Said in CommitteeBeta

Exactly as spoken.

Senate Convenes

December 7, 2021 ·10:00 AM ·Senate Chamber ·1:16:15
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Bills discussed (3)

Bill Title Sponsor Status
SB12 · 1 mention in chapter
Matched: “Germaneness of SB12”
TO AMEND ELECTION LAW; TO CREATE MODIFIED ELECTION PROCEDURES DURING AN EMERGENCY DECLARED UNDER THE … D. Sullivan Died in Senate Committee at Sine Die adjournment.
SB8 · 1 mention in chapter
Matched: “Germaneness of SB8 to the call”
TO NAME THE VISITORS CENTER IN PETIT JEAN STATE PARK; AND TO HONOR DR. T.W. … M. Johnson Sine Die adjournment
SB9 · 1 mention in chapter
Matched: “Germaneness of SB9 to the call”
TO AMEND THE LAW CONCERNING TAXES AND FEES APPLICABLE TO CAR WASH OPERATORS; AND TO … G. Stubblefield Died in Senate Committee at Sine Die adjournment.

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Unknown speaker 19:37
Senate will come to order by Senator please call. First. Senator Kohl senator Hammer. Sir call well you wish to be recognized. You will hear me say this might recall. That objection. Call the roll. All right call the roll Ballinger Beckham Bledsoe. Caldwell. Chesterfield Clark Davis Dismang Eads Elliott. English Flippo flowers Garner Gilmore hammer Hendren Hester Hickey Hill. Ingram's on the leave Irvin Blake Johnson Mark Johnson Leding Pitsch Rapert Rice sample Stubblefield Sturch on leave Sullivan Teague Tucker Wallace. Senator Hammer will lead us in prayer everyone please stand including those in the gallery. Sir. Father we come before your throne today thankful for beautiful day here on earth we pray lord that as we serve the people of the State of Arkansas that would recognize the first foremost we serve you And father we also answer to the citizens of Arkansas but ultimately we answer to you so we pray father that all the business of this said and done during the special session would be under the watchful live knowing that one day we give an account to you we thank you lord for the blessings of life we thank you lord for the blessings of freedom we pray for your blessing upon the men and women that are protecting our freedoms both here but also order brought we thank you lord that is we come into the season of which we celebrate the birth of Jesus Christ who is our hope that the lord not only through his birth through death burial resurrection we have the hope of eternal life in a personal relationship with him as our savior or god we thank you that we are able to serve and father may we reflect well you living within us as we go about our business lesser families why we are way thank you lord for which you give us and is in Jesus name we pray nessie sayings and all god's people said. I pledge allegiance to the. Before I recognize Senator Hickey I have a quick announcmenet. I don't know if you all remember pre pandemic. But we. Often allowed for this stand wherever make motions and all and during the pandemic we have the plastic or the plexiglass up it's very hard to hear. we're gonna go back to the the old why we've had some confusion with some people lining up to have motions some people were just hanging out some people were lining up to make a motion the plexiglass is gone up there were certainly some exceptions during the pandemic when you know we just what thank you know whatever let people just I remember Senator Ingram at one point in a motion to adjourn for the black and you know that's cool we operate on comedy C. O. M. I. T. Y. to a large degree but we did ask the people come down to the well it make motions because just hard to hear all the plexiglass is Gaunce we're gonna go back to where it was before so you know just speak up if you're gonna make a motion from your from your chair. And so. Just want to mention that no need to Q. what is the British would say over here senator. Thirty seconds. Okay. Okay not. Any announcements wall we Senator Pitsch you wanna make a. Just a quick announcmenet the other. DO IT sixty thirty sixty seconds. Senator Rice. Procrit. Senate recognize Senator rice and I approach you today in Arkansas we have many citizens who have changed the lives of others one of the most special people we've had in this state was a man I had the pleasure of being a dean of the college and he was the head coach of the University of Arkansas Fort Smith women's basketball team. He literally won national titles he set records for winning seasons his name was Louis he coached a county line small high schools around the state he was a legendary figure in people's lives I know Senator Stubblefield you probably ran into him in your area but he passed away this week we didn't want to and in honor of him do anything. All of you know big and grandiose that one has his style he would shake your hand tell a joke and he would go about life and we want to bring his presence here in front of us so you want to say in order to. It is real quick I name is Wayne Wharton Lewis why Morton was his name he played high school ball in Waldron Wednesday at Ernie talk down there and then lost his career up flourish you happen yes but again. People that make a difference in young people's lives or special we wanted to remember him today thank you. To me on me do the second announcmenet. The court members you all received an email or double doing we're doing this week we have almost two hundred state legislators from across the country in Little Rock this week talking policy on sportsmen's issues game and fish so you're going to see myself in representative law bail out here fast and come back you have an email though you are invited to every event that goes on which includes a separate Robinson Center tomorrow night there's an event at the governor's mansion. Friday night we're taking them all hunting and fishing Saturday it's a big event hosted this first time Arkansas's ever hosted it and just so happened we got called into special session same time but I want everybody to know you're invited to all of those events there's an online auction if you're looking for a Christmas gift and the hunting and fishing world I highly recommend looking at their additively price typically. Senator Hickey. Senator Hickey got a couple of questions for you we notify the House that the Senate organize ready for business we have we're gonna takes them that that's being done through electronic means and the governor's well notify the governor the Senate is organized ready for business yes. Thank you senator okay of members of this house keeping as same thing we do for ever a special session what we do is will make a motion that will suspend Senate rule seven I as most everyone of you all know that what that is is where we usually have say that No bill resolution introduced a referred to committee make it may be considered until at least one day is has passed we suspend that whenever in a special session so I appreciate a good vote. Not available motions Senator. What what purpose Xerox. It was to ask questions about the motion is not debatable also. Not available all those of favour say aye. Follows. Is haven't. Motion is adopted. Any others this state of Arkansas consecutive department proclamation to all to whom these presents shall come greetings for Aston extraordinary occasion has arisen making it necessary to convene the ninety third General Assembly into an extraordinary session and whereas since twenty fifteen state of Arkansas has implemented tax cuts to benefit Arkansas taxpayers but amendments to the Arkansas income tax law can be enacted to provide additional personal and corporate income tax reductions while at the same time providing financial security to the state of Arkansas and whereas replying to recover fiscal year twenty twenty one unexpected general revenue balances should be transferred to the restricted reserve funds for various projects and needs throughout the state of Arkansas and whereas certain legislation passed during the regular session of the ninety third General Assembly requirements to correct drafting and other technical errors and whereas the federal government continues to provide American American rescue plan funds directly to state agencies and departments which is a necessitates that the General Assembly providing more appropriation to the department of finance administration disbursing officer and four as an economic development project within the state of Arkansas requires legislation to expand recyclable tax credits and to allow for investment incentives and whereas amendments to legislation are necessary regarding the security personnel employed by the General Assembly now therefore Asa Hutchinson governor of the state of Arkansas by virtue of power and authority vested in me by article six section nineteen of the Arkansas constitution do hereby call an extraordinary session of the General Assembly to convene in Little Rock on. December seven twenty twenty one at ten AM and do hereby specify that the General Assembly is kind is convened in such cession to consider and if so advised enact laws for the following purposes one to amend the income tax brackets and rates for individuals to no lower than a top tax rate of five point five percent for tax year twenty twenty two five point three percent for tax year twenty twenty three five point one percent for tax year twenty twenty four and four point nine percent are for tax year twenty twenty five to allow cliff adjustments to amend the income tax brackets and rates for domestic and foreign corporations to not lower than five point seven percent and twenty twenty three five point five percent for tax year twenty twenty four and five point three percent for tax years twenty twenty five to change the name of the long term reserve fund and and ensure it is adequately funded to provide a non refundable personal income tax credit of up to sixty dollars for individuals having a net income up to twenty four thousand seven hundred dollars to update existing income tax exemptions for the covered food assistance program and for in any successor programs to amend the elective pass through entity tax credit taxact for the fiscal chief fiscal officer to provide information to the public and the pure of Legislative Research whether the tax reductions for tax years twenty twenty four and twenty twenty five can take effect and to provide other information regarding state general revenue funding and to index the standard deductions for inflation to to transfer funds to the restricted reserve fund the general river reserve allotment reserve fund And economic development quick action closing fund. Three to make an appropriation for the American rescue plan funds for the department of finance administration disbursing officer for to repeal the law concerning pharmaceutical discounts for insulin five to modify the uniform liability I'll liability limited liability com company act to clarify the ability of the uniform limited liability Committee company act and related business the statutes and to confirm and retain limited liability status and limited liability protection of certain liability limited liability companies six to amend the law concerning the initial appointments to the tax appeals commission seven to amend the income tax credit for waste reduction reuse or recycling equipment to allow for use of those income tax credits by certified growth project and to clarify the distribution of those income tax credits eight to amend the law related to security personnel employed by the General Assembly nine to confirm gubernatorial appointees as required by Arkansas Code section ten two one one three and ten to provide for the payment of expenses and per diem of the house of representatives and the Senate for this extraordinary session in testimony where of I have I have under here and to set my hand and caused the Great Seal of the State of Arkansas to be affixed this third day of December and the year of our Lord twenty twenty one I such you governor. Senate resolution one by Senator Hickey to provide for the signing that German of the second extraordinary session of the ninety third General Assembly of the State of Arkansas Senate resolution one calendar Senate resolution two by Senator Rapert to extend the second extraordinary session of the ninety third General Assembly for a period not exceeding fifteen days to create an income tax credit for certain full time law enforcement officers Senate resolution to counter Senate resolution three by Senator Hammer to congratulate the Bryant Hornets high school football team on winning the twenty twenty one class seven A. state championship Senate resolution three dollars Senate memorial resolution one by Senator Elliot in respectful memory of Mister Martin nine and recognition of his many contributions to the state of Arkansas Senate more resolution one dollars. Senate bill one mass. By Senator Dismang and al. To amend the state income tax to create the the name and funding of the long term reserve fund and clear in a minute March the Senate bill one. Revenue tax Senate bill two by Senator Dismang to amend the law concerning the initial appointments to the tax appeals commission and declare an emergency Senate bill two. Revenue tax Senate bill three by Senator Dismang an act for the department of finance ministration disbursing officer supplemental appropriations Senate bill three. Joint budget Senate bill four by Senator Dismang to clarify that the bills have uniformly emitted liability company act two and to confirm and retain limited liability status and limited liability protection of certain liability limited liability companies and declare an emergency senate bill four. Insurance commerce Senate bill five by Senator Hickey to transfer funds to the restricted reserve fund general revenue allotment reserve fund And economic development incentive incentive quick action closing fund and declare an emergency Senate bill five joint budget Senate bill six by Senator sample concerning security personnel employed by the General Assembly and declare an emergency Senate bill six said Senate bill seven by Senator Sullivan rice to repeal the law concerning pharmaceutical discounts for insulin and clear emergency Senate bill seven public health Senate bill eight by Senator Rapert. To amend the state income tax to change the name and funding of the long term reserve fund to create an income tax credit for certain full time law enforcement officers and fire and emergency Senate bill eight what purpose don't have jet. Thank you rejection I do not believe that the this bill is trimming costs not that rumors of the call okay so he's asking the chair to rule my view of the Germaneness with regard to. Senate bill eight. it dissipated this was coming out met with and spoke with Steve Kerr more than he would like. Some some of the most of you were here we dealt with the issue of Germaneness with extended session. The case that I relied heavily upon at that time was wells the revere. That case is not particularly helpful here because it deals with an extended session. The Arkansas constitution. States that. No other business. Than that set forth therein meaning the call for the special session. Shall be transaction does same show been disposed of several the operative language is no other business there's not a lot of clarity in terms of. Other references to that term business in the state constitutions we have to look for some guidance there the first thing I did just to educate myself let's start looking at other state constitutions. Including. Of the state of Kentucky which is that a business it talks about subject subject seems to me but to broader then there is a broad term. Of Mississippi talks about the subject for matters matters you limited to matters that seems more specific under in the English language in the ward subject Alabama doesn't mention subject in matters it mentions only matters which is very specific. But none of those that I looked at mention business. Of course there is case law on the issue of what business means and in particular there's Jones of the state. There is also hope the all over that deal with this issue in your mind what the courts have decided to do over the years is defined the war business no other business broadly as the term subject let me read a couple of annotations. The legislature may act really within the call upon any upon all or any subject specified specified in the presumption will be in favor of the legislature. And the regularity of the action. Another quote is a wide range will be conceded to the legislature in deciding what comes within the purview of call. I will be really clear about this. And I don't want any noise coming from the gallery. This is not a football contest in our last set the. Of six that the troopers remove anybody who yells out cheers or whatever like last. My ruling last time I had nothing to do with my view of the bill said issue. In fact there were some of the bills that issue last time that rollout ninety one. This case is the same case here I'm doing what I'm supposed to do under the ruling if you don't like it only takes eighteen to change that. But. I don't see how in the world. A bill dealing with the tax credit is not germane to the subject of dealing with tax cuts and tax credits generally. Now. The legislature gets along the way and I can't save you all from which all have the ability to do which is to kill anything to overrule me to do what after. But I believe that is germane and that's by rule. Senate record thank you I'd like to make like to peel the ruling of the chair for you for the motion to fill ruling of the chair. All of. Not able anyone wish to be recognized. All. You wish to be recognized. Clarification Senate bill eight. Is filed and was filed in time for us to see that I'm I currently don't have the. I have not Senate Revenue and Tax but it is right here if that's your question when when was it filing is. I would have to go. Proximally. You need a copy of it. I'm just wondering about the entire community for voting on the Germaneness of the bill and the appeal of it if we so many of us have not had time to study and how could we do that okay well that's a separate issue that you're maintenance I got up this morning as well some. Senator. Senator Rapert senator garner Senator Rapert. Thank you Mr president and course if we need to come to well at some point we can't. Please course I appreciate the ruling of the chair actually if if I could address by way of the chair to say that the Senate bill eight actually was a backup situation here and obviously Senate bill eight Senate bill nine that will be coming you'll have the same opportunity to rule on that as well the provisions that's been added to Senate bill one about taking that entire bill and adding the full time law enforcement officer tax credit Senator Pitsch so it is exactly the same as the standalone bill Senate nine that is coming up next which would have the same discussion points and so to your to your point is you know I have emailed members and have provided draft language in the back up to that. Yes Sir point clarification and a yes vote would be to overruled chairs association dice rolling this Nongermane in a no vote would be to saying the of your motion allowing this to be germane is that correct. Just wanna clarification for what yes would be an agreement was Senator Dismang to to overrule my my ruling. What else. Senator Clark. Yes of two Senator pages point. The you have ruled that the bill is germane to the call. And so to vote that it is not germane to vote yes that is not germane one would have to study the bill I know that it is not germane. otherwise there would be no reason a vote against the call against the rule of the chair thank you anybody else all those in favor say aye. Follows. The ayes have it the this is Senate is mine's motion is carried we have the hands of one two three four we have five hands I'm center please call. Yes your during the center Dismang in your overruling my. Ballinger. Back on. Bledsoe. Caldwell. Chesterfield. Clark. Davis. DISMANG. Elliott. English. Flippo. Flowers. Garner. Gilmore. Hammer. Hendren. Hester. Hickey. Hello. Two. Irvine. Blake Johnson. Mark Johnson. Leding. Page. Right. Rice. Sample. Stubblefield. Sullivan. Teague. Tucker. Wallace. You know wish to vote or change their vote seeing none cast a ballot twenty three age nine days the motion is carried my ruling that the bill is Jermaine has been overruled Senate has determined it is not germane. Senate bill nine by Senator Rapert to create an income tax credit for certain full time law enforcement officers Senate bill nine. Senator designs recognized objected do not believe the bills remain to call my ruling would be the same as the other. I make a motion to appeal the ruling to the floor. You for the motion to appeal the ruling Senator Rapert. This is yes all right and I wish to make comments please comment. Members I do ask you to consider the fact. That this is actually a provision. That was stated in the spring. Tax and revenue committee had an opportunity to hear it. I was asked not to vote the Bill. So that we can turn around and handle this after we were at the end of the fiscal year and that we also do what the federal rules are going to be as it related to rescue funds. We did that we didn't have a vote. Members on the Senate tax revenue committee included the leader of the Senate I talked to Senator Hickey about at that time they didn't want to vote on the bill and I said I understand that if we can take it up at a future date we would like to do that the understanding is when we come back to deal with income tax cuts that we would deal with this particular issue. Many many members were support. We have nearly fifty co sponsors of this law enforcement officer tax credit the sheriff's association supported the chiefs of police association supported Arkansas state police I was just inform the Arkansas wildlife officers association wants their name added to that too so I'm stating that. Multiple quorum court multiple city councils all across the state of Arkansas have actually voice their support through written resolutions the governor's task force put in months of work and recommended that we pass a tax credit to support law enforcement officers. That promise has not been fulfilled to this point in Arkansas is forty nine the lowest in the nation. In terms of our pay for the average law enforcement officer shares of stated we have a crisis in Arkansas with being able to retain. Talent in recruits to serve our law enforcement officers there is no other class in the state that actually puts on a badge and a gun every single today and they run to the crises in our states. Would people say that we open this up and that we would have to do it for other groups well we raised pay for teachers we have put tax credits in for military retirees I supported those things. But it is not right for us to keep putting these people all. We have a crisis in the nation with the D. fund police in many of us in here if not all of us will say we back the blue but how can we honestly say we back the blue we're starving them at forty ninth in the nation. We have a twenty five million dollars it's almost requested for three thousand dollar income tax credit so that these law enforcement officers can get some relief. We have seventy million dollars accumulated surplus over bow or fiscal projections right now we got a billion two in long term reserve funds we put over four hundred million dollars in broadband that I support but I'm here to tell you. That one of the priorities in this state should be finding the police and law enforcement's or safety and security. Lieutenant governors RD rule once that this is germane obviously support that ruling. And there is no reason that we can actually make a decision on this bill you simply supported or not it's not going to take any heavier lifter time then what we do anything else that's the reason I run the bill to get it a ruling on the bill for us to be able to support it and I know the counties court records. And city councils around the state have actually ask you to support an asset with the governor himself and representatives late and I said when are you going to support what the task force it to do. Any civil just not now well that was the same excuse that was given to us in the spring so I ask you to please. Allow us to back the blue here in Arkansas and as representative selected this morning and I've said myself if we back the blue we should put our money where our mouth is thank you Mr president. As I wasn't clear you still need to come to the well to speak on legislation I was talking about motions we had changed the. The rule on motions are really change the rule but I just encourage people strongly to come down to the well you don't need to do that a motion to the more we'll have the plexiglass but please do come down if you speak for against the bill or on a motion is that clear I apologize for that on me for not being clear in Senator Clark. I don't think you could be more clear. That a bill that is do people could. Of the bill on the call. Except for an extra tax credit is germane. So the issue then becomes. Whose power. Several. Not serve a couple who told me that they were against the bill. Because of believes that they helped about government bond vote against the bill. But I know. That your beliefs about separation of powers. Have to be firmly held. I know that you were not happy. With the executive orders coming out of the bomb administration you weren't happy with executive orders coming out of the trump administration you're not happy with the executive orders coming out of the by the administration and that has not happened. From presidents taking power that has happened from Congress giving away their power and I have Watson the time that I have been here as we have give away power session after session after session and it does not matter who the governorates this vote is a precedent. And I would make it fair for. Your guess the bill vote against the bill. But you rule that this bill is not germane you have ruled that a governor decides what we will meet on. And that no legislator can follow anything else that's what you decided. Because. The lieutenant governor made the correct decision thank you. Anyone else so Stubblefield. Okay centers and then center for review this bill really. Define what kind of state will live in a regard for law enforcement the safety of our citizens. I do but this is just a whole lot that's not the vote that. But would you agree that this bill does really defined her action we want to go in in regard for law enforcement and the support of our law enforcement. And the safety of our citizens in relation to what's going on. Over the last two years. I agree we're trying to avoid a vote we're not avoiding a vote Senator Hendren has questions if you wish to take it up I'll state Senator Hendren. Thank you governor and Sir Clark to your point about germane is rather than the content of the bill you I would I would assume that you would agree that that the whether or not something's germane is relative to whether or not it's on this document the call correct. I. The I think. That Germaneness is defined in the dictionary I think to go lieutenant governor did a great job of defining Germaneness germane to what your call if it said you asked me the questions Senator Hendren I will I will answer fully of if we're going to get to the point that we're going to have a call that is so afraid that legislators may. Also put a bill out there that we're going to get down to actually putting the the actual we just as well have put the bill in the call. Of then again back to give away our power when the lieutenant governor who. He's here why in the world would we want to disagree with the lieutenant governor and say. Well let's let's do what the governor wanted what he was obviously trying to do and say no no legislator can follow bill when we've already got a ruling here this is just the opposite. Okay with with respect to answer the question fully the question was when we talk about Germaneness that is with written with respect to germane to the call on the reason I ask that is because when you look at the call you're right it's very specific about why we have been called down here in fact it mentions specifically to provide a non refundable personal income tax credit for up to sixty dollars for individuals having income up to twenty four thousand seven hundred dollars that's pretty specific and I guess the question we're asking before the Senate today is is a different tax credit that's nowhere mention the call germane to that and that's my question is don't you think whether it's written in here or not is what we're trying to decide thank. The judge minus what you asked is is can it be ready written that purse that specifically and if the legislature wishes for the executive branch to have that power then absolutely but it's already been ruled here today that no. It's the of record what we looked at other places that they should not be written that specifically can't be written that specifically and that this is in fact germane because it is the last bill was ruled remaining this one is in fact the same bill with in addition to. So again this is this was with the ruling that the latest that legislation legislators have power this is you saying no we don't want power we want the governor to have the power or your ability to vote. We thank. So that we can cite all I didn't vote against that. But I'm telling you right now the people are smarter than that but I would rather vote against it then give away my power to the exact price because it's not my power I represent ninety thousand people and we keep giving our power away that's what we've got this garbage that keeps coming down to us and people keep having the freedom taken away because we're the ones close to stand up for. Senator Rapert further questions or. Yes and I will sit seeking here closer here senator Clark appreciate your passion I just wanna ask questions for clarification. We just heard ten different. Call items that have been read across is that correct yes. Two of those call items number one mentions personal income tax credit. Seven. Mentions income tax credit there that's just two of ten. So to say that we came down here on one item is really not exactly. The truth because we have ten items that are listed correct right and within the omnibus I will just say so that people know that I actually asked for an amendment to simply be made to the omnibus bill to include this tax credit which would have been no problem at all but there just seems to be some options and I also want to ask I looked at several definitions of Germaneness Sir Clark in this definition stated here that it just is to be relevant. To a subject under consideration. Relevant to that this is an income tax credit it deals with law enforcement officers this is a well known subject and wouldn't you not say that we don't need to be redefining what these terms mean just for convenience. I would agree evidently any amendment to legislation by the legislature would not be germane. So thank you that was my question that if we took such a legalistic narrative you pointed your maintenance with that kind of Stifel the legislative process that say if tomorrow we discover there's a problem one of these bills we try to amend it if we go by definition we the call that would be a different item on their incidence of or legal precedent in court to cap things overturned what would you agree with that sentiment. Yeah I wish we shot about a rubber stamp down here with me sir Garner because that's evidently all that we could do thank you Sir Johnson. Sir Clark. Following the logic that Senator Hendren brought forth and I'm I've got to call in front of me saw what directly from an to provide a non refundable personal income tax credit of up to sixty dollars for individuals having an income up to twenty four thousand seven hundred dollars. If if that's the case if the if you use the logic that that's the only thing we could consider would that mean that the we could not for example have a bill that gave the fifty dollar tax credit rate the dollar tax credit at and if that's the case would you agree that we could cut this session even shorter save the taxpayers some more money we didn't send any bills to committee we just let certain bills to be introduced have no debate column up for a vote everybody and then we go home and celebrate Christmas would that be a logical consideration I think that we could make certain editorial writers happy never meet at all. Thank you Sir thank you Mr president. All those opposed no. Stood against all those of favour say aye. Close. Is have it Senator Dismang Eads motions carried roll call two three four one two three four five five hands please call the roll. Ballinger. Back. Back. But. Caldwell. Chesterfield. Clark. Davis. DISMANG. Elliott. English. Flippo. Flowers. Garner. Gilmore yes Hammer. Hendren. Hester. Hickey Hill. Irving. Blake Johnson. Mark Johnson. Leding. Page. Right. Rice. Sample. Stubblefield. Sullivan. Teague. Tucker Wallace. Anyone wish to vote or change their vote Senator Beckham aye aye anyone else can. Cast up the ballot twenty eight twelve may twenty just change twenty one. back on yeah okay twenty one days you're was slow twenty one days eleven days the Senator Dismang Eads motions carried my ruling on Germaneness is overruled the bill is not germane according to the photos. Senate bill ten by Senator Wallace to amend the income tax credit for waste reduction reuse or recycling equipment Senate bill ten. Revenue tax Senate bill eleven by Senator Garner to amend the state income tax and reduce the rate of tax tax levied on certain individual taxpayers Senate bill eleven revenue tax. Senate bill twelve by senator garner to prohibit the promulgation of divisive concepts and certain public entities to provide for penalties for violating the law concerning the obligation of the this device it's the concepts and declare an emergency Senate bill twelve. Senator Chesterfield Tucker surgeons felt. It to it being germane to the call Kate this up I looked at this bill and. One second Sir okay of look at this bill it is not germane to the call. And let me elaborate on some of the. Reasons I stated earlier. The law is very clear. Let me finish. Let me. What. Workers don't have. Yes Sir twenty clarification that this bill was not supposed to be heard during this part just followed me as a primary ports off there's there should be no debate about the main is it should not be assigned a commission be held here in the Senate until that point that's what I told the staff at that point up front point going on I know it's not germane to the call which you have to debate let's move on okay well I'm I'm official statement anyway I don't get much opportunity to do this and I'm a user The law is very clear. The governor cannot. The call here and limit the call to the text of the call. Can't do that the law is very clear Maria what. The legislature may I really within the call upon all or any subject also a wide range would be conceded to the legislature in deciding what comes within the purview of the call to put it in terms that I understand. The governor can call everybody to a breakfast special session. But he cannot require everybody to have to a. Petty gene but. And she's great. Although that sounds quite appetizing. If you all decide what the calls here you will country ham and instead. To be distinguished of city and I'm. You can do that there's some flexibility that's what the case is set that's what the intent is so my ruling is not germane. But the senators you're gonna pull this Downsview okay anything else at the desk. Senator Hammer. The question of of enquiring please. You just. You just made a statement that the law says. What we can and cannot do. But then did I understand you to say and I just want verification on this by what the Senate it awhile ago by overriding your determination. We have that flexibility in the law to be able to do that right sponsor protection of the law based on what I have for me in your you can override eighteen months. Any twice thank you and the last session we had you did. Yep. Yes. Yeah I I've got a question as well either for you or for Steve over there with regard to the process here for because again we just heard we got one bill that's been filed its I guess being held at the desk and I know we may have a couple of others. So since we've addressed the Germaneness issue I guess moving forward what is the process to get a bill considered outside of what has just been read across the desk. Well there's always the option of a of an extended. Session after the matters on the call been dealt with and what's the number of votes required to extend towards okay house isn't the only method remaining at this point. Yes I mean if something is germane to this call which for example we've already had one that's not then if there germane they can be they can be handled right now now you may end up with the timing issue I'm not going to I can't speak to who's going to do what in the in the next few days to. But generally the extended session is how you do that. This call and that cannot even be considered until all of the bills on the call that is okay thank. The question. Senator Rapert. Wishing you related to the the the Germaneness issue that we're dealing with is it not a true statement. That it during this session a three day call session the hopes that it's three days. The rulings on whether the bills are germane or not germane does not open the session whatsoever it's just saying are they germane to the call is that correct lieutenant governor that's that's correct amendment the session is limited to what is germane to the call. German by mail or older by the body which could openly me which is once so there is no decision or debate it is been discussed here today that actually opens up the session to anything and everything we simply a ruling on whether bills are germane or not to call correction that that that's correct I will say even things that are clearly not within the legal definition of Germaneness. The body if they voted. Good overall my ruling on that at if that's what they decide to do so you'll definitely have the power. Thank you okay. Senator. I know you once okay any. I say that. Senator Johnson. Mr president could you clarify what the procedure would be if. For example I have a bill drafted that I would like to possibly interviews if we get to the point where we completed the items in the call and would vote to extend is there a. Procedure in place such as senator garner just brought out where you have a bill you can be filed but it can't be read across the desk for first reading that time is there a guideline that you can share with us we have to have a vote in the in this chamber in the other chamber two thirds vote to extend. But that will be. Turner over to the bureau and sent to the secretary but not read across the desk another or two would have a bill number I guess is what I'm saying can be filed but not rent okay thank you Sir and intent of thank you miss the other Mr president. And that's why he pointed out that I don't know why it ended up here but it did. Any announcements. By any committee and Senator design. And I'm not sure I'm not aware what status is in the other chamber but we're joint budget will meet upon adjournment of both chambers today so we have a three Bills take up to them are the same so to really to items to consider. Their journey okay so joint budget on me just here shortly so if you make a waiver on joint budget. The House okay. I'm out yes and over big mac. I'm. Senator Elliot. Yeah I I'm not sure who this questions for but. I would just like to know when we're going to have the bills posted on line and what so people can know what day which bills are going to be heard because I'm trying to answer that question for some people and I don't know. I believe that the bills are already. Okay. And so then that well this is what I'm trying to get clarified for people who are thinking that a bill will be posted and they will have until the next day to know when we are going to hear those bills and that's what needs to be clarified you meeting. I'm in committee. I don't have an answer books yeah all I think the committee chairs speak Senate. The. We we did a motion to suspend that those of them we heard this afternoon those committees in Arkansas okay just the same way. We're about to leave here and we'll bills right there to hear photos and then reviewing tax only. We'll hear any of those bills that we. Has signed some people are wanting to come and testify it needs to be made really clear not are us that when we suspend a rule like that and I just wanna make sure we they need to know what that means and they don't know so that's why I want to get the clarity out there so people know it doesn't mean that they're going to have an opportunity just waiting and com twenty four hours later. Yes ma'am. The Indians this is just the bills that have been placed on the call which was I understand I understand and and interest is yeah I'm out the bills that are on the call one in particular. Be an interview the day right right because the brevity of this section. There was a motion made is suspended that's why that normal interview the day rule is not yeah I'm clear about which one to get a certain amount of time the public is not clear Roger Roger that yeah but they are they can be heard today and that was the that was what the motion resulted in I understand thank god I say that out loud so the public. There's. Now the representative sample. The Senate Revenue and Tax say from noon at one thirty in the old Supreme Court chamber. Public health will meet at one thirty in room two seventy two. Chesaning I good to have you senator Page minds a little bit different you walked in the chamber today thinking insurance and commerce is that three o'clock because of members who are involved state agencies and agate same time we're moving insurance and commerce fifteen minutes early to forty five it's changed on your schedule but don't be late two forty five so we get that build. Several. Senate leaders through talk today. Any other announcements. Tomica being more. Yes Sir Hickey. I get. Senator Hickey what time we've been more. Zero nine hundred. Senate adjourned till zero nine hundred tomorrow nine o'clock subject to the playing of this.
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Agenda

Call to Order

19:31

Roll Call

20:12

Prayer

21:00

Pledge of Allegiance

22:14

Announcements

23:30

Senator Jimmy Hickey Jr., President Pro Tempore of the Senate, will notify the House of Representatives that the Senate is organized and ready for business.

27:08

Senator Jimmy Hickey Jr., President Pro Tempore of the Senate, will notify the Governor that the Senate is organized and ready for business.

27:40

Reading of the Governor's Proclamation

28:18

Introduction of Senate Bills and Resolutions

33:57

Germaneness of SB8 to the call

40:32

Germaneness of SB9 to the call

47:22

Continue Reading of bills across the desk

1:04:13

Germaneness of SB12

1:04:58

Announcements

Adjourn

1:16:01

Documents

No documents posted.

Speakers