact that we're doing business with a Chinese communist government that does not have our best interests at heart. That alone tells me that we should be delete this app from our phone firm just just from our government following not private phone. So with that said I would appreciate a good vote. Alimentar any. Thank you Mr center I'm question about the very last word in the bill. The the last subsection reads upon conviction a person that downloads or uses a tech top application for business the tech talk website is guilty of a violation what does that mean well you know. Senator during my phone or there was no specific monetary amount assigned to that a person could lose a job the download this app and go into their you know their superiors or we can still have our I. T. people take deceptively bill phone to government phone or any govern government classes that they have. So we have a couple options so you're just really leaving it to the particular agency where the employee works or. Just well yes it would be up to the agency to monitor those phones those phones show that they've downloaded the tick tock app that they could lose their jobs. Okay I must my next question is. What this law complexes that governor Sanders executive order does not accomplish our does this in code statute. Okay us so my last question really is I understand your commitment to have the bill amended in the house up I would. Suggest that you want when you get the bill amended you would I would prefer to have a little clarity around that were violation what that means. But really the bigger point is. This you know this is literally the first bill that's not a resolution that we're voting on this legislative session January nineteenth if if it were March you know I can understand a little more about getting amended in the House given where we are in the session I just think it reflects better on the Senate for us to get our our bills. Initiate the RB and especially this early in the session before we send them down to the house I would be my preference to go ahead and get an amended before we before we voted out of the Senate obviously I may be out voted on that and I I recognize the security risk you're talking about and for especially for state government funds I know I got a concern about that I think this bill will pass and I will forward on for this this was spring on us really at the last minute and when I went over with DHS I saw you know their concerns and there were valid concerns so of general berry now both agree to it and the bill will be amended. It will be amended in the House sent back down here but the fact is that we don't need to wait any longer on this many states back to be more and more states that delete this app from the phones and when it when it's it's in fact it should have been deleted three years ago when I first started reading about it and the dangers it posed to our society deception with the lead three years ago so we waited long enough but I give you my word unless god takes me home and you know very still knows about this I don't think it takes both on same time right hopefully non does not run the same car that that bill will be amended to add the the part that DHS requesting their child investigation purposes all right thanks in your world. Thank you Mr Senator Tucker hit on two of the three areas I was gonna can I ask about But have you consulted with the attorney general's office at all on whether or not This naming a a specific company entity in statute. Will hold up constitutionally or I mean I understand. What you're trying to do and I'm in agreement with it I'm just I'm a little bit hesitant to name a specific company and not just the concept. You might not on there. I have spoken with the AG's office and and in fact the AG informed me that he would like to make this part of his political package of the tech talk. So. At the red red flags with naming a company and statute. Pardon me the AG's office didn't see any red flags with naming of actual company in statute no I just booked in yesterday okay. And then and then I I just. Kind of. Speaking to the urgency that you said I do agree there's urgency but with governor Sanders executive order I think their gins he's kind of been taken off the table. I wouldn't. Wouldn't it be better to kind of get this right before we send it out of here. And send it to the house and then it doesn't even have to come back it's going to come back to the committee anyway let us process coming back to the house and confirm that Amendment so I'd. Yeah I don't see a problem with it and and and not only that there's a Let me bring this up I received another call late last night about. Of. The police department in days of another app and along the same lines is is DHS. In the foster care resignations we we're going to talk to them just to say so their problem not saying there is but there possibly could be another. it'll be along the same lines is that amendment and that will be shorter Amendment fact I've got a copy of the amendment. The DHS handed me this morning. and and so. Just to to add I guess to add on to the violation part if you're when you're making your amendment if you can kind of give some guidance and direction on what the penalty is for a violation that might make it more clear for all agencies police departments and everyone throughout the state to know exactly what what the violation here and what the consequences of violating it would be and then finally since there is urgency in your opinion With why isn't there an emergency clause on here. It shall when we have this bill drafted that I looked and I thought the same thing when I was there merge the culprit of the bill we could do that recover quickly when we have been the bill. Thank you so that's no problem. Senator flowers. Thank you Mr. Thank. Senator Dodson pretty much addressed my concern about the word violation it is in this Arkansas Code. Something less than a misdemeanor. And often associated with some maybe Jay will not J. walk in but some violation having to do with I'm not sure if it's. Moving violation or or not some of them are misdemeanors but it's lower than a Class C. and I don't know if the penalty is Prescribed in our statutes as well you might look at that because violation. Is an offense. it's a classification. So. I would say look at that. But if. As you say is. You know you make a good argument why it shouldn't be. Used by. State employees. On those devices that. Why is it just a violation. Why wouldn't it be something more. Substantial. Gentility. And the other thing I move out and like to hear you talk about Would be you say DHS's. Is not a wants to add on prohibition for use in it And investigative a lot of times prosecutors use Facebook and other apps to investigate. Liminal offenses. So I don't know if. I would think that you would want to explore. If that might be something that ties the hands of law enforcement. And even with DHS and their investigations children. Something to be considered I don't know if mark white has thought about that are not. But a lot of times those apps are quite useful. These laws. The only be on government issued devices so. well they're all right in there the mercy of their agency head it if they want to risk losing their job by going its policy agency policy. Act that could happen and I don't think anyone would. Woodbridge leasing their jobs. Because the that fail to comply with the agency policies. I just think that might be because this is this is a lot of private you know private the users have tick tock apps on the phone. I understand that but I'm saying that. The government and law enforcement and even DHS. may find it a useful to write their work with children and I would think you'd want to wait. That balance lease to the extent that you can say if it helps to keep children from being victimized are locating children of that might be an exception that DHS might want to consider and that's part of the amendment that we plan on adding. In which will be in on once it gets to the house and passes the house that a man will be added down there. And it'll be a short process want want to get record. We pray this bill the senator I don't think just covers local police force no if if anything it would be DHS and the state police if they have an investigation that may be something that you would like to check out to what we have what we're going to sit down the State Police between now and Monday and I. But we have what we have discussed this with the eight yes when we realized how they use the sap and the discount here would it cover prosecution. Okay prosecutors are probably a good one to. Where the prosecutors are not approached us with anything. For this that would be a. Senator Jane. Thirty first off say I don't use to talk I have the same concerns you do to be an American farmer offered you understand the foreign influence very thing going on but so you're not wanted to talk in this bill so and you're saying you want amended on the other side which on this early I don't think it's a good policy to do we have plenty of time to get that done I mean it has to be that has to be done sometimes but not this case but same so you're out wanted to talk in this bill let's say it mean it's a publicly traded company right I mean techtarget pardon me it's a bit in a publicly traded company or ownership and all that yeah so let's say you pass this bill which should mean the governors are doing what she's done which I support. Of so let's say you pass this bill and then you can't use tick tock for two more years let's say three months out of the session let's say tick tock or whoever just changes the name of their company. Does that mean it's no longer void no I think we'll be able to follow that and I don't think I don't think you would you say to talk in the bill it to talk ranges to. I don't know whatever you know social media. Apple or whatever they do then this is bill no longer hit that target. You know I don't know I don't I don't know if they change their it's a change your name I think we'll be able to track that. Surely with the technology we have today will be able to track if tick tock with. Is because they are with a billion users I think we'll be able to follow them but I agree with you on everything like that but you're saying tick tock in the bill I mean to talk changes and whatever the parent company on electrical south of it or whatever but the other thing is to let's say for example take top gets into trouble or you know they do something Congress or something and then they want to sell to another bunch of investors in these investors are true blood Americans and wants to change direction then we're outlining for two years if that happens that week this they can't be on that side which I would agree with. So what I'm saying is if you put this in the law and you do it for two years its stock. And to you can't change it for two more years so the way companies are today they change names I mean I've seen companies you know clearly be the same company name change name and still do business like they're doing I mean I'm just concerned that are in like I said I totally agree with you I am not on tick tock I had the same concerns about that but you're my niece about it in her that is done the same thing and so I just think that whenever you put this in this bill and the governor's already done what she does then. You know what to talk sales to a company of good American people and want to do the right thing And within you pamper them for two years and so we have to come back changed. Well. Personally I just don't think doing business and I understand what you're saying about changing the name and if it's Microsoft or or some of the company were to buy tick tock. That would fall under the goose of the US regulations and that would have to be some changes but I don't I personally I don't think we should be doing business with a huge Chinese communist government that has a a terrible record on human rights abuses and and other things they don't they don't have the the best interest of the American people heart of you know we are to be doing any business with you where all the Chinese businesses and the people they hire appear to do state business well that's a lot of this political and hopefully we can get some of that back especially when it comes to our pharmaceuticals and other thing do we used in me here and I know that. But I mean I think clearly the Chinese have been up here for years doing all kinds of stuff I mean so well it wasn't it wasn't long sent to king after secretary of state Pompeo issued warning that we initiate universe of Arkansas so. You know this is not a catch all per is not gonna solve every problem but it certainly will help. And I agree with all that but you just couldn't cope for two years and things can change with these companies they can be bought and sold it may be brought by good people that we locked and also and we have an code for two years it's locked in whatever tick tock name to use I guess I'm just supported given the freedom for the governor to do what she thinks is best in our changes I just don't know that I really want to put it in code that tick tock for two years cannot do business because tomorrow it could sell I mean there's so many things to be changed and well our military is has put it in I have deleted the app from all military service branches. Our securities exchange commission the most banks have deleted it from. From there I just wanna give the flexibility of the governor to be able to change it back have to talk change to support the governor's decision on it I personally don't do it I think just think it's it's putting too much into code to make it too strict for two years and two you can come back and change it again if something changes so. Senator Payton. Thank you Mr so my concerns or similar the Senator king. I don't use that had experienced it that but I trust the information and and the. People that you cited that have banned it so we're not going to use it I'm I totally trust that but when I look at the bill which would become Arkansas Code it defines tick tock as a social media platform owned by the Chinese company ByteDance. So they could sell it to a different site Chinese company they wouldn't have to change the name. And it would no longer be covered by this. Law so I mean if you know I run a business and I have employees out in the shop working on cars or whatever and there's a bad product and not and I go out and tell them don't use that product I don't write it in the employee manual. You know I just told not to use a product and so the governor in the in her executive order basically told state employees don't use this product I'm fine with legislating it and putting in code. But if we do if we're going to go that route we need the definition that'll hold water. And this definition in this bill. If ByteDance cells tick talk to another company then it would no longer be covered under this bill because I'm is specifically says a social media platform owned by the Chinese company ByteDance. And it goes on to say that has the ability they don't matter what the abilities are if it's a Chinese if it's a social media platform owned by some. Company worldwide other than bite patients. It's not covered by this language. So I. The company of the Chinese government can suggest they send that data over they have to send it over with I don't hear. There's there's requirement that's kind of my point it could be just as poison and just as dangerous if it was only five different Chinese company or even a different US company. But it would not be covered by this bill we need a better definition in this bill of what we're trying to ban. In my opinion thank you though okay thank you Mr. Senator flowers. Note up. One one day I was looking on Facebook and. On someone's page on Facebook. They had posted. Tictoc. The. I don't know what you call The little scenarios are little whatever they are in some performances or whatever. Would be the same is visiting. Tictoc. What's that you. If you're down don't online ten on on page three. So. Uses the tick tock application. That wouldn't necessarily. Apply I don't think. But. Are you free to consider it visiting the tick tock website. If it's on some other. Social media. Application some posts from tick tock is that the same thing. By visiting the tick tock at No bill it says. Or visit. The ticket Tucker uses downloader uses you say online nine. The tech top application. I'm not sure that would be using it there but armed visits the tick tock. Website so if something is on another website. That. A government employee has. and it's not. Prohibited. By law. But it has. eight tictoc. message are Okay it these things were like performances or something. So with that the same thing are you trying to prohibit that as well. But I know none of the apps just like to talk that has the same algorithms that tick tock and. Not Facebook not Twitter. No but there were a host. From tick tock. On Facebook. Pages. And so what I'm asking is. Would that be prohibited under your bill. That the same thing I mean or you wouldn't be. You scroll down this person's page. And somebody's posted a lot of Ticketek talk. Post. So is that against would be it would be against the law as well. Under your bill hello I'm not sure that I'm not sure those are checked out a post on these other social media sites. I just told you there is I saw it on Facebook and they're identical. It's it's. I went to my Facebook page Ron. And somebody who obviously is a friend of mine. Head post from tick tock right this was I didn't go to take **** I don't have to talk all my. My phone or computer. But it was on Facebook. So things can be shared do you agree with that right from what I agree that we have laws in this country that they do not have in China regarding social media sites and and the collection of data we have we have certainly different laws in the United States. That are different than Beijing or the Chinese government when it comes to data collection I don't know that that if the US stated a clear. Engine I'm I'm simply trying to understand. If a tick tock post. Has been shared on another social media. Application that is lawful. Would a person be guilty. If they look at that because some of these things when you scroll down they just start running you you can push something I guess and get the full thing but. What I saw was. Something that is continuously rang and it was from tick tock it's tick tock Ross dot. So that's something that needs to be looked at the to make a. Your bill do what you wanted to do well I feel like our our U. S. military and our. Our largest banking institutions and twenty other states have looked at that are they would have deleted the sap from the phones from the government devices. Not the proper devices. This is that this is been going on for three years. It's not it's not something that is spring up overnight Senator flowers. Senator I guess I guess we. The the apple allows you to engage in creative tictoc I don't think the mere viewing of it like Senator flowers talking about it is is engaging with tick tock where you're creating those those tick tock. Add this or. Reels or whatever it is that that's that's the engagement the I. think you're trying to to cover here with whenever you download that app and you're able to to make those tick tocks and publish those to it talks through through that app but once you make those things you can share and other venues like Facebook and Instagram and that. Is in question that senator flowers is asking if you view that tictoc is it going to be is it different or can be traced on a government the. Thank you know we're we're we're if you download the app is clearly there. I would assist committee how many of you have downloaded an app social media and read the entire contract. One. That's what happens after I don't remember my password to download the one that's always where with the Martin majority the representative of center doctors with the with the majority of children they never read the entire contract. They hit they hit the except. And when they do that they're automatically on to talk. They don't have to they don't go through the the time it takes to read that entire contract because sometimes it takes forty five minutes they're long and they're meant to be that way. There's a reason why they're wrong because I know kids are not gonna set for forty five minutes and Rita. Contractors they don't understand anyway so. Listen this is up to you Janitor at I mean we're we're just have to go in the session the if it if it's okay if you want to do some investigation them we will hear this again and it if you wanna make those amendments and things it unless we're at we're gonna make the amendments but I would like for to vote on this day will may I promise you I will make you members general burying I will make those in the house Senate back now right we could possible your clothes on I'm close all right let's will of committee. Seeing no action the. No action from the Committee you and then it would fail okay. If. Thank you no other business come we are John. Do not pass.